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    Insolvency (Protection of Essential Supplies) Order 2015 comes into force on 1 October 2015
    2015-09-21

    The amendments to the Insolvency Act 1986 will extend the protection of essential supplies on insolvency to most private utility suppliers. They will also extend protection to I.T. supplies, including data storage and processing and website hosting. Further protection is introduced where contracts are entered into from 1 October 2015, so that insolvency related terms which allow higher supply charges in the event of administration or company voluntary arrangement will be prohibited.

    Why is the law changing?

    Filed under:
    United Kingdom, Insolvency & Restructuring, IT & Data Protection, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency Act 1986 (UK)
    Authors:
    Rita Lowe , Helen Coverdale
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Cambridge Analytica closing its doors
    2018-06-04

    Cambridge Analytica, the data analytics firm at the centre of the Facebook data scandal, is closing its doors and commencing insolvency proceedings. The company has been unable to recover from the bad press coverage and large legal fees in dealing with the aftermath of the Facebook data breach allegations.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, IT & Data Protection, Ashfords LLP, Data breach, Facebook, Cambridge Analytica
    Location:
    United Kingdom, USA
    Firm:
    Ashfords LLP
    It’s Getting Chilly: The “Cryptowinter” Marches On
    2022-07-28

    It’s been a hard year for cryptocurrency. The values of most cryptocurrencies, including major coins such as Bitcoin and Ethereum, have continued to tumble. In fact, the price of one stablecoin, which is a form of cryptocurrency tied to another currency, commodity or financial instrument, de-pegged from its cryptocurrency token and entered into a downward spiral. Ultimately, the stablecoin and the crypto token it was pegged to collapsed, erasing $18 billion of value with it.

    Filed under:
    British Virgin Islands, USA, Banking, Derivatives, Insolvency & Restructuring, IT & Data Protection, Patterson Belknap Webb & Tyler LLP, Cryptocurrency, Coronavirus, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), US Congress
    Authors:
    Daniel A. Lowenthal
    Location:
    British Virgin Islands, USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Crypto Exchange Platforms Grapple with Consequence of Filing Bankruptcy
    2022-05-23

    In the world of cryptocurrency, exchange platforms act as intermediaries allowing investors to buy and sell assets while making money through commissions and transaction fees. Any assets purchased may be held in either non-custodial or custodial wallets. If a customer chooses a custodial wallet, the platform holds and manages the assets through a private key, which is a string of characters that serves as a password. If a key is lost or forgotten, it may be impossible to recover, resulting in the permanent loss of the asset.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Patterson Belknap Webb & Tyler LLP, Cryptocurrency
    Authors:
    Kimberly Black , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Funds Talk: June 2017
    2017-06-01

    Funds Talk: June 2017

     

    Topics covered in this issue include:

    Filed under:
    USA, New York, Capital Markets, Derivatives, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Securitization & Structured Finance, Tax, Kramer Levin Naftalis & Frankel LLP, Computer security, Seventh Circuit
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Funds Talk: February 2017
    2017-02-01

    Funds Talk: February 2017

     

    Topics covered in this issue include:

    Filed under:
    European Union, USA, Banking, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Derivatives, Employee Benefits & Pensions, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Tax, White Collar Crime, Kramer Levin Naftalis & Frankel LLP, Employee Retirement Income Security Act 1974 (USA), Internal Revenue Code (USA)
    Location:
    European Union, USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Falling back to Earth: UK’s proposed approach to managing the failure of systemic crypto firms
    2022-06-24

    Cryptoassets continue to be in the spotlight with prices no longer heading ‘to the moon’, the recent high-profile failure of an algorithmic stablecoin and the difficulties experienced by various service providers. This all forms the backdrop to the UK Government’s publication of proposals with respect to managing the failure of systemic digital settlement asset firms.

    Overview

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Freshfields Bruckhaus Deringer LLP, Blockchain, Cryptocurrency, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England
    Authors:
    Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Banking and financial services litigation: 2021 in review
    2022-01-27

    A number of key decisions from the English courts in 2021 illustrate the litigation trends that are likely to have implications for the financial services industry in 2022 and beyond (see below “Cases to watch in 2022”).

    Market misconduct and mis-selling

    In the first of a series of claims issued by ECU Group Plc in relation to alleged wrongdoing in the foreign exchange markets by a number of banks, the High Court held that:

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, Freshfields Bruckhaus Deringer LLP, Libor, Personal data, Coronavirus, GDPR, Financial Services and Markets Act 2000 (UK), Financial Conduct Authority (UK), Barclays, Google, Serious Fraud Office (UK), House of Lords, HSBC, Carillion, Court of Justice of the European Union, UK Supreme Court
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Addressing weak links in the supply chain
    2019-03-04

    How would your business be impacted if one of your critical suppliers entered insolvency proceedings? What losses could you suffer, and how would you maintain continuity of supply?

    Recent high profile collapses such as Carillion have highlighted this issue, with counterparties suffering significant disruption upon its failure. In the context of increasing financial uncertainty – not least because of Brexit – companies should take a hard look at their supply chain in order to assess and mitigate counterparty risk.

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, IT & Data Protection, Public, Freshfields Bruckhaus Deringer LLP, Brexit
    Authors:
    Lindsay Hingston , Catherine Balmond
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Defendants win latest fight in the safe harbor wars
    2016-03-29

    Section 546(e) of the bankruptcy code bars state law constructive fraudulent conveyance claims asserted by creditors seeking to augment recoveries from a bankruptcy estate

    Earlier today, the Second Circuit Court of Appeals issued a decision in In re Tribune Company Fraudulent Transfer Litigation, No. 13-3992-cv, holding that the Bankruptcy Code’s safe harbor of Section 546(e) (the Safe Harbor) prohibits clawback claims brought by creditors under state fraudulent transfer laws to the same extent that it prohibits such claims when brought by a debtor.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Freshfields Bruckhaus Deringer LLP, Debtor
    Authors:
    Timothy Harkness , Linda H. Martin , Abbey Walsh , David Livshiz
    Location:
    USA
    Firm:
    Freshfields Bruckhaus Deringer LLP

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