Commercial Law

Our accomplished Commercial Law practice covers:

  • Financial Services
  • Investment Funds
  • Insolvency and Restructuring
  • Insurance and Reinsurance
  • Inward Investment
  • Infrastructure and Property Development

We specialise in complex commercial litigation and are regularly instructed in such matters before the Financial Services Division of the Grand Court and in subsequent appellate proceedings. Our team has particular expertise in high value litigation arising from disputes involving investment funds, with our leading advocate having appeared in the foremost case on the right of an investment fund to suspend redemptions.

Our insolvency and restructuring practice encompasses all aspects of liquidation - from individual bankruptcy to corporate insolvency - and where restructuring is a viable option, we can draw upon the knowledge and know-how of having acted for the second largest stakeholder in a Scheme of Arrangement following the liquidation of 22 Cayman Islands hedge funds and the identification of a total estate valued at approximately US$735 million.

We also have a proven track record when insurance and reinsurance become contentious.  In this regard, our broad experience ranges from advising leading regulated insurance managers in disputes involving captive insurance and reinsurance structures, to shepherding local insurance companies and property managers through their policy related rights and obligations following professional indemnity and natural disaster claims.

Through our non-contentious commercial practice, we promote the Cayman Islands as a venue for inward investment.  Working hand-in-glove with our clients and in partnership with the Government, substantial developments have been realised and major infrastructure projects advanced with the assistance of our counsel and strategic advice.

Public Law

Our signature Public Law practice comprises all aspects of this subject, with a particular focus on:

  • Constitutional Law and Human Rights
  • Administrative Law and Judicial Review
  • Planning, Development and Environmental Law
  • Public Procurement and Tendering
  • Public Service Personnel Management and Disciplinary Procedures
  • Freedom of Information

We have unparalleled expertise in the law and practice of the Cayman Islands Constitution.  Having actively participated in the modernisation process that gave rise to a new Constitution, we have subsequently appeared in proceedings where key aspects of these new arrangements have been considered and interpreted.

We are leaders in local human rights law and we provide advice on all matters involving the implementation, interpretation and breach of the Bill of Rights, Freedoms and Responsibilities.

Our team is fully conversant with the various administrative tribunals established in the Cayman Islands and especially those appellate bodies that are central to the local administration of planning, immigration and labour.  Similarly, we are well attuned to the increasing utility of judicial review as an effective remedy in these and other sectors, including public procurement and financial services.

We also specialise in non-contentious public law work, where our familiarity with policy development and legislative drafting informs our advice to government entities and interested stakeholders alike on the transformation of policy into law and its successful application thereafter.

Regulatory Law

Our diverse Regulatory Law practice encompasses

  • Financial Services
  • Aviation
  • Telecommunications
  • Energy and Utilities

Our regulatory work across the financial services industry takes in banking, trusts, corporate services, securities and investment businesses, insurance, investment funds and pensions.  As Regulatory Counsel to leading stakeholders in the financial services industry, we provide strategic advice and guidance on regulatory issues consequent on an increasingly complex legislative framework.

We also specifically advise on the regulatory and AML implications for investment funds, SIBL regulated and exempted entities, and SPVs and liaise frequently with the regulator and relevant industry associations on these areas.  We work with highly experienced, registered governance professionals and can arrange for their appointment to your entity and can also assist with the creation of a physical presence in the Cayman Islands.

While financial services generate a large component of our regulatory work, we provide advice to other sectors of the Cayman Islands economy, including aviation, telecommunications, energy and other utilities, where our regulatory expertise and thought leadership are in increasing demand.

We have established working relationships with regulators across the jurisdiction, built up over time, which assist us in presenting our clients with practical legal and operational solutions to their various regulatory challenges.  With a strong background in the prosecution and defence of regulatory and serious criminal cases, we are also able to provide our clients with a unique perspective that informs our advice on regulatory investigations and, where necessary, enforcement actions.

