Global Restructuring Review - Cross-border restructuring and insolvency legal news, features and events

Features

The Kindly Ones

The Kindly Ones

15 August 2016

“Mediation of restructuring and insolvency-related disputes is a growing trend,” GRR kept hearing repeatedly from practitioners at events and meetings around the world. We set out to investigate and found that, while mediation is widely encouraged and used in North America, the process seems to be quite different from what is understood as mediation in Europe - where it has yet to catch on.

The man who's done it all: an interview with Dr Shinjiro Takagi

The man who's done it all: an interview with Dr Shinjiro Takagi

01 August 2016

Widely regarded as the father of Japan’s modern insolvency and restructuring laws, Dr Shinjiro Takagi has been a lawyer, a judge, an academic and an adviser to a multimillion-pound corporation. Now, at 80, he’s jetting off to pursue fresh professional interests with the law firm Morgan Lewis – outside of Japan.

Big, old and in retail – a recipe for confusion

Big, old and in retail – a recipe for confusion

25 July 2016

Older, established retail brands in the UK have been suffering in recent years and could now face further negative effects from Brexit. Against this backdrop, Claire Williams, an associate at Debevoise & Plimpton, looks at how retention of title clauses in retailers’ contracts with suppliers can complicate matters, particularly in the absence of cross-border harmonisation for these legal instruments.

BRUSSELS: protecting the wealth of Europe

BRUSSELS: protecting the wealth of Europe

13 July 2016

The development of pre-insolvency mechanisms alongside formal tools such as schemes of arrangement has been a valuable response to complex financial issues and should be borne in mind by regulators attempting to harmonise regimes, speakers said at a conference in Brussels on 16 to 17 June.

NEW YORK: Brazil’s bankruptcy law must evolve as restructuring cases skyrocket

NEW YORK: Brazil’s bankruptcy law must evolve as restructuring cases skyrocket

05 July 2016

Legal uncertainty, corruption investigations and an undiversified financial system continue to affect clients’ confidence in Brazil’s 10-year-old bankruptcy laws, but a growing body of jurisprudence is gradually ironing out some of the kinks in the restructuring process, agreed lawyers at the Latin Lawyer - GRR Restructuring Summit in New York last month.

Is French law about to become a reference for the European common approach on rescue proceedings?

Is French law about to become a reference for the European common approach on rescue proceedings?

29 June 2016

Partner Céline Domenget Morin and associate Romain de Ménonville from White & Case in Paris discuss the different types of amicable rescue proceedings in France and argue that the European Commission should look to them as it seeks to establish an efficient and effective common insolvency framework.

LONDON: Lawyers warn of proposed new US intercompany debt rules

LONDON: Lawyers warn of proposed new US intercompany debt rules

27 June 2016

Newly proposed intercompany debt regulations in the US could result in many debt instruments between related parties being characterised as equity, lawyers warned at a recent seminar, as they explored the impact of the potential changes on cross-border transactions.

Top São Paulo judge urges less procedural approach to restructuring

Top São Paulo judge urges less procedural approach to restructuring

23 June 2016

Daniel Carnio Costa, a bankruptcy judge at the First Bankruptcy Court of Brazil in São Paulo, called on his colleagues to ensure the social and economic benefits of corporate restructuring take precedence over the interests of the creditors and debtors, in a keynote speech at the Latin Lawyer - GRR Restructuring Summit earlier this month.

NEW YORK: Potential PDVSA default could resemble Argentina’s protracted holdout battle

NEW YORK: Potential PDVSA default could resemble Argentina’s protracted holdout battle

20 June 2016

Panellists speaking at the first Latin Lawyer - GRR Restructuring Summit held in New York earlier this month were split over whether Venezuelan state-owned oil company PDVSA is on track for an imminent default: but there was broad agreement that the legal aftermath will share many similarities with Argentina’s highly litigious 15-year sovereign debt battle.

NEW YORK: Distressed M&A deals in Latin America need cleaner strategies to soothe creditors

NEW YORK: Distressed M&A deals in Latin America need cleaner strategies to soothe creditors

16 June 2016

Lawyers representing debtors in distressed M&A deals in Latin America need to provide clearer communication strategies and valuation plans to avoid troubling creditors, guests at the first Latin Lawyer – GRR Restructuring Summit in New York heard last Monday.

READING: Comparing bank resolution regimes in the US & Europe

READING: Comparing bank resolution regimes in the US & Europe

15 June 2016

The traditional dichotomy between banking resolution and corporate resolution is obsolete, said speakers at a conference at the University of Reading, as they considered the practical, political and legal challenges that have distorted the development of a new regulatory landscape for financial institutions post-2008.

NEW YORK: DIP financing has broken ground in Latin America but remains “dysfunctional”

NEW YORK: DIP financing has broken ground in Latin America but remains “dysfunctional”

10 June 2016

A number of recent high-profile cross-border restructurings have brought changes to the way Latin American lawyers approach debtor-in-possession financing, but applicable laws remain “dysfunctional” according to a panel at Latin Lawyer – GRR Restructuring Summit in New York last Monday.