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    Canada: Good faith conduct and litigation funding agreements in Canadian Insolvency Proceedings
    2020-05-14

    In a recent decision 9354-9186 Québec inc. v. Callidius Capital Corp, 2020 SCC 10 , the Supreme Court of Canada affirmed that:

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Litigation, Baker McKenzie, Due diligence
    Authors:
    Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    US: Distressed M&A - A Road Map for Potential Buyers of Distressed Businesses in Section 363 Bankruptcy
    2020-04-08

    In this type of market environment, one or more of the following scenarios may apply:

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Baker McKenzie, Due diligence, Coronavirus, Committee on Foreign Investment in the United States
    Authors:
    Frank Grese , Michael Nowina
    Location:
    USA
    Firm:
    Baker McKenzie
    United States: Buyer Beware! Buyer’s Good Faith Finding Reversed Due to Buyer’s Failure to Disclose Third Party’s Competing Interest in Purchased Assets
    2022-04-11

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Baker McKenzie, Due diligence
    Authors:
    Frank Grese , Reginald Sainvil
    Location:
    USA
    Firm:
    Baker McKenzie
    Panel clarifies the line of acceptability in exclusivity arrangements
    2010-09-29

    In brief

    Filed under:
    Australia, Competition & Antitrust, Insolvency & Restructuring, Herbert Smith Freehills LLP, Confidentiality, Shareholder, Fiduciary, Interest, Deed, Due diligence
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Opportunities in the wake of collapsed agricultural managed investment schemes
    2010-02-17

    In brief

    Courts have recently approved a number of means by which external administrators can realise value from insolvent agricultural managed investment schemes and deal with the rights of growers and sponsor creditors:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Public company, Liquidation, Tax deduction, Due diligence, Investment funds, Liquidator (law), Constitutional amendment
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Significant developments in schemes
    2010-02-17

    There have recently been a number of significant developments in relation to schemes of arrangement. These include:

    • the Federal Court refusing to make orders convening a meeting of CSR’s shareholders to vote on a demerger proposal by way of scheme, on public policy and commercial morality grounds relating to CSR’s potential asbestos liabilities
    • the Government’s corporate law advisory body recommending significant reforms to the scheme regime, and
    • developments regarding ‘hostile schemes’.

    Each of these developments is discussed below.

    Filed under:
    Australia, Insolvency & Restructuring, Herbert Smith Freehills LLP, Shareholder, Interest, Liability (financial accounting), Due diligence, Voting, Federal Court of Australia
    Authors:
    Andrew Rich
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Pension Disputes Bulletin- May 2022
    2022-05-26

    HERBERT SMITH FREEHILLS

    Pension Disputes Bulletin

    Welcome to the latest edition of our regular pension disputes bulletin. In these bulletins we report on key cases, Ombudsman decisions and regulatory activity and we highlight emerging risks for pension schemes, providers, sponsors, administrators and other service providers.

    In a hurry? In a hurry? Read the `Risk warning', `Takeaways' and `Comment' boxes to find out the key risks, points to note and to read our observations on each case/ development.

    MAY 2022

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Herbert Smith Freehills LLP, Due diligence, Guaranteed minimum pension, Financial Conduct Authority (UK), Information Commissioner's Office (UK), HM Revenue and Customs (UK), UK Supreme Court
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Insurance and Reinsurance Disputes Annual Review 2020
    2021-02-11

    INSURANCE AND REINSURANCE DISPUTES

    2020 REVIEW

    The contents of this publication are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.

    INSURANCE AND REINSURANCE DISPUTES 2020 REVIEW

    Contents

    Preface

    Filed under:
    European Union, United Kingdom, Aviation, Company & Commercial, Competition & Antitrust, Employment & Labor, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Real Estate, Herbert Smith Freehills LLP, Brexit, Employee Retirement Income Security Act 1974 (USA), Money laundering, Mediation, Due diligence, Force majeure, Personal data, Cybersecurity, Coronavirus, GDPR, Solvency II Directive (2009/138/EU), Financial Conduct Authority (UK), European Commission, Barclays, HM Revenue and Customs (UK), CJEU, House of Lords, Court of Justice of the European Union
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Asia Pacific M&A review 2020
    2020-02-24

    In this edition, now in its 7th year, we review the trends and developments in M&A across a wide range of countries and territories in the Asia Pacific region throughout 2019, and discuss our thoughts on the anticipated market trends for 2020 and beyond.

    Asia Pacific M&A in 2019

    Key themes across the 2019 Asia Pacific market include:

    Filed under:
    Asia-Pacific, Corporate Finance/M&A, Environment & Climate Change, Insolvency & Restructuring, Herbert Smith Freehills LLP, Private equity, Due diligence, ESG, Australian Securities and Investments Commission
    Location:
    Asia-Pacific
    Firm:
    Herbert Smith Freehills LLP
    The tax man cometh - floating charges, preferential creditors and priorities
    2021-03-03

    From 1 December 2020 onwards, HMRC will be treated as a preferential creditor of companies for certain taxes including PAYE, VAT, employee NICs and Construction Industry Scheme deductions. In the event that a company enters administration or liquidation, HMRC's claim for these taxes will rank ahead of any floating charge holder.

    This reflects recent changes made to the Finance Act 2020.

    The impact on floating charge holders

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Tax, Taylor Wessing, Due diligence, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Luke Viner , Louise Jennings
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

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