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    Eighth Circuit Reverses Jury Verdict For Aiding And Abetting Ponzi Scheme, Holding That In Pari Delicto Defense Barred Bankruptcy Trustee’s Claims
    2024-09-17

    On September 12, 2024, the United States Court of Appeals for the Eighth Circuit reversed a trial court decision that had rejected a bank’s assertion of the in pari delicto defense to aiding and abetting claims brought by the bankruptcy trustee for a debtor that had allegedly perpetrated a Ponzi scheme. Kelley v. BMO Harris Bank Nat’l Ass’n, 2024 WL 4158179 (8th Cir. Sept. 12, 2024).

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Litigation, A&O Shearman, Bankruptcy, Eighth Circuit, Minnesota Supreme Court, US Court of Appeals, Financial services corporate
    Location:
    USA
    Firm:
    A&O Shearman
    Sanction for scheme of arrangement refused by Hong Kong court: Key takeaways
    2024-09-16

    Notwithstanding that the requisite statutory majority was obtained in the relevant creditors’ scheme meeting, the Hong Kong Companies Court refused to sanction a scheme of arrangement propounded by a company that professed to be insolvent in a recent judgment [2024] HKCFI 2216.

    The A&O Shearman team, together with counsel Michael Lok and Jasmine Cheung, acted for the opposing creditor in these Scheme proceedings.

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, A&O Shearman
    Authors:
    Sheila Ahuja , Heidi Li , Fares Nowak , Chun Ki (Curtis) Fung , Siang Yee Chua , Bonn Lee
    Location:
    Hong Kong
    Firm:
    A&O Shearman
    Liability for "misfeasant trading" - guidance from the latest BHS judgment
    2024-09-05

    Following the judgment of the High Court in June 2024 finding two former directors of BHS liable for (amongst other things) wrongful trading and breaches of their directors' duties to creditors in the prelude to the insolvency of the BHS group[1], Mr.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, A&O Shearman, High Court of Justice (England & Wales)
    Authors:
    Nick Charlwood , Joel Ferguson , Katrina Buckley , Christopher Poel
    Location:
    United Kingdom
    Firm:
    A&O Shearman
    Court of Appeal Overturns Restructuring Plan Sanction and Looks at Cram Down
    2024-02-02

    On 23 January 2024, Snowden LJ handed down the Court of Appeal's judgment in the Adler Restructuring Plan case - AGPS Bondco plc - overturning the sanctioning of the Plan by the High Court in April 2023.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, A&O Shearman, Companies Act 2006 (UK), Corporate Insolvency and Governance Act 2020
    Authors:
    Michael Scargill , Paul Strecker , Maegen Morrison , Simon Burrows , Michael Mountain , Nick Withers , Richard Porter , Karla Dudek
    Location:
    United Kingdom
    Firm:
    A&O Shearman
    HM Treasury Publishes Response to Consultation on Managing Failure of Systemic Digital Settlement Asset Firms
    2023-11-03

    HM Treasury has published a response to its consultation on managing the failure of systemic digital settlement asset firms.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, A&O Shearman, Cryptocurrency, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Insolvency Act 1986 (UK), Financial Services and Markets Act 2000 (UK)
    Authors:
    Barnabas (Barney) Reynolds , Chloe Barrowman
    Location:
    United Kingdom
    Firm:
    A&O Shearman
    UK Jurisdiction Taskforce Publishes Consultation on Digital Assets and Insolvency Law
    2023-10-20

    The U.K. Jurisdiction Taskforce has published a consultation relating to its proposed Legal Statement offering guidance on the application of English insolvency law principles to digital assets. The proposed Legal Statement will cover a range of areas which are listed in an Annex to the paper.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, A&O Shearman
    Authors:
    Barnabas (Barney) Reynolds , Chloe Barrowman
    Location:
    United Kingdom
    Firm:
    A&O Shearman
    Court awards first security for costs order in respect of a challenge to a restructuring plan
    2024-07-16

    Court awards first security for costs order in respect of a challenge to a restructuring plan.

    Key takeaways

    The High Court has for the first time awarded security for costs in respect of a challenge to a proposed English restructuring plan.1

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, A&O Shearman, Companies Act 2006 (UK)
    Authors:
    Joel Ferguson , Nick Charlwood , Susanna Charlwood
    Location:
    United Kingdom
    Firm:
    A&O Shearman
    Insolvency vs Arbitration - Privy Council’s revival of the “Established Approach”
    2024-07-22

    How does an arbitration clause, or an exclusive jurisdiction clause in favour of foreign courts, affect insolvency proceedings?

    The effect of an arbitration clause, or an exclusive jurisdiction clause in favour of foreign courts, on insolvency proceedings has been a topic of longstanding debate in the Courts of Hong Kong, England and other common law jurisdictions.

    Filed under:
    Hong Kong, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, A&O Shearman, Liquidation
    Authors:
    Matt Bower , Fai Hung Cheung , Melody Chan , Edward Taylor , Viola Jing , Karen Chan
    Location:
    Hong Kong, United Kingdom
    Firm:
    A&O Shearman
    US Supreme Court gives standing to insurers in Chapter 11 bankruptcy proceedings
    2024-06-20

    Opinion has potential implications for a broader set of parties with potential liabilities affected by a Chapter 11 process.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, A&O Shearman, Supreme Court of the United States
    Authors:
    Chris Newcomb , Emanuel Grillo
    Location:
    USA
    Firm:
    A&O Shearman
    BHS - Wrongful and misfeasant trading - what directors need to know
    2024-06-24

    In this alert, we consider the implications from the recent High Court judgment finding two former directors of BHS liable for various heads of wrongdoing, including wrongful trading and "misfeasant trading".

    What Directors need to know

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, A&O Shearman, Companies Act 2006 (UK), High Court of Justice (England & Wales)
    Authors:
    Nick Charlwood , Joel Ferguson , Katrina Buckley
    Location:
    United Kingdom
    Firm:
    A&O Shearman

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