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    Transparency series part six: The processing of personal data during insolvency
    2024-08-01

    Our series focused on privacy and transparency considers issues encountered by practitioners across a range of different dispute resolution specialities. This article provides a reminder for Insolvency Practitioners about their obligations when processing personal data.

    Filed under:
    United Kingdom, Insolvency & Restructuring, IT & Data Protection, Kingsley Napley, Personal data, Information Commissioner's Office (UK), GDPR, Technology
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Bankruptcy Court Applies First-of-Its-Kind Valuation Method to Estimate Cryptocurrency Claims (US)
    2024-07-23

    The bankruptcy court presiding over the FTX Trading bankruptcy last month issued a memorandum opinion addressing valuation of cryptocurrency-based claims and how to “calculate a reasonable discount to be applied to the Petition Date market price” for certain cryptocurrency tokens.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Squire Patton Boggs, Bitcoin, Cryptocurrency, FTX
    Authors:
    Mark A. Salzberg , Kyle F. Arendsen
    Location:
    USA
    Firm:
    Squire Patton Boggs
    UK Jurisdiction Taskforce Concludes Digital Assets Compatible With English Insolvency Law
    2024-04-29

    The Legal Statement applies areas of insolvency law to digital assets, providing valuable guidance on the approach English courts will take.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Latham & Watkins LLP, Cryptocurrency, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Bruce Bell , Jessica Walker , Tim Bennett
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Digital asset insolvency issues not insoluble for English law
    2024-04-19

    Digital assets may be new, but existing English insolvency laws and principles can deal with them. So finds the UK Jurisdiction Taskforce (UKJT) in its ‘Legal Statement on Digital Assets and English Insolvency Law’, published this week.

    Key takeaways include:

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Blockchain, Cryptocurrency, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Julian Turner , Vanessa Whitman , Kushal Gandhi , Rachel Harrison
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Four key takeaways for restructuring and insolvency practitioners from the UKJT Legal Statement on Digital Assets and English insolvency Law
    2024-04-22

    On 17 April 2024 the UK Jurisdiction Taskforce (theUKJT), chaired by Sir Geoffrey Vos published its Legal Statement on Digital Assets and English Insolvency Law.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Freshfields Bruckhaus Deringer, Blockchain, Artificial intelligence, Insolvency
    Authors:
    Nicholas Cooper , Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    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)
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    UK Cryptoasset Regulation: Three Key Updates
    2023-11-02

    On 30 October 2023, HM Treasury (“HMT”) published 3 key updates on its proposed approach to regulating cryptoassets under the UK’s financial services regulatory framework, namely:

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, CMS Cameron McKenna Nabarro Olswang LLP, Blockchain, Mediation, Cryptocurrency, Anti-money laundering, Non-fungible tokens, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Payment Systems Regulator (UK)
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    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, Anti-money laundering, Anti-bribery and corruption, Financial Conduct Authority (UK), European Commission, European Parliament, European Banking Authority, HM Treasury (UK), Airbnb, HSBC, LinkedIn, Bank of England, European Central Bank, Payment Systems Regulator (UK), PayPal, Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK)
    Authors:
    Virginia Montgomery
    Location:
    European Union, Global, United Kingdom
    Firm:
    Hogan Lovells
    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
    UK Government policy updates: Regulation of fiat-backed stablecoins and failure of systemic DSA firms
    2023-11-01

    On 30 October 2023, the UK government published an update on its legislative approach for regulating fiat-backed stablecoins, following on from its consultation on the UK regulatory approach to cryptoassets and stablecoins in January 2021, and the response to that consultation in April 2022. Alongside this, it published a response to its consultation on the approach to managing the failure of systemic digital settlement asset (DSA) (including stablecoin) firms.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Hogan Lovells, Cryptocurrency, Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK), Financial Conduct Authority (UK), HM Treasury (UK), Bank of England
    Location:
    United Kingdom
    Firm:
    Hogan Lovells

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