HFW Disputes Digest 2023

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
Private capital: Restructuring and special situations trends to expect in 2024

The last 12 months have seen a steady increase in restructuring and stressed or distressed financing transactions in the European market across a range of sectors, including tech, real estate, hospitality, manufacturing and retail.

Filed under:
European Union, USA, Corporate Finance/M&A, Insolvency & Restructuring, Ropes & Gray LLP, Electric vehicle, ESG, SPAC
Authors:
Matthew Czyzyk , Natalie Blanc
Location:
European Union, USA
Firm:
Ropes & Gray LLP
Court of Appeal summaries (December 18-22)

Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 18, 2023.

Filed under:
Canada, Ontario, Banking, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Real Estate, Blaney McMurtry LLP, Due diligence, ESG, Court of Appeal for Ontario
Authors:
John Polyzogopoulos , Ines Ferreira
Location:
Canada
Firm:
Blaney McMurtry LLP
2024: main new legislation needing to be considered by companies in Spain

2024: main new legislation needing to be considered by companies in Spain 2024 Viewpoint Spain 2 2024: main new legislation needing to be considered by companies in Spain December 2023 Professionals in the various practice areas at Garrigues take a look, from all angles of business law, at the main new legislation that companies will face in the coming year. 2024 promises to be an intense year in terms of statutory and case law.

Filed under:
European Union, Spain, Banking, Capital Markets, Company & Commercial, Copyrights, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Garrigues, Offshore wind power, Renewable energy, Artificial intelligence, Digital transformation, Digital economy, Cryptocurrency, ESG, Cybersecurity, Anti-money laundering, Greenwashing, Generative AI, European Commission, European Securities and Markets Authority, EU Artificial Intelligence Act, Court of Justice of the European Union
Location:
European Union, Spain
Firm:
Garrigues
FIG Top 5 at 5 - 21/12/2023

1. Department of Finance publishes its Feedback Statement on the National Discretions contained within MiCA

Filed under:
European Union, Banking, Capital Markets, Environment & Climate Change, Insolvency & Restructuring, Insurance, White Collar Crime, Matheson LLP, Due diligence, Cryptocurrency, ESG, Anti-money laundering, European Commission, European Insurance and Occupational Pensions Authority, European Securities and Markets Authority, Solvency II Directive (2009/138/EU)
Location:
European Union
Firm:
Matheson LLP
2023 recap - what’s new for creditors in Germany on insolvency claw-back?

As the festive season approaches, it is time to take stock of the three 2023 most important decisions of the German Federal Court of Justice (Bundesgerichtshof, BGH) on claw-back issues in insolvency.

Filed under:
Germany, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, ESG, Insolvency, Federal Court of Justice
Authors:
Susanne Hoerrmann , Lars Westpfahl , Patrick Schroeder , Kristina Weiler , Sonja Vidal , Dr. Tom Dittmar
Location:
Germany
Firm:
Freshfields Bruckhaus Deringer
Mitigating against supply chain issues in the Mobility & Infrastructure sector

What is causing supply chain pressure and how can you spot the red flags?

Increase in insolvencies

Insolvency rates in the manufacturing and construction industries are higher than pre-pandemic levels and are showing an upward trend on a year-by-year basis since 2021.

Filed under:
United Kingdom, USA, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Osborne Clarke, Supply chain, Due diligence, ESG
Authors:
Duncan Gorst , Tom Andrews
Location:
United Kingdom, USA
Firm:
Osborne Clarke
Corporate Law Update: 4 - 10 November 2023

This week:

Filed under:
United Kingdom, Capital Markets, Company & Commercial, Compliance Management, Environment & Climate Change, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Corporate governance, Gender pay gap, Articles of association, Cryptocurrency, ESG, Financial Conduct Authority (UK), Corporate Governance Code 2018 (UK)
Authors:
Dominic Sedghi , Richard Burrows
Location:
United Kingdom
Firm:
Macfarlanes LLP
Insurance Quarterly Legal and Regulatory Update: 1 July 2023 - 30 September 2023

1. SOLVENCY II 1.1 Solvency II Directive review: ECON agrees position on Solvency II Directive review On 27 July 2023, the European Parliament’s Committee on Economic and Monetary Affairs (ECON) published a report on its agreed position on the Proposal for a Directive amending the Solvency II Directive1 (Proposed Directive).

Filed under:
European Union, Ireland, Banking, Capital Markets, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, White Collar Crime, Dillon Eustace LLP, Climate change, Big data, Electric vehicle, Due diligence, ESG, Personal data, Anti-money laundering, Data privacy, Greenwashing, European Commission, European Parliament, European Council, European Insurance and Occupational Pensions Authority, Central Bank of Ireland, European Securities and Markets Authority, European Data Protection Board, GDPR, Solvency II Directive (2009/138/EU), Sustainable Finance Disclosure Regulation (2019/2088/EU)
Location:
European Union, Ireland
Firm:
Dillon Eustace LLP
Nachhaltigkeit in der Krise und Insolvenz - Fluch oder Segen?

Die Implementierung von ESG-Vorgaben im Krisenfrüherkennungssystem und deren Einhaltung ist ein (gewichtiger) Bestandteil zum krisenresilienten Unternehmen.

Filed under:
Germany, Environment & Climate Change, Insolvency & Restructuring, CMS Germany, ESG
Authors:
Dr. Alexandra Schluck-Amend , Pit-Johannes Wagner
Location:
Germany
Firm:
CMS Germany