Experience

DBS Bank

Successfully defended DBS Bank’s Hong Kong branch in a 15-day Hong Kong High Court trial, in an action brought by the liquidators of a former trade finance customer, which collapsed when it was discovered to have falsified shipping documents and sales on a significant scale. The liquidators alleged DBS to have been a party to the fraud (fraudulent trading) and dishonestly assisted in it. We subsequently defeated the liquidators' appeal in the Court of Appeal. This matter showcases our ability to deal with disputes with a contentious insolvency angle, especially involving novel, fast-developing areas of law

UBS AG and UBS Europe SE

Defending UBS AG and UBS Europe SE in proceedings commenced by the liquidators of China Metal Recycling (Holdings) Limited (China Metal) in the Hong Kong High Court in respect of liabilities arising out of its sponsorship work for the IPO of China Metal. This demonstrates our market leading expertise in defending high value claims (in the HK$billions) brought by liquidators against financial institutions, especially those involving fraudulent trading and dishonest assistance claims, and our ability to handle document intensive proceedings, the latest e-discovery procedures and harness technology to assist with document review

Directors of Carillion plc

Defending certain of the former non-executive directors of Carillion plc in relation to all aspects of the insolvency of the Carillion group, including advising in relation to appearances before UK Parliamentary Select Committees and successfully defending them in director disqualification proceedings brought by the UK Secretary of State for Business and Trade 

China Shanshui Cement Group Limited

We advised China Shanshui Cement Group Limited in relation to numerous ongoing litigation proceedings concerning the company’s restructuring plans in excess of US$1 billion in notes and convertible bonds 

China Everbright affiliated fund

We acted for a fund affiliated with China Everbright Securities International Structured Finance Limited in relation to dispute and winding up proceedings at the Hong Kong High Court arising from the fund's subscription of convertible bonds in the outstanding amount of US$31 million. The issuer attempted to delay the winding-up process by referring to an underlying arbitration agreement but we successfully persuaded the Court to make a winding-up order as the issuer had no genuine intention to arbitrate 

Chinese creditor-appointed receivers and manager

We advised the receivers and managers appointed by a Chinese financial institution following default of HK$617 million convertible bonds on the duties of the receivers and managers, defending intragroup claims and statutory demands, defending competing creditor's application to appoint provisional liquidators, and formulating overall enforcement strategy

Key contacts

Kenneth H. Eckstein photo

Kenneth H. Eckstein

Partner, Head of Bankruptcy and Restructuring, US, New York

Amy Caton photo

Amy Caton

Managing Partner, Finance and Restructuring, US and Head of Bankruptcy and Restructuring, US, New York

Rachael Ringer photo

Rachael Ringer

Partner, Head of Distressed Investing, US , New York

Adam C. Rogoff photo

Adam C. Rogoff

Partner, Head of Turnaround and Board Advisory, US, New York