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    Blockchain Bites: Celsius creditors feeling the heat over preference claims, A bridge too far? Cross-chain bridges under MiCA, US State Legislatures bizarrely seek to “ban” Central Bank Digital Currencies, Coinbase and SEC in legal stoush over Securities Law but agree Tokens aren’t themselves securities
    2024-01-18

    Celsius creditors feeling the heat over preference claims

    Filed under:
    European Union, USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Piper Alderman, Blockchain, Bitcoin, Mediation, Cryptocurrency, Central bank digital currency, Ethereum, US Securities and Exchange Commission, International Organization of Securities Commissions, European Securities and Markets Authority, Uniform Commercial Code (USA)
    Authors:
    Michael Bacina , Steven Pettigrove , Tim Masters , Jake Huang , Luke Higgins , Luke Misthos
    Location:
    European Union, USA
    Firm:
    Piper Alderman
    Singapore Restructuring & Insolvency Yearbook 2023
    2024-01-17

    2023 was a monumental year for the development of Singapore case law on restructuring and insolvency.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, WongPartnership – Restructuring & Insolvency, Cryptocurrency
    Authors:
    Lionel Leo , Stephanie Yeo , Joel Chng , Daniel Liu , Tan Kai Yun , Clayton Chong , Adnaan Noor , Eden Li , Muhammed Ismail NOORDIN
    Location:
    Singapore
    Firm:
    WongPartnership – Restructuring & Insolvency
    Understanding the Trends: A Review of Insolvency Litigation in Hong Kong in 2023
    2024-01-11

    Insolvency litigation witnessed intriguing developments across multiple aspects in Hong Kong in 2023, ranging from the court’s updated Practice Direction on Bankruptcy and Winding-Up Proceedings to on-going debate surrounding the interplay between insolvency proceedings and arbitration clauses. In this Legal Update, we examine major developments that unfolded. The key takeaways are: 1.

    Filed under:
    Hong Kong, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Mayer Brown, Liquidation, Cryptocurrency
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    HFW Disputes Digest 2023
    2024-01-08

    HFW DISPUTES DIGEST 2023

    Welcome to the second annual Disputes Digest, in which we collate our 2023 global HFW LITIGATION and International Arbitration publications in one place.

    This edition includes updates from across our Disputes arena, including England and Wales, BVI, AsiaPac, and the Middle East.

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Compliance Management, Derivatives, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, HFW, Know your customer, Blockchain, Employee Retirement Income Security Act 1974 (USA), Advertising, Climate change, Supply chain, Mediation, Fintech, Due diligence, Carbon neutrality, Cryptocurrency, ESG, Litigation funding, Anti-money laundering, Non-fungible tokens, Metaverse, Anti-bribery and corruption, Greenwashing, US Securities and Exchange Commission, Financial Conduct Authority (UK), Barclays, Consumer Financial Protection Bureau (USA), Google, European Council, Commodity Futures Trading Commission (USA), Competition and Markets Authority (UK), HSBC, Monetary Authority of Singapore, Bank of England, Singapore International Arbitration Centre, FTX, Silicon Valley Bank, Arbitration Act 1996 (UK), Federal Arbitration Act 1926 (USA), Financial Services and Markets Act 2000 (UK), UK Supreme Court
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    HFW
    How is cryptocurrency treated as an asset in a bankruptcy proceeding in your jurisdiction?
    2024-01-08

    Written by- Kyle Broadhurst, BROADHURST LLC

    While the Cayman Court has not yet had the opportunity to rule on the matter, it is highly likely that cryptocurrencies will be treated as property of the company which the liquidators are empowered to collect and which is to be applied in satisfaction of the company’s liabilities.

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Litigation, IR Global, Cryptocurrency
    Location:
    Cayman Islands
    Firm:
    IR Global
    2024: main new legislation needing to be considered by companies in Spain
    2023-12-29

    2024: main new legislation needing to be considered by companies in Spain 2024 Viewpoint Spain 2 2024: main new legislation needing to be considered by companies in Spain December 2023 Professionals in the various practice areas at Garrigues take a look, from all angles of business law, at the main new legislation that companies will face in the coming year. 2024 promises to be an intense year in terms of statutory and case law.

