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Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, asks a complex question arising from a simple, everyday occurrence: is a payment to someone residing or located in another EU member state, who is already insolvent, legally valid?
22 August 2022
Brexit threatened to make the UK a less competitive cross-border restructuring market, McDermott Will & Emery’s co-head of finance, restructuring and special situations Aymen Mahmoud in London and partner Darren Azman in New York write – but the accelerated enactment of the Corporate Insolvency and Governance Act during covid-19 has ensured English law will continue to be a key international player.
19 August 2022
Fiona Huntriss and Neil Pigott, partners in the London litigation and disputes boutique founded by former Boies Schiller Flexner deputy chair Natasha Harrison in February, tell GRR what it’s like to work in London’s newest law firm, explain why Eastern Europe is an area to watch, and share their thoughts on the UK’s proposals to adopt two new Model Laws from UNCITRAL Group V.
12 August 2022
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
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
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
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
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
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
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
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