THIS PAST SPRING, A NEW YORK JURY found Chinese manufacturers of vitamin C liable for fixing prices of exports from China into the United States, in violation of U.S. antitrust laws. In t...
As restructurings become increasingly cross border, Chapter 15 recognitions of foreign proceedings have become increasingly common. Although not sought in most Chapter 15 cases (and succe...
Articles & Books
The Threshold, vol. XIV, no. 1, Fall 2013, American Bar Association
Recent merger enforcement suggests that the U.S. antitrust authorities have engaged in detailed re-examinations of market definition in a number of industries in which the historical defi...
The third edition of A Practitioner’s Guide to the Regulation of Investment Banking, a guide to the regulation of investment banking activities in the UK, European and international con...
Bond indentures and credit agreements often contain “make-whole” provisions, which require issuers and borrowers to pay premiums if they redeem bonds or prepay loans before maturity. ...
The way in which the UK financial services industry is regulated underwent a significant restructuring in 2013 with the adoption of a ‘twin peaks’ system of regulation and supervision.
In negotiating debt covenants, lenders should avoid several common reclassification traps. Some are bargained for, others may be accidental. A few recent precedents reflect that in this a...
Through various affiliated entities, large financial institutions may have multiple touch points to a company client or multiple roles in a complex financial transaction. For example, one...
Articles & Books
The International Insolvency Review, First Edition, Law Business Research Ltd., 2013
A court presiding over a multi-jurisdictional insolvency case is faced with a dilemma: should the court apply its own laws and rules as if the case had no international aspects, or defer ...
Articles & Books
The International Insolvency Review, First Edition, Law Business Research Ltd., 2013
Although individual states in the United States have laws that govern the relationship between debtors and their creditors, insolvency law in the United States is primarily dictated by ...