The Brookstone Holdings asset sale, for which Gibson Dunn served as legal counsel, was recognized as the “Restructuring Deal of the Year” at the inaugural The Deal Awards Middle Market.
Firm News | March 26, 2019
New York partner Matthew Kelsey and associate Matthew Porcelli are the authors of "Del. Bankruptcy Court Reclaims Control Of Article III Suits" [PDF] published by Law360 on March 14, 2019.
Publications | March 14, 2019
The Supreme Court’s watershed Stern v. Marshall decision altered the division of labor between bankruptcy courts and district courts, establishing that bankruptcy courts lacked authority under Article III of the United States Constitution to enter final orders resolving certain “core” claims notwithstanding Congress’s grant of such authority in the Bankruptcy Code. A recent decision by the Bankruptcy Court for the District of Delaware in the bankruptcy case of oil and gas exploration company Paragon Offshore represents the latest chapter in Stern’s ongoing aftermath.
Client Alert | March 13, 2019
Gibson Dunn received 30 rankings in Chambers Europe 2019: 22 individual rankings and eight firm rankings. The firm was recommended in the following categories: Competition/European Law – Belgium; Corporate Investigations – Europe-wide; Corporate/M&A: High-End Capability – France; Restructuring/Insolvency – France; TMT: Information Technology – France; Compliance – Germany; Corporate/M&A: High-End Capability – Germany; Dispute Resolution: White-Collar Crime: Corporate Advisory – Germany.
Firm News | March 8, 2019
In this webcast, a panel of seasoned Gibson Dunn partners discusses cutting-edge strategies to implement out of court workouts and exchanges for financially troubled issuers.
Webcasts | February 12, 2019
Who’s Who Legal Restructuring and Insolvency 2019 recognized five Gibson Dunn partners. Los Angeles partners Robert Klyman and Jeffrey Krause, New York partners David Feldman and Michael Rosenthal, and Paris partner Jean-Pierre Farges were listed.
Firm News | January 15, 2019
Los Angeles partner Jeffrey Krause was named by Turnarounds & Workouts to its 2018 list of Outstanding Restructuring Lawyers. The list was published in the December 2018 issue.
Firm News | December 21, 2018
French business magazine Magazine des Affaires has ranked Gibson Dunn in the top tier in both its debt restructuring and insolvency categories. The rankings were published in the December 2018 restructuring special of Magazine des Affaires.
Firm News | December 18, 2018
Since the result of the Brexit referendum was announced in June 2016, there has been significant commentary regarding the potential effects of the UK's withdrawal from the EU on the financial services industry.
Client Alert | October 11, 2018
Please join a panel of seasoned Gibson Dunn attorneys for a presentation on how a company can best protect itself against “veil-piercing” claims and “alter ego” liability.
Webcasts | July 31, 2018
The French Supreme Court for civil law matters (Cour de cassation) made public on June 28, 2018 an important decision dated May 24, 2018. The Social Chamber (Chambre sociale) of the Cour de cassation decided that the ultimate controlling shareholder of a liquidated French subsidiary committed several faults justifying to condemn it to compensate the French employees for the loss of their jobs.
Client Alert | June 28, 2018
Global Restructuring Review listed Gibson Dunn in the GRR 100, “a survey of the top 100 law firms verified as being able to handle cross-border restructurings and insolvencies.” In addition to the firm being recognized, Singapore partners Saptak Santra and Jamie Thomas, and senior restructuring counsel Troy Doyle were included in GRR’s “Singapore Names to Know.” The lists were published in June 2018.
Firm News | June 5, 2018
Six Gibson Dunn partners were recognized by Who’s Who Legal in their respective fields. In Who’s Who Legal France 2018 guide Paris partners Nicolas Baverez and Jean-Pierre Farges were recognized in Administrative Litigation and Restructuring & Insolvency respectively.
Firm News | May 25, 2018
On March 5, 2018, the U.S. Supreme Court issued a decision in U.S. Bank N.A. Trustee, By and Through CWCapital Asset Management LLC v. Village at Lakeridge, LLC (No.
Client Alert | March 20, 2018
New York partner J. Eric Wise and New York of counsel Yair Galil are the authors of "'All Assets' First-Lien/Second-Lien Intercreditor Agreements," [PDF] published by Bloomberg Law on March 7, 2018.
