Mark A. Russell

Partner

Mark A. Russell is the Head of Insolvency & Restructuring at KSG, practising in the areas of insolvency, restructuring, fraud and commercial litigation. Mark brings a unique mix of transactional and litigation experience to both contentious and advisory mandates.

Mark has acted on most of the biggest insolvency and litigation matters in the Cayman Islands over the last 5 years, including XiO Group, Abraaj, Saad Group, Platinum Partners and Caledonian Bank. He also recently appeared as counsel for a US court-appointed receiver, successfully obtaining the first published decision recognizing a foreign receiver’s appointment over a Cayman Islands company.

He regularly advises and acts for liquidators, creditors, shareholders and other stakeholders in cross-border and local insolvency, restructuring and litigation matters. He has appeared before the Grand Court of the Cayman Islands and the Cayman Islands Court of Appeal. A team player, Mark works closely with onshore advisers and has provided expert evidence on Cayman law to the United States Bankruptcy Court.

Mark also has broad and varied industry experience with special expertise in banking, financial services, energy, oil and gas, mining, fisheries, marine, transportation and telecommunications.

Mark has presented and spoken at various conferences and seminars on insolvency law, fraud, personal property security law and the international law of the sea.

In 2014 Mark completed a Master of Laws (with Distinction) with a specialization in international business law through the University of London (University College London and Queen Mary). He previously attended the University of Western Ontario (LLB, 2008) and Memorial University of Newfoundland (BBA, 2005).

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Highlights:

 

  • Ahmad Hamad Algosaibi and Brothers Company v Saad Investment Company Limited & Ors (Grand Court, May 2018) – advised and acted for the joint official liquidators of six defendant companies in liquidation, on the dismissal by the Grand Court of a US$5B fraud claim brought against various Cayman companies in liquidation following the longest trial in Cayman history.
  • Platinum Partners Value Arbitrage feeder funds – advised and acted for the joint official liquidators of two Cayman feeder funds in a hedge fund structure that collapsed when the SEC and the US Attorney filed civil complaints and criminal charges against the fund manager and principals for allegedly fraudulent activity.
  • Caledonian Bank – advised and acted for several stakeholders interested in the liquidation proceedings of Caledonian Bank and related entities.
  • Mikan Inc v Hillier, 2015 NLTD(G) 92 – represented Canadian bankruptcy trustee in successfully asserting priority to money paid into Court pre-bankruptcy by the debtor over the claims of a judgment creditor.
  • Bloom Lake and Wabush Mines – advised the debtor companies in the liquidating Companies’ Creditors Arrangement Act proceedings of a Canadian mining and railway business.