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    Investment Alignment - Owners and brands move closer as recovery approaches
    2021-03-30

    The second webinar in our series brought together WFW Real Estate Partner , George Nicholas, Global Head of Hotels at Savills, Felicity Black-Roberts, VP Acquisitions and Development – Europe and North Africa at Hyatt and Yannis Ermilios, Managing Director – Portfolio Management at Colony Capital. The panel debated the potential for M&A in the hotel sector, as it lined up to be the fastest-recovering of the real estate segments.

    Filed under:
    United Kingdom, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Leisure & Tourism, Watson Farley & Williams, ESG, Coronavirus
    Authors:
    Felicity Jones
    Location:
    United Kingdom
    Firm:
    Watson Farley & Williams
    UK Insolvency Protection Laws Extended - Where Are We Now?
    2021-03-30

    The Corporate Insolvency and Governance Act 2020 introduced a number of temporary changes to UK insolvency laws last year. Those changes, together with other measures such as the moratorium on forfeiture proceedings have recently been extended, we assume, to avoid the perceived cliff edge of insolvencies that might follow if such measures are brought to an end abruptly.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Bankruptcies of state-owned companies
    2021-03-30

    The State may participate in the equity of a legal entity. If that legal entity was incorporated under mercantile laws, then it falls within the concept of merchant debtor. Hence, state-owned companies may be subject to bankruptcy proceedings. The problem arises in majority state-owned companies.

    Filed under:
    Mexico, Company & Commercial, Insolvency & Restructuring, Corona & Nepote Abogados
    Authors:
    Lic. Francisco Rodríguez Nepote
    Location:
    Mexico
    Firm:
    Corona & Nepote Abogados
    Updates to Bankruptcy Relief Provisions of the CARES Act
    2021-03-30

    President Biden signed the COVID-19 Bankruptcy Relief Extension Act on Saturday, March 27, 2021 to extend critical bankruptcy relief provisions under the CARES Act that were set to expire on the same day. The bipartisan bill was introduced in late February 2021 and was passed by Congress just one day before the President signed it into law.

    Filed under:
    USA, Insolvency & Restructuring, Michael Best & Friedrich LLP, Bankruptcy, Coronavirus, Small Business Administration (USA), CARES Act 2020 (USA)
    Authors:
    Reza Hajisanei , Justin M. Mertz
    Location:
    USA
    Firm:
    Michael Best & Friedrich LLP
    Current Considerations When Restructuring European Private Credit Investments
    2021-03-30

    This article discusses considerations for credit funds that face a restructuring situation in the post-COVID-19 world — whether one largely caused by the challenges posed by the pandemic or one simply accelerated by such challenges — and how workouts of these investments present their own challenges.

    Filed under:
    European Union, Middle East, Banking, Company & Commercial, Insolvency & Restructuring, Baker McKenzie, Coronavirus
    Location:
    European Union, Middle East
    Firm:
    Baker McKenzie
    Looking forward - UK Government proposes new focus on dividends in light of major corporate failures
    2021-03-29

    On 18 March 2021, the UK Government published its long-awaited white paper on restoring trust in audit and corporate governance.

    This follows a series of high-profile audit errors and major corporate collapses, including those of BHS in 2016 and Carillion in 2018, which led the Government to commission three independent reviews into different aspects of the UK’s audit, reporting and corporate governance systems.

    The white paper targets large listed and AIM-listed companies, and large private companies where there is a public interest, and primarily focuses on:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Corporate governance, Coronavirus, Carillion
    Authors:
    Katharina Crinson , Rachel Seeley , Richard Tett
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Bankruptcy Rule 2004: The Broad Sweep of Discovery Permitted in Bankruptcy Litigation
    2021-03-26

    In American jurisprudence, resolution of disputes often involves the use of important tools to obtain information necessary to achieving a client’s goals. These tools are collectively known as “discovery.” Discovery is most often used in litigation; however, it may also be used as part of the bankruptcy process, without the need for a pending lawsuit.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Cullen and Dykman LLP
    Authors:
    Michael H. Traison , Elizabeth Usinger , Amanda A. Tersigni
    Location:
    USA
    Firm:
    Cullen and Dykman LLP
    National Congress rejects 12 of the 14 vetoes imposed by the President of theRepublic on the Amended Brazilian Bankruptcy Code
    2021-03-26

    On March 17, 2021, the National Congress rejected 12 of the 14 vetoes by President Jair Bolsonaro (veto nº 57/2020) on Law nº 14,112/2020, which amended the Brazilian Bankruptcy Code (Law nº 11,101/2005 - “LREF”).

    Filed under:
    Brazil, Insolvency & Restructuring, Litigation, Mayer Brown, Force majeure
    Location:
    Brazil
    Firm:
    Mayer Brown
    Temporary restrictions on winding-up petitions extended until 30 June 2021
    2021-03-26

    The temporary restrictions on winding-up petitions brought in under the Corporate Insolvency and Governance Act 2020 (“CIGA”) are wider than originally envisaged when first announced by the government in April 2020 and have now been extended until 30 June 2021.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Charles Russell Speechlys, Coronavirus
    Authors:
    Jessica Williams , Daniel Moore , Emma Humphreys
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    The Bankruptcy Court for the Southern District of New York Recharacterizes Debt as Equity
    2021-03-27

    In a recent decision, the Bankruptcy Court for the Southern District of New York held that a purported debt held by an entity with a near-majority membership interest in the Debtor was actually equity disguised as a loan.

    Background

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Dechert LLP, Sixth Circuit
    Authors:
    Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP

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