Anne Beaumont and Ian Bruckner Author Chapter in First Comprehensive Treatise on Liability Management Exercises
Partner Anne Beaumont and associate Ian Bruckner authored a chapter on creditor mitigation and remedies in LexisNexis’ recently published Liability Management Exercises: Law and Practice, the first comprehensive text on liability management exercises (LMEs) across the United States, United Kingdom, and Canada. The book explores the full lifecycle of an LME transaction and is intended as a practical tool for lawyers, debt investors, restructuring professionals, and financial advisors. Using a central hypothetical borrower for illustration, the book demonstrates how various potential scenarios impact complex restructuring strategies and outcomes for participating and non-participating creditors.
Anne and Ian’s chapter on creditor mitigation and remedies explores rights and remedies available through contractual and statutory means as well as through litigation, noting that often creditors deploy a combination of such tools in seeking to enforce their rights. The chapter emphasizes that an LME occurs in the framework of a distressed borrower, so creditors should consider timing, the continued financial distress of the borrower, and the possibility of near-term bankruptcy filings in formulating their strategies for litigation and enforcement. Available remedies will depend upon the types of claims asserted, but primarily consist of damages, declaratory relief, and injunctive relief.
With a foreword by Sujeet Indap, Wall Street editor of the Financial Times, the guide is edited by Matteo Clarkson-Maciel of Cassels Brock & Blackwell LLP and draws on the perspectives and experience of practitioners from law firms in the United States, United Kingdom, and Canada as well as restructuring-focused data intelligence platforms. Published on October 23, 2026, the book is available for purchase through LexisNexis here.
Friedman Kaplan has represented creditors in multiple high-stakes matters involving disputes over LMEs and other restructuring transactions, including an innovative lawsuit challenging the 2024 Del Monte restructuring transaction through a Delaware Chancery Court proceeding rather than a traditional breach of contract suit and the high-profile Serta LME litigation.