Rising Chapter 11 Bankruptcies in Healthcare
Critical Access to Care in Rural Communities
Increasing Hospital Profitability Through Transformative Integrations
Hospital Restructuring and Strategic Partnerships
Strategic Restructuring for the Future: Exploring Upstream Revenue Opportunities for Hospices
Strategic Restructuring for the Future: The State of the Hospice Market
Avoiding Tax Consequences During Oil & Gas Restructurings
A Conversation with Lindsay Chu on Asia Restructurings
A Conversation with John Houghton on Asia Restructurings
A Conversation with Rajiv Gupta on Asia Restructurings
A Conversation with Ben Simpfendorfer on Asia Restructurings
A Conversation with David Heller on Asia Restructurings
A Conversation with Robyn Meredith on Asia Restructurings
Maximizing Outcomes in Upcoming Asia Restructurings - Executive Summary
The M&A Word of the Day® from the Book of Jargon® – Global Mergers & Acquisitions is Locked Box
Cohen: Cyprus Is Not A Template For Future Restructurings
Businessweek Reporter: BigLaw Is "Crash Landing"
Our London Financial Restructuring team authored the UK chapter of the 8th Edition of The Legal 500’s “Restructuring & Insolvency Comparative Guide". The guide provides information on the current issues affecting...more
Key Points - Following our Alert last month addressing the United Kingdom Government’s intentions to improve the workings of the National Security and Investment Act 2021 (NSIA), the U.K. Government has now published two new...more
In this episode Sheena Frazer and Nicola Hughes discuss The National Security and Investment Act 2021....more
The Situation: The Adler Group sought to restructure more than €6 billion of debt by means of a UK restructuring plan ("RP"), to give itself a runway for a planned wind-down and asset sales, leading to an enhanced return for...more
On 23 January 2024, Snowden LJ handed down the Court of Appeal's judgment in the Adler Restructuring Plan case - AGPS Bondco plc - overturning the sanctioning of the Plan by the High Court in April 2023....more
The decision represents the first appellate-level ruling on the Part 26A regime. On 23 January 2024, the Court of Appeal set aside the sanction of the Adler restructuring plan (RP) in the first appellate-level decision on...more
Overview - The Court of Appeal has overturned the decision of the High Court in Carton-Kelly v Darty Holdings SAS, providing welcome clarity for directors of distressed companies when considering whether to make payments...more
Investors in LMA-based intercreditor agreements (ICA) should be reassured by the commercial approach recently taken by the High Court in construing the "Distressed Disposal" provisions (DD Provisions)....more
This article considers the key issues a dissenting creditor or shareholder (Dissenting Stakeholder) should consider when challenging a UK Restructuring Plan (Plan) under Part 26A of the Companies Act 2006. For convenience,...more
In the recent case of Avanti Communications, the English Court held that to constitute fixed charge security, a chargee’s control over the relevant charged assets does not need to be absolute. A significant amount of control...more
HMRC has recently taken an increased interest in opposing restructuring plans under Part 26A of the Companies Act 2006 (“Part 26A”) under which HMRC would otherwise be crammed down. This follows HMRC somewhat regaining its...more
The restructuring plan has so far proven to be a powerful tool to facilitate restructurings of complex capital structures. Two recent cases provide further helpful guidance for advisers when formulating a restructuring plan...more
On July 7, 2022, the UK Insolvency Service, an executive agency of government responsible for a variety of roles in administering the UK insolvency regime, published a consultation on the UK’s proposed adoption of two...more
The UK Part 26A restructuring plan was introduced in the UK over two years ago. It draws upon features of the well-tested scheme of arrangement, a court supervised procedure under Part 26 of the UK Companies Act 2006. Despite...more
1 Overview - 1.1 Where would you place your jurisdiction on the spectrum of debtor- to creditor-friendly jurisdictions? Bermuda is a self-governing British Overseas Territory. The systems of law administered in...more
The National Security Investment Act 2021 (the “Act”) came into effect on 4 January 2022 and introduced a new UK investment screening regime focused on national security risks (the “NSI Regime”). It is similar to the...more
The National Security and Investment Act 2021 ("NSIA" or "the Act") came into force in the UK on 4 January 2022. NSIA expands the UK Government’s powers to scrutinise certain acquisitions and investments on national security...more
For the first time, a UK court has crammed down a dissenting class of senior secured creditors. Our Financial Restructuring & Reorganization Group reviews the court’s reasoning and sets out the main takeaways from the...more
On the 19th of August 2021, the English High Court sanctioned a Part 26A restructuring plan proposed by the administrators of Amicus Finance plc (in administration) (“Amicus”) for the company’s solvent exit from...more
As we stand facing another potential financial crisis, the UK adopted new regulations which tighten the screw to control pre-packaged sales to connected parties. ...more
A UK court has allowed the first case where the most-senior creditor class has been compromised under a restructuring plan despite its objections. Our Financial Restructuring & Reorganization Group outlines the background to...more
A restructuring plan completed earlier this year by Smile Telecoms notches up a number of firsts. African telecommunications provider Smile Telecoms Holding Limited, incorporated in Mauritius, successfully completed a...more
In this alert, we look at the recent Virgin Active and Hurricane Energy restructuring plans. Stakeholders should continue to see the restructuring plan as an important tool for the implementation of complex restructurings....more
On 28 June 2021, the English High Court handed down a judgment declining to sanction a restructuring plan proposed by Hurricane Energy PLC, which sought to cram down the dissenting class of shareholders and hand over the...more