As the Maryland legislative session begins to heat up, we have been tracking several bills that would impact financial services providers. One bill of interest is House Bill 254, titled: Commercial Law – Credit Regulation – Predatory Loan Prevention (True Lender Act).
Our analysis of a recent court judgment in the ongoing liquidation of the high profile crypto-asset hedge fund Three Arrows Capital is by Nicholas Brookes and Romauld Johnson, part of Ogier's BVI team representing the joint liquidators.
Read our update on crypto insolvency issues from Three Arrows, which illustrates implications of the judgment including
1. The Joint Official Liquidators of FTX Digital Markets Ltd. (Brian Simms KC, Peter Greaves and Kevin Cambridge) (“the JOLS”) have entered into a Global Settlement Agreement (“GSA”) with the Chapter 11 Debtors of the FTX Companies ( approximately 130 FTX Companies which filed for Chapter 11 on 11th November 2022).
It’s no secret that the Government is looking for the UK to become a leader in the crypto market while increasing its regulation. This balancing act will become even more prevalent in the English courts over the next couple of years when it comes to restructuring and insolvency.
此前我们在《从“License-in”转型“License-out”——你的“自主知识产权”成色几何?》中对企业在开展License-out过程中涉及的知识产权侵权问题进行了梳理,并提出了实操建议供企业参考。此外,在技术许可交易中,还有一个此前常被中国企业在技术交易中忽略的问题,即技术许可方破产对技术许可的影响。随着中国技术类企业正逐步从技术引进(“License-in”)转向技术输出(“License-out”),中国企业也时常碰到境外被许可方提出的“破产保护”诉求。我们将在本文中对该问题进行探讨,并对国外常见的应对方案“技术托管”进行较为详细的介绍。
一、许可方破产对技术许可合同的影响
#1: Artificial Intelligence
The impact of artificial intelligence on the legal profession was a hot topic in 2023, with the English judiciary receiving guidance on the use of the technology. Debate on the role and regulation of AI is likely to continue throughout 2024, particularly as more specific applications are developed and demonstrated.
AfDB to support HealthTech Hub Africa’s blueprint to fast-track health technology innovations across Africa
Celsius creditors feeling the heat over preference claims
Section 192 of the Canada Business Corporations Act (CBCA) provides a flexible tool that allows corporations to achieve important change and undertake various corporate transactions, subject to court approval and oversight. This article aims to provide an update on the Québec courts’ acceptance of virtual securityholder meetings and approach to the solvency requirement.
Overview of the arrangement process
Insolvency litigation witnessed intriguing developments across multiple aspects in Hong Kong in 2023, ranging from the court’s updated Practice Direction on Bankruptcy and Winding-Up Proceedings to on-going debate surrounding the interplay between insolvency proceedings and arbitration clauses. In this Legal Update, we examine major developments that unfolded. The key takeaways are: 1.