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    COVID-19 and the impact on asset-based lenders and their customers
    2020-03-31

    The outbreak of coronavirus COVID-19 represents one of the most significant global public health crises in recent memory and is causing major disruption and unprecedented volatility in markets, economies and businesses. With such great social and economic uncertainty, it is inevitable that existing financial arrangements will be affected and asset-based lenders (ABLs) are not immune to this. They are, however, uniquely positioned – given the flexibility of the products they offer – to react to the ever-changing economic landscape.

    Filed under:
    United Kingdom, Insolvency & Restructuring, DLA Piper, Force majeure, Coronavirus
    Authors:
    Joseph Frew
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Global Insight - Issue 30, October 2019: Getting insolvency proceedings recognized in the UK: Have you thought about section 426?
    2019-10-07

    In a world of multinational businesses, ever-changing consumer trends and political uncertainties, insolvencies and financial restructurings of a cross-border nature are a common occurrence. Officeholders therefore frequently need to consider options that allow, at the very least, recognition of their appointment in the jurisdictions where the insolvent debtor has (or had) operations, assets or other relevant connections.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper, UNCITRAL
    Authors:
    Roya Panahi , Tim Dawson
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Energy, Infrastructure and Projects Global Insight Issue 2, 2019: Key themes in distressed projects
    2019-08-20

    An insight into the key issues and challenges facing global infrastructure projects, and a look at possible solutions and mitigations.

    In brief

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Projects & Procurement, DLA Piper, Due diligence, Public-private partnership, Outsourcing, Carillion
    Authors:
    Maria Pereira , Alison Fagan , Owen Knight
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Goods vehicle operators' licenses in an insolvency context
    2019-06-25

    Navigating the road between regulatory compliance and business rescue

    When dealing with a goods vehicle operator in an insolvency context:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Shipping & Transport, DLA Piper
    Authors:
    Richard Obank
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Goods vehicle operator’s licenses in an insolvency context
    2019-06-25

    Navigating the road between regulatory compliance and business rescue

    When dealing with a goods vehicle operator in an insolvency context:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Shipping & Transport, DLA Piper
    Authors:
    Richard Obank
    Location:
    United Kingdom
    Firm:
    DLA Piper
    SDNY Bankruptcy Court strikes down insider releases in chapter 11 plan as improper retention-related transfers
    2024-07-24

    On July 19, 2024, Judge Michael Wiles of the US Bankruptcy Court for the Southern District of New York issued a ruling in In re Mercon Coffee Corporation, Case No. 23-11945, invalidating insider releases in a proposed chapter 11 plan on the basis that the releases were improper retention-related transfers.

    Judge Wiles found that he could not approve the releases – even though the debtors had promised them and insiders had relied upon that promise – because the releases did not meet the strict requirements of Bankruptcy Code Section 503(c).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, DLA Piper, Supply chain, Coronavirus
    Authors:
    Robert Klyman , Scott Shelley
    Location:
    USA
    Firm:
    DLA Piper
    Limiting chapter 11 as a tool for collective resolution of mass tort liabilities
    2024-07-22

    In Harrington v. Purdue Pharma, the US Supreme Court in a 5-4 decision held that the US Bankruptcy Code does not permit a debtor to confirm a chapter 11 plan that releases non-debtors from similar or related claims the creditors could assert directly against them.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, DLA Piper, US Congress, Supreme Court of the United States
    Authors:
    Craig Martin , Rachel Ehrlich Albanese
    Location:
    USA
    Firm:
    DLA Piper
    COVID-19: The benefits of US chapter 11 relief in a time of economic crisis
    2020-03-19

    While the impact of the coronavirus disease (COVID-19) is as of yet uncertain, one thing is clear: the global outbreak of COVID-19 has caused − and will likely continue to cause − a precipitous decrease in demand and supply as a result of quarantine orders, business closures, and social distancing, all aimed at flattening the curve of the pandemic. As a result, a dramatic and pronounced economic downturn is predicted as the pandemic’s impact touches virtually all businesses, regardless of geography or industry.

    Filed under:
    USA, Insolvency & Restructuring, DLA Piper, Board of directors, Coronavirus, Title 11 of the US Code
    Authors:
    Daniel M. Simon
    Location:
    USA
    Firm:
    DLA Piper
    Commercial bankruptcy practice in the US today: Chapters 11 and 15
    2020-01-29

    Commercial bankruptcy practice in the United States is governed by Chapter 11 of title 11 of the United States Code. The focus of Chapter 11 is assisting a distressed company to reorganize its debts to emerge as a going concern or liquidate its assets as part of an orderly wind-down. In this article, we highlight the key benefits available to a Chapter 11 debtor and describe the various stages of a case, including statutory requirements, and types of plans.

    Filed under:
    USA, Insolvency & Restructuring, DLA Piper, Board of directors, Title 11 of the US Code
    Authors:
    Rachel Ehrlich Albanese , Oksana Koltko Rosaluk
    Location:
    USA
    Firm:
    DLA Piper
    Supreme Court: Trademark Owners Cannot Reject Licenses in Bankruptcy
    2019-05-20

    On Monday, May 20, 2019, the United States Supreme Court issued an 8-1 decision holding that a bankrupt company’s decision to reject an existing license of its trademarks does not terminate a licensee’s right to continue using the licensed trademarks.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, DLA Piper, Supreme Court of the United States
    Authors:
    James Stewart
    Location:
    USA
    Firm:
    DLA Piper

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