Gemma Kaplan

Partner, Pinsent Masons

Gemma heads up Pinsent Masons' Restructuring Dispute Resolution practice and is our contentious insolvency specialist with 15 years' experience. She regularly acts for a large number of clients advising insolvency practitioners and lenders on corporate insolvencies and complex bankruptcies. Additionally, Gemma regularly advises invoice discounters/factors and asset-based lenders, carving out a niche in recoveries and restructuring advice in the receivables finance industry. She has experience in fraud investigations and often advises insolvency practitioners regarding claims arising out of directors' breaches of statutory duties.

Most recently Gemma has advised the provisional liquidators of RTI Limited (a Jersey based company) and obtained recognition of their appointment in the English courts.

Gemma is also advising a PE fund on enforcement of a £20m personal guarantee which is subject to New York law but being enforced in England & Wales under a non-exclusive jurisdiction clause.

Gemma is an experienced litigator and is known for her committed and strong approach in pursuing claims. Her advice incorporates the use of investigatory powers, cross-border insolvency and recognition and prevention of asset dissipation. Gemma specialises in investigatory work arising out of fraudulent directors and fraudulent and negligent insolvency practitioners. Gemma also represents directors being pursued by insolvency practitioners and the Insolvency Service and has advised in respect of directors’ disqualification and Insolvency Service investigations.

Contributed to

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Strategic considerations relating to the issue of protective proceedings

Practice Notes

This Practice Note, produced in partnership with Gemma Kaplan of Pinsent Masons LLP, discusses strategic considerations relating to the issue of protective proceedings such as the possibility of entering into a standstill agreement to avoid issuing protective proceedings, pre-action correspondence, funding of the claim, service of the claim form, extending service of the claim form, seeking a stay of the proceedings to comply with pre-action protocols and potential costs implications.

Restructuring & Insolvency