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    UK distressed restructuring - why are ESG issues important?
    2023-07-07

    Companies are under increasing pressure to examine their ESG policies, particularly after the recent COP26 conference. The UK's commitment to achieving net-zero emissions by 2050 has intensified the ESG focus.

    What is ESG?

    ESG, or Environmental, Social and Corporate Governance, is a term used to describe a set of standards that measures a business' environmental and social impact.

    Why is ESG important in a distressed restructuring?

    Filed under:
    United Kingdom, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Taylor Wessing, ESG
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Secured Lending in Canada: A Guide for U.S. Lenders
    2023-06-01

    Close economic ties and interdependence between the US and Canada have been bolstered by free trade policies and intensified global competition, paving the way for continued opportunities for US businesses to tap into the Canadian market. These opportunities have resulted in an active cross-border lending market. In light of this, US lenders who are lending into Canada may encounter, and should be aware of, Canadian-specific legal issues and considerations.

    Filed under:
    Canada, USA, Banking, Capital Markets, Company & Commercial, Corporate Finance/M&A, Environment & Climate Change, Insolvency & Restructuring, IT & Data Protection, Real Estate, Uniform Commercial Code (USA), Office of the Superintendent of Financial Institutions (Canada)
    Location:
    Canada, USA
    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
    Mining in the Courts, Vol. XIII
    2023-03-23

    La 13e édition annuelle de la publication Mining in the Courts fournit une mise à jour complète sur les développements juridiques concernant le secteur minier (disponible en anglais seulement). Cette publication comprend un résumé sur bon nombre des causes les plus importantes, ainsi que des articles offrant un aperçu sur les tendances juridiques actuelles et les défis auxquels l’industrie devra faire face au cours de la prochaine année.

    Voici certains des sujets qui y sont abordés :

    Filed under:
    Canada, Global, Arbitration & ADR, Environment & Climate Change, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP
    Location:
    Canada, Global
    Firm:
    McCarthy Tétrault LLP
    Disclaiming property and contaminated land - increased risks for insolvency practitioners
    2023-03-13

    Liquidators accepting a new appointment will have to think carefully if there's a possibility of disclaiming onerous property as part of that appointment.

    Filed under:
    Australia, Victoria, Environment & Climate Change, Insolvency & Restructuring, Litigation, Real Estate, Clayton Utz, Due diligence, Insolvency, Corporations Act 2001 (Australia), Environment Protection Act 2017 (Victoria) (Australia), Australian Securities and Investments Commission, Victoria Supreme Court
    Authors:
    Nick Poole , Jonathon McRostie , Anthony Burke
    Location:
    Australia
    Firm:
    Clayton Utz
    In Rejecting J&J Bankruptcy Petition, Court Reminds that Financial Distress is a Prerequisite to Bankruptcy
    2023-02-16

    In In re LTL Management, LLC, No. 22-2003 (Jan. 30, 2023), the U.S. Court of Appeals for the Third Circuit had occasion to consider whether an entity that was created solely to house liabilities and file for bankruptcy could, in fact, file for bankruptcy where another entity was contractually obligated to pay those liabilities. The Court dismissed the bankruptcy petition, reasoning that this contractual obligation meant the former entity was not in financial distress and thus could not avail itself of the bankruptcy process.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation
    Location:
    USA
    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
    Debtors and dumping: lessons for Insolvency Practitioners and environmental litigators
    2022-10-06

    On 5 October 2022 a judgment was handed down by the Supreme Court in the case of BTI 2014 LLC v Sequana SA (Sequana) and others.This judgment relates to an insolvency dispute between BTI, the assignee of AWA’s claims, and Sequana. Principally, it concerns which entity should make the payment for an outstanding liability incurred by AWA, arising out of the National Cash Register Company’s (NCR) pollution of the Fox River in Wisconsin. Through a series of restructurings, AWA became liable to indemnify British American Tobacco (BAT) for these costs.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Insolvency, US Environmental Protection Agency, SCOTUS, UK Supreme Court
    Location:
    USA
    US Court of Appeals for the Tenth Circuit decides a CERCLA “judicially approved settlement” is not different in bankruptcy
    2014-06-25

    On July 23, in ASARCO LLC v. Union Pacific Railroad Company, et al. No. 13-1435 (10th Cir.), the Tenth Circuit rejected the notion that settlement requirements are different in the bankruptcy context.  Section 113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Statute of limitations, Tenth Circuit
    Location:
    USA
    Firm:
    Squire Patton Boggs
    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

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