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    Yellow Is Seeing Red: Bankruptcy Court Invokes Loper Bright in Upholding PBGC Regulations
    2024-09-16

    On September 13, the U.S. Bankruptcy Court for the District of Delaware issued a highly anticipated decision in the In re: Yellow Corporation, et al. bankruptcy that addressed objections to 11 multiemployer pension funds’ withdrawal liability claims totaling $6.5 billion, where those plans received billions in taxpayer-funded Special Financial Assistance (SFA) provided under the American Rescue Plan Act (ARPA) that was not included in plan assets for purposes of the withdrawal liability assessments based upon PBGC regulations.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Thompson Hine LLP, Employee Retirement Income Security Act 1974 (USA), US Congress, American Rescue Plan Act 2021 (USA), Supreme Court of the United States, Financial services pension providers
    Authors:
    Dominic DeMatties , Katherine B. Kohn
    Location:
    USA
    Firm:
    Thompson Hine LLP
    Liquidator exposed to personal liability after half-built boat left exposed to the elements
    2023-05-11

    In Reel Action Sports Fishing Pty Ltd v Marine Engineering Consultants Pty Ltd, [1] the Court offered a timely warning to liquidators of the dangers of adopting and acting on an incorrect understanding of the ownership of contested property. The Court ordered damages against the liquidator personally, despite his position as agent for the company in liquidation.

    Background

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Shipping & Transport, Gadens, Corporations Act 2001 (Australia), American Rescue Plan Act 2021 (USA)
    Authors:
    Scott Couper
    Location:
    Australia
    Firm:
    Gadens
    UK REIT Horizon Scanner Q4 2021
    2021-10-18

    UK REIT Horizon Scanner Q4 2021

    UK REIT Horizon Scanner Q4 2021

    Key Issues

    Key issues coming up for UK Main Market REITs in corporate, financial regulatory, planning, real estate, securities law and regulation and tax1 in England (including retained EU law2).

    Issue/status/timing: New developments since our March 2021 edition are shown in green text. Impact: urgency/impact rating for REITs admitted to London Stock Exchange Main Market (including the Specialist Fund Segment3)

    Filed under:
    European Union, United Kingdom, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, Planning, Public, Tax, White Collar Crime, Taylor Wessing, Corporate governance, Brexit, Libor, Modern slavery, Climate change, Electric vehicle, Supply chain, Money laundering, Mediation, Gender pay gap, ESG, Coronavirus, Commercial tenant, Anti-money laundering, Cladding, SPAC, HM Revenue and Customs (UK), UK House of Commons, Competition and Markets Authority (UK), House of Lords, Bank of England, European Securities and Markets Authority, MiFID, Modern Slavery Act 2015 (UK), American Rescue Plan Act 2021 (USA)
    Location:
    European Union, United Kingdom
    Firm:
    Taylor Wessing
    Will it ever end... latest update on COVID-19 restriction for landlords
    2021-06-16

    Today (16 June 2021) the UK governmentannounced a further extension of some (but not all) of the temporary measures first introduced by the Corporate Governance and Insolvency Act 2020 (CIGA) in June last year.

    The two most significant temporary measures for companies facing financial difficulties as a result of the COVID 19 pandemic were:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Freshfields Bruckhaus Deringer, Corporate governance, Coronavirus, Commercial tenant, American Rescue Plan Act 2021 (USA)
    Authors:
    Katharina Crinson , Roger Schofield
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Will it ever end... latest update on COVID-19 restriction for landlords
    2021-06-16

    Today (16 June 2021) the UK governmentannounced a further extension of some (but not all) of the temporary measures first introduced by the Corporate Governance and Insolvency Act 2020 (CIGA) in June last year.

    The two most significant temporary measures for companies facing financial difficulties as a result of the COVID 19 pandemic were:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Freshfields Bruckhaus Deringer LLP, Corporate governance, Coronavirus, Commercial tenant, American Rescue Plan Act 2021 (USA)
    Authors:
    Katharina Crinson , Roger Schofield
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
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