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    Forecast for 2024: The shifting tide of restructuring and insolvency
    2024-01-16

    We find ourselves in a year of transition, with (whisper it) the economy stabilising and an election tipped for the second half of 2024. Surely only a fool, in times such as these, would seek to anticipate what change could unfold in the legal landscape over the next 12 months. Challenge accepted! For 2024 we have dusted off our crystal ball and we set out below our (educated) guesses of what to expect for the year (or two) ahead…

    Implementation of UNCITRAL model law on Enterprise Group Insolvency

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP, Insolvency, UNCITRAL, Bank of England, Insolvency Service (UK)
    Authors:
    Tim Carter , Lucy Trott
    Location:
    European Union, United Kingdom
    Firm:
    Stevens & Bolton LLP
    German avoidance actions essentially in line with EU Directive proposal
    2024-01-15

    Insolvency creditors in Germany do not have much to fear from a harmonisation of avoidance actions in the EU. They are used to rigid statutory provisions.

    Filed under:
    European Union, Germany, Insolvency & Restructuring, CMS Germany, Insolvency, European Commission, Insolvency Regulation (1346/2000) (EU)
    Authors:
    Niklas Lütcke , Stephan M Schubert
    Location:
    European Union, Germany
    Firm:
    CMS Germany
    Harmonisation of insolvency avoidance in Europe
    2024-01-10

    This article continues our Law-Now series "Harmonisation of Insolvency Laws in the EU" in which we provide an overview of the articles addressing insolvency avoidance actions of the draft EU directive.

    As explained in the first part of the series, the differing national insolvency regulations of the 27 EU member states creates risks for investors, who will have to consider their investments in light of possible business failures and the resulting exposure to monetary losses.

    Filed under:
    European Union, Germany, Insolvency & Restructuring, CMS Germany, Insolvency, European Commission, Insolvency Regulation (1346/2000) (EU)
    Authors:
    Dr. Alexandra Schluck-Amend , Dr. Jana Julia Hübler , Kuno von Gizycki
    Location:
    European Union, Germany
    Firm:
    CMS Germany
    Luxembourg’s new Restructuring Law: what about the financial collateral?
    2024-01-08

    On 1 November 2023, the Luxembourg law of 7 August 2023 on business preservation and modernisation of bankruptcy law (the Restructuring Law) entered into force. Despite the new restructuring framework introduced thereby to provide relief to debtors in financial difficulties, the security interests granted under the Luxembourg law of 5 August 2005 on financial collateral arrangements (the Financial Collateral Law) remain a rock-solid tool offering legal certainty to lenders and practitioners.

    Filed under:
    European Union, Luxembourg, Insolvency & Restructuring, Loyens & Loeff, European Parliament
    Authors:
    Natalja Taillefer , Vassiliyan Zanev
    Location:
    European Union, Luxembourg
    Firm:
    Loyens & Loeff
    HFW Disputes Digest 2023
    2024-01-08

    HFW DISPUTES DIGEST 2023

    Welcome to the second annual Disputes Digest, in which we collate our 2023 global HFW LITIGATION and International Arbitration publications in one place.

    This edition includes updates from across our Disputes arena, including England and Wales, BVI, AsiaPac, and the Middle East.

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Compliance Management, Derivatives, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, HFW, Know your customer, Blockchain, Employee Retirement Income Security Act 1974 (USA), Advertising, Climate change, Supply chain, Mediation, Fintech, Due diligence, Carbon neutrality, Cryptocurrency, ESG, Litigation funding, Anti-money laundering, Non-fungible tokens, Metaverse, Anti-bribery and corruption, Greenwashing, US Securities and Exchange Commission, Financial Conduct Authority (UK), Barclays, Consumer Financial Protection Bureau (USA), Google, European Council, Commodity Futures Trading Commission (USA), Competition and Markets Authority (UK), HSBC, Monetary Authority of Singapore, Bank of England, Singapore International Arbitration Centre, FTX, Silicon Valley Bank, Arbitration Act 1996 (UK), Federal Arbitration Act 1926 (USA), Financial Services and Markets Act 2000 (UK), UK Supreme Court
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    HFW
    Private capital: Restructuring and special situations trends to expect in 2024
    2024-01-03

    The last 12 months have seen a steady increase in restructuring and stressed or distressed financing transactions in the European market across a range of sectors, including tech, real estate, hospitality, manufacturing and retail.

    Filed under:
    European Union, USA, Corporate Finance/M&A, Insolvency & Restructuring, Ropes & Gray LLP, Electric vehicle, ESG, SPAC
    Authors:
    Matthew Czyzyk , Natalie Blanc
    Location:
    European Union, USA
    Firm:
    Ropes & Gray LLP
    2024: main new legislation needing to be considered by companies in Spain
    2023-12-29

    2024: main new legislation needing to be considered by companies in Spain 2024 Viewpoint Spain 2 2024: main new legislation needing to be considered by companies in Spain December 2023 Professionals in the various practice areas at Garrigues take a look, from all angles of business law, at the main new legislation that companies will face in the coming year. 2024 promises to be an intense year in terms of statutory and case law.

    Filed under:
    European Union, Spain, Banking, Capital Markets, Company & Commercial, Copyrights, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Garrigues, Offshore wind power, Renewable energy, Artificial intelligence, Digital transformation, Digital economy, Cryptocurrency, ESG, Cybersecurity, Anti-money laundering, Greenwashing, Generative AI, European Commission, European Securities and Markets Authority, EU Artificial Intelligence Act, Court of Justice of the European Union
    Location:
    European Union, Spain
    Firm:
    Garrigues
    The outlook for UK restructuring plans at home and abroad
    2023-12-21

    This article was first published in December 2023 by Law360.

    English schemes of arrangement have long been used to restructure the debts of both English and foreign companies. This has made the UK a center of cross-border restructurings.

    The scheme's more powerful cousin, the restructuring plan, with its ability to cram down entire classes of dissenting creditors, has bolstered the UK's position in the global restructuring market.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Tax, Macfarlanes LLP, Corporate governance, Insolvency, HM Revenue and Customs (UK), Insolvency Regulation (1346/2000) (EU)
    Authors:
    Paul Keddie
    Location:
    European Union, United Kingdom
    Firm:
    Macfarlanes LLP
    Pflichten in der Krise - Gläubiger- vor Gesellschafterinteressen?
    2023-12-20

    Muss die Geschäftsführung in der Krise die Belange der Gläubiger stets vorrangig vor den Gesellschafterinteressen („shift of fiduciary duties“) behandeln?

    Filed under:
    European Union, Germany, Banking, Insolvency & Restructuring, Litigation, CMS Germany
    Authors:
    Rolf Leithaus , Julia Menke
    Location:
    European Union, Germany
    Firm:
    CMS Germany
    Restructuring schemes approved by the Irish High Court for two companies in the Solar 21 renewable energy investment group
    2023-12-20

    Executive summary

    A recent decision of the High Court sanctioned restructuring schemes for two companies in the Solar 21 renewable energy investment group showing once again effective and efficient restructuring tools available in Ireland for companies in need. Below we discuss the main features of the Judgment and the criteria required to be met in order for the schemes to be legally binding and effective pursuant to Part 9 of the Companies Act 2014 (as amended) (the Act).

    What is a Part 9 Scheme of Arrangement?

    Filed under:
    European Union, Ireland, Energy & Natural Resources, Insolvency & Restructuring, Litigation, DLA Piper, Companies Act 2006 (UK), Insolvency Regulation (1346/2000) (EU)
    Authors:
    Gavin Smith
    Location:
    European Union, Ireland
    Firm:
    DLA Piper

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