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    International Disputes and Investigations: Five Topics to Watch in 2024
    2024-01-25

    #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.

    Filed under:
    United Kingdom, Insolvency & Restructuring, IT & Data Protection, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Artificial intelligence, Litigation funding
    Authors:
    James Kitching , James Barratt , Sulman Ali Iqbal
    Location:
    United Kingdom
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Africa Business in Brief - Issue 529
    2024-01-21

    AfDB to support HealthTech Hub Africa’s blueprint to fast-track health technology innovations across Africa

    Filed under:
    Global, South Africa, Aviation, Energy & Natural Resources, Insolvency & Restructuring, IT & Data Protection, Tax, ENS
    Location:
    Global, South Africa
    Firm:
    ENS
    Blockchain Bites: Celsius creditors feeling the heat over preference claims, A bridge too far? Cross-chain bridges under MiCA, US State Legislatures bizarrely seek to “ban” Central Bank Digital Currencies, Coinbase and SEC in legal stoush over Securities Law but agree Tokens aren’t themselves securities
    2024-01-18

    Celsius creditors feeling the heat over preference claims

    Filed under:
    European Union, USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Piper Alderman, Blockchain, Bitcoin, Mediation, Cryptocurrency, Central bank digital currency, Ethereum, US Securities and Exchange Commission, International Organization of Securities Commissions, European Securities and Markets Authority, Uniform Commercial Code (USA)
    Authors:
    Michael Bacina , Steven Pettigrove , Tim Masters , Jake Huang , Luke Higgins , Luke Misthos
    Location:
    European Union, USA
    Firm:
    Piper Alderman
    Section 192 CBCA plans of arrangement - latest insights on virtual securityholder meetings and the solvency requirement
    2024-01-16

    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

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, IT & Data Protection, Osler Hoskin & Harcourt LLP, Court of Appeal of Alberta
    Authors:
    Fabrice Benoît , Sophie Courville , Jack M. Little
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Understanding the Trends: A Review of Insolvency Litigation in Hong Kong in 2023
    2024-01-11

    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.

    Filed under:
    Hong Kong, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Mayer Brown, Liquidation, Cryptocurrency
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    HFW Disputes Digest 2023
    2024-01-08

    HFW DISPUTES DIGEST 2023

    Welcome to the second annual Disputes Digest, in which we collate our 2023 global HFW LITIGATION and International Arbitration publications in one place.

    This edition includes updates from across our Disputes arena, including England and Wales, BVI, AsiaPac, and the Middle East.

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Compliance Management, Derivatives, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, HFW, Know your customer, Blockchain, Employee Retirement Income Security Act 1974 (USA), Advertising, Climate change, Supply chain, Mediation, Fintech, Due diligence, Carbon neutrality, Cryptocurrency, ESG, Litigation funding, Anti-money laundering, Non-fungible tokens, Metaverse, Anti-bribery and corruption, Greenwashing, US Securities and Exchange Commission, Financial Conduct Authority (UK), Barclays, Consumer Financial Protection Bureau (USA), Google, European Council, Commodity Futures Trading Commission (USA), Competition and Markets Authority (UK), HSBC, Monetary Authority of Singapore, Bank of England, Singapore International Arbitration Centre, FTX, Silicon Valley Bank, Arbitration Act 1996 (UK), Federal Arbitration Act 1926 (USA), Financial Services and Markets Act 2000 (UK), UK Supreme Court
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    HFW
    2024: main new legislation needing to be considered by companies in Spain
    2023-12-29

    2024: main new legislation needing to be considered by companies in Spain 2024 Viewpoint Spain 2 2024: main new legislation needing to be considered by companies in Spain December 2023 Professionals in the various practice areas at Garrigues take a look, from all angles of business law, at the main new legislation that companies will face in the coming year. 2024 promises to be an intense year in terms of statutory and case law.

    Filed under:
    European Union, Spain, Banking, Capital Markets, Company & Commercial, Copyrights, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Garrigues, Offshore wind power, Renewable energy, Artificial intelligence, Digital transformation, Digital economy, Cryptocurrency, ESG, Cybersecurity, Anti-money laundering, Greenwashing, Generative AI, European Commission, European Securities and Markets Authority, EU Artificial Intelligence Act, Court of Justice of the European Union
    Location:
    European Union, Spain
    Firm:
    Garrigues
    The Payments Newsletter including Digital Assets & Blockchain, November 2023
    2023-12-06

    Key developments of interest over the last month include: IOSCO publishing its final Policy Recommendations for Crypto and Digital Asset (CDA) Markets; the UK government publishing a response to its previous consultation and call for evidence on proposals for the future financial services regulatory regime for digital assets as well as the FCA and Bank of England publishing proposals on the UK stablecoins regulatory regime; the European Parliament's ECON Committee publishing draft reports on the proposed PSD3 and Payment Services Regulation; and the UK government publishing a Future of Paym

    Filed under:
    European Union, Global, United Kingdom, Banking, Capital Markets, Compliance Management, Insolvency & Restructuring, IT & Data Protection, White Collar Crime, Hogan Lovells, Blockchain, Fintech, Cryptocurrency, Open banking, Anti-money laundering, Anti-bribery and corruption, Financial Conduct Authority (UK), European Commission, European Parliament, European Banking Authority, International Organization of Securities Commissions, HM Treasury (UK), Airbnb, HSBC, Amazon.com, LinkedIn, Bank of England, European Central Bank, Payment Systems Regulator (UK), PayPal, Bank of Italy, Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK), Financial Services and Markets Act 2023 (UK)
    Authors:
    Virginia Montgomery , Grace Wyatt
    Location:
    European Union, Global, United Kingdom
    Firm:
    Hogan Lovells
    (US) Who Owns the Crypto: Bankruptcy Court Rules That Customers Do Not Own The Deposited Crypto
    2023-11-29

    Who owns cryptocurrency held by a cryptocurrency exchange? Do the cryptocurrency assets belong to the customers who deposited the crypto with the exchange, or do the cryptocurrency assets belong to the exchange itself? The answer to this question will have huge significance, both in terms of creditor recoveries as well as preferential transfer liability exposure.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Squire Patton Boggs
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Cryptoasset regulation: UK regulators give the industry a further glimpse of the future
    2023-11-27

    On 30 October 2023, HM Treasury (HMT) published three documents setting out how the UK government plans to regulate cryptoassets going forward:

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Freshfields Bruckhaus Deringer, Cryptocurrency, Anti-money laundering, Non-fungible tokens, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Payment Systems Regulator (UK), Prudential Regulation Authority (UK), Financial Services and Markets Act 2000 (UK), Financial Services and Markets Act 2023 (UK)
    Authors:
    Cyrus Pocha , Christopher Bernard , Noah Schmidt
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer

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