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Restructuring and insolvency

It's a strange time to be making an assessment of the state of the UK restructuring and insolvency market. Certainly looking back over the last 12 months one would conclude that the boom period, if one could call it that, that occurred after the 2008 financial crisis had slowed considerably with practitioners reporting a slow market particularly on the domestic front.

However there is an increasing sense that we could be experiencing the classic 'calm before the storm'. The European debt crisis continues apace drawing more EU states towards the cliff edge with every passing day, while in the US the country has witnessed the first debt downgrade for over 100 years with rating agency Standard & Poors ripping away its treasured AAA rating.

Even without mentioning the Japanese nuclear disaster or more pertinently the expected 'wall of debt' refinancing which draws ever closer and you could confidently predict that there is plenty of worry and struggle ahead and in its wake a rise in work for R&I departments.

Of all these issues it is the EU debt crisis which is closest to home and may well be the first source of new work, as one partner says: "If any of those [States] were to fall over and were to put extra pressure on the Euro, it would be cross your fingers time."

All of this however is in the increasingly uncertain future. Looking back and the market, in the UK at least, has been relatively quiet. The Bank of England's continued low interest rates and an unwillingness by creditors and the banks to face up to the issues on their balance sheets has left the market somewhat in limbo. "Because interest rates are so low, most corporates are OK." says one partner, "It's a market that's generating some restructuring but because of the liquidity in the secondary bank market there's not a huge amount."

The key point raised by practitioners though was that this relative slowdown in mandates was not a sign of true economic recovery but simply a case of delaying and ignoring the issues, hoping that all the ships would rise with the tide. "Banks are unwilling to take a hold of their balance sheets," explains one partner. "The theme of 2010-11 has been extend and pretend, it's quite a brave move to take on a restructuring."

The same signs are seen in terms of insolvency: "Those who are waiting on formal insolvencies, people are waiting for an interest rate hike," says one partner. "I think it's going to come, I think it's going to come at the end of the year. Then there's the more discreet work going on behind the scenes."

There's only so long that you can ignore big problems on balance sheets though and even without considering external factors, many entities will have to restructure or refinance assets sooner or later. Although the oft-used description of these looming issues as a 'wall' of debt was much ridiculed by partners, with many offering their own metaphor – "I wouldn't call it a wall, it's more a wave really, it'll come in waves," says one - there was a common surprise that clients had not yet tackled some of these issues. "The wall of debt is used often to say things will get busier," says one partner, "but I think generally a lot of corporates are still in denial. It can't last much longer."

Where business has been brisk has been in CMBS restructuring. "The CMBS market is enormous," says one partner, "it's a market that is desperately in need of restructuring because there is so many different opportunities and CMBS is a very conflicted and difficult area."

Pockets of activity have also been reported elsewhere: "The automotive sector will continue to throw up work, there will be an increase in retail, there'll be pressure on things like nursing homes, healthcare is under pressure," says one lawyer. "The real trend that we have seen is real estate restructuring," says another. Firms have also seen increasing work outside of the domestic arena: "There hasn't been a lot of domestic UK work but further afield there's been an awful lot going on," suggests one partner.

Firms are also optimistic about the increased interest in parts of the UK R&I toolkit from other jurisdictions: "There's a lot of people looking at using UK schemes of arrangement in other jurisdictions like Germany," says one partner and another agrees, "It's a natural development, at times like these clients are looking at all their options and all the structures and procedures to see which one fits them best."

Allen & Overy

"The firms that are bank focused are always going to get a lot in from their large bank clients," says one peer and nowhere is this more true than at Allen & Overy who have simply been involved in nearly all of the largest bank related restructurings to have taken place since the financial crisis.There was no better example of this than the huge and convoluted proceedings surrounding the restructuring of Dubai World.... [more]

Leading lawyers
Ian Field
Earl Griffith
Mark Sterling
Gordon Stewart

Clifford Chance

Clifford Chance stands beside Allen & Overy as the prime bank side counsel in major restructurings across Europe and the Middle East. Led by Mark Hyde, few would argue against the team's continuing ranking in the top tier.... [more]

Leading lawyers
Adrian Cohen
Nicholas Frome
Philip Hertz
Mark Hyde
David Steinberg

Freshfields Bruckhaus Deringer

Freshfields is often accused of being not fully committed to its finance practice. At a firm with such a strong corporate heritage this is perhaps not surprising but the practice has in recent years made steps to enhance its bank side offering.... [more]

