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    Amendments to Singapore's Companies Act Pursuant to the Companies (Amendment) Act 2017
    2017-05-15

    Introduction

    Filed under:
    Singapore, Insolvency & Restructuring, Duane Morris LLP, Share (finance), Public company, Regulatory compliance, Legal personality, Privately held company, Government agency, Deed, Liquidation, Capital punishment, Competitiveness, Debt restructuring, Annual general meeting, Constitutional amendment, Companies Act
    Location:
    Singapore
    Firm:
    Duane Morris LLP
    Four important new laws applicable to businesses and directors to enter into effect on 1 July
    2016-06-30

    On 1 July 2016 four important new laws applicable to businesses and directors will enter into effect.

    Filed under:
    Netherlands, Company & Commercial, Employment & Labor, Insolvency & Restructuring, White Collar Crime, NautaDutilh, Whistleblower, Bankruptcy, Legal personality, Independent contractor, Fraud, Board of directors, Employment contract, Misconduct, Government agency, Tax return (USA), Gross negligence, Chief executive officer
    Authors:
    Geert Raaijmakers , Suzanne Rutten
    Location:
    Netherlands
    Firm:
    NautaDutilh
    “Follow the settlements” in the spotlight
    2007-11-02

    The judgment of the Commercial Court in WASA and AGF v Lexington shows that a “follow settlements” clause in a reinsurance contract will not obviate the need for the reinsured to demonstrate that an inwards settlement falls within the terms and conditions of its outwards reinsurance. Partner Michael Mendelowitz reviews the judgment.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Contractual term, Contamination, Environmental remediation, Pollution, Costs in English law, Government agency, Reinsurance, US Environmental Protection Agency, Washington Supreme Court, Commercial Court (England and Wales)
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Fraudulently Obtained Unemployment Benefits are not Dischargeable in Bankruptcy
    2016-08-26

    State unemployment benefits are paid pursuant to a system that relies on trust. Benefits are paid based on representations made by claimants that they are out of work and that they continue to seek out full-time work. If a claimant finds part-time work, then benefits are reduced accordingly.

    A recent opinion from the United States Bankruptcy Court for the Western District of Michigan (the “Court”) addresses a Chapter 7 debtor’s attempt to discharge a debt owed to the State of Michigan for overpaid unemployment benefits, and penalties and interest stemming from the overpayment.

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, Wage, Bankruptcy, Debtor, Fraud, Government agency, Debt, Unemployment benefits, Collateral estoppel, Bankruptcy discharge, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    DOJ Continues to Monitor Interlocking Corporate Directorates with Restructuring of Tullett Prebon’s Acquisition of ICAP
    2016-08-02

    On July 14, 2016, the US Department of Justice (DOJ) announced that the restructuring of a planned $1.5 billion transaction between Tullett Prebon Group Ltd. (Tullett Prebon) and ICAP plc adequately addresses the DOJ’s concerns that the transaction would violate Section 8 of the Clayton Act by creating an interlocking directorate. The parties restructured their transaction after the DOJ issued a Second Request to adequately investigate the parties post-closing ownership structure.

    Filed under:
    USA, Competition & Antitrust, Insolvency & Restructuring, Litigation, McDermott Will & Emery, Conflict of interest, Corporate governance, Shareholder, Board of directors, Market liquidity, Government agency, US Department of Justice, Clayton Antitrust Act 1914 (USA), US Assistant Attorney General
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Pension Benefit Guaranty Corporation Issues Proposed Rule for Multiemployer Plan Mergers and Transfers
    2016-06-19

    On June 6, 2016, the Pension Benefit Guaranty Corporation (“PBGC”) issued a new proposed rule clarifying the agency’s authority to facilitate the merger of multiemployer pension plans. The rule would implement some of the statutory changes made by the Multiemployer Pension Reform Act of 2014 (“MPRA”).

    Background

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Trucker Huss APC, Employee Retirement Income Security Act 1974 (USA), Government agency, Retirement, Mediation, Fair market value, Valuation (finance), Actuary, Development aid, Pension Benefit Guaranty Corporation, Title IV of the US Code
    Authors:
    Robert Frank Schwartz
    Location:
    USA
    Firm:
    Trucker Huss APC
    Two recent rulings address eligibility for Chapter 9 bankruptcy protection
    2010-05-25

    Two recent rulings have provided significant guidance on the determination of whether an entity is eligible to be a debtor under Chapter 9 of the Bankruptcy Code. On April 26, 2010, the Bankruptcy Court for the District of Nevada issued a decision denying a motion to dismiss the Chapter 11 case of Las Vegas Monorail Company (LVMC) filed by Ambac Assurance Corp. In re Las Vegas Monorail Company (Las Vegas Monorail).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Tax exemption, Debtor, Government agency, Good faith, Internal Revenue Service (USA), Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Dodd-Frank, Title II: where the FDIC and the “orderly liquidation authority” meet the Bankruptcy Code
    2010-08-31

    The FDIC is currently responding to one of the worst financial crises in the history of the nation’s banking system. Sheila Bair, Chairman of the FDIC, expects that 2010 “will be the high water mark for the banking crisis.”1 Just over the last two years, 268 banks have failed in the United States, which is nearly ten times the number of failed banks during the prior eight-year period.2

    Filed under:
    USA, Banking, Insolvency & Restructuring, Morrison & Foerster LLP, Bankruptcy, Shareholder, Board of directors, Government agency, Bailout, Federal Reserve Board, Liquidation, Depository institution, Broker-dealer, Bank holding company, Default (finance), Systemic risk, Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Deposit Insurance Act 1950 (USA)
    Authors:
    Joseph Gabai , Larren M. Nashelsky , Alexandra Steinberg Barrage , Renee L. Freimuth
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Labor and employment issues in special servicer and other third-party management agreements
    2011-04-11

    When a special servicer or third-party manager takes over a distressed asset or franchise, no one thinks about labor and employment issues until a problem surfaces. While a special servicer or third-party manager with its own employees in the area can usually expect a smooth transition, these arrangements often occur in places that are far-removed from the headquarters or home office. A special servicer may simply assume that it is taking over the former operator’s employees, and not think twice about other labor issues.

    Filed under:
    USA, Employment & Labor, Franchising, Insolvency & Restructuring, Baker Donelson Bearman Caldwell & Berkowitz PC, Breach of contract, Discrimination, Government agency, Solicitation, Anti-discrimination law, Equal Employment Opportunity Commission (USA)
    Authors:
    Wesley C. Redmond
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Contemplating Chapter 11 as a “fresh start”? Consider recent developments in environmental claims liability
    2011-04-26

    When a company saddled with potential environmental liabilities seeks bankruptcy protection, the goals of Chapter 11—giving the reorganized debtor a “fresh start” and fairly treating similarly situated creditors—can conflict with the goals of environmental laws, such as ensuring that the “polluter pays.” Courts have long struggled to reconcile this tension.

    Filed under:
    USA, New York, Environment & Climate Change, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Contamination, Environmental remediation, Pollution, Bankruptcy, Debtor, Injunction, Government agency, Liability (financial accounting), US Environmental Protection Agency, Title 11 of the US Code, Second Circuit
    Authors:
    Larren M. Nashelsky , Miles H. Imwalle , Kristin A. Hiensch
    Location:
    USA
    Firm:
    Morrison & Foerster LLP

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