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    Intellectual property: Cross-border joint ventures
    2021-12-02

    In certain sectors, in particular in technology and life sciences, it is common for companies to combine forces in order to maximise business opportunities. Only rarely can a single company undertake every aspect of (for example) invention, development and exploitation by itself. A company may decide to contract out such activities, or to collaborate with a third party with different skills or resources. Such a collaboration may take the form of a joint venture.

    Filed under:
    European Union, United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Patents, Slaughter and May, Brexit, Due diligence, European Patent Office, Unified Patent Court
    Location:
    European Union, United Kingdom
    Firm:
    Slaughter and May
    Insolvency 2021: Law and Practice
    2021-11-30

    1. State of the Restructuring Market

    1.1 Market Trends and Changes

    State of the Restructuring and Insolvency Market

    There were 27,359 insolvencies in France as of the end of September 2021, down 25.1% from the same period in 2020, and down 47.9% from September 2019. Such reduction is relatively stable across all sectors, including those most severely affected by the health-related restrictions, such as accommodation and food services (down 44.2% year-on-year) and trade (down 28.1% year on year).

    Filed under:
    Global, USA, Banking, Insolvency & Restructuring, Insurance, Real Estate, White & Case, Due diligence, Coronavirus, Solvency II Directive (2009/138/EU)
    Authors:
    Saam Golshani , Alexis Hojabr , Alice Leonard , Amélie Jungbluth
    Location:
    Global, USA
    Firm:
    White & Case
    Case Update: Second Circuit Breathes New Life Into Madoff Trustee's Efforts to Recover Ponzi Scheme Payments
    2021-11-15

    In In re Bernard L. Madoff Investment Securities LLC, 12 F.4th 171 (2d Cir. 2021), the U.S. Court of Appeals for the Second Circuit revived litigation filed by the trustee administering the assets of defunct investment firm Bernard L. Madoff Inv. Sec. LLC ("MIS") seeking to recover hundreds of millions of dollars in allegedly fraudulent transfers made to former MIS customers and certain other defendants as part of the Madoff Ponzi scheme.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, White Collar Crime, Jones Day, Due diligence, Ponzi scheme, Trustee, Second Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Preparing for supply-chain breakdown
    2021-11-05

    As the UK emerges from the COVID-19 pandemic, the domestic construction industry can look forward to a bright but challenging future. Mortgages are at record lows; housing demand remains high and the wider economy is in optimistic mood. However, businesses are experiencing challenges associated with sourcing raw materials, staff shortages and the prospect that more companies will likely fail as government business support measures tail off.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Stevens & Bolton LLP, Due diligence, Coronavirus
    Authors:
    Stephen Rockhill , Tim Carter
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Caffè Nero CVA challenged rejected
    2021-10-29

    The English High Court has rejected a challenge to the CVA proposed by Caffè Nero in a decision that provides guidance on the use of the electronic voting procedure for votes on CVAs, the effectiveness of modifications made to a CVA during the process and the duties of the directors and nominees when considering last minute offers for a business in a restructuring scenario. Mr Justice Green rejected all grounds of challenge brought by Mr Ronald Young, a landlord to Nero Holdings Limited ("NHL").

    Filed under:
    United Kingdom, Insolvency & Restructuring, Mayer Brown, Due diligence, Coronavirus
    Authors:
    Sheena Frazer , Ben Ward
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Q2 2021 Insolvencies: Crunching the Numbers and Keeping Good Faith - Davies Insolvency Now, Issue 3
    2021-10-22

    Contents Living in a COVID-19 World Most of us have stopped asking, “When will it be over?” and have started wondering how we can live with COVID-19 – and how it will change our behaviour from now on. In the context of restructuring, as we saw during the recent Canadian federal election, bankruptcy and insolvency have become topics of increased interest in political and wider circles. This might mean we can expect a greater focus on regulatory reform in this area.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Davies Ward Phillips & Vineberg LLP, Supply chain, Due diligence, Coronavirus, British Columbia Supreme Court
    Location:
    Canada
    Firm:
    Davies Ward Phillips & Vineberg LLP
    Between the lines- October 2021
    2021-10-26

    Between the lines... For Private Circulation-Educational & Information purpose only Vaish Associates Advocates… Distinct. By Experience. I. Supreme Court: Once the resolution plan is approved by the Committee of Creditors and submitted to the Adjudicating Authority, a successful resolution applicant cannot withdraw or modify the resolution plan The Hon’ble Supreme Court (“SC”) has held in its judgment dated September 13, 2021, in the matter of Ebix Singapore Private Limited v. Committee of Creditors of Educomp Solutions Limited and Another (Civil Appeal No.

    Filed under:
    India, Singapore, Arbitration & ADR, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Due diligence, Coronavirus, Singapore International Arbitration Centre, Supreme Court of India
    Location:
    India, Singapore
    Firm:
    Vaish Associates Advocates
    Measures Relating to Business Turnaround During and Post-Covid-19 in Japan
    2021-10-06

    Hajime Ueno, Masaru Shibahara and Hiroki Nakamura, Nishimura & Asahi

    This is an extract from the 2022 edition of GRR's the Asia-Pacific Restructuring Review. The whole publication is available here.

    In summary

    Filed under:
    Japan, Insolvency & Restructuring, Litigation, Global Restructuring Review, Private equity, Supply chain, Due diligence, Digital transformation, Coronavirus
    Location:
    Japan
    Firm:
    Global Restructuring Review
    Thought Leaders - GIR 2021: James Pomeroy
    2021-09-30

    “James has incredible financial, audit and technology skills” “James has an excellent ability to organise and interpret large quantities of data to develop successful strategies” “He stands out for his insolvency law knowledge”

    Questions & Answers

    Filed under:
    British Virgin Islands, Company & Commercial, Insolvency & Restructuring, Who’s Who Legal, Due diligence, Coronavirus
    Location:
    British Virgin Islands
    Firm:
    Who’s Who Legal
    Significant developments in the UK's insolvency regime: a creditor's perspective
    2021-09-30

    In this article we look at current trends and developments at the intersection between insolvency and dispute resolution, including a rundown of some of the latest legislative changes, and issues to consider when litigating against parties in financial distress.

    This analysis was first published on Lexis®PSL on 27 September 2021 and is republished with their kind permission.

    Corporate Insolvency and Governance Act 2020

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Hogan Lovells, Corporate governance, Due diligence, Coronavirus, Commercial tenant
    Authors:
    John Tillman , Oliver Humphrey , Danny Knowles
    Location:
    United Kingdom
    Firm:
    Hogan Lovells

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