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    VAT - Monthly Alert - May 2019: Court of Justice of the European Union
    2019-05-31

    In Budimex SA (C224/18), the CJEU was asked by a Polish Court to determine the time of supply in relation to a construction contract where no invoice was issued in accordance with articles 63 and 66 of the Principal VAT Directive (PVD), which provide that the chargeable event for VAT purposes is when the services are supplied.

    Filed under:
    European Union, Construction, Insolvency & Restructuring, Litigation, Tax, DLA Piper, Debtor, CJEU
    Location:
    European Union
    Firm:
    DLA Piper
    ATE insurance policy held to be inadequate security for US$1.75 million of costs
    2017-06-12

    In a judgment handed down on 17 March 2017 (but which has only recently become publicly available) in Catalyst Managerial Services v Libya Africa Investment Portfolio,1 Mr Justice Teare held that an After The Event (ATE) insurance policy put before the court in purported satisfaction of a security for costs order, was not in a reasonably satisfactory form.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, DLA Piper
    Authors:
    Sarah Ellington (née McMurray)
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Federal Court of Justice attenuates management liability risks for payments made after the company’s insolvency
    2016-03-15

    The liability regime under Section 64 sentence 1 GmbHG and Sections 92 para. 2, 93 para. 3 Nr. 6 AktG for payments made after the company’s insolvency imposes severe personal liability risk on the management of limited liability companies and stock corporations. This does not only apply to the management of German limited liability companies (“GmbH”) and stock corporations (“AG”) but also to companies incorporated under foreign law that have their centre of main interest in Germany, as the European Court of Justice has decided just recently.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, DLA Piper
    Location:
    Germany
    Firm:
    DLA Piper
    What does the Delaware Chancery Court’s rural/metro ruling mean for advisors to distressed companies?
    2014-07-02

    On March 14 2014 the Delaware Chancery Court found RBC Capital Advisors (RBC) liable for aiding and abetting the breach of fiduciary duty of the board of directors of Rural/Metro, stemming from the sale of the company to Warburg Pincus.

    While the details of the court’s decision are contained in Vice Chancellor J. Travis Laster’s 91-page opinion, several salient points are important to understand:

    Filed under:
    USA, Delaware, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, DLA Piper, Fiduciary, Delaware Court of Chancery
    Authors:
    Richard A. Chesley
    Location:
    USA
    Firm:
    DLA Piper
    New Look CVA challenge dismissed by High court
    2021-05-19

    The restructuring market has been eagerly anticipating the judgments in the New Look and Regis CVA challenges. The New Look judgment was handed down on 10 May 2021 and the Regis Judgment followed on 17 May 2021. This article briefly sets out the issues in the New Look CVA challenge, the decision of Mr Justice Zacaroli and what this means for the future of CVAs.

    Overview of the New Look CVA Challenge

    The claim brought by the Applicants (a consortium of compromised landlords) can be summarised briefly under three heads of claim:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper
    Authors:
    James Davison
    Location:
    United Kingdom
    Firm:
    DLA Piper
    UK Corporate Insolvency And Governance Act: Moratorium
    2020-09-29

    The Corporate Insolvency and Governance Act 2020 has introduced a new standalone moratorium procedure for companies.1 The moratorium is part of a package of significant legislative reforms contained in the Act, intended to enhance the UK’s restructuring rescue culture. These were originally consulted on between 2016 and 2018 and were fast-tracked to deal with the COVID-19 pandemic.

    Overview

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus, House of Lords
    Authors:
    Sarah Letson
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Enforcing or avoiding contractual IP rights in the era of COVID-19: Being or dealing with a distressed company
    2020-05-27

    A company’s intellectual property rights[1] are some of its most valuable and most enduring assets. They are also often the most encumbered, or the most enhanced, by contract.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus
    Location:
    USA
    Firm:
    DLA Piper
    Supreme Court: Trademark Owners Cannot Reject Licenses in Bankruptcy
    2019-05-20

    On Monday, May 20, 2019, the United States Supreme Court issued an 8-1 decision holding that a bankrupt company’s decision to reject an existing license of its trademarks does not terminate a licensee’s right to continue using the licensed trademarks.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, DLA Piper, SCOTUS
    Location:
    USA
    Firm:
    DLA Piper
    EMI case settles out of court the decision that a tenant cannot assign its lease to its guarantor still stands
    2017-06-02

    In 2016 the High Court considered the validity of an assignment of a lease by a tenant to its guarantor. The antiavoidance provisions in section 25 of the Landlord and Tenant (Covenants) Act 1995 ("1995 Act") strictly limit the freedom of contract of parties to leases governed by that Act, broadly, those granted after 1995. Agreements which frustrate those provisions are void even if they are commercially justifiable.

    BRIEF FACTS AND DECISION

    EMI Group Limited v O&H Q1 Limited [2016] EWHC 529 (Ch)

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Public, Real Estate, DLA Piper, Landlord, Leasehold estate, Covenant (law), Liquidation, EMI, Court of Appeal of England & Wales, High Court of Justice
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Sabine ruling: significant impact on future oil and gas exploration, pipeline company restructurings - key takeaways
    2016-03-10

    The US Bankruptcy Court for the Southern District of New York has issued a ruling in a chapter 11 case that could have a significant  impact on future restructurings in the oil and gas industry.

    On March 8, 2016,  in the case of Sabine Oil and Gas Corp., Judge Shelley Chapman ruled that Sabine could reject certain pipeline and gas gathering agreements with two midstream gathering pipeline companies.

    Filed under:
    USA, New York, Energy & Natural Resources, Insolvency & Restructuring, Litigation, DLA Piper, United States bankruptcy court
    Location:
    USA
    Firm:
    DLA Piper

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