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    “We’re Gonna Score More Than You…….”
    2016-06-14

    Chances are those well-known eloquent lyrics have stirred up some patriotic spirit from somewhere deep within even the most sporting averse of us.

    With the 2016 summer of sport fast upon us the effect of the Euros, Wimbledon and the Olympics could have a significant impact on the economy (and the nerves) of the nation.

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Media & Entertainment, Squire Patton Boggs
    Authors:
    Jennifer Jones , John Alderton
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    On the rescission of dividends paid during the suspect period agreed in advanced within insolvency proceedings
    2015-03-31

    The Supreme Court rules in a recent decision over different bankruptcy incidents. The first relates to a work contract to supply materials in which a penalty clause for late work is established, and the ability to execute the works under the guarantee provided in the contract if the contractor may not execute them. Having a delay in delivery of the work and having entrusted to another company the repair works, the owner claimed the payment of the amounts and compensation with the guarantee held.

    Filed under:
    Spain, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, SCOTUS
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    UK Manufacturing - a Sector on Hold?
    2016-06-07

    The performance of the UK manufacturing sector is one of the key indicators of the health of the UK economy as a whole. To what extent is the current stagnant growth in that sector a result of the impending EU referendum?

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Economic development
    Authors:
    Laura Crawford , Jon Chesman
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Retention of title agreements as creditor protection against insolvent German customers – part 3
    2015-03-26

    This post addresses the question of how retention of title (“ROT”) provisions are effectively agreed to as part of the contractual relationship between a supplier and its German customer under German law.

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Title retention clause
    Authors:
    Andreas Lehmann
    Location:
    Germany
    Firm:
    Squire Patton Boggs
    German Insolvency Law applies to Director of English Company operating in Germany
    2016-04-13

    The statistics show that over 10,000 English limited companies operate in Germany. The company is registered in the Companies Register in the UK, but has a branch active in Germany, which is registered in German Company registries. On 10 December 2015 the Court of Justice of the European Union (ECJ) decided on the question whether the liability of the director of English registered Kornhaas Montage und Dienstleistung Ltd (‘KMD’), which was subjected to German insolvency proceedings, should be determined by English law or by German law.

    Filed under:
    European Union, Germany, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Court of Justice of the European Union
    Authors:
    Helen Kavanagh , Andreas Lehmann
    Location:
    European Union, Germany, United Kingdom
    Firm:
    Squire Patton Boggs
    The Supreme Court protects third parties in good faith against those acting without formal power of representation
    2015-03-18

    The facts are as follows: an insolvency creditor challenged the decision of the administrator in bankruptcy of a company about not recognizing its credit. The credit derived from a guarantee granted to secure a promissory note from a company belonging to the group of the insolvent company.

    Filed under:
    Spain, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Good faith
    Authors:
    Fernando González
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    Wrongful Trading - IPs Need to Demonstrate an Increase in Net Deficiency for a Successful Claim
    2016-02-25

    Directors of a company are subject to certain duties under the Companies Act 2006. These duties are of obvious importance throughout their service as a director but some of them become particularly important during the period leading up to the insolvency of the company.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Companies Act 2006 (UK)
    Authors:
    Gemma Whale , Devinder Singh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Jacobs v. Terpitz: entering into a partnership constitutes “minimum contacts”
    2015-03-13

    Since the Supreme Court’s decision in Stern v.

    Filed under:
    USA, New York, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Personal jurisdiction, SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Directors’ Liability in the Event of Insolvency in the United Arab Emirates
    2016-02-18

    The duties and obligations of directors in the United Arab Emirates (UAE) are drawn from various legislative sources; there is no consolidated legislative framework dealing with the duties and obligations of directors under UAE Law. Squire Patton Boggs’ Dubai office have published a summary of the principal duties and liabilities of a director in the  UAE, both generally and in the event of insolvency.

    Filed under:
    United Arab Emirates, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Douglas G. Smith , Mark J. Gilligan
    Location:
    United Arab Emirates
    Firm:
    Squire Patton Boggs
    Retention of Title (ROT) agreements as a creditor protection against insolvent German customers – part 2
    2015-02-04

    A previous post introduced the general concept of ROT provisions as a means to protect suppliers as creditors in the insolvency of their customers. The basic principle of ROT under German law is that the supplier remains the owner of the goods which it has supplied to its customer until the customer has fully paid the purchase price for the goods.

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Andreas Lehmann
    Location:
    Germany
    Firm:
    Squire Patton Boggs

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