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    The Corporate Insolvency and Governance Bill - a pensions perspective
    2020-06-15

    The new Corporate Insolvency and Governance Bill (the Bill) has been introduced into the UK Parliament and proposes significant changes to insolvency law, including:

    Filed under:
    United Kingdom, Company & Commercial, Employee Benefits & Pensions, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Coronavirus, House of Lords
    Authors:
    Dawn Heath , Katharina Crinson , Samuel Taylor
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Hungarian bankruptcy and corporate legislation revised
    2007-03-12

    Changes to Hungarian bankruptcy law mean that priority will be given to creditors who pledge property as security or collateral. Minor changes to Hungarian corporate legislation require companies to list specific court registration information on their official correspondence and websites.

    Introduction

    Filed under:
    Hungary, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Public company, Bankruptcy, Costs in English law, Credit (finance), Debtor, Collateral (finance), Liquidation, Liquidator (law), Capital punishment, Dissolution (law)
    Location:
    Hungary
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Asia: What’s next for disputes emerging from the COVID-19 crisis and the recent developments in key areas
    2020-06-11

    As COVID-19 spread across the globe like wild fire, many of its effects—including an economic downturn and emerging disputes risks—are being felt across markets.

    Filed under:
    Asia-Pacific, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Force majeure, Coronavirus
    Location:
    Asia-Pacific
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Landmark UK reforms to help rescue companies in COVID-19 times
    2020-05-20

    As the business world starts to count the cost of the COVID-19 pandemic and the government measures taken to contain it, attention is turning to the tools available to help companies that have been financially impacted.

    Many companies are deferring payments to conserve liquidity, raising difficult questions around directors’ duties and leading to an immediate focus on how to protect the business from resulting creditor action.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Authors:
    Lindsay Hingston , Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Directors' duties: French companies Financial difficulties potentially resulting from the COVID-19 situation
    2020-04-16

    This note sets out the duties of the following directors of French companies with a particular focus on the duties owed by such directors of companies in financial difficulties:

    Filed under:
    France, Company & Commercial, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Board of directors, Coronavirus
    Location:
    France
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Germany: COVID-19 and its impact on ongoing contractual obligations
    2020-04-08

    As part of the package of measures to mitigate the effects of the corona crisis, the German Bundestag has fast-tracked an act to mitigate the consequences of the COVID-19 pandemic in civil law, insolvency law, and the law on criminal procedure, adopting it into law on 25 March 2020. 

    The act contains a civil law moratorium that benefits parties who owe certain forms of contractual performance where the COVID-19 pandemic has forced them into the position that they cannot meet their contractual obligations.

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Germany: The Act on the mitigation of the consequences of the Covid-19 pandemic in the areas of insolvency, civil and criminal procedure law
    2020-04-06

    - Main points of interest and preliminary analysis –

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    The avoidance of post-petition transfers: what’s a vendor to do after In re Delco Oil Co.?
    2010-08-13

    In Marathon Petroleum Co. v. Cohen (In re Delco Oil Co.),1 the Court of Appeals for the Eleventh Circuit recently held that a trustee could avoid a debtor's post-petition transfers of funds that were cash collateral, notwithstanding that the payments had been made in good faith and in the ordinary course of business.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Collateral (finance), Personal property, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit, Trustee
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    COVID-19 Update: Planned Changes to UK Insolvency Laws to Enable Companies to Continue Trading
    2020-03-31

    Introduction

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP, Coronavirus
    Location:
    United Kingdom
    Firm:
    Cadwalader Wickersham & Taft LLP
    2020 Consumer Financial Services Year in Review & A Look Ahead
    2021-03-02

    2020 was a transformative year for the consumer financial services world. As we navigated an unprecedented volume of industry regulation, Troutman Pepper leveraged our decades of experience and legal know how to help clients find successful resolutions and stay ahead of the compliance curve.

    Filed under:
    USA, Arbitration & ADR, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Telecoms, Troutman Pepper, Cybersecurity
    Location:
    USA
    Firm:
    Troutman Pepper

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