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We are all financial institutions: Definitional sleight of hand in bankruptcy

The U.S. Supreme Court dealt leveraged buyouts and other stock sellers a blow when it held the safe harbor preventing recovery of securities settlement...
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Cram-up, take two: Efficient markets and forced-refinance interest rates

Yet another crucial distinction between New York and Delaware restructuring practice has emerged from the latest stage of the Momentive (MPM Silicones) case. The...
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A game changer for pension relief

For companies with large work forces, the growing burdens of retirement pensions pose even greater existential threats than economic volatility. Reorganization in insolvency proceedings...
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The unravelling of the General Motors restructuring: Claims beyond the limits of bankruptcy

Bankruptcy law offers distressed businesses tremendous power to force a reduction or restructuring of debts both large and small, but it has distinct limits,...

A venture investor’s guide to the advantages and dangers of ABCs versus bankruptcy

One of the unhappy duties of a venture investor is to wind down a portfolio company that has failed. The available options for this...

Make-whole premiums and ‘cram-up’: A glass half full?

Think your fully secured bond is fully secure? Think again. The New York and Delaware bankruptcy courts are once again divided on an issue...

Submerged dangers in the safe harbor for securities settlement payments

For those still wondering if the outcome of a court case can depend entirely on the specific court adjudicating that case, a recent ruling...

Phantom partnerships expose private equity funds to unlimited pension liabilities of insolvent portfolio companies

Private equity investments are often structured through an onion skin of layers of entities, but a recent set of blockbuster U.S. court rulings suggests...

Started from the bottom, now we’re here: Much ado about structured dismissals

The U.S. bankruptcy world has been abuzz since the influential Third Circuit approved a “structured dismissal” in which senior creditors seemingly colluded with junior...

Delaware’s double standard for defending IP rights and devaluing debtors

What is the value of the intellectual property rights of your potential distressed investment target?  If a U.S. bankruptcy is a possibility for this...

A re“generation” roadmap using alternative investments

The wealth disparity gap globally has expanded wider for the lower to upper middle classes more in the last five years then it has in the past decade. This is not just important in the United States or the European Union, it is also important to recognize that capital formation is a global process.   


Cayman Islands Stock Exchange

Read the article in the Cayman Financial Review Magazine The Cayman Islands Stock Exchange (CSX) has steadily risen as a specialist exchange since its launch...

Cayman’s special economic zone, here & now

Establishing an international business in the Cayman Islands has many benefits. Setting it up in Cayman Enterprise City goes even further by removing the few potential drawbacks of red tape, immigration issues and government fees.


What’s next for the special economic zones?

Viewed from a distance, Earth is teeming with trouble. Trust in government is heading toward an abyss, as people worldwide respond with disgust to increasingly visible corruption and favour-giving.


LEAP Zones: Faster growth with less conflict

Starting over a decade ago, I began to share with a few leaders in the United States and Central America my concept of LEAP zones as an accelerated path to development, an outgrowth of my work doing economic reforms.


The SEZ experience

The number of zones worldwide has grown into the thousands over the last few decades. Their features change with the times. Still, after more than a half century of experience with special economic zones, their efficacy is disputed and inherently hard to assess.


Public sector procurement and the Freedom of Information Law

Read our article in the Cayman Financial Review Magazine, eversion Government’s procurement practices have received a lot of attention in the press recently, but one...

Regulatory excellence – Civil Aviation Authority of the Cayman Islands

The aviation industry has played a significant role in our islands’ development and will always be viewed as a major infrastructural component supporting our financial and tourism industries.

Cayman’s prestigious ‘red ensign’: The flag flown ’round the world

One of the oldest organisations in these islands is the Cayman Islands Shipping Registry (CISR), established in the port of George Town in 1903. Through an aggressive programme of expansion, coupled with an international pool of skilled professionals who are backed by a state-of-the-art 24/7 technology platform, the Cayman Registry has grown to become the world’s ...

Cayman Islands constitutional reform: A time for rebirth amidst the perfect financial storm?

Emerging as one of the leaders in the global financial offshore industry was no accident for the Cayman Islands. In fact, such good fortune was crafted from a very strategic union between private sector innovators and public sector movers and shakers at a time when all the Cayman Islands needed was an opportunity to grow.

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