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    Conducting Business in Ukraine 2016
    2016-05-11

    Conducting Business in Ukraine 2016 Conducting Business in Ukraine 2016 Conducting Business in Ukraine 2016 Baker & McKenzie Renaissance Business Center 24 Bulvarno-Kudriavska (Vorovskoho) St.

    Filed under:
    Ukraine, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, Intellectual Property, Internet & Social Media, IT & Data Protection, Litigation, Product Regulation & Liability, Real Estate, Tax, Trade & Customs, White Collar Crime, Baker McKenzie
    Location:
    Ukraine
    Firm:
    Baker McKenzie
    Mothballing businesses: survival through the lockdown and beyond
    2020-03-24

    As we see more businesses having to close doors or adapt to a new set of rules, we set out a summary of some of the issues we anticipate for those needing to shut down but preserve their businesses at least until the lockdown is over. We will produce a more detailed client alert as matters develop although one message is clear – employers, employees, suppliers and customers are facing unique challenges and the best way to survive is to identify the issue, understand the options, and engage with pragmatism.

    Employees

    Filed under:
    United Kingdom, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, Public, Squire Patton Boggs, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Susan Kelly , Mark Prior
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Pre-administration rents - disappointment for landlords
    2012-04-05

    Landlords have lost round two in the ongoing battle as to whether rent should be paid as an expense of the administration. The decision of the Court last week in the X-Leisure / Luminar case was in favour of administrators.

    Following the Goldacre case, if an administrator is using the property for the purposes of the administration on the quarter day then the full quarter’s rent is payable as an expense of the administration.  What was not clear, was whether if the administrator was appointed just after the quarter day rent was payable as an expense. 

    Filed under:
    United Kingdom, Environment & Climate Change, Insolvency & Restructuring, Litigation, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP, Landlord
    Authors:
    Danielle Drummond-Brassington
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    OFT to examine organic waste sector
    2011-01-25

    On 21 January, the Office of Fair Trading (“OFT”) announced that it would carry out a market study, supported by Ofwat, the UK water and sewerage regulator, looking at the market for treatment of organic waste. The study will look at whether the market is working effectively to deliver the best outcomes for customers. The OFT decided to launch this study after considering a proposal and request from Ofwat. The OFT will lead on the study and utilise its experience in conducting market studies and of the municipal, commercial and industrial organic waste sectors.

    Filed under:
    United Kingdom, Competition & Antitrust, Environment & Climate Change, Insolvency & Restructuring, Mayer Brown, Office of Fair Trading
    Authors:
    Gillian Sproul
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Environmental issues in corporate insolvency
    2010-12-23

    The implications of taking an appointment over an insolvent business which is regulated by environmental law can be far reaching. Environmental regulation has become more stringent and the sanctions for breach can leave the IP exposed to liability, including (amongst other things) costs sanctions.

    The main environmental regimes referred to in this update are the contaminated land and water pollution regimes.

    Filed under:
    United Kingdom, Environment & Climate Change, Insolvency & Restructuring, BDB Pitmans LLP, Contamination, Environmental remediation, Pollution, Consideration, Due diligence, Water pollution, Environmental Protection Act 1990 (UK)
    Authors:
    Suzanne Brooker , Adrian Wilmot
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    US Bankruptcy Court Finds that CERCLA § 104(e) Request and National Priority Listing Do Not Constitute “Claims” Under New York Law
    2019-06-24

    Buyers and sellers of contaminated properties will want to take note of the June 3, 2019 ruling from the U.S. Bankruptcy Court for the Northern District of New York. In a 14-page opinion, Judge Cangilos-Ruiz ruled that neither a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 104(e) information request nor a National Priority Listing regarding a polychlorinated biphenyl (PCB)-contaminated section of the Black River constitute “claims” under New York law.

    Filed under:
    USA, New York, Environment & Climate Change, Insolvency & Restructuring, Litigation, Beveridge & Diamond PC, Due diligence, Escrow
    Location:
    USA
    Firm:
    Beveridge & Diamond PC
    An old chestnut revisited: directors' duties
    2019-06-04

    This was a Court of Appeal decision which focused on s423 Insolvency Act 1986, as well as the ambit of directors' duties to creditors in a distressed company scenario. The below summary relates to the courts' analysis of the latter issue.

    Facts

    Appleton Papers Inc (API) was a wholly owned subsidiary of BAT Industries plc (BAT).

    Filed under:
    USA, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Taylor Wessing, High Court of Justice (England & Wales)
    Location:
    USA
    Firm:
    Taylor Wessing
    Impermissible Third-Party Release Provisions Render a Plan “Patently Unconfirmable” in the Sixth Circuit
    2019-04-05

    Ruling from the bench on April 4, Bankruptcy Judge Alan Koschik of the United States Bankruptcy Court for the Northern District of Ohio denied approval of a disclosure statement proposed by FirstEnergy Solutions Corp. because the plan it described was “patently unconfirmable.”[1]

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, United States bankruptcy court, Sixth Circuit
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Tenth Circuit Addresses Issues of 363(m) and Equitable Mootness in a Nonbankruptcy Appeal
    2019-01-10

    The Bankruptcy Protector

    On January 3rd, the United States Court of Appeals for the Tenth Circuit issued an opinion in U.S. v. Parish Chemical Company, in which it addressed the issue of equitable mootness in a non-bankruptcy appeal.

    Facts of the Case

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Environmental Obligations in United States Bankruptcy Actions: An Analysis of Two Key Issue
    2018-04-06

    There are unique and competing interests between the United States Bankruptcy Code1 and federal and state environmental laws. One of the primary purposes of the Bankruptcy Code is to allow a debtor to have a "fresh start." On the other hand, environmental laws are intended to require responsible parties to comply with environmental standards for the protection of human health and the environment. As a result of these competing interests, there has been extensive litigation related to the interplay between the bankruptcy and environmental regimes.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, K&L Gates LLP, US Environmental Protection Agency, United States bankruptcy court, Third Circuit, Sixth Circuit, US District Court for the Southern District of New York, First Circuit, US District Court for Western District of Pennsylvania
    Authors:
    Dawn M. Lamparello , Sven T. Nylen , Emily S. Tabak
    Location:
    USA
    Firm:
    K&L Gates LLP

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