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    General Newsletter, May 2025
    2025-05-08

    1 2 Capital Market 9 Dispute Resolution 14 Fintech 19 Media and Entertainment 24 RERA 27 Sports and Gaming 39 White Collar Crime 03 Competition Law 11 Employment Law 17 International Trade/ WTO 19 MCA 25 Restructuring and Insolvency 34 Technology 40 3 EXTENSION OF TIMELINE FOR FORMULATION OF IMPLEMENTATION STANDARDS PERTAINING TO SEBI CIRCULAR ON “SAFER PARTICIPATION OF RETAIL INVESTORS IN ALGORITHMIC TRADING”1 Securities Exchange Board of India (“SEBI”) issued a circular “Safer participation of retail investors in algorithmic trading” dated February 04, 2025, which aimed at ensuring safer

    Filed under:
    India, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Compliance Management, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Media & Entertainment, Real Estate, White Collar Crime, DSK Legal, Corporate governance, Know your customer, Blockchain, Advertising, Fintech, Due diligence, Non-disclosure agreement, Tariffs, ESG, Litigation funding, Gaming, Cybersecurity, Anti-money laundering, Data privacy, Esports, Reserve Bank of India, Securities and Exchange Board of India, Unilever, Singapore International Arbitration Centre, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), Rights of Persons with Disabilities Act 2016 (India), Supreme Court of India, Court of Arbitration for Sport
    Location:
    India
    Firm:
    DSK Legal
    HFW Disputes Digest 2023
    2024-01-08

    HFW DISPUTES DIGEST 2023

    Welcome to the second annual Disputes Digest, in which we collate our 2023 global HFW LITIGATION and International Arbitration publications in one place.

    This edition includes updates from across our Disputes arena, including England and Wales, BVI, AsiaPac, and the Middle East.

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Compliance Management, Derivatives, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, HFW, Know your customer, Blockchain, Employee Retirement Income Security Act 1974 (USA), Advertising, Climate change, Supply chain, Mediation, Fintech, Due diligence, Carbon neutrality, Cryptocurrency, ESG, Litigation funding, Anti-money laundering, Non-fungible tokens, Metaverse, Anti-bribery and corruption, Greenwashing, US Securities and Exchange Commission, Financial Conduct Authority (UK), Barclays, Consumer Financial Protection Bureau (USA), Google, European Council, Commodity Futures Trading Commission (USA), Competition and Markets Authority (UK), HSBC, Monetary Authority of Singapore, Bank of England, Singapore International Arbitration Centre, FTX, Silicon Valley Bank, Arbitration Act 1996 (UK), Federal Arbitration Act 1926 (USA), Financial Services and Markets Act 2000 (UK), UK Supreme Court
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    HFW
    Breakaway franchisees - REDgroup retail
    2011-07-05

    With REDgroup administrators, Ferrier Hodgson, desperately searching for a buyer for REDgroup's Australian book business, the consequences for franchisees remains uncertain.  Whilst the nine remaining Borders bookstores are set to close, no decision has yet been made on the future of Angus & Robertson (A&R).

    Filed under:
    Australia, Franchising, Insolvency & Restructuring, Hall & Wilcox, Bankruptcy, Legal personality, Retail, Advertising, Code of conduct, Franchise agreement
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Liability of Managing Directors of a GmbH for Incorrect Financial Information and “Civil Fraud” - Austrian Supreme Court Ruling 6 Ob 244/17a
    2018-05-28

    Director’s liability is a recurring issue in both the Austrian and German courts. One reason is that, when a company goes into bankruptcy, its receivers and creditors tend to look for alternative sources of funds, especially when the directors are covered by D&O Insurance.

    Filed under:
    Austria, Company & Commercial, Insolvency & Restructuring, KNOETZL, Bankruptcy, Advertising, Gross negligence, Causality
    Authors:
    Katrin Hanschitz
    Location:
    Austria
    Firm:
    KNOETZL
    Business restructures: How important is the first statutory consultation notice to employees?
    2018-11-26

    Human resources practitioners are often called upon to advise and lead employee consultation in a business restructure. Sometimes, a legal review of the statutory consultation notice issued under section 189(3) of the Labour Relations Act, 1995 (the LRA) is also undertaken. 