Article | March 7, 2018
On February 27, 2018, the U.S. Supreme Court issued a decision in Merit Management Group, LP v. FTI Consulting, Inc. (No. 16-784), settling a circuit split regarding the “safe harbor” provision in § 546(e) of the Bankruptcy Code.
Client Alert | March 5, 2018
Groundbreaking Ninth Circuit Decision Declares Only One Class of Impaired, Consenting Creditors Is Needed to Confirm a Joint Plan Among Multiple Debtors
Client Alert | February 6, 2018
New York partner Michael Rosenthal, Orange County associate Matthew Bouslog and New York associate Dylan Cassidy are the authors of "Bankruptcy Court Upholds the Enforcement of the Ipso Facto Clause Against a Foreign Debtor," [PDF] published by American Bankruptcy Institute Journal in February 2018.
Article | February 1, 2018
As some sectors of the UK economy continue to falter and feel the negative impact of various macro-economic events (including depressed oil and commodity prices, low interest rates and the uncertainty caused by the Brexit referendum decision and ensuing withdrawal process), it is inevitable that a number of borrowers will find themselves in pre-distressed or distressed scenarios.
Client Alert | January 31, 2018
New York partners Matthew Kelsey and J. Eric Wise and associate Matthew Porcelli are the authors of "The Battle Over 3rd-Party Releases Continues," [PDF] published by Law360 on November 17, 2017.
Article | November 17, 2017
I. Introduction As discussed in our October 23, 2017 client alert, bankruptcy courts considering whether to approve non-consensual third-party non-debtor releases included in a plan of reorganization have taken divergent approaches to determine which "operative proceeding" is appropriate for analyzing whether the court has jurisdiction or constitutional authority to approve the releases.
Client Alert | November 16, 2017
New York partners Matthew Kelsey and J. Eric Wise and associate Matthew Porcelli are the authors of "A Tale of Two Cases on 3rd-Party Releases," [PDF] published by Law360 on November 9, 2017.
Article | November 9, 2017
Substantive consolidation is an equitable doctrine that permits a bankruptcy court, under certain circumstances, to disregard distinctions between parent companies, subsidiaries and affiliates that operate together as a corporate group.
Client Alert | November 3, 2017
Spin-off transactions offer opportunities and advantages under the right circumstances, but also come with the risk of post-transaction litigation.
Webcasts | October 31, 2017
On October 20, 2017, the Second Circuit issued its opinion in Momentive Performance Materials Inc. v. BOKF, NA v. Wilmington Savings Fund Society, FSB (In re MPM Silicones, LLC), affirming in part and reversing in part a decision by the District Court for the Southern District of New York.
Client Alert | October 27, 2017
I. Introduction Non-consensual third-party non-debtor releases are often included in chapter 11 plans. While the language and scope of these provisions vary, they all seek to prevent one or more non-debtor parties from pursuing claims against certain other non-debtor parties.
Client Alert | October 23, 2017
Several courts have held that the doctrine of international comity and the presumption against the extraterritorial application of U.S. law protect foreign transactions from avoidance actions in U.S. bankruptcy proceedings.
Client Alert | October 20, 2017
As discussed in our August 8, 2016 client alert, lenders and borrowers continue to experiment with creative structures to prevent a bankruptcy filing.
Client Alert | September 26, 2017
An informative hour-long webinar discussing the remedies provided to a secured creditor by the Uniform Commercial Code outside of bankruptcy proceedings.
Webcasts | September 6, 2017
London partner Gregory Campbell is the author of "Brexit and The Cross-Border Conundrum," [PDF] published by International Financial Law Review in the September 2017 issue.
Article | September 1, 2017
New York associate Matthew Porcelli is the author of "To Fund or Not to Fund: Responding to a Draw Request from a Distressed Borrower," [PDF] published in ABI Journal in June 2017.
Article | June 1, 2017
Program: The presentation will provide attorneys with a comparative overview of debt restructuring regimes in Singapore, the United States, the United Kingdom and Hong Kong.
Webcasts | April 27, 2017
On March 22, 2017, the Supreme Court issued its opinion in Czyzewski v. Jevic Holding Corp., No. 15-649, __ S. Ct. __, 2017 WL 1066259 (Mar. 22, 2017).In a 6-2 decision, the Court held that a bankruptcy court may not order distributions that violate the priority scheme outlined in the Bankruptcy Code (11 U.S.C.
