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Restructuring

Our German restructuring team has experts in banking, capital markets and corporate law as well as employment and tax law. It advises banks and corporate entities on cross-border reorganisations, restructurings and insolvency proceedings.

We are developing innovative solutions and products to provide the best advice to lenders and borrowers in crisis or near insolvency within an international and increasingly complex market. As part of the worldwide restructuring group we work with colleagues in the world's financial centres as an international team, setting new standards in cross-border work-outs and restructurings.

Restructuring involves many stakeholders and solutions often need to be implemented quickly. We know how to deal with these challenges and run the transaction as adviser to a steering committee on the lenders’ side or in pushing for a solution on the borrower’s side.

Our team belongs to the leading practices for Restructuring & Insolvency in Germany.

News & insights

Publications: 10 JANUARY 2020

Podcast: The Dutch scheme - How it will work and what it will mean for the European Restructuring market

The Dutch scheme (also known as WHOA), which is set to come into effect later this year, will offer an alternative restructuring tool to the English scheme of arrangement and U.S. Chapter 11 proceedings.  Amsterdam-based restructuring partner Sigrid Jansen and Brechje van der Velden, senior partner in Allen & Overy's Amsterdam office, join London-based restructuring partner Jennifer Marshall to discuss the main features of the Dutch scheme and how it compares to the English scheme of arrangement.  

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Publications: 17 DECEMBER 2019

Legal advice privilege upheld for dissolved companies

The Court of Appeal has confirmed that documents protected by legal advice privilege remain so protected even upon the dissolution of the company to whom the privilege belongs. Once attached, legal advice privilege exists unless overridden by statute or waived. In addition, the court found that legal professionals have a duty to assert privilege over their former client’s documents and are entitled to resist disclosure of such documents, even if not instructed to do so: Lee Victor Addlesee v Dentons Europe LLP [2019] EWHC Civ 1600

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Publications: 12 DECEMBER 2019

What is the direction of travel of European pre-insolvency reforms?

Associates Musonda Mutati and Harini Viswanathan have authored an article for Butterworths Journal of International Banking and Financial Law, highlighting the differences between the European and proposed UK reforms.

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Publications: 19 FEBRUARY 2019

How should Europe’s non-bank lending market be regulated?

​Non-bank lending in the European Union is becoming an ever more significant source of financing for business. In light of its increasing importance to Europe’s economy, policymakers are re-evaluating their approach to this market and considering whether the existing regulatory framework remains appropriate.

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Recognition

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Overview of our expertise in restructuring and insolvency

Allen & Overy’s Restructuring team consists of experts in banking and corporate law as well as employment, tax and international capital markets law, and advises banks and corporate entities on cross‑border reorganisations, restructurings and insolvency proceedings involving any practice group required for the relevant restructuring.

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Adapting to change: Restructuring and insolvency in 2018

“Intelligence is the ability to adapt to change.” So said Stephen Hawking in one of his best-known quotations. If this is right, restructuring professionals will need to be particularly clever, nimble and inventive in the forthcoming year.