Announcements and Press

Welcome To Mofo Restructuring Round-Up

Welcome to our site! We look forward to sharing our analysis of the statutory, regulatory, legal and business related developments in the insolvency and restructuring world with you.

You can expect articles, infographics and podcasts, as well as some interactive content, such as webinars and events. We would very much like to engage with you, so we encourage you to contact any of the authors or editors, should our content inspire or capture your interest or should you wish to discuss.

December 27, 2023 - UK Updates and Analysis
London BRIG Update
In the following blog post, the London BRIG team look back at the restructuring trends that helped shape the market in 2023, review the outlook for the upcoming year and introduce MoFo’s recent hires. #embed-wrapper-560851679{padding: 0 0 2850px;} #embed-wrapper-560851679{padding: 0 0 2850px;}
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November 29, 2023 - UK Updates and Analysis
The Administrator – An Officer of the Company?
By: Oliver Spratt
In a welcome clarification for administrators, the UK Supreme Court in the recent case of R (on the application of Palmer) v Northern Derbyshire Magistrates’ Court [1] , held that an administrator appointed under the Insolvency Act 1986 ( IA 1986 ) is not
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October 10, 2023 - UK Updates and Analysis
European Uptier Transactions: Six Things to Look Out For
Whilst commonplace in the U.S., uptier transactions in which a borrower teams up with a subset of creditors to issue new “super priority” debt by amending or exchanging existing debt documents, have not been widely used in Europe. However, with increasing macro economic pressures
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March 15, 2023 - U.S. Updates and Analysis
Liquidity Crises and Fiduciary Duties of Directors of Early-Stage Companies
By: Seth J. Kleinman, Jennifer L. Marines, Lorenzo Marinuzzi, James Michael Peck, Benjamin Butterfield, Theresa A. Foudy, Gary S. Lee and James A. Newton
The FDIC receiverships of Silicon Valley Bank and Signature Bank have caused certain early-stage companies to face potentially crippling near-term liquidity issues. These liquidity issues may result in a company becoming insolvent. Therefore, boards of directors of such companies need to consider their fiduciary
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February 15, 2023 - UK Updates and Analysis
High Court Rules that ISDA Bankruptcy-Related Events of Default Can Be Cured in Lehman Case
In Grant & Ors v FR Acquisitions Corporation (Europe) Ltd & Anor (Re Lehman Brothers International (Europe)) [2022] EWHC 2532 (Ch), the English High Court ruled on an application for directions (the “ Application ”) made by the administrators (the “ Administrators ”) of
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February 08, 2023 - UK Updates and Analysis
London BRIG Update
In the following blog post, the London BRIG team look back at the restructuring trends that helped shape the market in 2022, review the outlook for the upcoming year and introduce MoFo’s recent hires who expand the team's BRIG and related capabilities. Understanding and
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January 19, 2023 - U.S. Updates and Analysis
An Overview of Sovereign Debt Restructuring
By: Andrew Kissner and James A. Newton
This article explores the process of sovereign debt restructuring and considers how recent developments, including stronger Collective Action Clauses (CACs) and new legislative measures and protocols, might impact future restructurings. #embed-wrapper-173528692{padding: 0 0 4100px;} #embed-wrapper-173528692{padding: 0 0 4100px;}
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November 18, 2022 - U.S. Updates and Analysis
Crypto Exchange Bankruptcies: Are Prepetition Crypto Withdrawals and DeFi Loan Repayments Avoidable Preferences?
By: Theresa A. Foudy, Andrew Kissner and Miranda K. Russell
Over the span of two weeks in July 2022, two of the largest retail-facing cryptocurrency platforms, Celsius and Voyager, filed for chapter 11 bankruptcy protection. Both cases were precipitated, at least in part, by a “run on the bank” in which retail customers withdrew
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August 03, 2022 - UK Updates and Analysis
The National Security and Investment Act 2021: The UK Government Updates the Consequences of the Appointment of Liquidators and Receivers
For background on the Act and the National Security and Investment (NSI) regime, please see our November 2020 Client Alert , August 2021 Client Alert , and April 2022 Client Alert. On 19 July 2022, the UK government’s Department for Business, Energy & Industrial
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July 28, 2022 - UK Updates and Analysis
Substance over Form: How the Rule in Gibbs lives on
Is the rule in Gibbs justifiable in the context of modern international insolvency laws or is England clinging to an outdated rule simply to keep restructurings here? The rule stems from an 1890 Court of Appeal Case, which holds that only English courts can
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Welcome To Mofo Restructuring Round-Up

London BRIG Update

The Administrator – An Officer of the Company?

By: Oliver Spratt

European Uptier Transactions: Six Things to Look Out For

Liquidity Crises and Fiduciary Duties of Directors of Early-Stage Companies

By: Seth J. Kleinman, Jennifer L. Marines, Lorenzo Marinuzzi, James Michael Peck, Benjamin Butterfield, Theresa A. Foudy, Gary S. Lee and James A. Newton

High Court Rules that ISDA Bankruptcy-Related Events of Default Can Be Cured in Lehman Case

London BRIG Update

An Overview of Sovereign Debt Restructuring

By: Andrew Kissner and James A. Newton

Crypto Exchange Bankruptcies: Are Prepetition Crypto Withdrawals and DeFi Loan Repayments Avoidable Preferences?

By: Theresa A. Foudy, Andrew Kissner and Miranda K. Russell

The National Security and Investment Act 2021: The UK Government Updates the Consequences of the Appointment of Liquidators and Receivers

Substance over Form: How the Rule in Gibbs lives on