Welcome to our fourth quarter issue of the International Restructuring Newswire, where our lawyers from around the globe share their insights on issues facing all of us in the restructuring realm. Directors, for example, need to be particularly cognizant of their duties when the companies they serve are facing financial distress. These duties may well shift depending on the status of their company and the demands of creditors and other stakeholders. We take a close look at the dilemmas facing directors in two key jurisdictions—England and Singapore—and report on critical new key decisions coming out of the courts that should guide directors’ actions. We also examine critical new trends in the cross-border restructuring world: the use of the Netherlands WHOA in conjunction with a Part 26A UK restructuring plan; the new wave of liability management transactions (LMTs) in the US; and the growing dominance of private credit in the global market.
Good reading!
Howard Seife
Global Co-Head of Restructuring
New York
Scott Atkins
Global Co-Head of Restructuring
Sydney
Publication
The Supreme Court, agreeing with the Trump and Biden administrations, held in Kennedy v. Braidwood Management, Inc. that the members of the USPSTF are inferior officers who may be appointed by the HHS.
Publication
A recent ruling from the Third Division of the Texas Business Court recognizes that well pled allegations of alter ego, conspiracy or other forms of derivative liability premised on corporate formation may be sufficient to create jurisdiction in the Texas Business Court.
Publication
As technology advances, the litigation landscape evolves with it. Several years ago, when this evolving technology converged with the Covid pandemic, remote depositions boomed and since have become commonplace.
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