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    Surviving a restructuring and key employee retention programs
    2009-05-12

    Retention of key employees is a primary concern of any company that is seeking to survive a restructuring process as a viable operating business. The question is how to ensure that employee retention payments fairly balance the goal of retaining employees who are key to the restructuring against the financial impact on other stakeholders of the implementation of such a program. Beyond that, in the case of a cross-border restructuring, one must be aware of the difference between Canadian and US law on the issue of employee retention.  

    Filed under:
    Canada, USA, Employment & Labor, Insolvency & Restructuring, Norton Rose Fulbright, Bankruptcy, Debtor, Consumer protection, Good faith, Stakeholder (corporate)
    Authors:
    Evan Cobb
    Location:
    Canada, USA
    Firm:
    Norton Rose Fulbright Canada LLP
    Gleave and others v Board of the Pension Protection Fund
    2008-06-12

    [2008] EWHC 1099 (Ch)

    The High Court has ruled that calculations of employer debt by scheme actuaries cannot be challenged by insolvency practitioners unless there is evidence of fraud or error.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Fraud, Debt, Retirement, Valuation (finance), Actuary, Pension Protection Fund, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Grievance: a provable claim within the meaning of the Companies’ Creditors Arrangement Act and Bankruptcy and Insolvency Act
    2014-03-17

    Norton Rose Fulbright’s Employment and Labour Team in Montréal raised a preliminary objection against an arbitrator’s jurisdiction on the basis of orders rendered pursuant to the Companies’ Creditors Arrangement Act (“CCAA“), which was upheld and led to the dismissal of the grievance.

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP
    Ontario Superior Court rules on priorities in insolvency proceedings of environmental orders for historical contamination
    2012-03-20

    The Ontario Superior Court of Justice (Commercial List) has confirmed that historical environmental remediation obligations will not automatically take priority over the claims of other creditors in an insolvency, even where those obligations are framed in the form of regulatory orders.

    Filed under:
    Canada, Ontario, Environment & Climate Change, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Ontario Superior Court of Justice
    Authors:
    Alan B. Merskey
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP
    Special Resolution Regime: the draft FSMA (Contribution to Costs of Special Resolution Regime) Regulations 2010: consultation
    2010-03-22

    HM Treasury has published a consultation paper which is entitled Special Resolution Regime: the draft FSMA (Contribution to Costs of Special Resolution Regime) Regulations 2010.

    This consultation seeks views on all aspects of the draft Financial Services and Markets Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2010 which will be made under the new FSMA provisions when clause 28 of the Financial Services Bill is enacted.

    The deadline for comments on the consultation is 15 June 2010.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Norton Rose Fulbright, Public consultations, HM Treasury (UK)
    Authors:
    Jonathan Herbst , Peter Snowdon , Charles Evans , Dorian Drew
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    PPF consults on proposed changes to the calculation of the risk-based levy
    2009-11-26

    On 9 November, the PPF published proposals for the 2011/12 pension protection levy year which aim to improve the way the insolvency risk for sponsoring employers is assessed. The proposals reflect industry feedback and a review of methodology and insolvency probabilities carried out by Dun & Bradstreet (D&B).

    The key changes include:

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Norton Rose Fulbright, Subsidiary
    Authors:
    Peter Ford , Lesley Browning
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    New financial services firms have to contribute for Phoenix insolvency
    2009-04-27

    Generally, financial services firms in Germany (Finanzdienstleistungsinstitute) are mandatory members of a protection scheme (Entschädigungseinrichtung der Wertpapierhandelsunternehmen - EdW). Members of this protection scheme are obliged to make regular financial contributions.

    In 2005 Phoenix Kapitaldienst GmbH became insolvent and the EdW is due to pay out to Phoenix investors compensation which totals more than 100 million Euros. However, the EdW has insufficient funds to cover the entire amount due.

    Filed under:
    Germany, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Norton Rose Fulbright, Legal personality, Option (finance), Federal Financial Supervisory Authority
    Authors:
    Charles Evans , Dorian Drew , Jonathan Herbst , Peter Snowdon
    Location:
    Germany
    Firm:
    Norton Rose Fulbright
    Call for technical advice on financial conglomerates
    2008-05-12

    The European Commission Internal Market and Services DG has sent to the CEBS and CEIOPS Interim Working Committee on Financial Conglomerates a third call for technical advice on the Financial Conglomerates Directive.

    View Call for technical advice on financial conglomerates, (PDF 554KB), 7 May 2008

    Filed under:
    European Union, Banking, Capital Markets, Insolvency & Restructuring, Norton Rose Fulbright, European Commission
    Location:
    European Union
    Firm:
    Norton Rose Fulbright
    Employees’ rights in bankruptcy in the UAE
    2014-02-26

    Employees’ rights in bankruptcy in the UAE On the face of it, employees’ rights in the UAE seem to be well protected by the bankruptcy laws. Under Article 713(1) of Federal Law No. 18 of 1993 (Commercial Transactions Law), the wages and salaries of workers that have become due 30 days prior to the adjudication of bankruptcy may be paid on a super-priority level (“regardless of any other debt”) by the bankruptcy trustee. However, there is some uncertainty as to whether employees would be paid before secured creditors as the bankruptcy laws remain largely untested in the UAE courts.

    Filed under:
    United Arab Emirates, Employment & Labor, Insolvency & Restructuring, Norton Rose Fulbright, Bankruptcy
    Location:
    United Arab Emirates
    Firm:
    Norton Rose Fulbright
    Arbitrating against companies in administration
    2012-03-13

    On 5 October 2011, the NSW Supreme Court upheld an application pursuant to s 440D(1) of the Corporations Act 2001 (Cth) (the Corporations Act) for leave to bring and continue proceedings against a defendant under voluntary administration.

    Filed under:
    Australia, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Insurance, Litigation, Norton Rose Fulbright, Corporations Act 2001 (Australia)
    Authors:
    Katherine Czoch
    Location:
    Australia, United Kingdom
    Firm:
    Norton Rose Fulbright

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