Features

Just and equitable winding up: an underutilised remedy for aggrieved shareholders?

Harneys partner Peter Ferrer and associate Megan Elms consider why the remedy of just and equitable winding up has been used sparingly by aggrieved shareholders in the British Virgin Islands and England and Wales, but highlight recent decisions that show why it remains an important tool that may be used more liberally by the courts going forward.

01 August 2022

Heads-Up: Daniel Anderson at Ropes & Gray in Hong Kong

Featured in Heads-Up

Daniel Anderson, partner and co-head of Ropes & Gray’s restructuring and special situations practice in Asia, speaks to GRR about the problems facing the Chinese real estate sector, what Hong Kong can do to remain competitive for cross-border restructurings, and whether the much-anticipated wave of covid-related insolvencies will impact Asia over the coming months.

27 July 2022

Cayman Islands restructuring: recent common law insights for directors when entering the zone of insolvency

Conyers Dill & Pearman partner Jonathon Milne and associate Rowana-Kay Campbell in the Cayman Islands, and partner Anna Lin in Hong Kong, explain why the new Cayman restructuring regime is likely to be a welcome addition to the legislative landscape for prudent directors – particularly in light of current macro-economic conditions and the difficulties many companies are facing.

26 July 2022

“Winter is coming and it’s starting with crypto”: NY lawyers react to month of turmoil

With the market reeling after crypto firms Three Arrows Capital, Voyager Digital and Celsius all sought bankruptcy protection in New York earlier this month, local lawyers compare the disarray to the collapse of Lehman Brothers, discuss the many novel legal issues that need to be resolved in the first Chapter 11 cases and predict crypto debtors will struggle to survive without completing M&A deals.

22 July 2022

Storm warnings: will stagflation herald a new wave of corporate failures?

As inflationary pressures and battered supply chains plague businesses, Herbert Smith Freehills partners John Whiteoak and Natasha Johnson predict an uptick in companies using the UK’s “very powerful” new restructuring plan after what they say has been an initial reticence since it was introduced two years ago.

19 July 2022

Cayman Islands restructuring officer regime and the Gibbs rule

Harneys partners Ian Mann in Hong Kong and Jayson Wood in Bermuda consider how the Gibbs rule might apply to the Caymans Islands’ new restructuring officer regime in the third and final article of the firm’s three-part series examining the forthcoming Companies (Amendment) Act.

08 July 2022

Heads-Up: Luc Despins and Kris Hansen at Paul Hastings in New York

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The co-chairs of Paul Hastings’ restructuring practice, Luc Despins and Kris Hansen, recently brought to work together when Stroock Stroock & Lavan's restructuring team moved to the firm in March, tell GRR their expectations for the global economy in the next 12 months, why Singapore and the Cayman Islands are emerging jurisdictions for restructuring, and their secrets for good brief writing.

01 July 2022

The Cayman Islands’ new restructuring officer regime

In the second article of a three-part series, Harneys partners Chai Ridgers in Hong Kong and Jessica Williams in the Cayman Islands consider the practicalities of the Cayman Islands’ proposed new restructuring officer regime, comparing it to the “light touch” provisional liquidation process that is currently in place – and explain why Asian practitioners in particular should pay attention.

29 June 2022

Heads-Up: Sylwia Maria Bea at Norton Rose Fulbright in Frankfurt

Featured in Heads-Up

The co-leader of Norton Rose Fulbright’s EMEA restructuring group Sylwia Maria Bea discusses the new German insolvency law StaRUG, her role setting up a women-only restructuring association and why ESG considerations should become more widespread over the rest of the year.

14 June 2022

MIE’s “unique” cross-border debt restructuring

Lawyers from Walkers take a step-by-step walk through the “unique” Cayman and US restructuring of Chinese oil and gas company MIE – particularly its novel adoption of an order for the conditional withdrawal of a winding up petition presented by a “friendly creditor” and corresponding discharge of provisional liquidators before the restructuring was completed.

09 June 2022

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