    Filed under:
    European Union, Spain, Banking, Capital Markets, Company & Commercial, Copyrights, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Garrigues, Offshore wind power, Renewable energy, Artificial intelligence, Digital transformation, Digital economy, Cryptocurrency, ESG, Cybersecurity, Anti-money laundering, Greenwashing, Generative AI, European Commission, European Securities and Markets Authority, EU Artificial Intelligence Act, Court of Justice of the European Union
    Location:
    European Union, Spain
    Firm:
    Garrigues
    FIG Top 5 at 5 - 21/12/2023
    2023-12-21

    1. Department of Finance publishes its Feedback Statement on the National Discretions contained within MiCA

    Filed under:
    European Union, Banking, Capital Markets, Environment & Climate Change, Insolvency & Restructuring, Insurance, White Collar Crime, Matheson LLP, Due diligence, Cryptocurrency, ESG, Anti-money laundering, European Commission, European Insurance and Occupational Pensions Authority, European Securities and Markets Authority, Solvency II Directive (2009/138/EU)
    Location:
    European Union
    Firm:
    Matheson LLP
    Restructuring and Insolvency: Year in Review 2023
    2023-12-18

    2023 Restructuring & Insolvency Year in Review Year starts with fears of banking collapse contagion State-backed rescue deal for Credit Suisse announced 10 March 19 March Silicon Valley Bank, centred in California and focussed on funding venture capital and startups, was shut down by its local regulator on 10 March 2023 with the Federal Deposit Insurance Corporation appointed as receiver and the UK bank was sold to HSBC over the course of a weekend. Crypto-exposed Silvergate Bank and Signature Bank both followed suit – all within the span of five days.

    Filed under:
    New Zealand, United Kingdom, USA, Banking, Corporate Finance/M&A, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Russell McVeagh, Renewable energy, Climate change, Venture capital, Carbon neutrality, Cryptocurrency, Insolvency, HSBC, Reserve Bank of New Zealand, FTX, Silicon Valley Bank
    Location:
    New Zealand, United Kingdom, USA
    Firm:
    Russell McVeagh
    The Payments Newsletter including Digital Assets & Blockchain, November 2023
    2023-12-06

    Key developments of interest over the last month include: IOSCO publishing its final Policy Recommendations for Crypto and Digital Asset (CDA) Markets; the UK government publishing a response to its previous consultation and call for evidence on proposals for the future financial services regulatory regime for digital assets as well as the FCA and Bank of England publishing proposals on the UK stablecoins regulatory regime; the European Parliament's ECON Committee publishing draft reports on the proposed PSD3 and Payment Services Regulation; and the UK government publishing a Future of Paym

    Filed under:
    European Union, Global, United Kingdom, Banking, Capital Markets, Compliance Management, Insolvency & Restructuring, IT & Data Protection, White Collar Crime, Hogan Lovells, Blockchain, Fintech, Cryptocurrency, Open banking, Anti-money laundering, Anti-bribery and corruption, Financial Conduct Authority (UK), European Commission, European Parliament, European Banking Authority, International Organization of Securities Commissions, HM Treasury (UK), Airbnb, HSBC, Amazon.com, LinkedIn, Bank of England, European Central Bank, Payment Systems Regulator (UK), PayPal, Bank of Italy, Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK), Financial Services and Markets Act 2023 (UK)
    Authors:
    Virginia Montgomery , Grace Wyatt
    Location:
    European Union, Global, United Kingdom
    Firm:
    Hogan Lovells
    Going concerns - November 2023
    2023-11-29

    In this eleventh edition of the Going concerns, we touch upon the clarity provided by the Singapore Court of Appeal in the recognition of foreign solvent liquidations in Singapore, a potential new tool against debtors defrauding creditors, and an update on the sanction of an administrative convenience class in the Singapore High Court.

    We hope you enjoyed this edition of the Going concerns and we look forward to your continued support in the coming editions of the same. As usual, please feel free to contact us should you like to learn more on any topic.

    Content

    Filed under:
    Asia-Pacific, Global, Singapore, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Cryptocurrency, UNCITRAL, Singapore High Court
    Location:
    Asia-Pacific, Global, Singapore
    Firm:
    Stephenson Harwood LLP

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