Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    An Overview of Shotgun Pleadings in the Federal Courts
    2023-08-07

    Advice that may have served House of Pain in their 1992 hit song, “Jump Around,” to “bring a shotgun” to battle likely does not translate well to plaintiffs in federal litigation contemplating bringing a “shotgun” pleading to court. In this article we explore types of shotgun pleadings identified by courts and outline potential responses to a shotgun pleading.

    Shotgun Pleadings and Relationship to the Federal Rules of Civil Procedure

    Filed under:
    USA, Designs and trade secrets, Insolvency & Restructuring, Litigation, Mintz, Fraud, Fiduciary, Federal Rules of Civil Procedure (USA), Defend Trade Secrets Act 2016 (USA), Eleventh Circuit
    Authors:
    Joseph D. Rutkowski , Peter J. Cuomo
    Location:
    USA
    Firm:
    Mintz
    Knowledge of VAT Fraud
    2023-04-27

    Nicola Sharp of Rahman Ravelli outlines a case where an individual’s knowledge of a tax evasion scheme was key

    A cellphone company director lost his bid to challenge a £1.7 million-plus award against him for VAT fraud when the High Court said he had actual knowledge of his firm's tax evasion scheme.

    In Bhatia v Purkiss [2023] EWHC 775, the High Court rejected an appeal from Deepak Bhatia, the company director of the now-defunct phone company JD Group Ltd, against a ruling from the Insolvency and Companies Court (ICC).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Rahman Ravelli, Fraud, Fiduciary, Tax evasion, Value added tax, HM Revenue and Customs (UK), Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Authors:
    Nicola Sharp
    Location:
    United Kingdom
    Firm:
    Rahman Ravelli
    Company Personality and Insolvency
    2023-01-16

    How is the function of a company’s separate personality altered by insolvency? And to what extent may that give rise to an action in civil fraud? Nicola Sharp of Rahman Ravelli outlines the situation.

    Since the end of the 19th century and the decision in Salomon v A Salomon and Co Ltd [1897] AC 22, it has been settled law that a company has its own separate personality. But as company law and insolvency law have evolved, the function of the company’s separate legal personality has developed.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Rahman Ravelli, Fiduciary, Insolvency, UK Supreme Court
    Authors:
    Nicola Sharp
    Location:
    United Kingdom
    Firm:
    Rahman Ravelli
    ABCs: Judicial Supervision v. Availability of Courts to Resolve Disputes
    2022-11-01

    For some reason, there is a fascination out there (not sure where, exactly) with having every assignment for benefit of creditors (“ABC”) supervised by a court from the get-go. 

    This fascination suggests that every ABC effort requires court action and judicial approvals, from the beginning and throughout the assignment, to assure that everything about the ABC and its administration is on the up-and-up.

    Startling and Puzzling

    This fascination is both startling and puzzling.  Here are some reasons why.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Koley Jessen PC, Fiduciary
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    U.S. Supreme Court Declines Review Ending Shareholder Fraudulent Transfer Litigation in Tribune
    2022-03-07

    After more than a decade, litigation resulting from the failed leveraged buyout (LBO) of media giant Tribune Company has finally drawn to a close. On Feb. 22, 2022, the U.S. Supreme Court declined to review the latest decision of the U.S. Court of Appeals for the Second Circuit in In re Tribune Co. Fraudulent Conveyance Litig., 10 F.4th 147 (2d Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, McGuireWoods LLP, Shareholder, Safe harbor (law), Fiduciary, Malpractice, Clawback/avoidance/preferences/fraudulent transfers, US Congress, Supreme Court of the United States, Second Circuit, U.S. Court of Appeals
    Authors:
    Shawn R. Fox , Sarah B. Boehm , Jacob Matthew Weiss
    Location:
    USA
    Firm:
    McGuireWoods LLP
    Civil Fraud Quarterly Round-Up: Q2 2021
    2021-07-29

    This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period April - June 2021.

    CONTEMPT OF COURT

    Filed under:
    United Kingdom, Family, Insolvency & Restructuring, Litigation, White Collar Crime, Kingsley Napley, Bribery, Injunction, Fiduciary, Abuse of process, Mediation, Contempt of court, HSBC
    Authors:
    Mary Young
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Director Fiduciary Duties: Navigating Insolvency Risk in Newly (COVID-19) Distressed Companies
    2020-04-17

    As COVID-19 related economic disruptions place unprecedented stress on cash flows, the risk of insolvency is a new and growing concern for many businesses. Against the backdrop of a decades-long growth in corporate debt, boards of directors are making decisions that have the potential for pitting the interests of creditors against the interests of equity shareholders.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Troutman Pepper, Shareholder, Fiduciary, Directors' duties, Coronavirus, Insolvency Act 1986 (UK)
    Authors:
    Howard M. Privette , Pamela S. Palmer , Douglas D. Herrmann
    Location:
    USA
    Firm:
    Troutman Pepper
    All the bells and whistles
    2012-11-07

    As noted in our recent insolvency law update, the Western Australian Court of Appeal has recently delivered its judgment (comprising over 1,000 pages) on one of Australia's longest running pieces of litigation: Westpac Banking Corporation v The Bell Group (in liq) [No 3].

    Filed under:
    Australia, Western Australia, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Bond (finance), Fiduciary, Liquidation, Debenture
    Location:
    Australia
    Firm:
    Buddle Findlay
    Bell appeal judgment delivered
    2012-08-17

    The Western Australian Court of Appeal has today delivered its judgment in the appeal of Westpac Banking Corporation v The Bell Group Ltd (in Liq) [2012] WASCA 157 ( The Bell Appeal ).  The Court substantially rejected the appeal.  The decision has important implications for directors, financiers and bondholder investors. It is a salutary reminder for financiers of the consequences of "knowingly receiving" a benefit from a breach of directors' duties. 

    Background

    Filed under:
    Australia, Western Australia, Banking, Insolvency & Restructuring, Litigation, Baker McKenzie, Bond (finance), Security (finance), Fiduciary
    Location:
    Australia
    Firm:
    Baker McKenzie
    Litigation for groups in liquidation
    2010-07-29

    Law clerk, Myles Engelen, discusses the decision of the Supreme Court of New South Wales, in McGrath & Anor re HIH Insurance Ltd approving a proposal to use excess assets of some members of the group to fund claims by the group members.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Piper Alderman, Conflict of interest, Confidentiality, Shareholder, Fiduciary, Interest, Liquidation, Balance sheet, Liquidator (law), Australian Prudential Regulation Authority, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Piper Alderman

    Pagination

    • Current page 1
    • Page 2
    • Page 3
    • Page 4
    • Page 5
    • Page 6
    • Page 7
    • Page 8
    • Page 9
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days