Media Mentions

2011

“Law360 Securities Editorial Advisory Board”
Law360
, February 2, 2011

Richard (Rick) Mitchell has been named to the board of leading securities law professionals who will provide editorial guidance to Law360 during 2011.  Mr. Mitchell is based in the London office, heads the U.S. Securities Group, and collaborates closely with McDermott’s English, German and Italian Corporate, Finance and Restructuring Groups on European capital markets, restructuring and M&A matters.

Richard Mitchell, Securities, US Securities - London


2010

Rick Mitchell was quoted by BBC World Service (26 February 2010) at the end of a radio spot concerning bankruptcy.

Richard Mitchell, Corporate, London, Restructuring & Insolvency, US Securities - London


Richard Mitchell was interviewed by the BBC’s “Business Day” (February 26) regarding the growing practice of global companies filing for bankruptcy or insolvency in the countries where it is most advantageous to do so (for example, to take advantage of “pre-packaged administration” in the UK).  The practice illustrates that insolvency laws have not kept up with the global nature of business.  “As finance has globalized it has effectively outrun the legal boundaries with which it grew up,” Mr. Mitchell stated.  “We now have global companies with complex global financial arrangements that are confronted by quite different legal requirements in different countries, which makes the process very complicated and difficult to deal with.”

Richard Mitchell, Banking and Finance - London, Finance & Banking, London, Restructuring & Insolvency


2009

Rick Mitchell discussed in an April 2009 International Financial Law Review article the negotiation of exchange offers by companies that need short-term cash and debt restructuring.  "An exchange offer cuts through all jurisdictional conflicts because it is not a compulsory proceeding like an insolvency – it's entirely consensual," he explained.  "It's super-charged cash, because you're not only reducing your debt, you're changing the terms of that debt."  He added that exchange offers are likely to become more common.  "We'll start to see people who are clever, and courageous in some cases, buying in at 15 cents on the dollar and selling to the company at 30."

Richard Mitchell, Banking and Finance - London, Corporate, Corporate - London, Finance & Banking, London, Restructuring & Insolvency


2007

Rick Mitchell was quoted in an August edition of Global Turnaround regarding the lessons to be learned from the Schefenacker restructuring.  "The Schefenacker deal represents the success of consensus and common sense," he said.

Richard Mitchell, Restructuring & Insolvency


Uwe Goetker, Norbert Schulte, Rick Mitchell, Dirk Pohl and Volker Teigelkotter were mentioned in the July 11 issue of Börsenzeitung  regarding the representation of Dr. Alfred Schefenacker, owner of the Schefenacker Group, in connection with the Group's comprehensive financial and operational restructuring.

Uwe Goetker, Richard Mitchell, Dirk Pohl, Norbert Schulte, Volker Teigelkötter, Corporate, Employee Benefits, Germany, London, Tax


Rick Mitchell was quoted in a July 2 article published by Bloomberg regarding the completion of a 500 million-euro debt restructuring for Schefenacker Plc.  Mr. Mitchell discussed how Schefenacker’s move from Germany to England assisted in the Chapter 15 filing.  "The restructuring would have been a little bit awkward without the Chapter 15 filing.  The high–yield bonds are governed under U.S. law," he said.

Richard Mitchell, Restructuring & Insolvency


2006

Rick Mitchell was quoted in a November 13 article published by Financial Times regarding the appeal of private equity firms listing in the U.S.  Financial Times reports that if funds are listed in the U.S., they could take advantage of the far bigger investor base and the culture of venture capital investing.  Mr. Mitchell commented, "Given that private equity funds are essentially large piles of money with a few people on top, without a large administrative staff in place, it makes send for them to list where the disclosure requirements are less onerous.  But once a deal gets big enough, a couple of extra million dollars in compliance costs doesn’t bite that hard."

Richard Mitchell, Corporate, Corporate - London, Finance & Banking, London


2005

Rick Mitchell was quoted extensively in the March 10 issue of the Financial Times in an in-depth corporate governance feature entitled, "Long arm of the U.S. regulator."  The article discusses how some overseas companies feel trapped as the U.S. Securities and Exchange Commission flexes its muscles far from home.

Richard Mitchell, Corporate, Corporate - London, London


2003

Rick Mitchell was quoted in the February 3 issue of The Deal regarding those European companies who want their shares traded in the U.S. will have to make several changes in 2003 despite the softening of some of the rules for foreigners.

Richard Mitchell, Corporate, London, Securities


2002

Richard Mitchell was quoted in the September issue of Corporate Finance on an article addressing how non-U.S. corporates will be lobbying the SEC, the NYSE and politicians in an effort to be excluded from some of the more onerous provisions of the Sarbanes-Oxley Act.

Richard Mitchell, Corporate Responsibility and Governance, London


Rick Mitchell was quoted in the August 20 issue of the Daily Deal in an article addressing whether the SEC will exempt foreign companies from any of the new "corporate governance" rules under the Sarbanes-Oxley Act.  The article highlights Porsche AG, which recently put its plans for a secondary listing in the U.S. on hold, at least in part as a result of the new rules.  Mr. Mitchell stated his view that "It may be that companies like Porsche decide not to list, and that is a bad thing. The SEC has worked hard to attract non-U.S. companies to the U.S. market, and that’s good for the companies and good for U.S. investors as well."

Richard Mitchell, Corporate Responsibility and Governance, London


Rick Mitchell was quoted in the August 15 issue of the Daily Deal in an article addressing the August 14 deadline for top executives to personally swear to the accuracy of their financial results.  Mr. Mitchell commented on Europe's response to these certifications, "Europeans are hot and bothered by the actions of Congress and the SEC."  He also mentioned that foreign businesses see this as "Washington legislating for Europe," and expressed his thoughts that the decision to include foreign companies in this bill may not have been wise as some of the provisions conflict with the way foreign companies conduct their business.

Richard Mitchell, Corporate Responsibility and Governance, London

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