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    Supreme Court strikes out £116 million claim for breach of Quincecare duty as claimant held to have suffered no loss
    2022-12-22

    The UK Supreme Court has handed down its judgment in Stanford International Bank Ltd (In Liquidation) (Appellant)v HSBC Bank PLC (Respondent) [2022] UKSC 34, striking out a significant claim (£116m) for breach of the Quincecare duty on the grounds that the claimant had suffered no loss.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Liquidation, UK Supreme Court
    Authors:
    Tom Dane , Kushal Gandhi
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Crypto-Crash
    2022-12-23

    A crash in the cryptocurrency industry started this past spring, causing a significant number of cryptocurrency exchanges and related entities to seek bankruptcy protection, including the recent filing of one of the largest cryptocurrency exchanges, FTX. The volatility in the industry continues, with the subsequent filing of the cryptocurrency firm BlockFi and the crypto-mining company Core Scientific.

    Crypto Basics

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Blockchain, Cryptocurrency, Non-fungible tokens, Google, FTX
    Location:
    USA
    Second Circuit Determines Agent’s Mistaken Payment of Principal to Lenders Does Not Invoke “Discharge-For-Value” Exception to Restitution
    2022-12-21

    On September 8, 2022, a three-judge panel in the United States Court of Appeals for the Second Circuit (the “Second Circuit”) reversed the United States District Court for the Southern District of New York (the “District Court”) when it determined that lenders of a syndicated loan facility to Revlon, Inc.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Vinson & Elkins LLP, Second Circuit, United States bankruptcy court, US District Court for SDNY
    Authors:
    William L. Wallander , David S. Meyer , Steven M. Abramowitz
    Location:
    USA
    Firm:
    Vinson & Elkins LLP
    Slovak case-low qualifies banks as related parties in insolvencies
    2022-12-19

    Finance companies in Slovakia have felt endangered since 2019 when the Regional Court in Košice, acting as a second instance court confirmed a lower-court ruling that a financial party could be qualified as a related party in the eventual insolvency of the borrower as debtor.

    Filed under:
    Slovakia, Banking, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency
    Authors:
    Michal Huťan , Zuzana Nikodemova
    Location:
    Slovakia
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    FTX Bankruptcy: Tax Implications of Vanishing Customer Deposits
    2022-12-09

    The massive FTX bankruptcy has rattled the crypto industry. While it may take some time for investors, investigators, and customers to learn what happened in the lead up to FTX’s demise, it seems already clear that many FTX customers will lose cryptocurrency and other digital assets (“Tokens”) they had deposited in FTX trading accounts. News reports suggest that those losses are the result of FTX’s related trading arm, Alameda Research, having borrowed FTX customer deposits using FTX’s proprietary token as collateral at an inflated valuation.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Tax, O'Melveny & Myers LLP, Cryptocurrency, Internal Revenue Service (USA), US Congress, US Department of the Treasury
    Authors:
    William K. Pao
    Location:
    USA
    Firm:
    O'Melveny & Myers LLP
    A few additional thoughts… on the regulatory response in the wake of the FTX bankruptcy
    2022-12-07

    We recently had a chance to speak to The Independent and

    Filed under:
    USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, IT & Data Protection, Reed Smith LLP, Bitcoin, Cryptocurrency, US Securities and Exchange Commission, Consumer Financial Protection Bureau (USA), Commodity Futures Trading Commission (USA), US Congress
    Location:
    USA
    Firm:
    Reed Smith LLP
    Proposed UCC Amendments to Article 12 Shed New Light on Transacting and Securing Interests in Digital Assets
    2022-12-01

    Summary of Key Uniform Commercial Code (UCC) Amendments

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Greenberg Traurig LLP, Blockchain, Bitcoin, Cryptocurrency, Non-fungible tokens, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    FTX Bankruptcy—What Could Be Next for the Industry?
    2022-11-30

    One of the world’s largest cryptocurrency exchanges—FTX Trading Ltd.—and many of its affiliates filed for bankruptcy earlier this month.1 While the full impact of the FTX bankruptcy is not yet clear, various responses from the executive branch and federal and state regulators indicate that, in the short term, agencies will continue to use their existing authorities to seek information about the practices of crypto market participants and to enforce existing rules to protect customers and avoid further market contagion.2 The following statements may indicate what market

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Bitcoin, Due diligence, Cryptocurrency, US Securities and Exchange Commission, FINRA, Commodity Futures Trading Commission (USA), Federal Deposit Insurance Corporation (USA), US Congress, National Futures Association (USA)
    Location:
    USA
    It’s A Wonderful Life’s Lessons Ring True in BlockFi Bankruptcy
    2022-11-29

    We are heading into the holiday season. It’s a Wonderful Life will be on television. And cryptocurrency bankruptcies will be in the news. Yesterday, BlockFi filed for bankruptcy. What does a seventy year old Frank Capra movie – about a bank run in a small town during the Great Depression – tell us about the latest crypto platform’s liquidity crisis? Will depositors get their money back? Is there any insurance for the creditors?

    Filed under:
    USA, Banking, Insolvency & Restructuring, Bitcoin, Cryptocurrency, Google, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    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
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

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