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    'Waiving' goodbye to privilege? Not so fast, says the high court
    2022-11-04

    Two years on from PCP Capital Partners LLP and another v. Barclays Bank Plc [2020] EWHC 1393 (Comm), the High Court has declined to extend the scope of what constitutes a waiver of legal professional privilege. The case of Henderson & Jones Limited v.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Legal Practice, Litigation, Mishcon de Reya LLP, Barclays
    Authors:
    Derval Walsh , Laura Hutchings
    Location:
    United Kingdom
    Firm:
    Mishcon de Reya LLP
    "Taking the Keys": Six things to consider for credit investors contemplating share pledge enforcement
    2022-11-08

    Rises in energy costs, disruption to global supply chains, the situation in Ukraine, soaring inflation and higher interest rates are pushing several major European economies towards recession. Borrowers and issuers in the leveraged loan and high yield markets are feeling the impact and the benign refinancing conditions of 2021 are long gone. The natural consequence is rising default rates – S&P's global corporate default count for 2022 surpassed 2021's year-to-date tally during September.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Trade & Customs, White & Case, Foreign direct investment, Supply chain, Due diligence, Competition and Markets Authority (UK)
    Authors:
    Gareth Eagles , Will Stoner , Dorothea James
    Location:
    European Union
    Firm:
    White & Case
    Recouvrement des créances en Turquie : procédures générales, couts et procédures en cas de faillite du débiteur
    2022-10-31

    En raison de la hausse du commerce mondial, la question du recouvrement international des créances ne peut être évitée.

    Filed under:
    Global, Turkey, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Güleryüz Partners, Bankruptcy, Debtor, Debt
    Authors:
    Barış Ülker
    Location:
    Global, Turkey
    Firm:
    Güleryüz Partners
    Some useful reminders for lenders on enforcement action and "no waiver" clauses
    2022-10-31

    Summary

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Christian Wiltshire
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    UK Supreme Court Issues Long-Awaited Judgment Regarding Company Directors' Duties to Creditors
    2022-11-01

    In an important decision for U.S. companies with UK subsidiaries, the UK Supreme Court recently handed down its long-awaited judgment in BTI 2014 LLC v. Sequana S.A., the first case in which the UK's highest court considered the duties of directors of UK companies to company creditors.

    The Ruling

    Filed under:
    United Kingdom, USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Venable LLP, Insolvency, UK Supreme Court
    Location:
    United Kingdom, USA
    Firm:
    Venable LLP
    Trilegal Quarterly Roundup: Jul-Sep 2022
    2022-10-28

    Special Purpose Acquisition Companies (SPACs) and the Outlook in India  

    Filed under:
    India, Banking, Capital Markets, Company & Commercial, Corporate Finance/M&A, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, IT & Data Protection, Litigation, Patents, Tax, Telecoms, Trademarks, White Collar Crime, Trilegal, SPAC
    Location:
    India
    Firm:
    Trilegal
    What is the secret to growing fintech in the North East?
    2022-10-28

    Once hailed as having the potential to add £5.7 billion to the UK economy in 2016, Northern business leaders operating in the tech space met to discuss how best to unlock the sector's growth potential. As part of CyberFest, Womble Bond Dickinson, alongside a host of tech experts and business leaders, aimed to tackle the issue head-on in an insightful roundtable.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Womble Bond Dickinson (UK) LLP, Fintech, Cybersecurity
    Authors:
    Paul Armstrong
    Location:
    United Kingdom
    Firm:
    Womble Bond Dickinson (UK) LLP
    Celsius Contagion?: Another Crypto Miner Expected to File Bankruptcy
    2022-10-28

    In an earlier post we discussed the bankruptcy filing of Compute North Holdings, Inc., a bitcoin miner felled by high electricity costs and falling cryptocurrency prices (see here). It may be followed shortly by another miner, Core Scientific, Inc., which announced on October 26, 2022 that it has similarly been severely impacted by rising electricity costs and the price of bitcoin.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Crowell & Moring LLP, Bitcoin, Cryptocurrency, NASDAQ
    Authors:
    Frederick (Rick) Hyman
    Location:
    USA
    Firm:
    Crowell & Moring LLP
    Landmark Privy Council ruling establishes scope and ranking of ex-trustees’ interest in an insolvent trust
    2022-10-26

    Jersey law ruling will have far reaching ramifications for trust administration in common law jurisdictions

    Filed under:
    Jersey, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Protection and indemnity, Insolvency, Trustee, Courts of Jersey
    Authors:
    Richard Norridge , Philip Lis , Hussein Mithani
    Location:
    Jersey, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Priming Transactions Update: Boardriders
    2022-10-25

    A new decision out of the New York state court has added to the recent trend of courts refusing to dismiss legal challenges to priming transactions.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, O'Melveny & Myers LLP, Coronavirus
    Authors:
    Daniel S. Shamah , Jennifer Taylor
    Location:
    USA
    Firm:
    O'Melveny & Myers LLP

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