Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Morrison & Foerster LLP ordered by Published Date Descending.
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MoFo Advises EQT Credit On Cross-Border Committed Financing
Morrison & Foerster has advised EQT Credit, as sole term lender in respect of Oakley Capital's investment in Seagull and Videotel. The drawn committed financing of EQT Credit (through its Direct ...
United States
14 Oct 2019
English Court Provides Guidance On Director Liability For Dividends
A recent decision of the High Court of Justice in England & Wales in Re Burnden Holdings (UK) Limited (in liquidation) [2019] EWHC 1566 (Ch) ("Burnden Holdings") provides a thorough review.
United States
8 Aug 2019
Return Of Crown Preference At The Expense Of Floating Chargeholders
Much controversy followed the British government's announcement in 2018 that it intended to reintroduce a statutory priority for certain tax debts of companies subject to the UK insolvency regime.
United States
26 Jul 2019
The Supreme Court Clarifies A Trademark Licensee's Rights After Rejection In Bankruptcy
The Supreme Court's recent decision in Mission Product Holdings, Inc., v. Tempnology, LLC [1] clarifies that a debtor-licensor's rejection of a trademark license under § 365(a) ...
United States
5 Jun 2019
Defrauding Creditors Through Dividends, And The Shift Of Directors' Duties
The Court of Appeal of England and Wales ("CA") made a significant ruling on two matters affecting the powers and duties of directors of English companies.
United States
14 Mar 2019
Closing In On Make-Wholes: The Fifth Circuit's Ultra Decision
On January 17, 2019, the United States Court of Appeals for the Fifth Circuit (the "FifthCircuit") issued a decision in In re Ultra Petroleum Corp.
United States
30 Jan 2019
New UK Insolvency Regime For Universities And Colleges
The introduction of a special insolvency regime for university education and sixth form colleges in England and Wales ("Colleges") ...
United States
22 Jan 2019
"No Deal" Brexit: The Bank Recovery And Resolution Directive (The ‘BRRD') After Brexit
The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (the ‘BRR Regulation') came into force on 20 December 2018.
European Union
22 Jan 2019
You Say Advance, I Say Repay – What Does The Court Of Appeal Say?
Case: Leibson Corporation and Others v TOC Investments Corporation and Others [2018] EWCA Civ 763 (17 April 2018).
29 Nov 2018
New UNCITRAL Model Law To Facilitate Cross-Border Restructuring And Insolvency
UNCITRAL has adopted and published a second model law to promote universalism of restructuring and insolvency.
19 Nov 2018
How The UK Government's "No Deal Brexit" Planning Impacts Cross-Border Restructuring And Insolvency In The UK
English law restructuring and insolvency tools are used to implement financial restructurings and the external administration of foreign companies
European Union
16 Nov 2018
September 2018 Bid Protest Roundup
This month's round-up covers a slew of interesting bid protests from the Government Accountability Office
United States
11 Oct 2018
English Law Routes Exhausted For Banco Espirito Santo Creditors:
The U.K. Supreme Court has closed off a challenge to the restructuring of Banco Espirito Santo (BES) under English law
United States
27 Jul 2018
English Law Routes Exhausted For Banco Espirito Santo Creditors: English Law Challenges To EU Bank Restructurings Firmly Closed Off By U.K. Supreme Court
The U.K. Supreme Court has closed off a challenge to the restructuring of Banco Espirito Santo (BES) under English law. Through an emergency liquidity facility creditors ...
European Union
26 Jul 2018
Court Of Appeal Judgment: Waterfall IIA Case
Court of Appeal judgment: Burlington Loan Management and others v Lomas and others (as the joint administrators of Lehman Brothers International (Europe) (in administration)) [2017] EWCA Civ 1462
1 Nov 2017
A "Palliative" Approach To Insolvency In The Retail World?
Howard Morris, head of the Business Restructuring + Insolvency group at Morrison & Foerster in London, recently authored "A ‘palliative' approach to insolvency in the retail world?" for Global Restructuring Review.
United States
25 Aug 2017
South & Southeast Asia M&A Newsletter - January 2017
This newsletter summarizes some of the key changes affecting foreign investment in South and Southeast Asia. We hope that you will find this information useful.
18 Jan 2017
Not Entitled To Makewholes? Not So Fast
Throwing yet another wrench into the long-running and hard fought bankruptcy proceedings of Energy Future Holdings Corp., et al.
United States
1 Dec 2016
Lehman Brothers International (Europe) (In Administration) – Two Recent Judgments
Last week, the High Court ruled on the meaning of "Default Rate" in the 1992 and 2002 ISDA Master Agreements (together, the "ISDA Master Agreements").
European Union
19 Oct 2016
Flourishing By Becoming Familiar: How To Attract Restructuring Investors To The Post-Brexit UK
Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and working with clients on key concerns and issues, now and in the coming weeks and months.
2 Aug 2016
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