International News: Restructuring - McDermott Will & Emery




The Evolution of Cross-Border Restructuring Processes

Mark Fine | Bradley Thomas Giordano | Aymen Mahmoud | Felicia Gerber Perlman | Emily C. Keil | Giulia Venanzoni

The evolution of cross-border restructurings has progressed faster than many expected, as corporate transactions have become increasingly reliant upon international synergies, particularly as they face unprecedented macroeconomic issues. Read More…

The Rise of The Venture Debt Market

Michael Rostov

The history of success of venture capital (VC) in the United States and Europe continues to attract investors looking beyond the Coronavirus (COVID-19) pandemic, which has upended lives and shifted daily routines on a global scale. A Stanford research study from June 2020 indicated that 42 per cent of the US labour force was working from home full time, with another 33 per cent not working at all owing to lockdown measures. A World Economic Forum report noted that the pandemic has resulted in over 1.2 billion children worldwide being shut out of classrooms.

These changes, as well as a myriad of others that are fundamentally reshaping the world as we know it, are creating a demand for inventive solutions. Even with a vaccine and the departure of the virus from the world stage, many of the shifts from the past few months will remain in place in a post-COVID-19 world. Read More…

French and US Bankruptcy Sales Compared

Timothée Gagnepain | Théophile Jomier | Daniel Thomson

The mechanics for selling a debtor’s business or assets under Section 363 of the US Bankruptcy Code (363) are generally left to the debtor’s business judgment, even though some standard procedures are often employed. For example, an auction process with a stalking horse bidder is common, but not expressly required by the Code.

In contrast, French law provides a precise template for the sale of a business and assets in bankruptcy. Even though it contains some features similar to 363 sales, a French bankruptcy sale has several particularities that reflect the main goal of French bankruptcy law: safeguarding the business in order to protect jobs. Read More…

Out-of-Court Restructuring Alternatives in the European Union, Germany and the United States

Darren Azman | Dr. Uwe Goetker

The Coronavirus (COVID-19) pandemic has had a huge impact on the global economy and most businesses. Thousands of companies currently have urgent restructuring needs and every jurisdiction has responded differently. The following is a brief overview of some of the key tools available in the European Union, Germany, and the United States. Read More…

Launching Advanced Talent Acquisition Tools to Tackle Global Employer Recruiting Challenges in the Wake of COVID-19

| Alan Cutter, CEO, AC Lion

The impact of the Coronavirus (COVID-19) pandemic on the global workforce cannot be overstated. As it made its way west, employers in different regions of the world felt the undulating effects of quarantines, closures, and social distancing to different degrees and at different times. This was particularly true in the United States, with its dizzying overlay of federal and state regulations, and executive orders, all further complicating the task of balancing health concerns with re-opening businesses and managing the national workforce.

The pandemic initially created mass redundancies, as many employers, especially those in hard-hit industries like travel, accommodation, and entertainment, were forced to part with talented employees they would normally retain. This sudden pressure to downsize created a glut of available talent composed of the most qualified pool of workers in recent memory. Faced with an uncertain future, these candidates were highly motivated to secure new employment right away. Read More…

Global Mobility in a COVID-19 World – Key Employment and Tax Considerations

Sandra P. McGill | Carole A. Spink

Coronavirus (COVID-19) is reshaping many aspects of life. Among the more apparent changes are those related to the employment relationship, particularly the expansion of remote work. “Shelter in place” orders early in the pandemic made remote working a necessity for numerous employers. In the months following, employers have learned that some employees travelled to international locations to shelter in place away from their normal work location, or remained in foreign countries even after travel restrictions were lifted, and now intend to stay there.

International remote work raises challenging employment and tax issues for employers. Usually such arrangements are planned in advance, after the careful consideration of legal and tax risks. It is important for employers to fully understand these risks, particularly if employees are requesting an extension of remote work as the pandemic continues. Read More…

The Future of Chinese Investment in Post-Pandemic Europe

Tensions between China and the United States continue to escalate. Chinese and US leaders have, at least temporarily, damaged the Sino-US relationship and, in the process, Chinese investors are finding it increasingly difficult to put their money in US markets.

Challenges facing Chinese investors in the United States are widespread. In addition to the review by the Committee on Foreign Investment in the United States, the Trump administration has claimed that certain Chinese companies that appear benign and consumer driven actually present a national security risk. The US Government has also threatened to ban Tiktok, which specialises in video sharing, or, as an alternative, sell its US business to a US company. Read More…

LIBOR: Snapshot of Latest Developments

Aymen Mahmoud

The deadline for the transition away from the London Inter-Bank Offered Rate (LIBOR) has been extended by the UK Financial Conduct Authority to 30 March 2021. There are still some challenges to overcome. Read More…