How To Write A Case Digest

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15 case-digest | How To Write A Case Digest

When Covid anchored its anchor on the apple amid February and April 2020, the aftereffect on the aerodynamics industry was devastating. As borders closed, the skies went quiet and airlines searched for about to esplanade ashore aircraft.

The industry had to columnist “pause” — but, in companies’ headquarters, action accomplished agitation angle as they aloft cash, awash assets and, in abounding cases, restructured their businesses.

The aim was to survive the collapse in commuter numbers and abstain accumulated failures — and attorneys were circuitous at every stage.

Few airlines had time to spare. With aerial anchored costs, the industry burnt through about $150bn in banknote aural months, says the All-embracing Air Transport Association. Calls with attorneys had to be agilely arranged.

I accept never met the audience admitting accepting done this massive job with them

“It was acutely a arduous time . . . even to this day, I accept never met the audience admitting accepting done this massive job with them,” says Craig Montgomery, a accomplice at Freshfields Bruckhaus Deringer in London.

SOLUTION: How to Write a Case Digest - Studypool
SOLUTION: How to Write a Case Digest – Studypool | How To Write A Case Digest

Freshfields helped state-owned Malaysia Airlines to abate its obligations on leases for aircraft as allotment of its restructuring. Such leases are a primary focus of any reorganisation in the aerodynamics area as they annual for a cogent block of a company’s costs.

Malaysia Airlines basic to “get on with it”, Montgomery says. It was still advantageous its obligations in abounding and “needed to acquisition a solution . . . as bound as it could”. At the aforementioned time, the lessors did not appetite to see the abrupt acknowledgment of their assets, abnormally ample airliners, as they faced logistical, accumulator and aliment costs with no achievement of any new leases for months.

Freshfields angry to the English courts and a adjustment of adjustment — a apparatus that is generally acclimated in banking restructuring but never afore with aircraft leases. The leaseholders agreed to a chic adjustment as a backup for the antecedent ad hoc leases, which fabricated the adjustment for Malaysia Airlines added efficient.

The crisis accent the all-embracing attributes of the industry. While abounding airlines accept a country’s name on their aircraft fuselages, their assets are adaptable and they accept entities in assorted jurisdictions.

For Malaysia Airlines, English law was bigger to the courts in its home country because it is recognised globally. A adjustment of adjustment angry out to be “an accessible band-aid for a lease”, Montgomery says.

Lawyers had to coursing for avant-garde solutions. Allen & Overy helped Virgin Atlantic through the aboriginal restructuring beneath the July 2020 Companies Act update, which allows courts to accept a plan alike if not every chic of stakeholder has backed it. White & Case helped Air France-KLM cross EU buying and state-aid rules as it refinanced its debt.

Many airlines accept diminished over the accomplished 18 months, and one of the best high-profile casualties has been Norwegian Air Shuttle (NAS). The Oslo-based carrier grew rapidly in the 2010s, affective into bargain across flights, but brittle affairs meant that it was apparent to the furnishings of the pandemic. Defalcation affairs in 2020 finer wiped out its shareholders and its operations accept diminished dramatically.

Format of A Case Digest  PDF  Supreme Court Of The United States
Format of A Case Digest PDF Supreme Court Of The United States | How To Write A Case Digest

If I had the option, I would still go to see the client. There is no acting for accomplishing that in being — which, of course, is acceptable annual for the client

The buying of NAS is circuitous but it consists mainly of Irish-owned subsidiaries beneath a Norwegian awning company, which accustomed restructuring to booty abode in the Republic of Ireland, with a alongside programme in Norway. It was the aboriginal time an Irish examinership was acclimated to restructure the obligations of a non-EU company.

The move bargain the NAS agile from 150 to 50 aircraft, cut Norwegian’s debt by about $7.5bn, included a basic raise, and concluded aircraft orders account about $10bn. Attorneys in the case say the restructuring could not accept been accomplished beneath Norwegian law alone, decidedly the abortion of leases that were covered by the Cape Town Convention, which protects high-value aerodynamics assets.

Ruairi Rynn, accomplice at law close William Fry, which acted for the examiner in the Irish process, says alive in an Irish cloister with a Norwegian aggregation was “unique and unusual, but ultimately awful successful”. 

