Restructuring in the Twilight Zone: Directors Duties in Australia
Australian governance imposes three sources of duties on directors—the Corporations Act, other statutory and common law, and equitable duties based. Anglo-Australasian jurisprudence and statutes have developed a series of good faith, skill, and diligence duties that directors must satisfy in making...
Energy Instability, Market Volatility, and Associated Risk for Investors

From the 2023 TMA Distressed Investing Conference

The next 1-3 years are going to be bumpy, with energy prices and high capital costs squeezing companies and causing a lot of problems. In this exciting session, you’ll hear from panelists who have experience in varying aspects of energy...

Mega Trends 6.0: Back by Popular Demand

From the 2023 TMA Distressed Investing Conference

Join an esteemed group of panelists on our signature Mega Trends panel as they discuss economic factors and geopolitical trends that will impact what sectors and assets are likely to become distressed in the coming year. Topics will...

The Unprecedented Financial Crisis of the Evergrande Group

From the 2022 TMA Annual

All eyes are on the largest property developer in China, the Evergrande Group, as offshore creditors holding bonds and notes are looking at billions of dollars in losses if they do not act to protect their interests in various jurisdictions. The preliminary...

European Outlook: Considerations  for Lenders
As Europe prepared to emerge from the COVID-19 pandemic and navigate the resultant uncertain economic environment, Russia invaded Ukraine in February 2022, plunging the continent into disarray once again. The unprecedented pandemic followed on the heels of Brexit, which itself will have lasting...
Is the Market for Distressed Lending  in Canada  About to Change?
The distressed market arguably always has a relatively small share of global capital markets. (Canada’s last recession, for instance, was in 2008-2009.) But in this recent environment characterized by strong M&A activity and easy access to debt and equity capital over the past five years or so...
Jones Act Exemption Could Aid  Puerto Rico’s Economic Recovery
U.S. District Court Judge Laura Swain on January 18, 2022, approved a landmark plan to restructure Puerto Rico’s debt, allowing the U.S. territory to exit bankruptcy after five years. Judge Swain’s pen stroke approving the island’s plan of adjustment (POA) was a historic moment in Puerto Rico’s...
Puerto Rico Plans for Power Grid Transformation During PREPA Restructuring
The ongoing restructuring of the Puerto Rico Electric Power Authority (PREPA) is one of the largest ever in the electrical power generation industry within the jurisdiction of the United States. The goal is to transform the utility from a bankrupt, mismanaged public corporation into a privately...
Early Dealmaking Benefits Creditors, Debtors in Puerto Rico’s Restructuring
The bankruptcy of the Commonwealth of Puerto Rico and its instrumentalities is unprecedented in legal complexity and scale, with more than $120 billion of municipal liabilities subject to restructuring. To organize and facilitate this task, on June 30, 2016, President Barack Obama signed into law...
Important Court Rulings Arise from Puerto Rico’s Economic Crisis
On January 18, 2022, the U.S. District Court for the District of Puerto Rico entered an order under the Puerto Rico Oversight, Management, and Economic Stability Act, 48 U.S.C. §2101 et seq. (PROMESA), confirming a plan of adjustment for the Commonwealth of Puerto Rico and certain of its...