The Restructuring Review - Edition 4

Christopher Mallon
  • Editor:

  • Christopher Mallon
  • Skadden, Arps, Slate, Meagher & Flom LLP

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I am very pleased to present this fourth edition of The Restructuring Review. As with the previous editions, our intention is to help general counsel, government agencies and private practice lawyers understand the conditions prevailing in the global restructuring market in 2010/2011 and to highlight some of the more significant legal and commercial developments and trends during that period.

Unsurprisingly, the global economy is still struggling to emerge from the worst financial crisis since the Great Depression. The past year has seen mixed conditions, with improvements in some areas, the effects of which are being dampened by the deep-rooted systemic problems several western nations face in dealing with their sovereign debt balances. Government support for banking systems and the worldwide economy has been helpful, but widespread austerity measures, tax hikes and volatile financial markets make for difficult navigating. The effects of the global recession continue to be felt, with economic growth remaining, despite some bright spots, generally uninspiring.

Considerable uncertainty remains as to how best to remedy systemic weaknesses in our economic system, and on how properly to assist indebted nations and their often over indebted inhabitants. The main stock market indices followed an encouraging upwards trend in late 2010 and early 2011 but have now lost all of their gains, due to uncertainties about the political climate in the Middle East, how sovereign debt issues will be addressed, and the dual headwinds of sluggish growth and austerity measures. While banks generally seem in better health than they did a year ago, the economy as a whole does not, and talk of a full recovery in the short to medium term remains premature.

About the Editor

Chris Mallon is a partner at Skadden, Arps, Slate, Meagher & Flom LLP and co-leads the firm’s corporate restructuring practice in Europe.

Mr Mallon works closely with the London private equity team; as well as finance and corporate M&A lawyers, and the US corporate restructuring department. His recent private equity work includes the high-profile restructuring of $21 billion investment fund Carlyle Capital and the financial restructuring of 20:20 Mobile Group on behalf of Chicago Beta, an affiliate of UK private equity firm Doughty Hanson. He has also advised US private equity firm Fortress Group on various matters, including its investment in UK goods rental company Boxclever. Other experience in the sector includes work with Cerberus and TPG Capital.

His restructuring and insolvency credentials span cross-border reorganisations involving a number of jurisdictions, including England, the United States, Ireland, India, Russia, the Cayman Islands, Bermuda, Poland, Germany, Holland, Italy and Luxembourg. His clients have also included Enron, Global Crossing, WorldCom, Loral, Telewest, Parmalat, Eurotunnel, Gate Gourmet and Calyon.

Mr Mallon writes and speaks frequently on insolvency and restructuring. After graduating from the University of Western Australia, he was admitted as a barrister and solicitor of the Supreme Court of Western Australia in 1982 and as a solicitor in England in 1987.

Acknowledgements

The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book:

Argentina

  • Ricardo W Beller and Martín Campbell
  • Marval, O'Farrell & Mairal

Belgium

  • Steven De Schrijver and Thomas Daenens
  • Lorenz

Bermuda

  • Kehinde A L George
  • Attride-Stirling & Woloniecki

Canada

  • Michael J MacNaughton and Marc Duchesne
  • Borden Ladner Gervais LLP

Cayman Islands

  • Graham F Ritchie QC, Rebecca Hume and David W Collier
  • Charles Adams Ritchie & Duckworth

China

  • Zheng Zhibin and Kalley Chen
  • King and Wood PRC Lawyers

Cyprus

  • Maria Kyriacou
  • Andreas Neocleous & Co LLC

Czech Republic

  • Daniel Hájek
  • Achour & Hájek sro

Denmark

  • Kristian Gustav Andersson
  • Rønne & Lundgren Law Firm

England and Wales

  • Christopher Mallon and Alex R van der Zwaan
  • Skadden, Arps, Slate, Meagher & Flom (UK) LLP

Finland

  • Lauri Peltola and Tomi Teinilä
  • Waselius & Wist

France

  • Caroline Texier and Gabriel Sonier
  • Sonier & Associés

Germany

  • Christian Bürenz and Carsten Müller-Seils
  • Görg

Guernsey

  • Jason Romer
  • Collas Crill

Hungary

  • Mihály Barcza
  • Oppenheim

Japan

  • Shinichiro Abe
  • Baker & McKenzie

Lithuania

  • Giedrius Kolesnikovas, Emil Radzihovsky and Beata Kozubovska
  • Motieka & Audzevicius

Luxembourg

  • Martine Gerber-Lemaire
  • OPF Partners

Mexico

  • Thomas S Heather
  • Heather & Heather SC

Nigeria

  • Seyi Akinwunmi
  • Akinwunmi & Busari Legal Practitioners

Norway

  • Ylva Cornelia Daniëls and Audun Kleppestø
  • Advokatfirmaet Haavind AS

Peru

  • José Jiménez Chocano
  • Rebaza, Alcázar & De Las Casas Abogados Financieros

Portugal

  • Ana Paula Matos Martins and Maria José Andrade Campos
  • Baião, Castro & Associados – Sociedade de Advogados, RL

Scotland

  • David Gibson and Michael Thomson
  • Dundas & Wilson

Spain

  • Antonio Fernández, Borja García-Alamán, Adrián Thery and Juan Verdugo
  • Garrigues

Switzerland

  • Vincent Jeanneret and Olivier Hari
  • Schellenberg Wittmer

Turkey

  • Alp Zerenoglu
  • Gür Law Firm

Ukraine

  • Iryna Drofenko and Roman Ognevyuk
  • EnGarde Attorneys at Law

United Arab Emirates

  • Bashir Ahmed and Aly Shah
  • Afridi & Angell

USA

  • Sally McDonald Henry
  • Skadden, Arps, Slate, Meagher & Flom LLP

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