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    U.S. Court Authorizes Service of Subpoena on U.S. Nationals through Social Media While Prohibiting the Issuance of a Subpoena on Foreign Nationals Abroad
    2023-03-20

    Corrupt managerial behavior has been a driver in the collapse of the cryptocurrency market. Enforcing and defending claims against directors and officers, where the directors and officers are not living in the United States and may not be U.S. citizens, is a current judicial focus in the U.S. litigation system. In the Three Arrows Capital (“Three Arrows”) chapter 15 case, the U.S. Bankruptcy Court for the Southern District of New York (the “U.S.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Cryptocurrency
    Location:
    USA
    New Yorks guidance on crypto custodial accounts and its impact on a bankruptcy estate
    2023-03-17

    The crypto winter has brought a flurry of bankruptcy filings into the digital asset space. As pioneering cryptocurrency platforms collide with the Bankruptcy Code, unprecedented questions of law have left customers asking a fundamental question: who owns my crypto?

    This question is especially prevalent in cases where the debtor company’s platform offered custodial accounts to customers. Digital asset custodial accounts have unusual attributes that have revealed cracks in customer protection when custodians have filed for bankruptcy.

    Filed under:
    USA, New York, Insolvency & Restructuring, Hogan Lovells, Blockchain, Cryptocurrency, Insolvency
    Authors:
    David P Simonds , Edward McNeilly
    Location:
    USA
    Firm:
    Hogan Lovells
    Three Arrows case sees what is believed to be BVI's first ever extra-territorial summoning of company directors to appear for a private examination by joint liquidators
    2023-02-23

    In BVIHC(COM) 2022/0119, Russell Crumpler and Christopher Farmer as Joint Liquidators of Three Arrows Capital Ltd (in liquidation) -and- (1) Zhu Su (2) Kyle Davies

    The BVI Court has endorsed what is believed to be its first extra-territorial order summoning directors of a BVI company (in liquidation) to appear for private examination by joint liquidators.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Ogier, Cryptocurrency
    Authors:
    Daniel Mitchell
    Location:
    British Virgin Islands
    Firm:
    Ogier
    New York's guidance on crypto custodial accounts and its impact on a bankruptcy estate
    2023-03-17

    The crypto winter has brought a flurry of bankruptcy filings into the digital asset space. As pioneering cryptocurrency platforms collide with the Bankruptcy Code, unprecedented questions of law have left customers asking a fundamental question: who owns my crypto?

    This question is especially prevalent in cases where the debtor company’s platform offered custodial accounts to customers. Digital asset custodial accounts have unusual attributes that have revealed cracks in customer protection when custodians have filed for bankruptcy.

    Filed under:
    USA, New York, Insolvency & Restructuring, Hogan Lovells, Blockchain, Cryptocurrency, Insolvency
    Authors:
    David P Simonds
    Location:
    USA
    Firm:
    Hogan Lovells
    Three Arrows case sees what is believed to be BVI's first ever extra-territorial summoning of company directors to appear for a private examination by joint liquidators
    2023-02-23

    In BVIHC(COM) 2022/0119, Russell Crumpler and Christopher Farmer as Joint Liquidators of Three Arrows Capital Ltd (in liquidation) -and- (1) Zhu Su (2) Kyle Davies

    The BVI Court has endorsed what is believed to be its first extra-territorial order summoning directors of a BVI company (in liquidation) to appear for private examination by joint liquidators.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Ogier, Cryptocurrency
    Authors:
    Daniel Mitchell
    Location:
    British Virgin Islands
    Firm:
    Ogier
    Three Arrows case sees what is believed to be BVI's first ever extra-territorial summoning of company directors to appear for a private examination by joint liquidators
    2023-02-23

    In BVIHC(COM) 2022/0119, Russell Crumpler and Christopher Farmer as Joint Liquidators of Three Arrows Capital Ltd (in liquidation) -and- (1) Zhu Su (2) Kyle Davies

    The BVI Court has endorsed what is believed to be its first extra-territorial order summoning directors of a BVI company (in liquidation) to appear for private examination by joint liquidators.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Ogier, Cryptocurrency
    Authors:
    Daniel Mitchell
    Location:
    British Virgin Islands
    Firm:
    Ogier
    Three Arrows case sees what is believed to be BVI's first ever extra-territorial summoning of company directors to appear for a private examination by joint liquidators
    2023-02-23

    In BVIHC(COM) 2022/0119, Russell Crumpler and Christopher Farmer as Joint Liquidators of Three Arrows Capital Ltd (in liquidation) -and- (1) Zhu Su (2) Kyle Davies

    The BVI Court has endorsed what is believed to be its first extra-territorial order summoning directors of a BVI company (in liquidation) to appear for private examination by joint liquidators.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Ogier, Cryptocurrency
    Authors:
    Daniel Mitchell
    Location:
    British Virgin Islands
    Firm:
    Ogier
    Three Arrows case sees what is believed to be BVI's first ever extra-territorial summoning of company directors to appear for a private examination by joint liquidators
    2023-02-23

    In BVIHC(COM) 2022/0119, Russell Crumpler and Christopher Farmer as Joint Liquidators of Three Arrows Capital Ltd (in liquidation) -and- (1) Zhu Su (2) Kyle Davies

    The BVI Court has endorsed what is believed to be its first extra-territorial order summoning directors of a BVI company (in liquidation) to appear for private examination by joint liquidators.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Ogier, Cryptocurrency
    Authors:
    Daniel Mitchell
    Location:
    British Virgin Islands
    Firm:
    Ogier
    Three Arrows case sees what is believed to be BVI's first ever extra-territorial summoning of company directors to appear for a private examination by joint liquidators
    2023-02-23

    In BVIHC(COM) 2022/0119, Russell Crumpler and Christopher Farmer as Joint Liquidators of Three Arrows Capital Ltd (in liquidation) -and- (1) Zhu Su (2) Kyle Davies

    The BVI Court has endorsed what is believed to be its first extra-territorial order summoning directors of a BVI company (in liquidation) to appear for private examination by joint liquidators.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Ogier, Cryptocurrency
    Authors:
    Daniel Mitchell
    Location:
    British Virgin Islands
    Firm:
    Ogier
    Bankruptcy Court Approves Service of Subpoenas Via Email and Twitter
    2023-03-10

    In the Chapter 15 case of Three Arrows Capital, Ltd., the Bankruptcy Court for the Southern District of New York recently held that Rule 45 of the Federal Rule of Civil Procedure (“Rule 45”) authorizes service of subpoenas to U.S. nationals or residents who are in a foreign country through alternative means to personal service, including via email and Twitter.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Cryptocurrency, Non-fungible tokens
    Authors:
    Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP

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