Client Alert | March 27, 2017
The Singapore Ministry of Law and Ministry of Finance recently conducted a public consultation exercise from October 21, 2016 to December 2, 2016 to seek feedback on the proposed Companies (Amendment) Bill 2017 ("Bill") to strengthen Singapore as an international centre for debt restructuring. The idea for change dates back to December 2010 when the Ministry of Law formed the Insolvency Law Review Committee ("ILRC") to review Singapore's bankruptcy and corporate insolvency regime.
Client Alert | March 2, 2017
Please join a panel of seasoned Gibson Dunn bankruptcy practitioners for a discussion of the current landscape affecting the recovery of "make-whole" premiums in debt documents.
Webcasts | February 1, 2017
The enforceability of the so-called "make-whole" premium--the contractual yield-protection payment included in certain debt documents that is calculated to offset lost future interest payments when term debt is repaid before maturity--has been analyzed in several decisions in recent years.
Client Alert | January 25, 2017
The Indian MarketThe Indian economy continues to be an attractive investment destination due to its sustained stable growth and implementation of further liberalisation policies by the Government of India ("Government").
Client Alert | January 19, 2017
Over the last eight years, the German economic recovery seemed very robust to any sort of political and financial turbulences occurring in the EU and world-wide.
Client Alert | January 13, 2017
Los Angeles associate Sabina Jacobs is the author of "Possible Makeover for Make-Wholes After EFH" published in the American Bankruptcy Institute Journal in January 2017.
Article | January 1, 2017
A Delaware bankruptcy court has invalidated a lender's attempt to prevent a borrower from filing bankruptcy by having the borrower amend its operating agreement to require unanimous consent among its members to file bankruptcy and then issuing one "golden share" to the lender.In In re Intervention Energy Holdings, LLC, the borrower had defaulted under a senior secured loan and subsequently entered into a forbearance agreement with its lender. As part of the forbearance agreement, the lender required the borrower to agree to (a) amend its operating agreement to require approval of each holder of common units prior to any voluntary bankruptcy filing and (b) issue one share of common units to the lender. The borrower and its parent holding company filed voluntary c
Client Alert | August 8, 2016
London partner A. Stephen Gillespie is the author of "Key Issues for US Firms to Know about UK Decision to Brexit" [PDF] published on July 6, 2016 by Daily Journal.
Article | July 6, 2016
The Insolvency and Bankruptcy Code, 2016 (the 'Code') has been notified in the [Indian] official gazette on May 28, 2016. The Code completely overhauls laws governing insolvency in India and is a major initiative of the government towards improving the ease of doing business in the country.
Client Alert | June 8, 2016
2015 has been an extraordinary year for M&A on a global scale. Despite a 3.2% decrease in deal volume, total deal value reached US$4.3tn, an astounding 30.5% increase from last year.
Client Alert | February 24, 2016
In light of the tumult in the junk bond market, the gyrations in the stock market, and other storm clouds on the global economic horizons, companies that face refinancing of their debt in 2016 and 2017 may find themselves restructuring through bankruptcy in Chapter 11.
Webcasts | February 24, 2016
This presentation unpacks the bankruptcy bogeyman. We canvas some of the fundamental principles of bankruptcy underlying the evolution and form of the real estate financing structures that predominate the market, and discuss how varying structures and provisions can affect results in a future workout or bankruptcy.
Publications | January 27, 2016
Fashion and retail companies face significant challenges in the current financial climate. With the decline of brick and mortar stores and shopping malls, fashion retailers must invest in on-line and social media strategies.
Webcasts | December 9, 2015
Orange County partner Craig Millet, Denver associate Jeremy Graves and Orange County associate Matthew Bouslog are the authors of “Super-Subordination, a Super Problem: A Call to Amend § 510(b)” [PDF] published in the June 2015 issue of the American Bankruptcy Institute Journal.
Article | June 4, 2015
On May 4, 2015, the District Court for the Southern District of New York affirmed Bankruptcy Judge Robert D.
Client Alert | May 14, 2015
On May 4, 2015, Vice Chancellor Travis Laster of the Delaware Court of Chancery issued an opinion providing a thoughtful analysis of when the creditors of an insolvent corporation have the right to bring derivative claims, such as those alleging breach of director fiduciary duties.
Client Alert | May 11, 2015
For many troubled companies, defined benefit pension plan liabilities are unaffordable. The single-employer plan fund of the Pension Benefit Guaranty Corporation (PBGC), which provides guaranteed benefits to participants in terminated plans, has a deficit in excess of $27 billion, and U.S.
Webcasts | April 30, 2015