BURGES SALMON LLP Restructuring and Insolvency How we can help you Our corporate restructuring and insolvency (CRI) team provides specialist advice in connection with businesses facing a variety of financial challenges. For each matter, we assemble a team of experts from a range of legal disciplines and sectors, tailored to the client’s specific needs. Our contentious and non-contentious practice regularly advises on both domestic and cross border matters that span a wide range of sectors and clients; including companies, lenders, shareholders, opportunistic investors, insolvency practitioners, pension trustees, regulators and public bodies. We are active members of R3, INSOL, INSOL Europe, the IBA, TMA, IWIRC, NARA and EIDG. Our expertise includes: • Contingency planning, options analysis, supply chain review, enforcement analysis and contractual and transactional structuring advice • Cross-border and domestic financial restructuring • Distressed investing and M&A (including debt sales) • Corporate governance and directors’ duties • Pension schemes in stressed and distressed companies • Schemes of Arrangement, Restructuring Plans, CVAs, Moratoriums, Administrations, Liquidations and Receiverships • Insolvency litigation and asset tracing. Case studies Civil Aviation Authority Acting for the regulator, on a large number of matters involving reporting on proposed changes to the debt and equity structures of ATOL license holders and ensuring that the CAA's objectives, including the protection of customers, are appropriately addressed. This includes recommending, negotiating and implementing: new security, guarantees, subordination or other contractual protections in favour of the CAA. Department for Education Acting for the DfE on a due diligence review on the proposed merger of three further education colleges. One of the colleges was financially distressed and the merger was the solution to avoid an Education Administration. Foreign Ministry of Defence Acting for a foreign Ministry of Defence on the insolvency of one of its critical UK suppliers. This includes negotiating with the prospective administrators of the UK supplier under compressed timescales to ensure continuity and quality of supply. Care Quality Commission Acting for the Care Quality Commission to prepare a legal independent business review in relation to a registered care provider which had breached certain financial covenants under its senior facilities agreement. Back to contents Back to contents 28
BURGES SALMON LLP Retained EU Law and EU Law How we can help you Our Retained EU Law and EU Law team undertakes the full range of advisory, non-contentious and contentious competition, State aid/subsidy control, procurement and economic regulation work, before the UK, EU and international authorities and courts. We provide pragmatic, commercially-focused and solutionoriented strategic advice on complex and often high- profile matters. The team have experience of working for and against the EU, including its competition and regulatory authorities. We advise on a wide range of disputes before the UK and EU courts and tribunals. We advise on the Retained EU Law and EU Law implications of activities undertaken by our public sector clients helping them to minimise risk whilst achieving their objectives. Our Retained EU Law and EU Law expertise includes: • Advising clients on the application of EU Treaties and law (including the TCA) to commercial agreements, joint ventures, strategic alliances, business strategies and conduct • Defending clients subject to cartel, abuse of dominance and other competition investigations • Advising and defending clients operating in regulated sectors in relation to EU competition and economic regulatory matters, including compliance with licence conditions and price reviews • Assisting clients in obtaining clearance for mergers and joint ventures across the EU and in the UK • Litigation and disputes: representing clients involved in disputes, including before the UK and EU courts, including appeals against regulators’ decisions, judicial review proceedings, follow-on damages actions and commercial disputes • Advising on compliance with EU State aid rules and the TCA for the purposes subsidy control • Advising on other aspects of Retained EU Law including in relation to public procurement, environmental, transport and other regulation • Complaints to, and proceedings by, the European Commission. Case studies Multinational rail services provider Providing representation on the application of EU Treaties, regulatory systems and international/cross-border EU agreements regarding the use of the Channel Tunnel as well as the application of EU Directives. We have also been involved in advising the client on engagement with the European Commission regarding potential Commission investigations. Transport for Wales Advising in relation to the merger control and procurement aspects of the Wales and Borders rail franchise. The project required the transfer or facilitation of powers to Welsh Ministers and TfW’s solution had to utilise the benefits of a vertically-integrated rail system while ensuring compliance with EU Directives and UK competition law. Advent International Advising in relation to its proposed acquisition of Cobham plc for £4bn. This transaction was notified to the European Commission. The Secretary of State issued a European Intervention Notice. We are advising in relation to the public interest aspects of the transaction. UK Research and Innovation Advising on the implementation of HMG’s Brexit research guarantee and the establishment of UK grant funding agreements to replace the EU Horizon 2020 scheme. Back to contents Back to contents 29
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