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    Annual Review of English Construction Law Developments - An international perspective
    2017-06-08

    Annual Review of English Construction Law Developments May 2017 An international perspective CMS_LawTax_CMYK_28-100.eps Contents 3 Introduction 5 The interpretation of exclusion and limitation clauses: clarity restored 9 Good faith in the exercise of termination rights 13 Concurrent delay: recent developments and continued uncertainty 19 Contractual warranties and representations: telling the difference 23 On demand securities: the fraud exception in cases of legal uncertainty 31 On-demand securities: compliance with formalities and the doctrine of strict performance 37 Indirect and consequ

    Filed under:
    United Kingdom, Scotland, Arbitration & ADR, Construction, Energy & Natural Resources, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Court of Appeal of England & Wales, UK Supreme Court, Technology and Construction Court, Commercial Court (England and Wales)
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Calls under performance bonds: leniency trend continues in Scotland
    2017-03-10

    Last year we reported on a decision of the Scottish Court of Session which suggested that greater leniency may apply to the interpretation of performance bonds in Scotland than in England (see our earlier Law-Now here). A further decision from the Court of Session issued last month would appear to support this trend.

    Fife Council v Royal & Sun Alliance Insurance plc

    Filed under:
    United Kingdom, Scotland, Construction, Energy & Natural Resources, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Shona Frame , Aidan Steensma
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Opportunities in oil financing and investment: meeting the industry's capital needs in challenging times
    2015-02-10

    Reduced Liquidity—How Will Oil Companies Feel the Pinch?

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Jones Day, Hedge funds
    Authors:
    Omar Samji
    Location:
    USA
    Firm:
    Jones Day
    Risk and opportunity amid falling oil prices
    2014-12-02

    The mainstream media have been trying to predict, on almost a daily basis, the causes of, and the winners and losers (mostly focused on the latter category) resulting from, the current volatility in oil and gas prices.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jones Day, Market liquidity
    Authors:
    Thomas A. Howley , Omar Samji , Jeffrey A. Schlegel , Jonathan M. Fisher , Paul M. Green
    Location:
    USA
    Firm:
    Jones Day
    Your Energy Resource - Oct. 2016
    2016-10-25

    Bankruptcy

    At the risk of stating the obvious, the collapse of oil and gas prices in the last several quarters has had a profound impact on the industry. Some E & P companies have been able to weather this storm, but other have not been so fortunate. In the time between 2014 and September 14, 2016, 102 oil and gas producers with cumulative debts of over $67 billion, 13 midstream companies with cumulative debts of over $17 billion and 132 oilfield service companies with cumulative debts of over $14 billion have filed bankruptcy petitions.

    Filed under:
    USA, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Stoll Keenon Ogden PLLC, Bankruptcy
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Congress Passes $2.2 Trillion COVID-19 Stimulus Bill
    2020-03-27

    On Friday, March 27, 2020, the U.S. House of Representatives voted to approve the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) submitted by the Senate and President Trump just signed the bill. The bill provides for $2.2 trillion in emergency aid to ease the financial impact of the COVID-19 crisis.

    Filed under:
    USA, Aviation, Banking, Energy & Natural Resources, Healthcare & Life Sciences, Insolvency & Restructuring, Leisure & Tourism, Private Client & Offshore Services, Public, Tax, White & Case LLP, Private equity, Donald Trump, Coronavirus, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Tax Cuts and Jobs Act 2017 (USA), CARES Act 2020 (USA), US Senate, US House of Representatives
    Authors:
    J. Mark Gidley
    Location:
    USA
    Firm:
    White & Case LLP
    A Primer On Administrative Expense Claims From An Oil And Gas Bankruptcy Case
    2020-07-09

    This post provides a quick primer on the administrative expense claims. These claims are entitled to priority for actual and necessary goods and services supplied to a debtor in bankruptcy. For a claim to qualify for administrative expense status, a debtor must request that the claimant provide goods and services post-petition or induce the claimant to do so. The goods or services must result in a benefit to the bankruptcy estate. And the claimant bears the burden of proof that a claim qualifies for priority treatment under 11 U.S.C. § 503(b)(1)(A).

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Brown and Out: PG&E Bankruptcy Expected to Have Impacts in California and Beyond
    2019-01-25

    On January 14, 2019, facing “billions of dollars in liability claims from two years of deadly wildfires,”[i] PG&E Corporation and its regulated utility subsidiary, Pacific Gas and Electric Company, reported that they expect to file petitions under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Northern District of California on or about January 29, 2019.

    Filed under:
    USA, California, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, United States bankruptcy court
    Authors:
    Brian P. Guiney
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Venezuelan Debt Crisis: Serious Financial Problems Plague the South American Country
    2017-11-16

    Perhaps this is one of the first articles you’re reading about the debt crisis in Venezuela. It won’t be the last. The situation there is bad and will get worse.

    Filed under:
    USA, Venezuela, Banking, Energy & Natural Resources, Insolvency & Restructuring, Trade & Customs, Patterson Belknap Webb & Tyler LLP, Debt
    Authors:
    Daniel A. Lowenthal
    Location:
    USA, Venezuela
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Sixth Circuit Holds Bankruptcy Court Has Jurisdiction Over Rejection of Power Purchase Agreements
    2020-01-08

    The Bottom Line

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Debtor, FERC, Sixth Circuit
    Authors:
    Priya K. Baranpuria , Matthew D. Friedrick
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP

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