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    Funds Insider | Issue 8
    2023-03-30

    As the economic headwinds indicate that borrowers will continue to face financial pressures in 2023 and beyond, lenders are seeking ways to exercise more leverage as “covenant-lite” facilities prevail. Material adverse change clauses in finance documents UK and US perspective By Olga Galazoula, Jacques McChesney and Charlotte Harvey 4 FUNDS INSIDER FUNDS INSIDER 5 The event relied upon by the lender to enforce this clause was the making of an arbitration award that could potentially result in significant damages being awarded against the borrower.

    Filed under:
    Luxembourg, United Kingdom, USA, Capital Markets, Company & Commercial, Corporate Finance/M&A, Environment & Climate Change, Insolvency & Restructuring, Litigation, Real Estate, Libor, Private equity, Climate change, Supply chain, Mediation, Due diligence, Carbon neutrality, Euribor, ESG, Anti-money laundering, COP26, Economic Crime (Transparency and Enforcement) Act 2022 (UK), House of Lords
    Location:
    Luxembourg, United Kingdom, USA
    The US-Israel legal review 2022
    2023-03-20

    A GLOBAL LEGAL MEDIA & NISHLIS LEGAL MARKETING PUBLICATION THE US-ISRAEL LEGAL REVIEW 2022 IN ASSOCIATION WITH: Israel’s Unicorn Success Story SNNOVATION The US-Israel Legal Review 2022 1 Contents THE US-ISRAEL LEGAL REVIEW 2022 2 WELCOME FROM THE PUBLISHERS Global Legal Media and Nishlis Legal Marketing 4 ECONOMIC HEADWINDS, A HOT WAR AND A TRADE WAR: THE IMPACT ON ISRAEL’S COMPANIES With rising interest rates, rising inflation and reduced growth forecasts, how has that reality been faced by corporate clients and start-ups? Arnon, Tadmor-Levy provide some answers.

    Filed under:
    Global, Israel, USA, New York, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Litigation, Patents, Tax, Trade & Customs, Foreign direct investment, Corporate governance, Blockchain, Private equity, Patent infringement, Big data, Venture capital, Mediation, Fintech, Due diligence, Artificial intelligence, Cryptocurrency, SIPP, ESG, Personal data, Gaming, Cybersecurity, SPAC, Health Insurance Portability and Accountability Act 1996 (USA), GDPR, Federal Arbitration Act 1926 (USA), California Consumer Privacy Act 2018 (USA), US Securities and Exchange Commission, NASDAQ, International Centre for Settlement of Investment Disputes, Committee on Foreign Investment in the United States, ChatGPT, Silicon Valley Bank
    Location:
    Global, Israel, USA
    From Red to Black 2023 edition: Market overview
    2023-03-13

    Welcome to the 2023 edition of "From Red to Black", our annual review of significant developments and topical issues in the Australian restructuring and insolvency market.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Clayton Utz, ESG, Insolvency
    Authors:
    Timothy Sackar , Orla McCoy
    Location:
    Australia
    Firm:
    Clayton Utz
    Fraud fundamentals: civil fraud trends and predictions
    2022-12-22

    In times of economic uncertainty, fraud typically increases. And these are certainly economically uncertain times. Fraud has been on the rise over recent years and that trend is set to continue. The motivation and opportunity to commit fraud increases as financial pressures loom over individuals and businesses. We are also set to see a continued increase in insolvencies as the impact of the pandemic and other global events set in. The appointment of insolvency practitioners means frauds which might have otherwise continued or remained concealed are more likely to be uncovered.

    Filed under:
    United Kingdom, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Public, White Collar Crime, Taylor Wessing, Supply chain, ESG, Anti-bribery and corruption, Financial Conduct Authority (UK)
    Authors:
    Lorna Bramich
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    FTX Group Files for Bankruptcy
    2022-11-11

    The landscape of digital assets, blockchain and related technologies is constantly evolving. Each quarter, Ropes & Gray attorneys analyze government enforcement and private litigation actions, rulings, settlements, and other key developments in this space. We distill the flood of industry headlines so that you can identify and manage risk more effectively.

