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Licensing Act 2003 – implications for insolvency practitioners
2008-07-25

The Licensing Act 2003 came into force in November 2005. Its effects were considerably wider than the much-publicised ‘24 hour drinking’ relaxation and, in particular, it makes specific provisions in relation to insolvency.

Filed under:
United Kingdom, Insolvency & Restructuring, Leisure & Tourism, Squire Patton Boggs, Breach of contract, Landlord, McDonald's
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
Business sales: new employment risks
2008-03-20

At the end of February 2008 new rules were introduced aimed at tightening the existing measures to combat illegal working, by making it more difficult for people to exceed any permission granted to stay in Great Britain or continue working in breach of the conditions imposed on them by the immigration authorities and to make it easier for employers to ascertain whether it is legal for them to engage any prospective employee.

Prevention of illegal working

Filed under:
United Kingdom, Immigration, Insolvency & Restructuring, Squire Patton Boggs, Breach of contract, Employment contract
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
Tribunals Courts and Enforcement Act 2007
2007-12-21

This Act received Royal Assent in July 2007 but no date for implementation has been published yet.

In addition to the provisions contained in this Act aimed at improving the working of the tribunals system and increasing judicial diversity, are several sections that will be of interest to financiers and insolvency professionals: 

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Debtor, Breach of contract, Landlord, Leasehold estate, Interest, Debt, Mortgage loan, Writ, Common law, Capital punishment
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
Brexit: Keep Calm and Carry On
2016-07-01

As the country recovers from the shock outcome of last Thursday’s Referendum, the question which Restructuring professionals must now consider is “what does Brexit mean for me?”. The truth is that nobody really knows. The Referendum decision is not legally binding on the UK Government and the process of the UK leaving the EU will only start once the UK has served formal notice on the EU pursuant to Article 50 of the Treaty on the European Union. This will start a two year negotiation period to effect Brexit.

Filed under:
European Union, United Kingdom, Insolvency & Restructuring, Public, Squire Patton Boggs, Lobbying, Brexit, Breach of contract, Climate change mitigation, Supply chain, Internal market, Tariff, Force majeure, Trade barrier, Tax efficiency, Constitutional amendment
Authors:
John Alderton , Caroline Castle
Location:
European Union, United Kingdom
Firm:
Squire Patton Boggs
View Original Article
Seventh Circuit makes life tougher for directors with conflicts
2011-04-27

In a decision released on March 29, 2011, CDX Liquidating Trust v. Venrock Assocs., et al., 2011 U.S. App. LEXIS 6390 (7th Cir. March 29, 2011), the United States Court of Appeals for the Seventh Circuit, reversing the district court’s ruling, held that a director’s disclosure of a conflict, in and of itself, is insufficient to protect that director from liability for breach of fiduciary duty or disloyalty arising from that conflict.

Filed under:
USA, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Conflict of interest, Corporate governance, Shareholder, Debtor, Breach of contract, Fiduciary, Board of directors, Interest, Venture capital, Liquidation, Preferred stock, Bridge loan, Seventh Circuit
Authors:
Stephen D. Lerner , Jeffrey A. Marks , Sandra E. Mayerson , Peter A. Zisser
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
New York Court of Appeals maintains status quo on imputation, in pari delicto defenses
2011-04-06

On October 21, 2010, the New York Court of Appeals (the Appeals Court), New York’s highest appellate court, addressed two appeals, and then issued an important ruling regarding the parameters of the affirmative defense of in pari delicto in suits against outside auditors, holding that the doctrines of in pari delicto and imputation are a complete bar to recovery when the corporate wrongdoer’s actions are imputed to the company.

The Doctrines of In Pari Delicto and Imputation

Filed under:
USA, New York, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Breach of contract, Fraud, Fiduciary, Interest, Misconduct, Negligence, Common law, Malpractice, KPMG
Authors:
Kristin E. Richner
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Knowledge is power -- or at least triggers the ERISA statute of limitations
2010-10-01

The Sixth Circuit continues to liberally define the "actual knowledge" required to trigger the 3-year ERISA statute of limitations and, in doing so, affirmed summary judgment in favor of the defendants in Brown v Owens Corning Investment Review (Case No. 09-3692).

Filed under:
USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Breach of contract, Fiduciary, Statute of limitations, Federal Reporter, Eighth Circuit, Sixth Circuit
Authors:
Emily E. Root
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
The Fifth Circuit Reminds Buyers To Beware Of Buying “Deemed Rejected” Contracts
2018-12-05

The recent decision by the Fifth Circuit Court of Appeals in In re Provider Meds, L.L.C. is a stark reminder to chapter 7 trustees that they have an affirmative obligation to examine a debtor’s assets. A trustee’s failure to conduct a sufficient and timely examination may deprive the estate of significant value.

Filed under:
USA, Insolvency & Restructuring, Litigation, Patents, Squire Patton Boggs, Bankruptcy, Patent infringement, Breach of contract, Constructive notice, Fifth Circuit, Trustee
Authors:
Mark A. Salzberg
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Enforcing Arbitration Provisions In Bankruptcy Cases - Another Court Weighs In
2017-09-05

Are arbitration clauses enforceable in a bankruptcy case? Last month, the U.S. District Court for the Eastern District of Arkansas said “yes” and held that state law causes of action that arose out of alleged breaches of contract and other state law theories of liability should be arbitrated as agreed to by the parties in their pre-petition contracts rather than litigated in the bankruptcy court. Gavilon Grain LLC v. M.

Filed under:
USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Breach of contract
Authors:
Travis A. McRoberts
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Litigation or estimation? When should nonbankruptcy actions continue in their original forums, and when should they be resolved through estimation in bankruptcy court?
2015-03-19

“I can [resolve] that” – Sam the Onion Man, Holes (as modified)

Filed under:
USA, Oklahoma, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Breach of contract, United States bankruptcy court
Location:
USA
Firm:
Weil Gotshal & Manges LLP
View Original Article

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