North America: Insolvency/Bankruptcy/Re-Structuring

The U.S. alcohol industry, long regarded as recession-resistant and reliably profitable, is confronting an unprecedented convergence of headwinds. Tariffs, declining demand, rising interest rates, and novel competitive threats are pressuring businesses across the three-tier system.

The Cayman and Hong Kong courts have delivered parallel rulings in Re Ourgame International Holdings Limited that fundamentally reshape how liquidators must approach applications for powers and cross-border recognition. These decisions establish that courts will scrutinize each requested power individually, requiring specific justification and evidence rather than granting blanket authority. What does this mean for practitioners seeking to make Cayman liquidations effective across multiple jurisdictions?

A New Jersey District Court decision demonstrates how carefully drafted sale orders and proper notice procedures in bankruptcy asset sales can effectively shield buyers from legacy product liability claims. The case examines the critical interplay between asset purchase agreements, court-approved sale orders, and constitutional notice requirements in determining whether pre-closing liabilities follow purchased assets or remain with the seller.