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    Liquidators' new investigative powers
    2023-01-06

    Amendments to Guernsey's corporate insolvency legislation give liquidators more investigative powers and permit liquidators and administrators to set aside transactions at undervalue.

    One of the most powerful investigative weapons in any liquidator's armoury is the ability to compel the production from third parties of information and documents regarding the affairs of the company. Until recently, the precise scope of the liquidator's ability to seek production of such information or documents in Guernsey has been uncertain, relying on ill-defined common law powers.

    Filed under:
    Guernsey, United Kingdom, Insolvency & Restructuring, Litigation, Mourant, Confidential information, Insolvency, Court of Appeal of England & Wales
    Authors:
    Abel Lyall , Iona Mitchell
    Location:
    Guernsey, United Kingdom
    Firm:
    Mourant
    HFW Disputes Digest 2022
    2023-01-04

    HFW DISPUTES DIGEST 2022 Welcome to our first annual digest, in which we collate our 2022 global HFW LITIGATION and International Arbitration publications in one place. This edition includes updates from the whole Disputes arena across England, AsiaPac, and the Middle East. HFW is one of the world’s largest and most active disputes practices, litigation is in our DNA. We have more than 350 specialist disputes lawyers in offices across the Americas, Europe, the Middle East, and AsiaPac.

    Filed under:
    Australia, European Union, Global, Hong Kong, United Kingdom, England, Arbitration & ADR, Insolvency & Restructuring, Litigation, Public, White Collar Crime, HFW, Bitcoin, Mediation, Cryptocurrency, Litigation funding, Personal data, Gaming, Anti-money laundering, Confidential information, Anti-bribery and corruption, Financial Conduct Authority (UK), Barclays, International Centre for Settlement of Investment Disputes, GDPR, Arbitration Act 1996 (UK), UK Supreme Court, London Court of International Arbitration
    Location:
    Australia, European Union, Global, Hong Kong, United Kingdom
    Firm:
    HFW
    Third Circuit: Bankruptcy Court Lacks Discretion to Deny Examiner Appointment Motion in Large Chapter 11 Cases
    2024-03-26

    The Bankruptcy Code provides that, in chapter 11 cases where the court does not find "cause" for the appointment of a trustee, the court "shall" appoint an examiner, upon a request from the Office of the U.S. Trustee (the "UST") or any party-in-interest prior to confirmation of a chapter 11 plan. The examiner's role is to investigate the debtor's affairs or allegations of management misconduct, if either: (i) the court determines that the appointment would be in the best interests of stakeholders and the estate; or (ii) the debtor has qualifying unsecured debt exceeding $5 million.

    Filed under:
    USA, Compliance Management, Insolvency & Restructuring, Litigation, Jones Day, Corporate governance, Cryptocurrency, Confidential information, European Securities and Markets Authority, Supreme Court of the United States
    Authors:
    Oliver S. Zeltner
    Location:
    USA
    Firm:
    Jones Day
    Second Circuit Rules That Syndicated Term Loans Are Not Securities
    2023-09-27

    On August 24, 2023, the U.S. Court of Appeals for the Second Circuit held in Kirschner v. JP Morgan Chase Bank, N.A. et al. that certain syndicated term loans2 at the center of a transaction involving JP Morgan Chase and other banks were not securities under state law. While the Second Circuit did not foreclose the possibility that syndicated term loans could be securities under different circumstances,3 for now Kirschner cements the long-standing view -- following Banco Espanol de Credito v.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Medicare, Medicaid, Confidential information, False Claims Act 1863 (USA), US Securities and Exchange Commission, US Department of Justice, Federal Deposit Insurance Corporation (USA), Bank of Montreal Financial Group
    Location:
    USA

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