Contentious Insolvency
The group’s global insolvency litigators focus on complex, cross-border collapses of institutions, funds and corporations. They draw on expertise from Linklaters’ global specialists in complementary practice areas, including structured finance, derivatives, and capital markets.
Creditors, debtors, companies facing financial crisis, financial institutions asserting or facing potential claims and insolvency practitioners such as appointed liquidators trust Linklaters to handle the most complex and high profile restructurings and corporate collapses. A co-ordinated global response to cases allows the firm to deal with any issue as it arises.
Linklaters’ insolvency litigators investigate, pursue and defend claims for and against insolvent companies and directors. The team also advises on enforcement of, and challenges to, security, as well as contingency planning, strategy and risk management. A successful track record in fraud and asset tracing accompanies the team’s cross-border insolvency advice in areas such as the EC Insolvency Regulation and UNCITRAL Model Law.
Recent insolvency litigation cases includes advising:
- PwC as the joint administrators of Lehman Brothers International (Europe) and all other Lehman entities in administration
- a global investment bank in connection with breach of fiduciary duty and negligence claims in litigation brought by Chapter 7 Trustee of Oakwood Homes Corp
- GDH Limited in relation to a dispute over the US$5.8bn debt restructuring of Guangdong Enterprises
- a consortium of international banks on restructuring and litigation strategy under a number of multi-million dollar loans to a leading Russian industrial group
- Bank of America NA and other nine financial institutions in the Parmalat Participações do Brasil Ltda. restructuring deal
- PwC, as administrator of MG Rover, in the liquidation of MG Rover's activity in Portugal, in the context of its insolvency adjudication
- Boris Becker in court proceedings in relation to a payment of €1.5m which the insolvency administrator of Sportgate AG filed against him
- Banco Espírito Santo de Investimento, S.A. in an out-of-court restructuring of a large Brazilian infrastructure company