Corporate Finance

The corporate finance practice is wide-ranging in nature and we have considerable experience of working both on general financing transactions, such as bank re-financings, as well as bespoke, structured financings such as collateralised loan transactions, asset acquisitions and aircraft finance and leasing transactions. In addition, we provide a number of fund services ranging from the simple establishment of funds, through registration with the Cayman Islands Monetary Authority to funds financing transactions.

Our experienced Corporate Finance practice covers:

  • Bank lending and general finance matters
  • Capital Markets
  • Funds
  • Funds Financing
  • Aircraft Financing
  • Ship & Aircraft Registration
  • Listings
  • Trusts
  • General corporate matters and registered office services

 

We have a full service corporate finance capability and significant expertise in a wide range of corporate and finance matters.  From incorporation to liquidation, we have a broad experience of advising on all aspects of corporate matters.   

Our practice covers all forms of Cayman Islands entities whether the client is an ordinary company, an exempted company, a segregated portfolio company, an exempted limited partnership or a limited liability company.

The corporate finance practice is wide-ranging in nature and we have considerable experience of working both on general financing transactions, such as bank re-financings, as well as bespoke, structured financings such as collateralised loan transactions, asset acquisitions and aircraft finance and leasing transactions. In addition, we provide a number of fund services ranging from the simple establishment of funds, through registration with the Cayman Islands Monetary Authority to funds financing transactions.  

Private Client

Our skilled and responsive private client practice specializes in: 

  • Wills, estate planning and investment, asset protection, tax/financial planning, succession planning, and international estate and probate administration
  • All aspects of trust law, including the establishment, restructuring and winding up of private, charitable and commercial trusts and foundations

We work closely with high net worth and ultra-high individuals and families to develop bespoke solutions for wealth management and have particular experience in supporting family-owned businesses in their succession planning. Our practical knowledge of the respective benefits of the full range of international trust vehicles, enables us to guide our clients on how best to structure and manage their assets both in the immediate term and for future generations. 

We also have expertise in resolving contentious trust matters and estate disputes, where our clients range from wealthy individuals with assets in multiple jurisdictions to locally resident families with long-standing issues relating to land inheritance.

For clients looking to relocate and invest in the Cayman Islands, our team can guide you through all the local licensing and immigration needs.  Whether you are starting a business in Cayman’s technology orientated Special Economic Zone or simply looking to retire and reap the rewards of your hard work, we can help you to enjoy all the benefits of living and working in the Cayman Islands.

Global Projects

Our dedicated projects team has broad global experience and has worked on complex projects involving communications, energy, financial services, healthcare, infrastructure, life sciences, mining, pharmaceutical, technology, transportation, water and waste sectors.

Through our global projects practice, we assist our clients with:

  • Offshore structuring of international businesses
  • Establishment of capital market project structures, strategic partnerships and joint ventures
  • Negotiation of all capital market deal documentation, including project agreements, lending agreements, construction contracts, architect agreements, service contracts and consortium agreements
  • Preparation and presentation of client projects to investors for project financing
  • Advice on all procurement processes and representation on Request for Proposal (RFP) and Request for Quotation (RFQ) preparation and submission.

Sports, Media and Entertainment

Our innovative sports, media and entertainment practice draws upon our expertise in international commercial law, licensing, marketing and intellectual property law to assist clients with:

  • Agency representation for artists, coaches, models and players globally
  • All derivative endorsements, licensing, marketing and sponsorship contracts
  • Representation in litigation, arbitrations and collective bargaining cases
  • Purchasing sports teams and sports infrastructure
  • Financing the purchase and expansion of sports and entertainment venues
  • Joint ventures between sports entities, media and technology companies
  • Sports sponsorships, including venue partnerships, event contracts, broadcast programming, and venue-naming rights

The world of sports, media and entertainment has become a global business and our international experience, cross-cultural awareness and multi-lingual services, all delivered from Cayman’s tax neutral jurisdiction, uniquely position Etienne Blake as an offshore leader in these growing sectors.

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