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    Circulating assets come and go, security remains resilient
    2023-08-17

    When do amounts owed to a company constitute ‘circulating assets’ and how should they be distributed? This crucial question has not always been answered predictably in recent cases. The Court of Appeal’s decision in Resilient Investment Group Pty Ltd v Barnet and Hodgkinson as liquidators of Spitfire Corporation Limited (in liq) [2023] NSWCA 118 has provided a framework for navigating the relevant principles in the context of a priority dispute over R&D tax refunds.

    Key takeaways

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Tax, Corrs Chambers Westgarth, Fintech, Corporations Act 2001 (Australia), Personal Property Securities Act 2009 (Australia)
    Authors:
    Craig Ensor
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    A boost for UK financial services
    2023-07-31

    The U.K. Financial Services and Markets Act 2023

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Compliance Management, Insolvency & Restructuring, Public, Trade & Customs, A&O Shearman, Corporate governance, Fintech, Due diligence, Carbon neutrality, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), European Commission, HM Treasury (UK), House of Lords, Bank of England, European Securities and Markets Authority, Prudential Regulation Authority (UK), MiFID, Solvency II Directive (2009/138/EU), Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK), UK Supreme Court
    Authors:
    Barnabas (Barney) Reynolds , Thomas Donegan , Wilf Odgers , Elias Allahyari , Nicholas Ormondroyd , Sandy Collins , Chloe Barrowman , Michael Scargill
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman
    A closer look into the 3 Ms: Monetisation, maturity and market sentiment
    2023-07-18

    Whilst AI is leading the agenda when it comes to the future of technology, fintech still remains the ace in the pack for investors. In fact, fintech businesses contribute more than £10 billion to the UK economy every year – supporting 76,000 jobs.

    Fintechs also tend to outperform firms in other sectors too, with an annualised growth rate of 16% over the past decade, against 1.3% for the average SME.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, FRP Advisory, Fintech, Artificial intelligence, FTX, Silicon Valley Bank
    Authors:
    Daniel Conway
    Location:
    United Kingdom
    Firm:
    FRP Advisory
    Morrison Foerster Banking Disruption Pulse Survey
    2023-04-19

    Overview/Executive Summary

    In response to the recent collapse of several prominent banking institutions, Morrison Foerster conducted a brief poll to gauge how companies and their employees are faring in the wake of these historic events. Our goal is to understand how this situation has impacted these organizations, including delving into which issues and challenges, if any, will be top of mind for business leaders and their respective organizations in the weeks and months ahead.

    Methodology

    Filed under:
    Global, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Fintech
    Authors:
    Alex Iftimie , Brandon L. Van Grack , Jennifer L. Marines , Benjamin Butterfield , Crystal Kaldjob
    Location:
    Global, United Kingdom
    Firm:
    Morrison & Foerster LLP
    Insurance Newsletter - Issue No. 12
    2023-04-13

    IAIS launches climate risk training materials for insurance supervisors

    According to a press release published on April 5th, 2023, the International Association of Insurance Supervisors (IAIS) and the Financial Stability Institute jointly launched new online training materials on climate risk for insurance supervisors.

    Filed under:
    European Union, Malta, Insolvency & Restructuring, Insurance, IT & Data Protection, Ganado Advocates, Fintech, Digital transformation, Confidential information, European Commission, Solvency II Directive (2009/138/EU)
    Location:
    European Union, Malta
    Firm:
    Ganado Advocates
    Australia’s External Administrators Afforded Significant Latitude under IPS 90-15
    2023-04-03

    The Insolvency Practice Schedule (Corporations) (Practice Schedule) was introduced in 2015 via the Insolvency Law Reform Bill 2015. The Practice Schedule was introduced together with the Insolvency Practice Schedule (Bankruptcy) with the intention of providing specific rules to aid in the handling of personal bankruptcies and corporate external administration. 

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Fintech
    Authors:
    Masi Zaki , Kate Spratt
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    The US-Israel legal review 2022
    2023-03-20

    A GLOBAL LEGAL MEDIA & NISHLIS LEGAL MARKETING PUBLICATION THE US-ISRAEL LEGAL REVIEW 2022 IN ASSOCIATION WITH: Israel’s Unicorn Success Story SNNOVATION The US-Israel Legal Review 2022 1 Contents THE US-ISRAEL LEGAL REVIEW 2022 2 WELCOME FROM THE PUBLISHERS Global Legal Media and Nishlis Legal Marketing 4 ECONOMIC HEADWINDS, A HOT WAR AND A TRADE WAR: THE IMPACT ON ISRAEL’S COMPANIES With rising interest rates, rising inflation and reduced growth forecasts, how has that reality been faced by corporate clients and start-ups? Arnon, Tadmor-Levy provide some answers.

    Filed under:
    Global, Israel, USA, New York, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Litigation, Patents, Tax, Trade & Customs, Nishlis Legal Marketing, Foreign direct investment, Corporate governance, Blockchain, Private equity, Patent infringement, Big data, Venture capital, Mediation, Fintech, Due diligence, Artificial intelligence, Cryptocurrency, SIPP, Machine learning, Digital health, ESG, Personal data, Gaming, Cybersecurity, SPAC, ChatGPT, US Securities and Exchange Commission, NASDAQ, International Centre for Settlement of Investment Disputes, Committee on Foreign Investment in the United States, California Privacy Protection Agency, Silicon Valley Bank, Health Insurance Portability and Accountability Act 1996 (USA), GDPR, Federal Arbitration Act 1926 (USA), California Consumer Privacy Act 2018 (USA), California Privacy Rights Act 2020 (USA)
    Location:
    Global, Israel, USA
    Firm:
    Nishlis Legal Marketing
    UK restructuring a year in retrospect
    2023-02-01

    UK Restructuring A YEAR IN RETROSPECT 2 Contents Introduction Birmingham London North West Yorkshire UK team UK Restructuring Employment UK Restructuring Section Header Section Header Contents 3 Robert Russell UK Head of Restructuring +44 (0)161 235 4147 [email protected] 2022 – Unpredictable circumstances It would be fair to say that 2022 was not an easy year.

    Filed under:
    United Kingdom, Derivatives, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Trade & Customs, DLA Piper, Supply chain, Fintech, Airbnb, International Swaps and Derivatives Association
    Location:
    United Kingdom
    Firm:
    DLA Piper
    A new tool in the Goodbox?
    2023-01-26

    The end of 2022 and the start of 2023 has seen a steady uptick in restructuring activity, not only for companies with complex capital structures but also small-to-medium sized enterprises seeking to take advantage of powerful restructuring tools (such as the UK’s Part 26A Restructuring Plan or Super Scheme).

    The case of Goodbox Co Labs Limited (in administration) (Goodbox) is the first example of an individual creditor unilaterally seeking to access the Super Scheme.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper, Fintech, Articles of association, Financial Conduct Authority (UK)
    Authors:
    David Manson , Philip Povey
    Location:
    United Kingdom
    Firm:
    DLA Piper
    FTX’s Collapse - What happened? A drama in four acts.
    2022-12-12

    FTX sounded like the perfect American success story. A twentysomething philanthropic MIT graduate had managed in four years to create one of the largest and most trusted crypto exchange platforms.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, MME Legal Tax Compliance, Fintech, Cryptocurrency
    Authors:
    Dr. Andreas Glarner , Anne-Lorinne Mognetti
    Location:
    USA
    Firm:
    MME Legal Tax Compliance

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