Complex Chapter 11 practice is, at its core, an exercise in consensus building. Mediation has historically been and remains a valuable tool in helping parties involved in Chapter 11 cases (large and small) reach consensus. Two recent examples underscore the value of mediation as a consensus...
On February 1, 2022, amended local rules for the U.S. Bankruptcy Court for the District of Delaware went into effect. Among other things, the Bankruptcy Court’s revised local rules clarify the scope of mediation confidentiality protections. The amended local rules are likely to be seen as welcome...
Frequently, parties locked in a dispute in a bankruptcy case are able to reconcile their differences through a mediation process, as permitted by the local rules and often with encouragement of the court. While Bankruptcy Courts welcome mediation between consenting parties, a court’s discretion is...
Many complex litigation and bankruptcy issues are best suited for discussion outside of the purview of the bankruptcy judge, and the parties would be well served to test the strengths (and weaknesses) of their positions in a mediation setting. Financial advisors play a key role in preparing their...
The liberalization of the energy market in Germany has made it easy for electricity/gas providers to position themselves in the market with an internet portal. More than two decades since liberalization of the market, there are now around 1,000 electricity/gas providers. In addition to an internet...
At the time of writing, approximately 30 UK-based energy supply companies have ceased trading since the start of 2021 alone, affecting millions of customers and altering the landscape of the UK’s retail consumer energy market. With the threat of continued increases to wholesale energy prices...
Early-stage companies and those with new and/or innovative solutions have a difficult time raising the capital necessary to ensure success, largely due to perceived imbalance of risk and reward. That difficulty is even more exaggerated when an early-stage company seeks to employ new and/or...
One of the most common yet challenging tasks that turnaround professionals must perform are multiparty negotiations. These negotiations are particularly difficult when counterparties perceive likely outcomes to be generally negative or not beneficial to their own interest. When that is the case,...
The Texas two-step is an iconic dance. Many readers may have memories of learning the dance steps in elementary school gym classes as training for future jaunts to legendary Texas venues like Gruene Hall or Billy Bob’s. These days, a Texas two-step of sorts is the talk of the restructuring world,...
From 2009 to 2019 the oil industry destroyed over $300 billion of investors’ capital, and that was before the 2020 crash. 1 During this era of relatively cheap oil, the industry was run like a failed startup: companies prioritized increased market share over profitability. Investors tolerated what...
