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    German legislator facilitates confiscation orders and asset recovery
    2017-06-30

    After having implemented stricter anti-bribery and corruption regulations in late 2015 and mid2016, new criminal law provisions regarding confiscation orders and asset recovery will enter into force on 1 July 2017. The present legislation was considered to be insufficient. Further, the law implements European provisions into national law. The law provides new rules for compensation of damaged parties and lower prerequisites for confiscations.

    Filed under:
    Germany, Insolvency & Restructuring, White Collar Crime, DLA Piper
    Location:
    Germany
    Firm:
    DLA Piper
    Improvements to the Investment Bank Special Administration Regime
    2017-01-13

    The Investment Bank Special Administration Regime (SAR) was introduced in 2011 in response to difficulties faced in the Lehman Brothers administration. Following a review of the regime by Peter Bloxham in 2014, and a Government consultation in 2016, the Treasury has introduced draft regulations to improve the regime - The Investment Bank (Amendment of Definition) and Special Administration (Amendment) Regulations 2017.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, DLA Piper, Investment banking
    Authors:
    Chris Parker
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Australian insolvency law reforms aim to increase business restructuring opportunities
    2016-07-22

    The Australian government is working to significantly reform Australia’s current insolvency laws by mid-2017.

    The reforms are intended to achieve greater likelihood of business preservation by introducing the flexibility to achieve real turnaround of businesses in crisis.

    The proposed changes include:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, DLA Piper, Bankruptcy, Breach of contract, Start-up company, Board of directors, Entrepreneurship, Liquidation, Distressed securities
    Authors:
    Amelia Kelly
    Location:
    Australia
    Firm:
    DLA Piper
    More restructurings in 2016? Absolutely
    2015-12-21

    Economists are renowned for their uncanny inclination to see dark clouds on a sunny day. Restructuring professionals tend to fall into the same camp; we’re no Pollyannas when it comes to forming views on business conditions. Perhaps working extensively with challenged companies tends to skew our outlook.

    Filed under:
    USA, Insolvency & Restructuring, DLA Piper
    Location:
    USA
    Firm:
    DLA Piper
    Intellectual property rights under German insolvency law
    2015-04-07

    German insolvency case law on intellectual property rights has experienced rapid development in recent years, while attempts by the German legislature to regulate this subject with precision have repeatedly failed. The multitude of stakeholders involved (among them insolvency administrators, licensors, sub-licensees and creditors that have liens on IP rights) could not agree on a resolution acceptable to all.

    Filed under:
    Germany, Insolvency & Restructuring, Intellectual Property, Litigation, DLA Piper
    Authors:
    Tom H. Braegelmann
    Location:
    Germany
    Firm:
    DLA Piper
    Mortgages under siege
    2014-11-12

    It used to be the case that mortgage creditors could rest easy knowing they held a mortgage, and that they would be repaid with the proceeds of the sale of the mortgaged asset, even in the event of an insolvency.

    Filed under:
    Spain, Banking, Insolvency & Restructuring, DLA Piper, Debtor, Mortgage loan
    Location:
    Spain
    Firm:
    DLA Piper
    Insolvency in the fashion retail sector the risks and the opportunities
    2014-04-11

    In this article on the changing landscape of UK fashion retail, we consider the challenges and changes faced by the industry and comment on the opportunities available for existing players and potential new entrants to the market.

    The UK fashion industry is estimated to contribute over £21 billion annually to the UK economy. Of this figure, an estimated £2.5 billion comprises retail spending. With over 800,000 people employed in the industry, fashion retail is a significant and vibrant part of UK Plc.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Media & Entertainment, DLA Piper, Retail
    Authors:
    Robert Russell
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Doing business in British Columbia 2012
    2012-10-12

    Except where otherwise noted, this paper is current as of September, 2011 and provides preliminary information on Canadian and British Columbia legal matters to assist you in establishing a business in British Columbia and provides general guidance only.

    Filed under:
    Canada, British Columbia, Banking, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Environment & Climate Change, Franchising, Immigration, Insolvency & Restructuring, Tax, DLA Piper
    Location:
    Canada
    Firm:
    DLA Piper
    Bankruptcies begin for crypto firms as “crypto winter” settles in
    2022-07-25

    The recent crash in cryptocurrency prices has erased nearly $2 trillion in market value and forced three large firms into bankruptcy proceedings in the United States Bankruptcy Court for the Southern District of New York (SDNY): Three Arrows Capital, Voyager Digital, and Celsius Network.

    The cryptocurrency hedge fund Three Arrows Capital was the first domino to fall. It suffered heavy losses on trades connected to the collapse of the Terra algorithmic stablecoin, which in turn triggered margin calls and subsequent defaults on over $1 billion in loans.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, DLA Piper, Cryptocurrency
    Location:
    USA
    Firm:
    DLA Piper
    WHOA, an update: approval of the first Dutch scheme
    2021-05-24

    As already announced in the article of Marc Molhuysen and Olmo Weeshoff of 20 December 2021, the new Dutch pre-insolvency tool, ‘The Act regarding the binding approval of debt restructuring agreements’, widely referred to as the WHOA (Wet homologatie onderhands akkoord) or the “Dutch Scheme” entered into force on 1 January 2021.

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus
    Location:
    Netherlands
    Firm:
    DLA Piper

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