    Filed under:
    USA, Insolvency & Restructuring, Blockchain, ESG
    Location:
    USA
    Jurisdiction in insolvency proceedings: unchartered territory beyond Galapagos
    2022-10-10

    While the timing of competing English and German insolvency applications in Re Galapagos allowed for clear determination of jurisdiction under the UK Insolvency Regulation, there remains potential uncertainty as to how similar competing applications made following 31 December 2020 will be resolved in the post-Brexit environment.

    Background

    Filed under:
    European Union, Germany, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Public, White & Case LLP, Brexit, ESG, Insolvency, Federal Court of Justice
    Authors:
    Ian Wallace
    Location:
    European Union, Germany, United Kingdom
    Firm:
    White & Case LLP
    Commodities Bulletin, October 2022
    2022-10-07

    Welcome to the October 2022 edition of the HFW Commodities bulletin.

    In this extended edition, a number of our partners from across the globe have taken time to reflect on the profound impact of the Russian invasion of Ukraine on the commodities sector. It includes contributions from our offices in Australia, Geneva, London and Singapore, with articles on energy and food security, sanctions, insolvency, regulation, the energy transition and force majeure.

    On the back page, you will find details of the latest news and where you can meet the team next.

    Filed under:
    Australia, European Union, Global, Russia, Ukraine, United Kingdom, USA, Company & Commercial, Derivatives, Energy & Natural Resources, Insolvency & Restructuring, Product Regulation & Liability, Trade & Customs, Supply chain, Mediation, Due diligence, Force majeure, Sanctions, ESG, Coronavirus, Anti-bribery and corruption, Foreign Corrupt Practices Act 1977 (USA), European Commission, US Department of Justice, Office of Foreign Assets Control (USA), Commodity Futures Trading Commission (USA), Bank of England
    Authors:
    Justine Barthe-Dejean
    Location:
    Australia, European Union, Global, Russia, Ukraine, United Kingdom, USA
    Outlook from offshore: how ESG is changing the narrative
    2021-12-14

    The offshore industry is thriving but ESG is adding new priorities both to transactions and to the way firms are being run, according to a new report by Reports Legal featuring Ogier's global managing partner Edward Mackereth.

    With record deal activity across service lines this year, Ogier has been busier than ever in the past 12 months.

    "Corporate has had a stellar year with all the M&A transactions and SPACs," said Edward.

    Filed under:
    Hong Kong, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Public, Ogier, Private equity, Supply chain, ESG, Coronavirus, SPAC
    Location:
    Hong Kong
    Firm:
    Ogier
    Financial Institutions Horizons 2021
    2020-12-16

    We are delighted to share with you our Financial Institutions Horizons 2021, which provides a snapshot of key legal topics and market trends across the globe, shaping the future of the financial institutions market.

    Filed under:
    European Union, Germany, Netherlands, United Kingdom, USA, Banking, Insolvency & Restructuring, Public, Trade & Customs, Hogan Lovells, Brexit, Libor, Sanctions, ESG, Cybersecurity, Coronavirus, European Commission
    Location:
    European Union, Germany, Netherlands, United Kingdom, USA
    Firm:
    Hogan Lovells
    Looking Ahead | How ESG may affect refinancings and restructurings of Covid-era debt
    2021-04-22

    As the focus on ESG issues intensifies in the financial markets, we have seen institutional investors demand more in these areas, in terms of both disclosures and concrete targets, from banks and funds. Meanwhile, emerging regulations, and reforms designed to help meet climate change targets and to enhance corporate governance, sustainability and environmental and social responsibility are underway. How will refinancings and restructurings of the significant amount of corporate debt coming out of COVID be affected by such winds of change?

    Filed under:
    European Union, United Kingdom, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Public, Mayer Brown, Corporate governance, Private equity, Due diligence, ESG, Coronavirus, UK Supreme Court
    Authors:
    Michael Fiddy
    Location:
    European Union, United Kingdom
    Firm:
    Mayer Brown

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