Chris Mallon#2860

Chris Mallon

Chris Mallon leads Skadden's corporate restructuring practice in Europe. His restructuring and insolvency credentials span cross-border reorganisations involving a number of jurisdictions including England, the United States, Ireland, India, Russia, the Cayman Islands, Bermuda, Poland, Germany, Holland, Italy and Luxembourg. His clients have included Enron, Global Crossing, WorldCom, Loral, Telewest, Parmalat, Eurotunnel, Gate Gourmet, Carlyle and Calyon.

Recent highlights include acting for Tele Columbus Group in restructuring its debt by means of a debt transfer and debt-for-equity swap implemented via several schemes of arrangement; Calyon in relation to ongoing negotiations with FGIC regarding settlement of transactions relating to the Rhineland Conduit; Carlyle in relation to Carlyle Capital Corporation Limited’s restructuring and renegotiation of its credit lines; and Residential Capital LLC in connection with its financial restructuring. He advised British Vita in relation to the restructuring of complex debt facilities for its operating companies, as well as various clients regarding their distressed investments arising in relation to the U.S. Chapter 11 filing of Lehman Brothers. He also has been advising other lenders with structured investment vehicles on issues arising out of the recent credit crisis in the subprime and related structured investment markets.
Contributed to

9

Benefits of a scheme of arrangement compared to other processes
Benefits of a scheme of arrangement compared to other processes
Practice notes

This Practice Note, produced in partnership with Jonathan Akinluyi of Latham & Watkins LLP and Riccardo Alonzi of Skadden Arps Slate Meagher & Flom (UK) LLP, provides a table comparing how a scheme of arrangement compares to company voluntary arrangement (or CVA) and administration as alternatives.

Brexit—worst case scenarios for R&I lawyers [Archived]
Brexit—worst case scenarios for R&I lawyers [Archived]
Practice notes

This Practice Note is now archived. It was produced in partnership with Hamish Anderson of Norton Rose Fulbright LLP and Chris Mallon, retired partner at Skadden, Arps, Slate, Meagher & Flom (UK) LLP, considers the worst case scenarios for restructuring and insolvency lawyers, particularly what would happen if certain key EU Regulations (including the Recast Regulation on Insolvency, Regulation (EU) 848/2015) fell away following Brexit.

Cross-border recognition of schemes
Cross-border recognition of schemes
Practice notes

This Practice Note, produced in partnership with Jonathan Akinluyi of Latham & Watkins LLP and Riccardo Alonzi of Skadden Arps Slate Meagher & Flom (UK) LLP, looks at how schemes of arrangement (or Part 26 schemes or s 895 schemes) are treated in foreign jurisdictions and discusses the various different ways that a scheme may be recognised under the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law on Insolvency). It discusses whether various regulations or conventions apply, including (for proceedings commenced before IP completion day) the EU Recast Regulation on Insolvency 2015/848 , EU Brussels I or EU Brussels I (recast), the Rome Convention and the Rome I Regulation. It looks at the need to obtain expert evidence from foreign lawyers that the scheme is likely to be recognised in their jurisdiction, the use of parallel actions to support schemes, or the requirement for undertakings from creditors. It also considers using COMI shifts to benefit from the EU Recast Regulation on Insolvency or the Model Law on Insolvency.

Effect of schemes of arrangement and release of security
Effect of schemes of arrangement and release of security
Practice notes

This Practice Note, produced in partnership with Jonathan Akinluyi of Latham & Watkins LLP and Riccardo Alonzi of Skadden Arps Slate Meagher & Flom (UK) LLP, looks at what happens when a court has sanctioned a scheme of arrangement (also known as Part 26 scheme or s 895 scheme), including how security is treated within a scheme and whether third parties can be released by a scheme.

Establishing jurisdiction and sufficient connection for schemes of arrangement
Establishing jurisdiction and sufficient connection for schemes of arrangement
Practice notes

This Practice Note, produced in partnership with Jonathan Akinluyi of Latham & Watkins LLP and Riccardo Alonzi of Skadden Arps Slate Meagher & Flom (UK) LLP, looks at establishing jurisdiction and sufficient connection for a scheme of arrangement under section 985 of the Companies Act 2006 (Part 26 schemes) and the interaction between English law and EU law. It looks at how foreign (ie non-English) companies can benefit from an English scheme and case law, specifically amending the governing law and jurisdiction to establish jurisdiction.

Role, powers, functions and duties of nominee or supervisor of a scheme of arrangement
Role, powers, functions and duties of nominee or supervisor of a scheme of arrangement
Practice notes

This Practice Note, produced in partnership with Skadden Arps Slate Meagher & Flom (UK) LLP, details the role of the nominee/supervisor of a scheme of arrangement (also known as a Part 26 scheme or s 895 scheme), what powers they have in carrying out their role, and what functions they must exercise in execution of their role. It also looks at whether a supervisor is personally bound by the scheme of arrangement.

Schemes of arrangement and restructuring plans—class issues
Schemes of arrangement and restructuring plans—class issues
Practice notes

This Practice Note, produced in partnership with Jonathan Akinluyi of Latham & Watkins LLP and Riccardo Alonzi of Skadden Arps Slate Meagher & Flom (UK) LLP, looks at class issues in scheme of arrangements (Part 26 schemes or s 895 schemes) and restructuring plans (Part 26A schemes or plans) including class composition, the relevant comparators to a scheme (eg liquidation), the distinction between rights and interests, minority oppression, whether the use of consent payments, incentive fees or lock up agreements creates a separate class and manipulation of the classes.

Schemes of arrangement—voting and cram-down
Schemes of arrangement—voting and cram-down
Practice notes

This Practice Note, produced in partnership with Jonathan Akinluyi of Latham & Watkins LLP and Riccardo Alonzi of Skadden Arps Slate Meagher & Flom (UK) LLP, discusses voting within a scheme of arrangement (or Part 26 scheme or s 895 scheme) and how dissenting creditors may be crammed down if the scheme is approved by the appropriate majorities (a majority in number representing 75 per cent in value of the creditors or class of creditors voting in person or by proxy at each of the scheme meetings). It looks in detail at the numerosity requirement and compares the cram down provisions of the scheme with cram down under US chapter 11.

Valuation issues in schemes of arrangement
Valuation issues in schemes of arrangement
Practice notes

This Practice Note, produced in partnership with Jonathan Akinluyi of Latham & Watkins LLP and Riccardo Alonzi of Skadden Arps Slate Meagher & Flom (UK) LLP, looks at how a business might be valued for a scheme of arrangement (also known as Part 26 schemes or s 895 schemes), examining the various different methods of valuation such as liquidation (or break-up value), going concern basis as well as income basis, market comparison, leveraged buy-out (LBO) comparison and Monte Carlo valuations.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 1982

Qualification

  • LLB (Western Australia), B. Juris (Western Australia), BA (Western Australia)

Education

  • University of Western Australia

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