Cross-Border Bond Enforcement Litigation

March 08, 2017

Cross-border bond enforcement litigation is a complex and rapidly evolving area of the law. Please join co-leader of the complex commerical litigation group Gary Mennitt and complex commerical litigation partners Dennis Hranitzky and Debra O’Gorman for a program covering key issues and recent developments affecting bondholders and issuers under U.S. and English law, which are the dominant governing law choices. This interplay between U.S. and English law and procedure is important in cross border insolvency situations that touch both jurisdictions.

Among other things, we discuss Honorable Mr. Justice Snowden’s landmark decision on the limits of English schemes of arrangement in the matter of Indah Kiat International Finance Company, B.V., and the recent decisions interpreting the scope of the prohibition against impairment of creditors’ rights under the U.S. Trust Indenture Act, including in Marblegate Asset Management, LLC v. Education Management Corp. This discussion will identify the implications for future cross border insolvency matters of these recent rulings.

Additional topics to be covered include:

  • The interplay between U.S. and English law governing debt securities
  • The limits of permissible restructuring under U.S. and English law
  • Recent decisions interpreting the scope of the “ no action clause” in U.S. law indentures
  • Drafting jurisdiction clauses and arbitration agreements in bond documents
  • Bond trustee directions and indemnification
  • Trustee resignation and replacement
  • Fraudulent conveyance, receivership, and bankruptcy
  • Bond issuer counterclaims against activist holders

View a five minute clip.

View the entire “Cross-Border Bond Enforcement Litigation” program.