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    Mandating Mediation-How It’s Done: (i) Local Rule Examples, and (ii) A Separate Order Guideline
    2023-12-28

    There are many reasons to mandate mediation in certain circumstances.

    • One is to improve the quality of justice.
    • Another is to manage an expanding docket and burgeoning caseload.
    • A third is to create a mediation culture where none currently exists.

    There are two ways to mandate mediation:

    Filed under:
    USA, Nebraska, Arbitration & ADR, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Mediation
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    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 Bahamas issues Practice Direction for adoption of Judicial Insolvency Network (‘JIN’) Guidelines for use of Joint Hearings in Cross-Border Insolvency Proceedings
    2024-01-01

    The Chief Justice of the Commonwealth of The Bahamas, Sir Ian Winder has issued Cross-Border Insolvency Practice Direction No. 14 of 2023 for Court-to-Court Communications and Cooperation in cross-border insolvency and restructuring cases after consultation with the Justices of the Supreme Court, Commercial Division.

    The practice direction addresses the use and adoption of published JIN guidelines in cases pending before the Supreme Court of the Commonwealth of The Bahamas. The practice direction took effect on 19 December 2023.

    Filed under:
    Bahamas, Insolvency & Restructuring, Litigation, Lennox Paton, Judicial Insolvency Network
    Authors:
    Sophia Rolle-Kapousouzoglou
    Location:
    Bahamas
    Firm:
    Lennox Paton
    5 Trends to Watch: 2024 Restructuring & Bankruptcy
    2024-01-02
    1. Globalization of Businesses Leads to More Cross Border Restructurings – With the increase in international businesses’ globalization comes an increase in cross border restructurings both inside and outside of courts.
    Filed under:
    USA, Banking, Insolvency & Restructuring, Greenberg Traurig LLP
    Authors:
    Shari L. Heyen , David B. Kurzweil
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Insolvency in a modern age - Official Receiver filing changes now in force in Hong Kong
    2024-01-02

    New statutory provisions have come into effect that will modernise the way documents are filed with the Official Receiver in Hong Kong. The changes, which took place on the last working day of 2023, pave the way for the electronic submission of certain documents to the Official Receiver's Office (ORO) and dispense with the mandatory newspaper advertising of some statements and notices, which going forward will only require publication in the Gazette or other specified means.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Hogan Lovells, Liquidation, Insolvency
    Authors:
    Nigel Sharman
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    Navigating a Tenant’s Bankruptcy: Tips and Observations
    2024-01-02

    Recently, two significant distressed companies with thousands of commercial leases, Rite Aid and WeWork, each filed chapter 11 bankruptcy cases, seeking in part to rationalize their geographic footprints through the rejection of a substantial portion of their lease portfolios.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Real Estate
    Authors:
    David M. Hillman , Peter J. Young , David J. Weinberger , Steve Ma
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Strengthening your business against increasing insolvencies: contractual safeguards and practical approaches
    2024-01-02

    In November 2023, the Office of National Statistics recorded a total of 2,466 registered company insolvencies in England and Wales, revealing a significant uptick in both creditors’ voluntary liquidations (CVLs) and compulsory liquidations compared to the previous year.

    This increase in business insolvencies can be attributed to several external factors such as rising inflation, soaring energy prices and customer spending reductions.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Flint Bishop
    Location:
    United Kingdom
    Firm:
    Flint Bishop
    Court of Appeal summaries (December 18-22)
    2023-12-23

    Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 18, 2023.

    Filed under:
    Canada, Ontario, Banking, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Real Estate, Blaney McMurtry LLP, Due diligence, ESG, Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos , Ines Ferreira
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    The outlook for UK restructuring plans at home and abroad
    2023-12-21

    This article was first published in December 2023 by Law360.

    English schemes of arrangement have long been used to restructure the debts of both English and foreign companies. This has made the UK a center of cross-border restructurings.

    The scheme's more powerful cousin, the restructuring plan, with its ability to cram down entire classes of dissenting creditors, has bolstered the UK's position in the global restructuring market.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Tax, Macfarlanes LLP, Corporate governance, Insolvency, HM Revenue and Customs (UK), Insolvency Regulation (1346/2000) (EU)
    Authors:
    Paul Keddie
    Location:
    European Union, United Kingdom
    Firm:
    Macfarlanes LLP
    Rejecting An “Oh, No!” Ruling On Subchapter V Eligibility (In re Zhang)
    2023-12-21

    Every now and then, a bankruptcy ruling elicits an “Oh, no!” response from just about everyone.

    And then, subsequent case law starts rejecting and/or chipping-away at that “On, no!” ruling.

    We have such an “Oh, no!” situation going on right now on a Subchapter V debt-limit issue.

    New Rejecting/Chipping-Away Opinion

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC

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