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Photo of Frederick (Rick) HymanPhoto of David Stepp

After a pause in 2022, there has been much talk of the continuation, or resumption, of a wave of retail bankruptcy cases as we begin 2023.  2022 was highlighted by Revlon’s filing (discussed here: Revlon May Signal Another Wave of Retail Bankruptcies | Retail & Consumer Products Law Observer (retailconsumerproductslaw.com)).  Revlon pointed to a number of issues that led to its filing, including most prominently, supply chain issues. Severe impediments in the supply chain – whether the inability to source product or the costs and delays in received goods — have been cited by many debtors since Revlon since as a leading cause of their distress.  And it may get much worse before it gets better, particularly for companies that source, directly or indirectly, from China.Continue Reading Continued Pain in the Retail Sector:  Coming Enforcement of Forced Labor Laws

Photo of Frederick (Rick) Hyman

In a matter of first impression relating to an important bankruptcy claims administration issue, Judge Sean H. Lane of the United States Bankruptcy Court for the Southern District of New York, recently denied the ability of a court appointed claims agent to sell and profit from providing direct access to publicly available claims register information. …

Photo of Frederick (Rick) HymanPhoto of Richard J. Lee

The first week of July has brought with it a flurry of activity in the digital asset markets – but not the type of activity that investors in the space likely hoped for.

On June 27th, Three Arrows Capital, Ltd. (“3AC”) commenced a liquidation proceeding in the British Virgin Islands, followed on July…

Photo of Cathryn WilliamsPhoto of Paul Muscutt

By Cathryn Williams, Paul Muscutt, Andrew Knight and Beth Bradley

Following our recent post (https://www.restructuringmatters.com/?p=2017&preview=true) on the new Corporate Insolvency and Governance Act 2020 (“the Act”), we now take a closer look at the moratorium and the effects on priority between pre-existing and moratorium lenders.

The New Moratorium – an Overview

The moratorium is…

Photo of Cathryn Williams

On 10 April 2019, the government launched an Independent Review into the Quality and Effectiveness of Audit. This comes at a time when the Business Select Committee has called for the Big 4 accountancy firms to be split up and also reports in the news that following the failures of Carillion, Patisserie Valerie, Interserve and others, shareholders are going to give very close scrutiny to the performance of auditors and not merely rubber-stamp their re-appointment at annual general meeting.
Continue Reading Call for Views on the Quality and Effectiveness of Audit