The number of disputes arising out of financial distress and insolvencies is on the rise. Some of these disputes are being litigated in national courts, but the use of arbitration is becoming more common in some places.
We have a dedicated team of restructuring and dispute resolution experts who give the best possible advice in these critical situations and know the procedural specifics of the relevant forum.
disputes in connection with restructuring or insolvency plans;
the full range of options in cases of anticipated default or covenant breach. We have acted for the issuer/borrower and noteholder/lender side, and can find creative financing and liability solutions, litigate claims for breach of contract and seek or defend enforcement of judgments;
the enforcement of security over shares or other assets in insolvency;
the representation of insolvency officeholders and restructuring officers in legal disputes;
the defence of reorganisations and other corporate restructuring measures in the face of opposition from shareholders;
the assertion or defence of: insolvency claw-back claims; liability claims against management or shareholders in the context of insolvency; and claims arising from violations of capital maintenance rules;
disputes arising from distressed M&A deals; and
disputes in the context of the subordination of shareholder loans.
Among our clients are domestic and multinational companies, financial creditors, insolvency practitioners and governments and regulators.
With a reputation for a cutting-edge, commercial and solution-focused approach, you can be sure that our team will hit the ground running whenever you need us – and regardless of how many jurisdictions your situation touches. In Germany, for example, recognising the needs our clients have for deep expertise in these areas, we have established a core group of partners and associates who specialise in this work – with a track record over the last ten years specifically on the interface between R&I advisory and dispute resolution. In London, New York and in Hamburg, we are unique among top tier restructuring firms in having a litigation group specifically dedicated to restructuring and insolvency.
Advising UK department store Debenhams on the successful defence of its company voluntary arrangement to restructure lease obligations.
Defending the UK administrators of the Zinc Hotels group against claims made by the former shareholder.
Acting for the administrators of UK airline Monarch Airlines in a dispute with the UK slot co-ordinator over the airline’s ability to receive and monetise airport slots. You can read more in this case study.
Advising VakıfBank on its successful challenge to a claim brought in England by BTA Bank relating to a multi-million dollar guarantee liability and the effect of BTA's Kazakh restructuring.
Advising a global manufacturer of home appliances in multijurisdictional disputes arising out of the insolvency of a commercial customer, including developing and implementing the defence against claw-back and tort claims brought forward by an insolvency administrator.
Acting for one of the world’s leading shipping companies in multijurisdictional disputes arising out of the insolvency of a supplier, including an insolvency-related arbitration.
Dr. Lars Westpfahl Partner
Madlyn Gleich Primoff Partner
Timothy Harkness Partner
Neil Golding Partner
Craig Montgomery Partner
Noah Rubins QC Partner
Thomas W. Walsh Partner
Kevin Whibley Counsel
Kristina Maria Weiler Principal Associate
Hamburg, New York