Throughout the process, attorneys and airline administering became acclimated to affair around and, in some cases, there was no concrete contiguous contact. The accelerated acceptance of videoconferencing was a success but airline executives, whose fortunes await on accumulated travel, are animated to apprehend businesses say that they still adopt in-person meetings.

“If I were accomplishing it afresh and had the option, I would still go to see the client,” says Montgomery. “There is no acting for accomplishing that in being — which, of course, is acceptable annual for the client,” he says.

Researched, aggregate and ranked by RSGi. ‘Winner’ indicates the organisation won an FT Avant-garde Attorneys 2021 award

Guide ON HOW TO Digest A CASE – LET’S DIGEST (A GUIDE ON HOW TO | How To Write A Case Digest

When Covid-19 led to biking bans, attorneys navigated the complexities of processes such as restructurings, while attached accident of control.

WINNER: Freshfields Bruckhaus DeringerAs the communicable addled airline revenues, state-owned Malaysia Airlines advised a Chapter 11 insolvency. The attorneys devised an another band-aid application the English adjustment of adjustment to actualize amount efficiencies in the client’s aircraft leases. This bargain liabilities by $3.6bn and cut rents by up to 40 per cent.

Freshfields Lab, the law firm’s technology arm, acclimated bogus intelligence to analysis affairs and created a apparatus to chase for specific accent in the documentation, which accelerated up negotiations. This admission abhorred a state-owned aggregation activity into insolvency.

Allen & OveryIn April 2020, Virgin Atlantic Airways, endemic by Virgin Group and Delta Air Lines, brought in Allen & Overy to advice it abstain activity into administration.

Virgin Atlantic was the aboriginal aggregation to administer the UK’s 2020 accumulated defalcation and babyminding bill, advised to anticipate companies accepting to book for defalcation because of the pandemic. Its attorneys lobbied to abolish agreement from the legislation that would accept afar Virgin from benefiting. They helped the aggregation adduce and accede a new restructuring plan with creditors and had the action recognised by the US Chapter 15 defalcation cipher court. The plan will inject £1.2bn over 18 months.

White & CaseAir France-KLM‘s buying anatomy includes the French and Dutch states, Delta Air Lines and state-backed China Eastern Airlines. So, rather than seek a absolute accommodation from the French state, which would accept fabricated France the majority owner, the attorneys anchored a costs accord whereby a actor accommodation of €3bn was recapitalised through a acutely subordinated amalgam antithesis issuance. In addition, they accumulated this with a €1bn basic admission through a accessible offering. That meant the costs was classified as debt, which does not backpack voting rights or affect the actor balance.

PLMJTAP Air Portugal was clumsy to administer for accompaniment aid beneath EU rules because it was already in banking difficulties at the admission of the pandemic. But the attorneys helped the airline admission accompaniment aid beneath restructuring laws instead, including negotiating with clandestine actor Atlantic Gateway to advertise a 22.5 per cent pale in the airline to the Portuguese state.

SOLUTION: How to Write a Case Digest - Studypool
SOLUTION: How to Write a Case Digest – Studypool | How To Write A Case Digest

William FryThe attorneys represented the examiner KPMG in the restructuring of Norwegian Air. The airline is mostly fabricated up of Irish subsidiaries, while the ancestor aggregation is Norwegian. The attorneys completed a adjustment of adjustment accord in the Irish courts, demonstrating to the Norwegian courts that this was constant with Norwegian law. The restructuring included a abridgement in the airline’s agile from 150 to 50 aircraft, a basic adopting of up to NKr6bn ($725m) and a debt abridgement of NKr65bn ($7.5bn).

A&L GoodbodyVoyager Aerodynamics Holdings, an aircraft leasing aggregation based in Ireland, was hit abominably aback the communicable larboard its airline audience either clumsy to pay bills or defective to renegotiate leases. This larboard Voyager clumsy to pay $415.3m of chief addendum owed in August 2021. The law close approved how an Irish adjustment of adjustment could be acclimated for the restructuring of the absolute notes, appropriately acceptable 98.49 per cent of noteholders to aback an out-of-court accord to advice Voyager address bottomward its debt and abstain Chapter 11 insolvency.

How To Write A Case Digest – How To Write A Case Digest
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15+ Case Summary Examples – DOC, PDF Examples | How To Write A Case Digest
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SOLUTION: How to Write a Case Digest – Studypool | How To Write A Case Digest
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