Searching Content indexed under Financial Restructuring by Shearman & Sterling LLP ordered by Published Date Descending.
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Keep Comity And Carry On: Us Bankruptcy Court Grants Recognition And Enforcement Of A Foreign Debtors' Settlement Agreement Approved By Croatian Court That Modifies English Law Debt
Parties involved in cross-border bankruptcy/restructuring situations may be wary of the risk that repeated litigation in different courts with jurisdiction over the same debtor will result...
United States
27 Dec 2018
Financially Distressed Companies Answer Book 2019
Partner Fredric Sosnick (New York-Financial Restructuring & Insolvency) has just released the latest issue of Financially Distressed Companies Answer Book 2019 for the Practising Law Institute (PLI).
United States
19 Oct 2018
Transaction Highlights: Frigoglass Restructuring
The parent company, Frigoglass S.A.I.C. (the "Parent") is incorporated in Greece and listed on the Athens Stock Exchange; it has subsidiaries in various EU countries and elsewhere in the world, but not in the UK.
United States
13 Apr 2018
Taxation Of Restructuring Profits In Germany - Tax Administration And Legislator Swiftly React To A Recent Detrimental Decision Of The German Federal Fiscal Court
In many financial restructurings to date market participants had relied on the operation of the 2003 Circular...
11 May 2017
Marblegate Asset Management, LLC V. Education Management Finance Corp.: Federal Appeals Court Holds That Trust Indenture Act Prohibits Nonconsensual Amendments Only To "Core Payment Terms"
On 17 January 2017, the federal appeals court based in New York held that the prohibition in the Trust Indenture Act of 1939 on impairing a bondholder's right "to receive payment" without the bond...
United States
11 May 2017
Appeals Court Overturns Marblegate, Citing Analysis By Shearman & Sterling Partner
The law on debt restructurings and liability management is back to where it was. Yesterday, the Second Circuit Court of Appeals reversed the controversial District Court decisions in the Marblegate-Education Management...
United States
23 Jan 2017
Halbhuber Authors Opinion Piece On Congressional Intent In Debt Restructurings
Counsel Harald Halbhuber (New York-Capital Markets) wrote an opinion piece, titled "Congress Never Intended Windfall for Bond Holdouts," that was published by Forbes on September 23.
United States
28 Sep 2016
Court Of Justice Of The European Union Confirms Validity Of The European Commission's 2013 Banking Communication On State Aid
In its judgment of 19 June 2016, the Court of Justice of the European Union confirmed that the European Commission's 2013 Banking Communication is not contrary to EU law.
United States
16 Aug 2016
Halbhuber Writes Article Discussing Debt Restructurings And The Trust Indenture Act
Counsel Harald Halbhuber wrote an article titled Debt Restructurings and the Trust Indenture Act that was published on June 14 in the Harvard Law School Forum on Corporate Governance and Financial Regulation.
United States
24 Jun 2016
EU Technical Standards On Contents Of A Business Reorganization Plan And Reporting On Implementation
On May 10, 2016, the European Commission adopted a Delegated Regulation outlining the regulatory technical standards on the elements of a business reorganization plan...
European Union
1 Jun 2016
Second Circuit Determines That Tax Memo Shared Between Taxpayers And Banks Is Protected Under The Common Interest Doctrine And Subject To Work-Product Protection
In Schaeffler, the taxpayers petitioned to quash an IRS summons for a tax memorandum and related documents prepared by taxpayers' accounting firm in connection with a complex refinancing and corporate restructuring transaction...
United States
23 Nov 2015
Keeping Marblegate In Perspective: Implications For Debt Restructurings, Indenture Amendments And New Bond Issues
Involuntary debt restructurings that have the effect of impairing a bondholder's right to receive payment may violate the Trust Indenture Act.
United States
20 Jul 2015
Gold Or Fool’s Gold?
By mid-2014 the consequences of several years of significant liquidity constraints in the traditional sources of funding for the mining sector, combined with depressed commodity prices, became increasingly evident.
United States
29 Apr 2015
Further UK Legislation Implementing EU Bank Recovery And Resolution Directive Published
On January 5, 2015, HM Treasury published the Bank Recovery and Resolution Order 2014 and the Banks and Building Societies Order 2014 ("BBSO").
27 Jan 2015
The Acquisition Of IP Assets In Bankruptcy
The sale of IP assets during a bankruptcy can be a very lucrative transaction for both buyer and seller, but what due diligence needs to be considered?
United States
23 Jul 2014
Financially Distressed Companies Answer Book 2014
The book provides a comprehensive treatment of issues faced by management, vendors and creditors dealing with financially distressed companies.
United States
17 Jul 2014
EU Bank Resolution Agreement Signed by 26 Member States
26 EU member states have signed an IGA on the transfer of contributions to a single EU resolution fund to be established under the EU banking union.
European Union
30 May 2014
Financial Regulatory Developments Focus - 28 April 2014
In this newsletter, we provide a snapshot of the principal European, US and global financial regulatory developments of interest.
United States
1 May 2014
Single Resolution Mechanism Regulation Adopted By The European Parliament
The European Parliament adopted the Single Resolution Mechanism Regulation which will implement a SRM for Eurozone banks.
European Union
30 Apr 2014
BRRD Adopted By The European Parliament
The European Parliament adopted the Bank Recovery & Resolution Directive which sets out the rules applicable to EU banks and large investment firms in distress.
European Union
30 Apr 2014
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