Predictions and Suggestions of Morrison & Foerster’s Hedge
Recovery/Defense Team.
Morrison & Foerster has formalized its multi-disciplinary team dedicated to responding to client service needs in the coming distress cycle for at-risk hedge funds and
structured debt vehicles. Representing “foreign representative” liquidators and investor/creditor
committees early in U.S. Chapter 15 bankruptcy cases, following the first round of failed funds’ filing
of offshore insolvency cases, has helped us appreciate the “game” to come. We are now also
helping prime brokers and bank creditors prepare their defensive and recovery strategies for what is
coming next, as we enter this serious, crash-risk period. As failed funds begin to liquidate their
portfolios, whether in the courts or outside of court and “below the radar,” our Team is also there to
support the buyers. The cross-border and multi-disciplinary nature of these issues requires a unified
Team of lawyers with relevant experience acquired from cross-border bankruptcy/restructuring, M&A, and litigation in prior down-cycles. Also relevant are practices for international tax and hedge fund formation and advisory practices, for distressed M&A, and for other specialties applicable to certain asset categories, such as credit default derivatives.
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