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    Insolvency 2021: trends and developments
    2021-11-30

    Fewer Insolvencies for More Opportunities

    At the end of 2021, corporate bankruptcies (for most company sizes and in most sectors) were at their lowest level compared to the pre-COVID-19 figures from 2019, with a 50% drop in insolvency proceedings and a 10% decrease in pre-insolvency situations. This was largely due to the temporary impact of government emergency measures and support, including:

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, White & Case, Employee Retirement Income Security Act 1974 (USA), Supply chain, Coronavirus
    Authors:
    Saam Golshani , Alexis Hojabr , Alice Leonard
    Location:
    USA
    Firm:
    White & Case
    Privy Council confirms that the so-called “reflective loss” principle applies to ex-shareholders
    2021-08-11

    The Board of the Privy Council has allowed an appeal in relation to the application of the so-called “reflective loss” principle, confirming that the rule falls to be assessed as at the point in time when a claimant suffers loss and not at the time proceedings are brought Primeo Fund v Bank of Bermuda (Cayman) Ltd & Anor (Cayman Islands) [2021] UKPC 22.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Employee Retirement Income Security Act 1974 (USA), UK Supreme Court
    Authors:
    Julian Copeman , Ceri Morgan
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Key Differences between Scottish and English Security - Part 3
    2021-08-11

    In our first and second summaries on the key differences in taking security between Scotland and England, I summarised the positions on the Scots law of assignation and share security respectively.  This is the third summary in that five part series and considers the position on floating charges in Scotland.

    Filed under:
    United Kingdom, Scotland, Banking, Insolvency & Restructuring, Litigation, Morton Fraser MacRoberts, Employee Retirement Income Security Act 1974 (USA)
    Authors:
    Lauren Hart
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts
    How secure are secured liabilities?
    2021-06-14

    When finances become distressed, creditors examine all avenues to recover their debt which can result in any intercreditor agreements being thrown into the spotlight. The recent judgment of Re Arboretum Devon is another helpful reminder to lenders entering into an intercreditor agreement (ICA) that these should be drafted with the worst-case scenario in mind and using the clearest language in order to avoid disputes arising at the time of enforcement.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Employee Retirement Income Security Act 1974 (USA)
    Authors:
    Laura Uberoi , Rosie Marriott
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    A matter of trust: Court backs the use of trust assets to pay liquidators
    2023-02-03

    In Lawrence, Ozifin Tech Pty Ltd (in liq) v AGM Markets Pty Ltd (in liq)[2022] FCA 1478, liquidators of multiple companies were successful in obtaining the declarations and directions they sought regarding the distribution of statutory trust funds, and obtaining payment of their fees from trust assets.

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Employee Retirement Income Security Act 1974 (USA), Australian Securities and Investments Commission, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    Matthew Critchley , Annabelle Browne
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Businesses contemplating reorganization or shutdown should evaluate employment law risks
    2021-04-29

    .A look at relevant employment laws and litigation vulnerabilities that companies, including their owners, officers and directors, should consider before ceasing operations or filing for bankruptcy. 

    Filed under:
    USA, New Jersey, Employee Benefits & Pensions, Employment & Labor, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Employee Retirement Income Security Act 1974 (USA), Coronavirus, Equal Employment Opportunity Commission (USA)
    Authors:
    Wendy Johnson Lario , Scott P. Humphreys , Alan J. Brody
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Taking the Fifth in a Civil Context
    2021-03-11

    In civil disputes — including bankruptcy litigation — it is not uncommon for questions to arise about a client’s potential exposure to criminal liability, whether the client is a party or a witness. Civil litigators must therefore understand the role of the Fifth Amendment privilege against self-incrimination in the civil context.

    Filed under:
    USA, California, Oregon, Washington, Capital Markets, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Lane Powell PC, Employee Retirement Income Security Act 1974 (USA), US Securities and Exchange Commission
    Authors:
    Taylor Washburn
    Location:
    USA
    Firm:
    Lane Powell PC
    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, Financial Conduct Authority (UK), European Commission, Barclays, HM Revenue and Customs (UK), CJEU, Serious Fraud Office (UK), European Medicines Agency, House of Lords, European Free Trade Association, GDPR, Solvency II Directive (2009/138/EU), Court of Justice of the European Union, Employment Appeal Tribunal, Technology and Construction Court
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Liquidation Lessons From 11th Circ. Pension Plan Ruling
    2021-01-20

    This article was originally published in Law360. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors' opinions only.

    In Pension Benefit Guaranty Corp. v. 50509 Marine LLC et al.[1] the U.S. Court of Appeals for the Eleventh Circuit held that the Pension Benefit Guaranty Corp. can recover an employer's defined benefit pension plan termination liability--often millions of dollars--from controlled group members that did not even exist when the contributing employer liquidated years earlier.[2]

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Employee Retirement Income Security Act 1974 (USA), Private equity, Eleventh Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Company law and private M&A: Case law round-up 2020
    2021-01-14
    1. COVID-19
    2. Capital maintenance
    3. Shareh
    Filed under:
    United Kingdom, Company & Commercial, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Travers Smith LLP, Employee Retirement Income Security Act 1974 (USA), Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Carys Clipper , Sarah Lauder
    Location:
    United Kingdom
    Firm:
    Travers Smith LLP

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