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    Tips for administrators to avoid costs orders in proceedings challenging the validity of appointment
    2016-09-30

    This week’s TGIF looks at the departure from the general costs rule considered in In the matter of Condor Blanco Mines Ltd (No. 2) in circumstances where the administrator was found not to have discharged the duty of essential neutrality.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Legal Practice, Litigation, Corrs Chambers Westgarth
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Documents of Dissolved Company Remained Privileged Unless no Prospect of Company Being Restored to the Register
    2018-12-03

    A High Court Master has found that the court must maintain privilege in the documents of a dissolved company unless and until there is no prospect of the company being restored to the register: Addlesee v Dentons Europe LLP: [2018] EWHC 3010 (Ch).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Herbert Smith Freehills LLP, Companies Act 2006 (UK), The Pensions Regulator
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Preview of 2017
    2017-01-10

    2017 will see major changes to the UK legal landscape, with Article 50 of the Treaty on European Union expected to be triggered by the end of March 2017 to begin the Brexit process. The legal implications of Brexit will be hugely significant; preparing for their impact will be a substantial challenge across every industry sector. Our Preview of 2017 outlines these implications, as well as identifying other trends and issues we expect to be on the legal agenda this year.

    Filed under:
    European Union, OECD, United Kingdom, Banking, Capital Markets, Competition & Antitrust, Construction, Corporate Finance/M&A, Derivatives, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Legal Practice, Litigation, Public, Real Estate, Tax, Telecoms, Trade & Customs, White Collar Crime, Herbert Smith Freehills LLP, Brexit
    Location:
    European Union, OECD, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal finds trustees in bankruptcy could not waive bankrupt’s privilege
    2016-12-06

    In a recent judgment, the Court of Appeal has held that trustees in bankruptcy could not waive legal professional privilege of a bankrupt, even though (i) the trustees in bankruptcy were entitled to take possession of the documents in which the privileged information was contained and (ii) the Insolvency Act 1986 provides generally that trustees in bankruptcy can exercise any power in respect of a bankrupt's property that the bankrupt himself could have exercised: Avonwick Holdings

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Herbert Smith Freehills LLP, Court of Appeal of England & Wales
    Authors:
    Andrew Cooke
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    BLG Monthly Update
    2012-12-19

    The BLG Monthly Update is a digest of recent developments in the law which Neil Guthrie, our National Director of Research, thinks you will find interesting or relevant – or both.

    Filed under:
    Argentina, Australia, Canada, United Kingdom, USA, Capital Markets, Company & Commercial, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Intellectual Property, Legal Practice, Litigation, Media & Entertainment, Private Client & Offshore Services, Public, Tax, Borden Ladner Gervais LLP
    Location:
    Argentina, Australia, Canada, United Kingdom, USA
    Firm:
    Borden Ladner Gervais LLP
    BAPCA provisions are not unconstitutional
    2010-05-24

    On May 18th, the Second Circuit, applying the Supreme Court's holding in Milavetz, Gallop & Milavetz, P.A. v. U.S., 130 S.Ct. 1324 (2010), reversed a trial court order finding that provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act that prohibit debt relief agencies from advising clients to incur more debt were overbroad and unconstitutional when applied to attorneys.

    Filed under:
    USA, Insolvency & Restructuring, Legal Practice, Litigation, Winston & Strawn LLP, Bankruptcy, Consumer protection, Debt, Debt relief, Constitutionality, SCOTUS, Second Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    New York’s Restrictive Interpretation of Common Interest Doctrine Unlikely to Have Significant Impact in Bankruptcy
    2016-09-27

    On June 9, 2016, the New York State Court of Appeals, in Ambac Assur. Corp. v. Countrywide Home Loans, 2016 BL 184648 (N.Y. June 9, 2016), reversed a lower court decision, consistent with the overwhelming majority of federal court decisions, that the common interest doctrine under New York law is not limited to communications made in connection with pending or reasonably anticipated litigation.

    Filed under:
    USA, New York, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Legal Practice, Litigation, Jones Day, Bankruptcy, US District Court for SDNY
    Authors:
    Aaron M. Gober-Sims
    Location:
    USA
    Firm:
    Jones Day

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