Welcome to our fourth quarter issue of Norton Rose Fulbright's International Restructuring Newswire. We again draw on our global team of lawyers to address some of the key issues facing restructuring professionals.
The recent restructuring of the Dutch shipping group Vroon demonstrates vividly the challenges facing practitioners dealing with the complexities of cross-border situations. The restructuring also demonstrates that with creativity and perseverance, practitioners can use the tools that exist to put together deals that preserve businesses and maximize recoveries for creditors and other stakeholders. Here, we take an in-depth look at the successful Vroon restructuring and how the parties used both a Dutch WHOA and an English scheme of arrangement to get the deal done.
In this issue, we also hear from our practitioners in Canada on the challenges to intercreditor covenants in insolvency proceedings and in the US on how cannabis companies fare in the US bankruptcy courts. And we take a global view on two increasingly critical issues: the use of mediation in restructurings and risk to directors of companies on the cusp of insolvency.
Good reading!
Howard Seife
Global Co-Head of Restructuring
New York
Scott Atkins
Global Co-Head of Restructuring
Sydney
Publication
While country risk cannot be avoided in cross-border transactions entirely, it can be effectively mitigated through careful transaction structuring and tailored contractual protections.
Publication
Miranda Cole, Julien Haverals and Emma Clarke of our Brussels/ London offices are the authors of a chapter on procedural issues in merger control that has been published in the third edition of the Global Competition Review’s The Guide to Life Sciences. This covers a number of significant procedural developments that have affected merger review of life sciences transactions.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023
