Publication
2nd Circuit defers to executive will on application of sovereign immunity
The Second Circuit recently held that federal common law protections of sovereign immunity did not preclude prosecution of a state-owned foreign corporation.
We are constantly reminded that the restructurings of global businesses require legal experience in multiple jurisdictions. Cognizant of the need to stay abreast of developments in major economic centers, we feature articles in this issue on new cross-border developments in Australia, the UK, Canada and the US.
Given our market-leading experience throughout the world in representing global financial institutions in complex, cross-border restructurings, we are pleased to announce an upcoming video series, the Norton Rose Fulbright Global Restructuring Institute. Led by Howard Beltzer, the series will include three separate programs, with faculty consisting of senior restructuring lawyers from throughout our network. The first program will tackle general issues in multinational restructurings, including jurisdictional requirements, restructuring options, ancillary foreign proceedings, and the ability to obtain recognition of foreign proceedings. The second program will focus on litigation issues attendant to cross-border restructurings, including lender liability, preferences and fraudulent conveyances, equitable subordination, releases and cramdown/voting issues. The third program will address corporate and enforcement issues, such as foreclosure and exercise of remedies, credit bidding, corporate governance, and derivative and related transactions. We hope to address the most important and timely issues in the global restructuring arena. Please look for further details in coming weeks.
I would be remiss in not noting the passing of a good friend and one of the titans of the restructuring and insolvency world. Gabriel Moss passed away on March 15. Gabriel was an internationally recognized UK barrister and scholar. We worked with Gabriel on numerous occasions, including as our expert on schemes of arrangement in Hopewell, the landmark recognition case before the late Chief Judge Tina Brozman in the Southern District of New York. Not only did he provide insightful testimony before the court, but his easy-going manner clearly charmed the judge (and we prevailed to boot).
He will be greatly missed.
Howard Seife
Global Head
Financial Restructuring and Insolvency
Latest airline news – Avianca Brazil: what happens in Cape Town stays in Cape Town
April 2019
Review of jurisdictional issues in recent cross-border schemes of arrangement
April 2019
Re OJSC International Bank of Azerbaijan [2018] EWCA Civ 2802
April 2019
Impact of the Australian Banking Royal Commission on insolvency professionals
April 2019
Publication
The Second Circuit recently held that federal common law protections of sovereign immunity did not preclude prosecution of a state-owned foreign corporation.
Publication
Facing the fast-growing development of AI across the globe, particularly Generative AI (GenAI), the G7 competition authorities and policymakers (Canada, France, Germany, Japan, Italy, the UK and the US) and the European Commission met in Italy on 3-4 October 2024 to discuss the main competition challenges raised by these new technologies in digital markets.
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