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    Coronavirus/COVID-19 Update
    2020-03-18

    The question is no longer whether the volatility created by the COVID-19 pandemic will deepen the difficulties businesses and other institutions face in the coming months, but by how much and in what ways. In the past few weeks, we have offered client mailings and webinars on COVID-19-related topics, and we will work to keep you informed of important developments as these issues evolve. Included below are updates to our recent commentary, with answers to questions we have been receiving.

    Corporate

    Impact of COVID-19 on M&A

    Filed under:
    USA, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Projects & Procurement, Public, Tax, Skadden Arps Slate Meagher & Flom LLP, Private equity, Renewable energy, Board of directors, Sick leave, Proxy voting, Activist shareholder, Force majeure, Annual general meeting, Directors' duties, Coronavirus, Internal Revenue Service (USA), European Commission, Federal Trade Commission (USA), Google, NASDAQ, US Congress, Family and Medical Leave Act 1993 (USA), Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA), Tax Cuts and Jobs Act 2017 (USA), US District Court for Eastern District of Pennsylvania
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Finding that underlying development agreement was terminated, Delaware Bankruptcy Court disallows claim for rejection damages
    2012-08-16

    On July 9, 2012, Judge Mary F. Walrath of the Bankruptcy Court for the District of Delaware disallowed a claim for rejection damages related to a real estate development agreement, because the claim had been released upon the termination of an LLC Agreement, and the underlying ground lease never came into existence.  In re Magna Entm’t Corp., 2012 Bankr. LEXIS 3089 (Bankr. D. Del. July 9, 2012).  

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Limited liability company, Force majeure, United States bankruptcy court
    Authors:
    Thomas Curtin
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    The sun no longer shines on solar panel maker Solyndra LLC - bankruptcy and the FBI
    2011-09-09

    Well, it was only a matter of time before renewable energy hit the mainstream. By which we mean that the bloom comes off the road as the rubber hits the rose. 

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, McCarter & English LLP, Solar energy, Bankruptcy, Sustainable energy, Renewable energy, Climate change, Force majeure, FBI
    Authors:
    J. Wylie Donald
    Location:
    USA
    Firm:
    McCarter & English LLP
    Dealing with financially distressed purchasers of goods
    2008-11-19

    Sellers should be proactive in taking steps to protect themselves from a distressed buyer’s non-payment.  

    In the current economic downturn, sellers are dealing with many formerly good customers whose financial health is deteriorating. To protect their interests, sellers should assess their rights under applicable contracts and law and develop a strategy to minimize their exposure.

    Step 1 – Assess the Parties’ Contractual Rights

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Insurance, McDermott Will & Emery, Contractual term, Bankruptcy, Credit (finance), Breach of contract, Waiver, Accounts receivable, Default (finance), Force majeure, Payment protection insurance, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    McDermott Will & Emery
    How dispute finance can help distressed energy companies around the globe: Focus on Europe and the Middle East
    2020-08-04

    In the last installment of this 3-part series, Oscar van Rossum du Chattel, a Senior Case Intelligence Manager based in Omni Bridgeway’s Geneva office, and Jonathan Siklos, a Senior Case Intelligence Manager bas

    Filed under:
    European Union, Middle East, Oman, Qatar, Saudi Arabia, United Arab Emirates, Energy & Natural Resources, Insolvency & Restructuring, Projects & Procurement, Fracking, Force majeure, Coronavirus, Office of Foreign Assets Control (USA)
    Location:
    European Union, Kuwait, Middle East, Oman, Qatar, Saudi Arabia, United Arab Emirates
    Commodities Bulletin, October 2022
    2022-10-07

    Welcome to the October 2022 edition of the HFW Commodities bulletin.

    In this extended edition, a number of our partners from across the globe have taken time to reflect on the profound impact of the Russian invasion of Ukraine on the commodities sector. It includes contributions from our offices in Australia, Geneva, London and Singapore, with articles on energy and food security, sanctions, insolvency, regulation, the energy transition and force majeure.

    On the back page, you will find details of the latest news and where you can meet the team next.

    Filed under:
    Australia, European Union, Global, Russia, Ukraine, United Kingdom, USA, Company & Commercial, Derivatives, Energy & Natural Resources, Insolvency & Restructuring, Product Regulation & Liability, Trade & Customs, Supply chain, Mediation, Due diligence, Force majeure, Sanctions, ESG, Coronavirus, Anti-bribery and corruption, Foreign Corrupt Practices Act 1977 (USA), European Commission, US Department of Justice, Office of Foreign Assets Control (USA), Commodity Futures Trading Commission (USA), Bank of England
    Authors:
    Justine Barthe-Dejean
    Location:
    Australia, European Union, Global, Russia, Ukraine, United Kingdom, USA
    Brexit: Keep Calm and Carry On
    2016-07-01

    As the country recovers from the shock outcome of last Thursday’s Referendum, the question which Restructuring professionals must now consider is “what does Brexit mean for me?”. The truth is that nobody really knows. The Referendum decision is not legally binding on the UK Government and the process of the UK leaving the EU will only start once the UK has served formal notice on the EU pursuant to Article 50 of the Treaty on the European Union. This will start a two year negotiation period to effect Brexit.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, Squire Patton Boggs, Lobbying, Brexit, Breach of contract, Climate change mitigation, Supply chain, Internal market, Tariff, Force majeure, Trade barrier, Tax efficiency, Constitutional amendment
    Authors:
    John Alderton , Caroline Castle
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Assessing Your Business Viability and Director Risk Guide
    2021-04-01

    Will your business be financially viable at the end of lockdown? What challenges does 2021 pose? What are the next steps

    Filed under:
    European Union, United Kingdom, Company & Commercial, Employee Benefits & Pensions, Healthcare & Life Sciences, Insolvency & Restructuring, Public, Tax, Squire Patton Boggs, Brexit, Supply chain, Force majeure, Coronavirus, HM Revenue and Customs (UK)
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Assessing Your Business Viability and Director Risk Guide: 13 November 2020
    2020-11-16

    Ongoing uncertainties about the COVID-19 pandemic, coupled with the looming deadline of Brexit, mean businesses and owners are in for a tough ride over the next few months, possibly much longer if the UK continues to face restrictions.

    Filed under:
    European Union, United Kingdom, Company & Commercial, Employee Benefits & Pensions, Healthcare & Life Sciences, Insolvency & Restructuring, Public, Tax, Squire Patton Boggs, Brexit, Force majeure, Coronavirus, HM Revenue and Customs (UK)
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Bargain M&A deals in COVID19 - a guide for CHINESE odi investors
    2020-07-20

    In preparation for a post COVID-19 world, Chinese outbound investors have begun to source for bargain deals in other countries, with markets characterised by corporate restructurings, low prices, depressed valuations, distressed assets, and fire sales. In this article, we briefly set out some suggestions for Chinese outbound investors when entering into bargain M&A deals in this unprecedented M&A landscape.

    Filed under:
    China, Corporate Finance/M&A, Insolvency & Restructuring, King & Wood Mallesons, Due diligence, Force majeure, Coronavirus
    Location:
    China
    Firm:
    King & Wood Mallesons

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