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    Planning Commercial Collection Litigation: A Primer
    2018-09-05

    Consider the common commercial loan collection situation: a business debt collateralized by relatively permanent collateral (real property or durable non-mobile equipment such as a printing press) and transient collateral (inventory, accounts receivable and cash).[1] Frequently, there is also potentially recoverable unsecured debt because the collateral is insufficient to pay the entire debt and (a) the collateral does not include all the borrower’s

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Blockchain
    Authors:
    Vincent E. Mauer
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    A Thoughtful Bankruptcy Lawyer’s Opportunity to Anticipate
    2018-08-01

    A lawyer’s usual task is to help solve the client’s current problem: resolve a dispute; close a loan; obtain a permit; avoid a conviction; etc. Lawyers are so task oriented that some consultants advise us to have task specific engagement understandings and send dis-engagement letters when a task is complete. For bankruptcy lawyers representing individuals in a Chapter 13 bankruptcy, the task at hand is getting clients to and through a confirmed Chapter 13 plan with the promised debt relief and fresh start.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Frost Brown Todd LLP, Blockchain, Bankruptcy
    Authors:
    Vincent E. Mauer
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Entity Receiverships and the Dangerous Federal Priority Statute
    2018-07-06

    Lawyers representing creditors often compete with federal government claims against the same insolvent borrower/debtor. There are several common federal statutes that impact these disputes including: 11 U.S.C. Section 507[1]; 26 U.S.C. Section 6321[2], et seq.; and 31 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Frost Brown Todd LLP, Medicare, Blockchain, Federal Trade Commission (USA), Internal Revenue Code (USA)
    Authors:
    Vincent E. Mauer
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    eSignature and ePayment News and Trends
    2018-06-29

    Happy National ESIGN Day! Eighteen years ago this week, Congress passed the Electronic Signatures in Global and National Commerce Act, ensuring the legal validity of contracts entered into using electronic signatures and records. National ESIGN Day was established by Senate Resolution 576 and House Concurrent Resolution 290 on June 30, 2010.

    A fact of business today is that customers – both consumers and other businesses – and employees expect to transact digitally. To remain competitive, companies find themselves increasing their efforts to digitally transform their businesses.

    Filed under:
    USA, Banking, Capital Markets, Company & Commercial, Insolvency & Restructuring, Insurance, Internet & Social Media, IT & Data Protection, Litigation, Public, Shipping & Transport, White Collar Crime, DLA Piper, Blockchain, Big data, Cryptocurrency, Electronic signature, Distributed ledger, Initial coin offering, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Americans with Disabilities Act 1990 (USA)
    Authors:
    Margo H. K. Tank , David Whitaker , Andrew Grant
    Location:
    USA
    Firm:
    DLA Piper
    Financial Services 2017 Year-End Report
    2018-04-18

    bakerlaw.com 1 Financial Services 2017 Year-End Report 2 FINANCIAL SERVICES 2017 YEAR-END REPORT Table of Contents Introduction 3 Litigation 4 Industry Developments 5 Representative Matters 7 Emerging Issues and Trends 8 Lending 10 Industry Developments 11 Representative Matters 11 Emerging Issues and Trends 12 Regulatory, Compliance and Licensing 13 Industry Developments 14 Representative Matters 16 Emerging Issues and Trends 16 Restructuring 18 Industry Developments 19 Representative Matters 19 Emerging Issues and Trends 20 Conclusion and Contact Us 22 3 FINANCIAL SERVICES 2017 YEAR-END R

    Filed under:
    USA, Arbitration & ADR, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Real Estate, BakerHostetler, Blockchain, Digital currency, Initial coin offering, US Securities and Exchange Commission, Consumer Financial Protection Bureau (USA), Congressional Review Act 1996 (USA), Fair Debt Collection Practices Act 1977 (USA), Home Mortgage Disclosure Act 1975 (USA)
    Location:
    USA
    Firm:
    BakerHostetler
    When Blockchain Meets Article 9 and Bankruptcy
    2018-02-09

    Cryptocurrencies like bitcoin have been touted as everything from a tool that will revolutionize commerce to “the very worst of speculative capitalism.”[1] Less attention has been given to their practical application vis-à-vis commercial and insolvency law.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Jenner & Block LLP, Blockchain, Bankruptcy, Bitcoin, Cryptocurrency
    Authors:
    Carl N. Wedoff
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Editor's note - 30 July 2024
    2024-07-30

    Welcome to the first issue of Insolvency Matters, our round-up of recent legal developments affecting insolvency and restructuring.

    Case round-up

    Filed under:
    European Union, Global, United Kingdom, Insolvency & Restructuring, Litigation, Public, Tax, Mishcon de Reya LLP, Blockchain, Cryptocurrency, HM Revenue and Customs (UK), Cross-Border Insolvency Regulations 2006 (UK), Economic Crime and Corporate Transparency Act 2023 (UK)
    Authors:
    Radford Goodman
    Location:
    European Union, Global, United Kingdom
    Firm:
    Mishcon de Reya LLP
    Digital asset insolvency issues not insoluble for English law
    2024-04-19

    Digital assets may be new, but existing English insolvency laws and principles can deal with them. So finds the UK Jurisdiction Taskforce (UKJT) in its ‘Legal Statement on Digital Assets and English Insolvency Law’, published this week.

    Key takeaways include:

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Blockchain, Cryptocurrency, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Julian Turner , Vanessa Whitman , Kushal Gandhi , Rachel Harrison
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Four key takeaways for restructuring and insolvency practitioners from the UKJT Legal Statement on Digital Assets and English insolvency Law
    2024-04-22

    On 17 April 2024 the UK Jurisdiction Taskforce (theUKJT), chaired by Sir Geoffrey Vos published its Legal Statement on Digital Assets and English Insolvency Law.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Freshfields Bruckhaus Deringer, Blockchain, Artificial intelligence, Insolvency
    Authors:
    Nicholas Cooper , Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    UK Cryptoasset Regulation: Three Key Updates
    2023-11-02

    On 30 October 2023, HM Treasury (“HMT”) published 3 key updates on its proposed approach to regulating cryptoassets under the UK’s financial services regulatory framework, namely:

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, CMS Cameron McKenna Nabarro Olswang LLP, Blockchain, Mediation, Cryptocurrency, Anti-money laundering, Non-fungible tokens, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Payment Systems Regulator (UK)
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP

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