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    Jury Finds Credit Reporting Agency Was “Reasonable” in FCRA Case of Inaccurate Consumer Credit Report
    2022-08-05

    Thanks are owed to SPB summer associate Gabby Martin for her contributions to this article.

    Last month, a Florida federal jury found in favor of a credit reporting agency (“CRA”) in a trial centering on whether the CRA took “reasonable” steps to assure the accuracy of a consumer’s credit report after a consumer dispute. The result is a valuable glimpse into how juries view the burdens of the statutory obligations placed on reporting agencies by the Fair Credit Reporting Act (“FCRA”).

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Kristin Bryan , James M. Brennan
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Enforcement of Keepwell Deeds in Mainland China
    2022-08-03

    Legal nature of a keepwell deed

    Keepwell deeds are widely used in offshore financing transactions, but such arrangement has only been tested in the PRC courts in recent years. In this alert, we explore issues relevant to the enforceability of such arrangements in Mainland China.

    Filed under:
    China, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Bankruptcy, Foreign exchange market
    Authors:
    Richard Mazzochi , Stanley Zhou , Claire Potter
    Location:
    China
    Firm:
    King & Wood Mallesons
    Celsius Networks’ Bankruptcy Case Update: It’s Still Early Days
    2022-08-03

    Now that their bankruptcy filing is a few weeks behind us, we provide below an update on certain matters of interest in the case of Celsius Networks and its affiliates. Of course, it’s still very early in the bankruptcy case — and in cryptocurrency cases in general — but we have already heard from many distressed opportunity investors that are interested in identifying investment opportunities. Given the novel legal and difficult valuation issues involved, it will be important to keep a close eye on the developments in these proceedings.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Crowell & Moring LLP, Blockchain, Bitcoin, Cryptocurrency
    Authors:
    Frederick (Rick) Hyman , Richard J. Lee
    Location:
    USA
    Firm:
    Crowell & Moring LLP
    UK Financial Services and Markets Bills 2022
    2022-08-02

    The recently published Financial Services and Markets Bill (FSM Bill) is intended to recast the U.K.’s regulatory architecture post-Brexit. It was introduced to Parliament on 20 July 2022. The Bill implements the outcomes of the Future Regulatory Framework Review, which assessed whether the U.K.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Public, White Collar Crime, A&O Shearman, Corporate governance, Brexit, Bitcoin, Climate change, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, MiFID, Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Regulation (2014/600/EU)
    Authors:
    Barnabas (Barney) Reynolds , Thomas Donegan , Alexander Wood , Simon Dodds , Michael Scargill , Tom McKay , Wilf Odgers , Olivia Merrett , Chloe Barrowman , Sandy Collins
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman
    Court of Appeal summaries (July 25, 2022 - July 29, 2022)
    2022-07-31

    Good morning.

    Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 25, 2022.

    Good morning.

    Following are this week’s summaries of the decisions released from the Court of Appeal for Ontario for the week of July 25, 2022. The Court was busy before its long weekend including one lengthy substantive case released.

    Filed under:
    Canada, Ontario, Banking, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Product Regulation & Liability, Professional Negligence, Real Estate, Blaney McMurtry LLP, Bankruptcy, Court of Appeal for Ontario, British Columbia Supreme Court
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    UK financial services and markets bill 2022
    2022-08-01

    The recently published Financial Services and Markets Bill (FSM Bill) is intended to recast the U.K.’s regulatory architecture post-Brexit. It was introduced to Parliament on 20 July 2022. The Bill implements the outcomes of the Future Regulatory Framework Review, which assessed whether the U.K.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Public, White Collar Crime, A&O Shearman, Corporate governance, Brexit, Bitcoin, Climate change, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, MiFID, Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Regulation (2014/600/EU)
    Authors:
    Barnabas (Barney) Reynolds , Thomas Donegan , Alexander Wood , Simon Dodds , Michael Scargill , Tom McKay , Wilf Odgers , Olivia Merrett , Chloe Barrowman , Sandy Collins
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman
    Chapter 15 - A Useful Tool for Protecting and Preserving Assets in Cryptocurrency Insolvency Proceedings
    2022-08-01

    The Bankruptcy Protector

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bitcoin, Cryptocurrency, Ninth Circuit
    Authors:
    Gary M. Freedman
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Loan defaults: untimely remedies and potential hangovers in credit agreements
    2022-07-29

    What remedies should lenders, borrowers and opportunistic credit investors prescribe in light of current market practice and documentation?

    This article examines some of the current issues arising in leverage finance agreements on defaults and the expansion of express remedy terms that can impact on debt transfers.

    Key Points

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Addleshaw Goddard LLP
    Authors:
    Karl Clowry
    Location:
    United Kingdom
    Firm:
    Addleshaw Goddard LLP
    It’s Getting Chilly: The “Cryptowinter” Marches On
    2022-07-28

    It’s been a hard year for cryptocurrency. The values of most cryptocurrencies, including major coins such as Bitcoin and Ethereum, have continued to tumble. In fact, the price of one stablecoin, which is a form of cryptocurrency tied to another currency, commodity or financial instrument, de-pegged from its cryptocurrency token and entered into a downward spiral. Ultimately, the stablecoin and the crypto token it was pegged to collapsed, erasing $18 billion of value with it.

    Filed under:
    British Virgin Islands, USA, Banking, Derivatives, Insolvency & Restructuring, IT & Data Protection, Patterson Belknap Webb & Tyler LLP, Cryptocurrency, Coronavirus, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), US Congress
    Authors:
    Kimberly Black , Daniel A. Lowenthal
    Location:
    British Virgin Islands, USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Expansion of Norwich Pharmacal and Bankers Trust jurisdiction against foreign non-parties
    2022-07-25

    In a major development that will be welcomed by anyone engaged in pursuing international fraud claims, the Civil Procedure Rules Committee (CPRC) has approved expansions to the gateways for service out of the jurisdiction as set out in Practice Direction 6B (PD 6B), which will come into force this October.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Cryptocurrency
    Authors:
    James Popperwell , Nikolas Ireland
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP

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