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The Law and Practice of Restructuring in the UK and US


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Table of Contents

1: Christopher Mallon, Ray C. Schrock, and Shai Y. Waisman: Introduction 2: Scott V. Simpson, Jay M. Goffman, and Matthew Barr: Emergency Sales in the US and the UK 3: James McDonald, Danny Tricot, Richard Ho, and Maria Protopapa: US and UK Tender Offers, Exchange Offers and Other Out-of-Court Restructurings 4: Christopher Mallon and Ray C. Schrock: Duties of Directors and Management of Distressed Companies 5: James L. Bromley, Jane VanLare, Kara Hailey, Victor Chiu, and Pete Coulton: Arriving at a Compromise with, and identifying Key Stakeholders: Waivers, Amendments and Standstills, Participations, Debt Buy-backs, Inter-Creditor Agreements and Make-Whole Provisions. 6: Gabriel Moss QC, Daniel Bayfield, Adam Al-Attar, Howard Seife, and Andrew Rosenblatt: Giving Effect to Debt Compromise Arrangements - Binding the Minority or Out of the Money Classes of Creditors 7: Ray C. Schrock and Christopher Mallon: Private Equity's Emerging Role in Preventing and Participating in Restructurings 8: Jeffrey D. Saferstein and Dominic McCahill: Venue and Forum Selection in the US and UK 9: Ray C. Schrock: Restructuring Issues in Financial Institutions, Energy, Property, Airline and Shipping Concerns in the UK and US 10: Philip Ridgway, Stuart J. Goldring, and Max A. Goodman: Tax Issues in Restructuring 11: Philip Hertz, Mark Poulton, Gabrielle Ruiz, and Shai Y. Waisman,: Compromising Shareholder Claims both Generally and in Listed Companies 12: Michael Sippitt, Nick Huffer, Julie Lanz, and Eric Ivester: Employees and Trade Unions 13: Alastair Meeks and Paul J. Wessel: Pension Scheme Trustees and Regulators 14: Christopher Mallon, Ray C. Schrock, Maurice Horwitz, and Shai Y. Waisman: Cross-Border Issues

About the Author

Chris Mallon is a Partner and the Co-Head of the Corporate Restructuring Department in Europe at Skadden, Arps, Slate, Meagher & Flom (UK) LLP and has played a lead role in growing the firm's corporate restructuring practice in Europe. Chris was a contributor to ollier on Bankruptcy 15e (LexisNexis looseleaf) and speaks regularly on restructuring issues in Europe and the US. Shai Waisman is Chief Executive Officer of Prime Clerk, is a widely recognized expert on restructuring and bankruptcy. Before joining Prime Clerk, Shai was a partner in the Business Finance & Restructuring department of Weil, Gotshal & Manges, where he led some of the largest and most complicated restructurings in history, including Lehman Brothers, American Airlines, Global Crossing, Loral Space & Communications and Steve & Barry's. Ray Schrock is Co-Chair of the Business Finance & Restructuring Department at Weil, Gotshal & Manges LLP and has extensive experience leading complex, corporate international and U.S. restructuring matters. Mr. Schrock has represented debtors, non-debtor parent companies and affiliates, financial institutions, private equity funds, hedge funds, portfolio companies, secured and unsecured creditors and other major stakeholders in numerous in-court and out-of-court restructuring matters.


...this is a masterful work that conveys what it promises to do and, for that reason, should be of use to practitioners and stakeholders in the restructuring environment. * Paul J. Omar (Journal of International Banking Law and Regulation, 2017) *
It contains an outstanding selection of cases, primarily from courts based in the US, the UK, Australia and Europe. This case study approach makes the book not only more actual and effortless to read, but also extremely valuable for the prospective audience, who are given direct guidelines on how to address the problems they face in their daily practice. It represents a welcome support for all those who practise and deal with insolvency and restructuring matters under the UK and/or the US law. * Eugenio Vaccari (International Company and Commercial Law Review, 2017) *
An authoritative and highly regarded text which contains a wealth of legal expertise presented by, in addition to the authors, thirty-five expert contributors, all of whom offer the benefits of their extensive experience in this field. Highly readable, easily navigable and copiously footnoted, this handy and helpful volume belongs in the library of every transatlantic practitioner. * Phillip Taylor MBE and Elizabeth Taylor, The Barrister *

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