Leading lawyers
Ken Baird
Nick Segal
Richard Tett

Linklaters

"Linklaters do get a pretty good run now they have managed to free a couple of people from Lehman," says one peer highlighting what many in the market highlighted as both a blessing and a curse for the firm in recent years. The seemingly unstoppable surge of Lehman related matters has no doubt kept the team busy, but the firm has had to guard against neglect of the other members of its client base and the perception in the wider market that it has become a one-client operation.... [more]

Leading lawyers
Tony Bugg
Richard Bussell
David Ereira
Richard Holden
Chris Howard
Rebecca Jarvis

Bingham McCutchen

Bingham McCutchen holds a unique place within the market, which is relatively unrivalled among its peers. The team acts almost exclusively for bondholders and peers hold the niche practice in high regard.... [more]

Leading lawyers
James Roome
Barry Russell

Latham & Watkins

Two of the key figures at Latham & Watkins are John Houghton and Holly Neavill who provide both UK and US advice on restructuring and insolvency matters. A client who worked with both Christopher Hall and Neavill says: "The reason for choosing Latham was because of Christopher Hall.... [more]

Leading lawyers
John Houghton

Slaughter and May

Led by George Seligman the team at Slaughter and May, as in other practice areas, is comprised of partners who are not solely focused on restructuring and insolvency work, but rather work on mandates across a number of areas. While in many mandates this can be a useful feature as partners can draw on a wider experience, peers do point out that in certain cases more dedicated teams have the edge due to their greater focus.... [more]

Leading lawyers
Sarah Paterson
George Seligman

White & Case

White & Case's R&I team is focused on debt restructuring often emanating from emerging jurisdictions in the CEE (Central and Eastern Europe) and the Middle East.Clearly the key deal for the firm last year was advising Greek telecommunications company Wind Hellas on its €1.... [more]

Weil Gotshal & Manges

Weil made a significant step forward this year in the R&I space with the hire of former Jones Day partner Adam Plainer. Having only joined the firm in March 2011, the market will wait to see what impact the new appointee will make, but his track record is certainly a positive one and Weil will be hoping it can take the London practice to the next level.... [more]

Kirkland & Ellis

The Kirkland team is led by Kon Asimacopoulos and Partha Kar and the firm is largely focused on corporate side mandates.One of the largest deals worked on by the team involved both lead partners acting for the European Directories Group on its €2.... [more]

Hogan Lovells

Stephen Foster leads the seven partner team at Hogan Lovells who last year had a role on one of the year's largest deals, advising the Bank of New York Mellon as a note trustee of two senior issuances by Wind Hellas, the Greek telecommunications group. This was part of the group's larger restructuring which involved €1.... [more]

Leading lawyers
Joe Bannister
Stephen Foster
Robin Spencer

Sidley Austin

Department head Patrick Corr took on some of Sidley's major restructuring mandates last year including advise to the Regus Group on the restructuring of its UK operations. Corr also acted for the joint administrators of Titan Outdoor Advertising as part of the restructuring of the Titan Outdoor Group.... [more]

Leading lawyers
Patrick Corr

Skadden Arps Slate Meagher & Flom

The Skadden restructuring team led by Christopher Mallon was slightly reduced last year following the retirement of partner Lynn Heistand.The team secured a role on one of the year's largest deals acting for parent company Weather Investments on the restructuring of portfolio company Wind Hellas Telecommunication.... [more]

Leading lawyers
Chris Mallon

Ashurst

Ashurst's restructuring team led by Giles Boothman splits its time evenly between LBO restructurings and bondholder representation.In the former, the team acted on the high profile Wind Hellas restructuring, advising Zolfo Cooper as administrators of the group as it restructured its £1.... [more]

Leading lawyers
Dan Hamilton

Herbert Smith

Kevin Pullen leads the restructuring and insolvency team at Herbert Smith, which secured a role on one of the largest insolvencies of the last 12 months when it acted for Ernst & Young as the administrators for Nortel Network’s EMEA entities. With 30,000 people employed internationally, the company, which had substantial operations in the US and Canada, was one of the largest insolvencies of the last few years and included up to $3 billion of M&A divestments.... [more]

Simmons & Simmons

One of Simmons & Simmons’ largest mandates last year came from Macquarie bank who called in Alan Gar, Richard Hughes & Alyson Lockett to act on the restructuring of the European Directories Group. With debt obligations of €2 billion euros, the deal was one of the largest of the last 12 months.... [more]

See also

United Kingdom
Western Europe

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