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    French Court Rules on Safe Harbor of Netting Agreements in Insolvency
    2024-03-25

    In Short

    The Situation: For the first time ever, a court in France has examined the compatibility of the statutory netting safe harbor with the French Constitution. The French High Court of Justice (Cour de cassation) addressed the preliminary question of constitutionality in the context of an insolvency proceeding and handed down its decision on March 6, 2024.

    Filed under:
    France, Derivatives, Insolvency & Restructuring, Litigation, Jones Day, Supreme Court of the United States, Court of Cassation (France)
    Authors:
    Alban Caillemer du Ferrage , Dickson Chin , Qian Hu , Peter Petraro , Christopher Arnold (Chris)
    Location:
    France
    Firm:
    Jones Day
    Delaware Bankruptcy Court Grants Creditors' Committee of Debtor LLC Derivative Standing
    2024-04-10

    Highlights

    Filed under:
    USA, Delaware, Derivatives, Insolvency & Restructuring, Litigation, Holland & Knight LLP, Delaware Court of Chancery, Delaware Supreme Court
    Authors:
    Heather Cantu Montoya , Lisa Kim , Barbra R. Parlin
    Location:
    USA
    Firm:
    Holland & Knight LLP
    碳信用法律性质的国际前沿学术探讨
    2024-02-21

    金杜合伙人苏萌律师应联合国国际贸易法委员会(UNCITRAL)邀请作为碳交易及金融领域专家,于2024年1月31日和2月1日参加在维也纳举行的联合国贸易法委员会(UNCITRAL)专家组与国际统一私法协会(UNIDROIT)工作组关于自愿碳信用(VCC)法律性质的联席会议[1]。在联席会议上,苏律师就工作报告内容参与讨论并发表观点,并就中国自愿碳市场发展状况对研究报告做出修订和补充。

    Filed under:
    China, Global, Derivatives, Environment & Climate Change, Insolvency & Restructuring, King & Wood Mallesons, Bankruptcy, International Swaps and Derivatives Association
    Authors:
    Su Meng
    Location:
    China, Global
    Firm:
    King & Wood Mallesons
    Court of Appeal summaries (January 15 - January 19)
    2024-01-20

    Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 15, 2024.

    Filed under:
    Canada, USA, Ontario, Banking, Company & Commercial, Derivatives, Family, Insolvency & Restructuring, Litigation, Real Estate, Blaney McMurtry LLP, Due diligence, Barclays, Commodity Futures Trading Commission (USA), FERC, HSBC, Bank of Nova Scotia, Competition Act 1985 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos , Ines Ferreira
    Location:
    Canada, USA
    Firm:
    Blaney McMurtry LLP
    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
    FTC Settles with Bankrupt Crypto Company, but Pursues CEO for Deceptive FDIC Claims
    2023-10-16

    The Federal Trade Commission (FTC) announced it has reached a settlement with the bankrupt crypto company Voyager over the company’s alleged deceptive crypto marketing practices. Specifically, the FTC’s complaint alleges that from at least 2018 until its declaration of bankruptcy in July 2022, Voyager enticed consumers with promises that their deposits were insured by the Federal Deposit Insurance Corporation (FDIC) and were “safe.” However, consumers’ deposits with Voyager were not eligible for FDIC insurance and were not protected in the event that Voyager failed.

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, Litigation, Venable LLP, Due diligence, Federal Trade Commission (USA), Consumer Financial Protection Bureau (USA), Commodity Futures Trading Commission (USA), Federal Deposit Insurance Corporation (USA)
    Authors:
    Christopher L. Boone , Max Bonici , Ellen Traupman Berge
    Location:
    USA
    Firm:
    Venable LLP
    Interest Rates. Currency of Judgment. New York state court holds that interest rate set in bankruptcy proceeding controls over contractual interest rate and that New York law requires a New York judgment be rendered in U.S. dollars.
    2023-05-17

    Lehman Bros. Int'l (Europe) (In Admin.) v. AG Fin. Prod., Inc., No. 653284/2011 (Sup. Ct. N.Y. County May 17, 2023) [click for opinion]

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Baker McKenzie, International Swaps and Derivatives Association
    Authors:
    Jacob M. Kaplan , David Zaslowsky
    Location:
    USA
    Firm:
    Baker McKenzie
    What Is In Your Derivatives?
    2023-03-29

    With all the market turmoil and headlines about insolvencies or potential insolvencies in the financial sector and the wider markets, and potential rescue of stressed/distressed entities, many clients are concerned, and should be thinking, about the potential impact of these developments on their derivatives (commonly documented under an ISDA master agreement (an ISDA)) and, in particular: (a) if the relevant event constitutes a default, potential event of default, event of default or termination event or, alternatively, will trigger automatic early termination, under their ISDAs with their

    Filed under:
    Global, United Kingdom, Company & Commercial, Derivatives, Insolvency & Restructuring, Squire Patton Boggs, International Swaps and Derivatives Association
    Authors:
    Sabina Khan , Monika Lorenzo-Perez , Charlotte Møller
    Location:
    Global, United Kingdom
    Firm:
    Squire Patton Boggs
    The collapse of FTX: lessons for many
    2023-02-14

    From investors to regulators, FTX Trading Ltd (FTX) filing for bankruptcy was unexpected by all. A catalyst for litigation and regulation over the years to come, this collapse will serve as a warning, particularly to cryptocurrency insurers.

    What happened?

    Filed under:
    United Kingdom, Banking, Corporate Finance/M&A, Derivatives, Insolvency & Restructuring, Insurance, IT & Data Protection, White Collar Crime, Reynolds Porter Chamberlain, Corporate governance, Venture capital, Due diligence, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), FTX
    Authors:
    James Wickes , Matthew Wood , Jessica Pease
    Location:
    United Kingdom
    Firm:
    Reynolds Porter Chamberlain
    High Court Rules that ISDA Bankruptcy-Related Events of Default Can Be Cured in Lehman Case
    2023-02-15

    In Grant & Ors v FR Acquisitions Corporation (Europe) Ltd & Anor (Re Lehman Brothers International (Europe)) [2022] EWHC 2532 (Ch), the English High Court ruled on an application for directions (the “Application”) made by the administrators (the “Administrators”) of Lehman Brothers International (Europe) (LBIE) relating to the construction and effect of certain bankruptcy-related events of default (“Events of Default”) specified under the ISDA Master Agreements (as defined below), specifically:

    Filed under:
    United Kingdom, Derivatives, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Bankruptcy
    Authors:
    Clara Wong , Vladimir Maly , Polly Ehrman , Sam Riley , Howard Morris
    Location:
    United Kingdom
    Firm:
    Morrison & Foerster LLP

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