Global Price Fears Mount

Inflation fears—fueled by spiraling food, oil and raw material prices—are mounting around the globe, prompting the head of the European Central Bank to signal that it could raise interest rates in the future even though some countries have been weakened by the Continent's debt crisis. In an interview with The Wall Street Journal ahead of this week's annual meeting of the World Economic Forum in Davos, Switzerland, Jean-Claude Trichet warned that inflation pressures in the euro zone must be watched closely, and urged central bankers everywhere to ensure that higher energy and food pri
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Pension Pitfalls: Court Verdict Raises Alert For Directors Over Liabilities Risk

In the course of the company's restructuring proceedings, Nortel Network Corp.'s board decided that it would continue to make contributions to the company's pension plans. "Typically, a company facing insolvency doesn't do that," says David Vincent of Ogilvy Renault LLP's Toronto office. "But throughout, the directors were operating with a case called Slater Steel in the back of their minds." As well they might.
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Will The Bond-Market Vigilantes Cause Even Bigger Upsets In 2011?

James Carville, an advisor to Bill Clinton, famously once said he would like to be reincarnated as the bond market, because then "you can intimidate everybody", The Economist reported in a reader poll. In 2010 two of the euro zone's smaller economies, Greece and then Ireland, were so intimidated by the punishing interest rates that the bond-market vigilantes imposed on them that they had to turn to their richer neighbours for bail-outs.
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Fourth Circuit Protects Patent Licensees from Termination of Licenses in a Foreign Bankruptcy

The U.S. Court of Appeals for the Fourth Circuit in Jaffé v. Samsung Electronics Co. (In re: Qimonda AG), No. 12-1802, 2013 WL 6388591 (4th Cir. Dec. 3, 2013) (the “Opinion”) held that a German debtor could not use a chapter 15 proceeding to enforce the termination of the debtor’s licenses of U.S. patents under German insolvency law without providing the protections afforded to licensees under section 365(n) of the Bankruptcy Code.
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The Canwest Story

While credit bidding has an established history in Canada, there is little case law on the topic. The Companies’ Creditors Arrangement Act (CCAA) proceedings of the Canwest Publishing Group (Canwest) provide the best and most recent example of the considerations in a credit bid, including the establishment of a fair process for the stakeholders, no matter how unique. In this case, all three motivations for credit bidding were at play.
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Winding Up Solvent Funds Loss of Substratum

An issue arising with increasing frequency in connection with Cayman Islands domiciled investment funds is the circumstances in which an investor in a solvent fund can bring an informal wind down initiated by management of the fund to an end and have the board replaced by a liquidator appointed by the Grand Court of the Cayman Islands (“the Court”).
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