Cross-border Restructuring
Corporate groups are not constrained by jurisdictional boundaries, and neither are we. Our geographical reach across Europe, the Americas, Asia, and beyond allows us to support our clients everywhere.
Insolvency processes often begin in a company's home jurisdiction but need to be recognized elsewhere. Our teams are experienced in obtaining recognition and in working with insolvency practitioners around the world.
Understanding local markets, while maintaining a global perspective is key. We can use our local and international skills to guide your restructuring or insolvency planning so that you can take advantage of the process that is best suited to your needs.
Fund Investment
We regularly advise on new money investment to support and rescue businesses in distress. Our experience across the capital structure - and knowledge of key options - positions us to understand how to manage and navigate the risks and rewards of investing in distressed situations.
Debtor Representations
A company that becomes financially distressed needs support from advisors that recognize the primary issues at play and can formulate the right path forward.
Whether it is drafting employee incentive schemes to maintain morale, agreeing to new payment terms with suppliers and customers, or negotiating amendments to existing credit facilities, we are renowned for our collaborative, pragmatic, and solutions-based approach and our exceptional commitment to clients.
Our geographical reach and our full-service offering in many jurisdictions mean that we can support our clients wherever they are and be fully attuned to their needs.
Creditor Representations
Complex debt structures and diverse creditor groups have made navigating the debt restructuring arena even more challenging than ever. Often, it is difficult to identify how any value can be returned to the creditors.
We advise creditors at all levels of the debt structure. Our lawyers have strong practical experience of the technical and commercial issues facing all stakeholders, including the drivers for their decisions in a restructuring situation. We use our negotiating skills to keep parties talking and our pragmatic advice gets results for clients.
Distressed M&A
Our M&A, and Restructuring and Special Situations teams have worked together extensively on distressed M&A transactions. This collaborative approach allows us to offer sophisticated, coordinated support on behalf of financial and strategic buyers of, and investors in, distressed M&A assets. Clients engage our team to help navigate the complex journey of acquiring troubled assets. We understand the unique combination of business, regulatory, and legal challenges that arise in these transactions, both inside and outside of insolvency proceedings.
Across industry sectors, we provide our clients with a team oriented, collaborative approach that offers a full spectrum of legal services necessary for executing restructuring transactions, including debt finance, labor and employment, tax, antitrust, environmental, intellectual property, real estate, and employee benefits.
Distressed Debt Transactions
Debt trading is now a common feature of developed loan markets. Advising both buy-side and sell-side, we are experienced in using both the Loan Market Association (LMA) and Loan Syndications and Trading Association (LSTA) forms of trade and sub-participation agreements, along with more bespoke trade documents.
On loan portfolio transactions we understand the seller's need to achieve a clean exit and the purchaser's need to understand the assets being acquired. We work with clients on the due diligence processes and on structuring and documenting the sale process, as well as any ongoing transitional services requirements.
Debt trading is a tool that can offer opportunities to market players and we are ideally positioned to support you in this area.
Liability Management Exercises
Over the past two decades, the market has seen a significant shift from public to private equity funds, as well as a notable trend in workouts involving private debt and high yield debt.
This market shift - in combination with an increase in risk thresholds, loose (or even completely absent) financial covenants in many private credit and high yield documents, and the flexibility embedded in private credit and high yield covenants - has led to a greater percentage of non-bankruptcy resolutions than ever before.
Our team has an exceptional record in guiding organizations through these out-of-court restructurings and workouts, seamlessly working with other departments to deliver optimal outcomes. We bring together a highly experienced team of debt finance, capital markets and restructuring lawyers to get outstanding results, even in the most complex cases.
Structural Optimization
Many businesses - including large automotive, chemical, industrial, and minerals companies – face unwanted mass tort exposure from their historical or current operations. Simultaneously, the tort bar representing plaintiffs has become more coordinated and sophisticated in their approach, developing many new tortious products.
Litigating those liabilities is often an option for businesses, but there are other strategic measures that can be taken to isolate and ultimately remove them. This can help to protect key assets and clean up balance sheets, guarding and promoting share value. More specifically, without regularly reviewing, sanitizing or optimizing their businesses, organizations can open themselves up to liabilities that cross-contaminate what might otherwise be distinct operations. When dealt with proactively, liabilities can be minimized or potentially avoided altogether.
Our RSS team is actively involved in leading or collaborating with multidisciplinary groups of lawyers to support companies in exploring the options to minimize exposure to large scale, known and unknown tort liabilities. Through the process of structural optimization, we can help you to isolate an exposure, stop it from tainting the rest of the business, and potentially remove the problem altogether via disaffiliation.
Sovereigns
Sovereigns and sub-sovereigns around the world face a raft of economic, social, and political challenges. For many sovereigns and sub-sovereigns, these challenges are heightened by trade volatility, supply chain turbulence, plummeting tax revenues, regime changes, regulatory reforms, and maturing debt. To navigate these challenges, we can bring sophisticated and experienced counsel that is founded on local, regional and international knowledge and an understanding of cultural nuances.
Our lawyers have extensive experience advising sovereigns, sub-sovereign, and quasi-sovereign entities on all types of finance matters, including debt and equity offerings, project financings, bank financings, and domestic and cross-border restructurings. We have a keen understanding of the issues facing low income and emerging sovereigns, sub-sovereign and quasi-sovereign entities in times of uncertainty. We know the implications for sovereign entities and the approaches that can mitigate and solve these challenges.