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    Law Commission consults on draft Bill to modernize the rules on ownership of goods under sales contracts
    2021-01-15

    What are the proposed changes to rules on transfer of ownership?

    The key takeaway

    The Law Commission’s proposed changes are likely to improve consumers’ odds of owning goods bought online in the event of retailer insolvency, even before they have left the retailer’s possession.

    The background

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, RPC, Coronavirus
    Authors:
    Oliver Bray
    Location:
    United Kingdom
    Firm:
    RPC
    How will StaRUG help German companies address the impact of COVID-19?
    2021-01-14

    Looking back at the last few months, the COVID-19 pandemic has hit many companies hard and amplified disruptive trends in various sectors. In addition to other measures to address COVID-19 impact on businesses, Germany has made significant progress toward international best practices for restructuring: StaRUG — known as the German scheme — came into effect on 1 January 2021, as one of the most modern restructuring laws in the world. But how will StaRUG help German companies survive the crisis and what if insolvency is unavoidable?

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Latham & Watkins LLP, Coronavirus
    Authors:
    Frank Grell
    Location:
    Germany
    Firm:
    Latham & Watkins LLP
    Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19: 11 January 2021
    2021-01-14

    The Australian government has taken swift action to enact new legislation that significantly changes the insolvency laws relevant to all business as a result of the ongoing developments related to COVID-19

    Filed under:
    European Union, Global, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus
    Location:
    European Union, Global
    Firm:
    Squire Patton Boggs
    Company law and private M&A: Case law round-up 2020
    2021-01-14
    1. COVID-19
    2. Capital maintenance
    3. Shareh
    Filed under:
    United Kingdom, Company & Commercial, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Travers Smith LLP, Employee Retirement Income Security Act 1974 (USA), Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Carys Clipper , Sarah Lauder
    Location:
    United Kingdom
    Firm:
    Travers Smith LLP
    Singapore Court of Appeal rejects the Cavendish test for Liquidated Damages
    2021-01-12

    This article is produced by CMS Holborn Asia, a Formal Law Alliance between CMS Singapore and Holborn Law LLC.

    A. Overview

    In Denka Advantech Pte Ltd v Seraya Energy Pte Ltd [2020] SGCA 119, the Singapore Court of Appeal (“SGCA”) had the opportunity to consider the applicable law with regard to penalty and liquidated damages (“LD”) clauses.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, CMS Holborn Asia, Court of Appeal of Singapore
    Authors:
    Kelvin Aw , Lynette Chew
    Location:
    Singapore
    Firm:
    CMS Holborn Asia
    Dealing with proofs of debt involving conflicts between group companies: Do you apply for a special purpose liquidator or seek alternative relief?
    2021-01-12

    On 24 December 2020, the Federal Court of Australia published reasons for a decision in which I appeared for the liquidators of two related companies, Bestjet Travel Pty Ltd (in liq) and Wynyard Travel Pty Ltd (in liq). The decision can be accessed here.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, HopgoodGanim, Liquidation
    Authors:
    Paul Betros
    Location:
    Australia
    Firm:
    HopgoodGanim
    German D&O insurance coverage - Federal Court of Justice confirms company directors are covered
    2021-01-07

    In a recent judgment on directors’ liability (Bundesgerichtshof, 18 November 2020, IV ZR 217/19), the German Federal Court of Justice (Bundesgerichtshof) has clarified the scope of D&O insurance coverage, holding that company directors are entitled to its protection.

    Background

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Insurance, Litigation, Taylor Wessing
    Authors:
    Dr. Daniel Kunz , Leopold Bauer
    Location:
    Germany
    Firm:
    Taylor Wessing
    Re-imagined: An Analysis of the restructuring plan
    2021-01-08

    RE IMAGINED

    An analysis of the Restructuring Plan January 2021

    Illustration: A world of complexity by Sam Hadley

    RE IMAGINED: AN ANALYSIS OF THE RESTRUCTURING PLAN:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Addleshaw Goddard LLP, Coronavirus
    Location:
    United Kingdom
    Firm:
    Addleshaw Goddard LLP
    Two wrongs don't make a right - suspension of wrongful trading laws inches closer to the statute book
    2020-05-21

    Hot off the press, yesterday we learnt a great deal more about the proposed suspension of the UK’s wrongful trading laws with the publication of the Corporate Insolvency and Governance Bill 2019-21.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Stevens & Bolton LLP, Board of directors, Coronavirus
    Authors:
    Tim Carter , Matthew Padian
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Seeking safe harbour from the COVID-19 pandemic: A primer for directors
    2020-05-20

    As directors consider how to meet their duties during the COVID-19 pandemic, the safe harbour provisions may provide some protection from insolvent trading liability.

    Introduction

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Cooper Grace Ward, Coronavirus
    Authors:
    Adelaide Hayes , Charles Sweeney
    Location:
    Australia
    Firm:
    Cooper Grace Ward

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