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    Governance & Compliance update - Issue 174
    2020-10-02

    Included in this update: Government extends temporary COVID-19 measures in CIGA 2020 and more...

    COVID-19

    CIGA 2020 extensions in force

    Filed under:
    European Union, United Kingdom, Capital Markets, Company & Commercial, Insolvency & Restructuring, Public, Tax, White Collar Crime, Addleshaw Goddard LLP, Brexit, Libor, Modern slavery, Money laundering, ESG, Coronavirus, Financial Conduct Authority (UK), European Commission, HM Revenue and Customs (UK), European Securities and Markets Authority, Modern Slavery Act 2015 (UK)
    Authors:
    Will Chalk , Richard Preston , Neville Moore
    Location:
    European Union, United Kingdom
    Firm:
    Addleshaw Goddard LLP
    Insights for In-house Counsel - October 2020
    2020-10-02

    Our regular round-up of recent developments and topics for your radar, news on training and networking events for in-house counsel, and an update on our legal tech initiatives.

    HIGHLIGHTS

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, IT & Data Protection, Law Department Management, Litigation, Public, Real Estate, Tax, White Collar Crime, Travers Smith LLP, Bribery, Corporate governance, Brexit, Libor, Modern slavery, Big data, Mediation, Force majeure, Machine learning, Personal data, Cybersecurity, 5G network, Coronavirus, European Commission, HM Revenue and Customs (UK), GDPR
    Location:
    European Union, United Kingdom
    Firm:
    Travers Smith LLP
    Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19 - 29 September 2020
    2020-10-02

    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
    Insolvency Reforms To Support Small Business
    2020-10-01

    On 24 September 2020 the Federal Government announced, as part of its JobMaker plan, a package of reforms directed at streamlining insolvency processes for small businesses.

    The reforms draw on key features of the US Chapter 11 bankruptcy process and include:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Macpherson Kelley, Coronavirus
    Authors:
    Chris Frawley , Daniel Wignall , Jeffrey Siddle , Nathanael Kitingan , Victoria Nomikos
    Location:
    Australia
    Firm:
    Macpherson Kelley
    COVID-19 Safe Harbour - I just spent six months in a leaky boat...
    2020-10-01

    No one expected these immortal words by Split Enz to be so relevant during the COVID-19 pandemic. However, that is exactly how some directors may be left feeling regarding the requirements to qualify for protection from trading while insolvent under the COVID-19 Safe Harbour provisions.

    NAVIGATING COVID-19

    When COVID-19 hit Australia, it created a crisis requiring urgent and extraordinary action by Federal and State Governments to protect the health of the Australian people and economy.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, FTI Consulting Asia Pacific, Coronavirus
    Authors:
    Ross Blakeley , Joseph Hansell , Kelly Trenfield , Daniel Woodhouse
    Location:
    Australia
    Firm:
    FTI Consulting Asia Pacific
    Business Support and Insolvency September Newsletter 2020
    2020-09-30

    What have we been up to?

    The days and nights may well be getting noticeably cooler, but as a team we remain very much at simmer point in terms of the demands of newlyacquired business support and insolvency work and staying on top of recent legislative changes.

    Amongst this month's work highlights have been:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Real Estate, Boyes Turner LLP, Coronavirus, Commercial tenant, Technology and Construction Court
    Authors:
    Phil Smith , Oliver Fitzpatrick , Rebecca Nicholson , Lizzie Peck
    Location:
    United Kingdom
    Firm:
    Boyes Turner LLP
    Boardroom Brief: Week commencing 28 September 2020
    2020-09-29

    A short week this week due to the public holiday in Western Australia.

    This is a service specifically targeted at the needs of busy non-executive directors. We aim to give you a “heads up” on the things that matter for NEDs in the week ahead – all in two minutes or less.

    Filed under:
    Australia, Capital Markets, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Gilbert + Tobin, Private equity, Coronavirus, Australian Securities Exchange, Australian Securities and Investments Commission
    Authors:
    Justin Mannolini , Janelle Sputore
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Supreme Court reviews directors' duties
    2020-09-28

    The Supreme Court has recently released a decision on directors' duties, which should serve as a timely reminder to all directors of their duties under the Companies Act in circumstances of insolvency. Continuing to trade while insolvent will be a breach of your duties, even if you believe that overall creditors may be better off or the extent of losses will be reduced. It is however welcome confirmation for liquidators that the Courts will enforce the provisions of the Companies Act based on the clear wording of these sections.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus, Microsoft
    Authors:
    Alicia Murray , Martin Wiseman , Michael Thompson , Aoife O'Gorman
    Location:
    New Zealand
    Firm:
    DLA Piper
    Changes to Coronavirus Provisions under the Corporate Insolvency and Governance Act 2020
    2020-09-28

    The UK Government has issued secondary legislation extending the period of applicability of certain temporary provisions of the Corporate Insolvency and Governance Act 2020 (“CIGA”).

    Filed under:
    United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus
    Authors:
    Julian Turner
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Supreme Court raises the stakes for directors of distressed businesses
    2020-09-28

    The Supreme Court last Thursday released its long awaited decision on directors duties engaged on a company’s insolvency – Debut Homes Limited (in liquidation) v Cooper [2020] NZSC 100. The decision has profound implications for directors confronted with a business experiencing material financial distress and more broadly, for creditors, lenders and the insolvency profession.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, MinterEllisonRuddWatts
    Authors:
    Sean Gollin
    Location:
    New Zealand
    Firm:
    MinterEllisonRuddWatts

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