    Filed under:
    South Africa, Employment & Labor, Insolvency & Restructuring, Hogan Lovells, Advertising, Constitutional court
    Authors:
    Imraan Mahomed
    Location:
    South Africa
    Firm:
    Hogan Lovells
    The sale of assets by a receiver: a cautionary tale
    2011-03-30

    The case of Canrock Ventures LLC v. Ambercore Software Inc. et al is a cautionary tale for a Receiver and its counsel alike. In this case, the Ontario Superior Court of Justice rejected a Receiver’s application for the approval of an asset purchase agreement because of a failure to take the requisite steps when conducting a sale process and, in the Court’s view, failing to remain a neutral officer of the Court.

    Filed under:
    Canada, Ontario, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Advertising, Interest, Limited liability company, Debt, Foreclosure, Secured creditor, Subsidiary, Debenture, Ontario Superior Court of Justice
    Authors:
    Ian Aversa
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Quebecor World
    2009-07-23

    On July 21, 2009, Quebecor World Inc. and its affiliated debtors announced that they emerged from creditor protection under the CCAA and Chapter 11 of the U.S. Bankruptcy Code. Quebecor announced that it had completed its Canadian and U.S. reorganization plans, closed a US $800 million exit financing facility and had drawn down approximately US $540 million with which it repaid its debtor in possession (DIP) facility.

    Filed under:
    Canada, Insolvency & Restructuring, Cassels Brock & Blackwell LLP, Share (finance), Retail, Debtor, Advertising, Marketing, Debtor in possession, Warrant (finance), Toronto Stock Exchange, Title 11 of the US Code
    Authors:
    Alex Tarantino
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    The evolving fiction of EBITDA in the European leveraged finance loans market
    2018-11-22

    EBITDA first rose to prominence in the US leveraged buy-out craze of the 1980s and has since formed the key metric of leveraged finance transactions across the world. In this article, we focus on its evolution in the European loans market, and explore how financial covenant and certain other protections in loan documentation have been eroded in recent years as a result of those changes.

    This article first appeared in the November edition of Butterworths Journal of International Banking and Financial Law. 

    Filed under:
    Global, Corporate Finance/M&A, Insolvency & Restructuring, Securitization & Structured Finance, Hogan Lovells, Private equity, Advertising, Leveraged buyout, Leverage (finance)
    Authors:
    Susan Whitehead , Francis Booth
    Location:
    Global
    Firm:
    Hogan Lovells
    Guarantee liability: deed purporting to assign bank interests to KWL
    2009-10-18

    KWL Advertising Limited (in liquidation) ("KWL") -v- Kountouris & Kountouris, Guernsey UnreportedJudgment, 18 October 2006

    Filed under:
    Guernsey, Banking, Insolvency & Restructuring, Litigation, Bedell Cristin, Surety, Debtor, Advertising, Interest, Debt, Deed, Liability (financial accounting), Liquidation, Liquidator (law), Capital punishment, Barclays, High Court of Australia
    Location:
    Guernsey
    Firm:
    Bedell Cristin
    Bar date imposed for Lehman Brothers' Hong Kong entities
    2010-09-07

    The insolvency proceedings of the Lehman Brothers' group of companies worldwide ("Group") are among the most complicated ones we have seen. A significant factor contributing to the complexity is that many Group entities hold segregated assets (principally securities and funds) for their clients, which may be individuals or entities within or outside the Group.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Mayer Brown, Share (finance), Security (finance), Advertising, Beneficiary, Liquidation, Lehman Brothers, KPMG, Trustee
    Authors:
    Richard M. Tollan , Edmund M. S. Ma
    Location:
    Hong Kong
    Firm:
    Mayer Brown

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