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Working Together: A Previously Successful Business’s General Counsel and Distressed-Debt Counsel
2023-05-25

Answers to these two questions can get tricky:

  1. When should a previously successful business engage distress-debt counsel?
  2. What is the role of the business’s general counsel once that happens?

Second Question: Role

Here’s the answer to the second question first:

Filed under:
USA, Insolvency & Restructuring, Legal Practice, Koley Jessen PC
Authors:
Donald L. Swanson
Location:
USA
Firm:
Koley Jessen PC
View Original Article
Control Update - Winter 2016
2016-12-14

The potential cost of making or defending a claim is often a concern for anyone involved in litigation or arbitration. AG has since 2008 been at the forefront of sharing the risk with its clients, and the litigation funding market has responded with a variety of different options and opportunities. And it's also a developing topic for the courts. Our Control Update newsletter reports all the latest developments, both commercial and legal.

Litigation funders – extent of their involvement and liability for costs

Filed under:
Asia-Pacific, United Arab Emirates, United Kingdom, Insolvency & Restructuring, Insurance, Legal Practice, Litigation, Addleshaw Goddard LLP, Civil Procedure Rules (UK)
Location:
Asia-Pacific, United Arab Emirates, United Kingdom
Firm:
Addleshaw Goddard LLP
View Original Article
Funding In Focus - Content Series - Report Three - July 2016
2016-07-08

FUNDING IN FOCUS CONTENT SERIES REPORT T HREE JULY 2016 2 | VANNIN CAPITAL Funding in Focus Content Series Welcome Welcome to the third edition of Funding in Focus. Since the inception of Funding in Focus, the funding market has grown and developed. This development is reflected in the number, type and complexity of the cases we are being asked to fund across the globe. We have seen an exponential rise in requests for funding in a range of sectors, including in arbitration and insolvency, and in a range of jurisdictions.

Filed under:
Australia, Global, United Arab Emirates, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Legal Practice, Litigation, UNCITRAL, International Chamber of Commerce, Arbitral tribunal
Location:
Australia, Global, United Arab Emirates, United Kingdom
View Original Article
Clarity from the Cayman Islands Court of Appeal
2017-02-20

The Court of Appeal (CICA) has provided further clarification and guidance to Cayman Islands insolvency professionals on issues ranging from voidable transactions, the scope of liquidators’ powers and legal professional privilege, following the publication this month of a number of decisions that had come before the Court during the November 2016 Court sitting. Set out below is a summary of the Court’s findings in 3 of the CICA decisions which may be relevant to your day to day practice.

Voidable Transactions

Filed under:
Cayman Islands, Company & Commercial, Insolvency & Restructuring, Legal Practice, Litigation
Location:
Cayman Islands
View Original Article
IPs: beware taking fees on trust…
2015-07-28

At a time when insolvency practitioner’s (“IPs”) fees are being scrutinised more closely than ever, the case of Bell v Birchall and others [2015] is a timely reminder to IPs to consider the necessity of the work they propose to undertake, particularly in respect of assets that do not form part of the insolvent estate. In this case, the court ruled that it had no jurisdiction to make a “Berkeley Applegate” order.

Filed under:
United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Private Client & Offshore Services, Squire Patton Boggs
Authors:
Devinder Singh , Gemma Whale
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
Attention all lawyers! The unfinished business rule may finally be finished
2015-06-26

The courts continue to pick away at the “unfinished business rule.” The latest blow came earlier this month when a U.S. district court dismissed a Chapter 7 trustee’s claims against eight law firms who provided services to former clients of Howrey LLP. We are getting close to the point where the unfinished business rule may in fact be finished.

Filed under:
USA, District of Columbia, Insolvency & Restructuring, Legal Practice, Litigation, Squire Patton Boggs, Unjust enrichment
Authors:
Mark A. Salzberg
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Jackson – insolvency carve out indefinitely extended – great news for insolvency practitioners
2015-02-26

Congratulations to all those who lobbied government to extend the carve out for insolvency from the restrictions imposed by the Jackson Reforms. We have just received confirmation from the Ministry of Justice that the exemption granted to Insolvency Practitioners has been extended indefinitely.

A real shot in the arm for Insolvency Litigators across the UK.

House of Commons: Written Statement (HCWS303)

Ministry of Justice

Filed under:
United Kingdom, Insolvency & Restructuring, Legal Practice, Squire Patton Boggs
Authors:
Laura Crawford , Jennifer L. Wright
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
Spotlight on conflicts of interest for insolvency practitioners
2018-10-16

Paul Muscutt, London restructuring partner at law firm Squire Patton Boggs, talks to Andrew Tate, former R3 President, Chair of R3’s Policy Group and Partner at accountancy firm Kreston Reeves LLP, about conflicts of interest in the restructuring and insolvency profession*.

Filed under:
United Kingdom, Insolvency & Restructuring, Legal Practice, Squire Patton Boggs, Conflict of interest
Authors:
Paul Muscutt
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
The High Court in London goes digital
2017-04-27

As of 25 April 2017, for courts within the Chancery division of the High Court in London, the filing of all applications, forms and documents must be performed electronically. This includes the Bankruptcy and Companies Courts within Greater London. It does not apply to the High Courts outside London.

Filed under:
United Kingdom, Insolvency & Restructuring, IT & Data Protection, Legal Practice, Litigation, Squire Patton Boggs
Authors:
Susan Kelly
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
Unfinished business: and the winner is . . .
2014-07-11

In a unanimous decision, the New York Court of Appeals stuck a dagger through the heart of bankruptcy estates of failed law firms as it declared that profits earned on matters that former partners of the failed firm take with them to their new employers are not property of the former firm.  Those profits belong to the new firm that provides the legal services.

Filed under:
USA, Insolvency & Restructuring, Legal Practice, Litigation, Weil Gotshal & Manges LLP
Authors:
Sunny Singh
Location:
USA
Firm:
Weil Gotshal & Manges LLP
View Original Article

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