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    “Birds of Prey?”: No Sanctions Over Huge Volume of Lash & Wilcox BK Filings But “Additional Due Diligence” Ordered
    2019-03-07

    It will come as no surprise to avid readers of TCPAWorld.com that some folks may take offense to the tactics of Lash & Wilcox.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Telecoms, Squire Patton Boggs, Due diligence, Debt collection, Telephone Consumer Protection Act 1991 (USA)
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Australian High Court Upholds Examination Rights of Eligible Applicants
    2022-02-16

    This article forms part of our litigation funding series and discusses a key decision that has the potential to significantly support the due diligence efforts of litigation funders in external administration contexts.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Due diligence, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    Impact of COVID-19 on Insolvency Laws:
    2021-05-06

    squirepattonboggs.com 014-5095-0428/15/EUROPE Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19 26 April 2021 squirepattonboggs.com squirepattonboggs.com Contents Around the globe, our lawyers are receiving a large number of enquiries about mitigating the impact of the coronavirus disease 2019 (COVID-19) on companies' business operations and finances. Governments in several countries have reacted quickly to try to mitigate COVID-19's impact by changing or amending their insolvency laws.

    Filed under:
    Global, Banking, Insolvency & Restructuring, Tax, Squire Patton Boggs, Due diligence, State aid, Coronavirus, Commercial tenant, Paycheck Protection Program, Corporations Act 2001 (Australia), CARES Act 2020 (USA), HM Revenue and Customs (UK), Small Business Administration (USA)
    Location:
    Global
    Firm:
    Squire Patton Boggs
    Does a failure to give notice to a prior QFCH invalidate UK administrator appointments?
    2021-02-16

    The case of Re NMUL Realisations Limited (in administration) [2021] EWHC 94 (Ch) follows in the footsteps of the case of Re Tokenhouse VB Limited [2020] EWHC 3171 (Ch),where the Court considered whether a charge-holder’s failure to give notice of their intention to appoint administrators invalidates the appointment (see our previous blog here).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Due diligence
    Authors:
    Jon Chesman
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Bankruptcy Restructuring A Legal Tool for Companies and Creditors in Times Of Financial Distress Caused by COVID-19 Americas
    2020-05-15

    The epidemiological outbreak of COVID-19 has collapsed the international health systems and provoked huge economic losses to global economies. For these reasons, countries affected by COVID-19 have adopted sanitary and economic measures to reduce the spread and negative impact to its economies.

    Filed under:
    USA, Insolvency & Restructuring, Squire Patton Boggs, Foreign exchange market, Due diligence, Coronavirus, European Securities and Markets Authority
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Licensees And Licensors Need To Prepare For Potential Bankruptcies Caused By COVID-19
    2020-03-30

    We are in unprecedented times. The current COVID-19 pandemic will not only have an impact on the physical health of our country, but the economic health of our country as well. Increased bankruptcy filings are a virtually certainty and this raises concerns of many, including licensors and licensees of intellectual property. What should these parties be thinking about given the coming uptick in bankruptcies?

    From the Licensee’s Perspective

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Due diligence, Coronavirus
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Good news and bad news for corporate managers dealing with insolvency issues
    2007-06-18

    Directors and officers of Delaware corporations face no liability to corporate creditors from direct claims for breach of fiduciary duty, under the Delaware Supreme Court’s recent ruling in North American Catholic Educational Programming Foundation, Inc. v. Gheewalla, (May 18, 2007) (“North American Catholic”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bond (finance), Bankruptcy, Shareholder, Debtor, Breach of contract, Fiduciary, Board of directors, Insider trading, Good faith, Due diligence, Non-disclosure agreement, Delaware General Corporation Law, US Securities and Exchange Commission, Barclays, Delaware Supreme Court, US District Court for SDNY, Colorado Supreme Court
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Delivery Not Included - what the High Court of Australia’s decision in the ‘Willis’ case means
    2022-03-18

    The High Court of Australia’s decision in Wells Fargo Trust Company, National Association (as Owner Trustee) & Anor v VB Leaseco Pty Ltd (Administrators Appointed) & Ors (the “Willis” case).

    On Wednesday, 16 March 2022, the High Court of Australia handed down its decision in the Willis case.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Due diligence, High Court of Australia
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    Bargain M&A deals in COVID19 - a guide for CHINESE odi investors
    2020-07-20

    In preparation for a post COVID-19 world, Chinese outbound investors have begun to source for bargain deals in other countries, with markets characterised by corporate restructurings, low prices, depressed valuations, distressed assets, and fire sales. In this article, we briefly set out some suggestions for Chinese outbound investors when entering into bargain M&A deals in this unprecedented M&A landscape.

    Filed under:
    China, Corporate Finance/M&A, Insolvency & Restructuring, King & Wood Mallesons, Due diligence, Force majeure, Coronavirus
    Location:
    China
    Firm:
    King & Wood Mallesons
    UK Corporate Insolvency and Governance Bill: A Creditor’s Perspective
    2020-06-05

    In an effort to alleviate the impact of COVID-19 on UK businesses and encourage the supply of essential goods and services during the pandemic, the UK Government announced plans earlier this year to temporarily suspend wrongful trading laws and to fast track proposed permanent reforms to the existing insolvency regime (these reforms were developed in 2016 and consulted on in 2018).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Projects & Procurement, King & Wood Mallesons, Due diligence, Coronavirus, UK House of Commons
    Location:
    United Kingdom
    Firm:
    King & Wood Mallesons

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