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    Appellate Guidance on Appealing Receivership Orders
    2023-07-25

    Introduction

    Filed under:
    Canada, British Columbia, Company & Commercial, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Receivership, British Columbia Supreme Court, British Columbia Court of Appeal
    Authors:
    Tamie Dolny , Alex Bernicchia-Freeman
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Reform of the right of establishment in Luxembourg
    2023-07-21

    Bill n°7989 amending the law of September 2, 2011 regulating access to the professions of craftsman, trader, industrialist and certain liberal professions (the “2011 Law”), was adopted yesterday, 20 July 2023, by the Luxembourg Parliament. The dispense with the second vote shall be approved by the State Council in the coming days.

    The reform modernizes the right of establishment in the Grand Duchy of Luxembourg in order to create a modern legal framework that will stimulate entrepreneurship.

    Filed under:
    Luxembourg, Company & Commercial, Insolvency & Restructuring, CMS Luxembourg, Bankruptcy, Commercial Code 1807 (Luxembourg)
    Authors:
    Gérard Maitrejean , Angélique Eguether
    Location:
    Luxembourg
    Firm:
    CMS Luxembourg
    9th Circuit partially reverses FDCPA dismissal
    2023-07-21

    On July 14, the U.S. Court of Appeals for the Ninth Circuit partially affirmed and partially reversed a district court’s dismissal of an FDCPA suit. The district court reviewed plaintiff’s claims under the FDCPA, which alleged that defendants violated the bankruptcy court’s order discharging his debt and knowingly filed a baseless debt collection lawsuit.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Fair Debt Collection Practices Act 1977 (USA), Ninth Circuit
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Director’s DOCA is set aside
    2023-07-23

    HopgoodGanim Lawyers recently acted for R.W Pascoe Pty Ltd in successfully setting aside the deed of company arrangement (DOCA) proposed by Crimson Fresh Produce Pty Ltd.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, HopgoodGanim, Corporations Act 2001 (Australia)
    Authors:
    Jess Owen , Darrell Jardine
    Location:
    Australia
    Firm:
    HopgoodGanim
    Australian Corporate Insolvency Reform: the PJC's Report Is in, So What Can We Expect Next?
    2023-07-20

    After a 10-month inquiry process, on 12 July 2023 the Parliamentary Joint Committee on Corporations and Financial Services (PJC) delivered its final report on the effectiveness of Australia’s corporate insolvency laws.

    In this alert, we distil some of the key findings from the almost 400-page report and consider what future law reforms might look like.

    A COMPLEX AND INEFFICIENT SYSTEM

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, K&L Gates LLP, Insolvency, Australian Securities and Investments Commission
    Authors:
    Alex Smith , Ian J. Dorey , Katherine Smith
    Location:
    Australia
    Firm:
    K&L Gates LLP
    Court of Appeal summaries (July 17 - July 21, 2023)
    2023-07-21

    Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 17, 2023.

    Filed under:
    Canada, USA, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Due diligence, Court of Appeal for Ontario, British Columbia Supreme Court
    Authors:
    John Polyzogopoulos
    Location:
    Canada, USA
    Firm:
    Blaney McMurtry LLP
    Insurance Quarterly Legal and Regulatory Update: 1 April 2023 - 30 June 2023
    2023-07-19

    TABLE OF CONTENTS SOLVENCY II EIOPA INSURANCE DISTRIBUTION DIRECTIVE (IDD) PRIIPS CENTRAL BANK OF IRELAND ANTI-MONEY LAUNDERING (AML) AND COUNTERING THE FINANCING OF TERRORISM (CFT) DATA PROTECTION FINANCIAL SANCTIONS SUSTAINABILITY MISCELLANEOUS Insurance | Quarterly Legal and Regulatory Update | 1 April 2023 – 30 June 2023 © 2023 Dillon Eustace LLP. All rights reserved. 2 11723734v1 1.

    Filed under:
    European Union, Capital Markets, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Trade & Customs, White Collar Crime, Dillon Eustace LLP, Climate change, Electric vehicle, Cloud computing, Artificial intelligence, Sanctions, ESG, Personal data, Anti-money laundering, Data privacy, Trans-Atlantic Data Privacy Framework, European Commission, Central Bank of Ireland, European Securities and Markets Authority, European Data Protection Board, MiFID, GDPR, Solvency II Directive (2009/138/EU), Sustainable Finance Disclosure Regulation (2019/2088/EU)
    Location:
    European Union
    Firm:
    Dillon Eustace LLP
    Irish High Court makes determination on the opening of "Main Insolvency Proceedings" in Ireland
    2023-07-19

    A recent High Court decision in Mac Interiors[1] determined whether a company needs to be formed and registered in this jurisdiction in order to enter into the examinership rescue process.

    Mac-Interiors Limited (the "Company”), which has its registered office in Newry, Co. Down, Northern Ireland, presented a petition to the Irish High Court for the appointment of an examiner. Where the registered office of the Company is outside Ireland it does not fall within the definition of a 'company' under the Companies Act, 2014 being one which is formed and registered within the State.

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, Fieldfisher (Ireland), Insolvency Regulation (1346/2000) (EU)
    Authors:
    Mark Woodcock , Ciara Gilroy
    Location:
    Ireland
    Firm:
    Fieldfisher (Ireland)
    The Prezzo restructuring plan Court exercises discretion to cram down HMRC debt; confirms no requirement for company to provide consideration to "out of the money" plan creditors
    2023-07-19

    Summary

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, HM Revenue and Customs (UK), Companies Act 2006 (UK)
    Authors:
    Devi Shah , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Between the lines- July, 2023
    2023-07-20

    July, 2023 For Private Circulation - Educational & Informational Purpose Only A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS ⁎ Delhi High Court: An arbitration clause contained in a contract perishes upon its novation. * NCLT Hyderabad rejects resolution plan for being incompliant with Regulation 36B 4(A) of the CIRP Regulations. * Madras High Court rejects enforcement of a foreign arbitration award which was passed without considering FEMA violations and fraud in share valuations. * NCLAT: NCLTs and NCLAT have the power to recall their judgments.

    Filed under:
    India, Arbitration & ADR, Company & Commercial, Construction, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Insolvency and Bankruptcy Code (India), Supreme Court of India
    Location:
    India
    Firm:
    Vaish Associates Advocates

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