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    Circuit courts uphold dismissal of securities claims based on alleged fraud in sale of auction rate securities
    2011-08-03

    Two recent opinions from separate federal courts of appeal upheld the dismissal of lawsuits by sophisticated investors that suffered losses in the auction rate securities ("ARS") market against the securities broker-dealers that allegedly fraudulently induced the purchase of the ARS.1

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Duane Morris LLP, Security (finance), Fraud, Market liquidity, Limited liability company, Misrepresentation, Due diligence, Broker-dealer, Underwriting, Securities fraud, US Securities and Exchange Commission, Securities Exchange Act 1934 (USA), Second Circuit, Sixth Circuit, Circuit court
    Authors:
    Wayne A. Mack , Matthew M. Ryan
    Location:
    USA
    Firm:
    Duane Morris LLP
    Euroresource—deals and debt - May 2014
    2014-05-30

    For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments.

    Recent Developments

    Filed under:
    Argentina, France, Germany, USA, Insolvency & Restructuring, Litigation, Jones Day, Market liquidity, Ontario Superior Court of Justice
    Authors:
    Corinne Ball , Veerle Roovers
    Location:
    Argentina, France, Germany, USA
    Firm:
    Jones Day
    Surviving the downturn
    2009-02-02

    Survival  

    Debt maturity profile Companies should ensure that they have a very clear understanding of the timing of their cash needs and in particular of the maturity profile of their debt – when does debt fall due and when will refinancing be required?  

    Filed under:
    Asia-Pacific, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Bond (finance), Market liquidity, Covenant (law), Consideration, Hedge funds, Debt, Insider trading, Stock exchange, Joint venture, Maturity (finance), Refinancing, Tender offer, Secured loan
    Location:
    Asia-Pacific
    Firm:
    Freshfields Bruckhaus Deringer
    Insolvent managed investment schemes: uncertainty and conflicts
    2011-05-30

    Few now remember that Chapter 5C of the Corporations Act can trace its origins to the afternoon of 23 July 1991. For the past year, the unlisted property trust industry had been in meltdown. The value of the assets held by the industry had fallen over 20%. Investors were scrambling to get out, and collapses seemed imminent.

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Clayton Utz, Legal personality, Market liquidity, Debt, Liability (financial accounting), Liquidation, Liquidator (law), Prima facie, Corporations Act 2001 (Australia)
    Authors:
    Jennifer Ball , John Moutsopoulos
    Location:
    Australia
    Firm:
    Clayton Utz
    Corporate restructuring and creditors' participation
    2011-03-01

    While in other jurisdictions creditors of an insolvent company may swap their debts into equity, creditors in Austria are still confronted with a “take it or leave it” approach as to the proposed quota payment to unsecured creditors. The recent insolvencies of large Austrian companies show the inadequacy of Austrian insolvency law in that respect.

    Financial crisis just arrives

    Filed under:
    Austria, Insolvency & Restructuring, Schoenherr, Bond (finance), Shareholder, Debtor, Unsecured debt, Waiver, Market liquidity, Option (finance), Swap (finance), Debt, Refinancing, Corporate bond, Leverage (finance), Lehman Brothers
    Authors:
    Barbara Steger
    Location:
    Austria
    Firm:
    Schoenherr
    BVI Commercial Court case notes - June 2011
    2011-06-23

    Trial on preliminary issues

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Harneys, Shareholder, Injunction, Market liquidity, Voluntary association, Liquidation, Articles of association, Liquidator (law), Court of Appeal of England & Wales, High Court of Justice (England & Wales), Commercial Court (England and Wales)
    Authors:
    Phillip Kite
    Location:
    British Virgin Islands
    Firm:
    Harneys
    British Virgin Islands court rules on the ranking of redeemed shareholders
    2010-03-03

    A recent decision from the Commercial Court of the British Virgin Islands has clarified the position of a redeemed shareholder of a fund who has a claim for redemption proceeds which have become due and payable. In the matter ofWestern Union International Limited v Reserve International Liquidity Fund Ltd., the court considered the status of a redeemed shareholder both before and after the commencement of the liquidation of a fund and the operation of Section 197 of the Insolvency Act, 2003 (the “Act”). Section 197 states that:

    Filed under:
    British Virgin Islands, Company & Commercial, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Share (finance), Regulatory compliance, Shareholder, Unsecured debt, Dividends, Market liquidity, Liquidation, Articles of association, Internal Revenue Service (USA), US Federal Government, Internal Revenue Code (USA)
    Authors:
    Christopher M Wells , Bruce L Lieb , Ira G Bogner , Timothy M Clark , Amanda H Nussbaum
    Location:
    British Virgin Islands
    Firm:
    Proskauer Rose LLP
    Insolvent funds
    2010-03-26

    There continues to be numerous issues surrounding the “creditor/investor” debate in fund’s litigation. There have been a number of cases of particular note. First of all Citco Global v Y2K Finance where a winding up petition was brought on two basis. First of all, alleged improper redemption payments made by the fund prior to the suspension of redemptions.

    Filed under:
    British Virgin Islands, Capital Markets, Insolvency & Restructuring, Litigation, Harneys, Share (finance), Shareholder, Dividends, Memorandum of understanding, Market liquidity, Liquidation, Articles of association, Liquidator (law)
    Authors:
    Phillip Kite
    Location:
    British Virgin Islands
    Firm:
    Harneys
    When is a redemption effective?: Reserve International Liquidity Fund Ltd
    2010-04-30

    The British Virgin Island’s Commercial Court has recently delivered a decision in Western Union International Limited v Reserve International Liquidity Fund Ltd which addresses the issue of when during the redemption process a redeeming investor becomes a creditor of the fund and is therefore entitled to apply for the appointment of a liquidator.

    Filed under:
    British Virgin Islands, Capital Markets, Insolvency & Restructuring, Litigation, Ogier, Share (finance), Shareholder, Dividends, Market liquidity, Liquidation, Articles of association, Liquidator (law), Unsecured creditor, Lehman Brothers cases, Net asset value, Lehman Brothers, Companies Act 2006 (UK)
    Authors:
    Simon Schilder
    Location:
    British Virgin Islands
    Firm:
    Ogier
    When is a redemption effective: Reserve International Liquidity Fund Ltd
    2010-05-12

    The British Virgin Islands Commercial Court has recently delivered a decision in Western Union International Limited v Reserve International Liquidity Fund Ltd which addresses the issue of when during the redemption process a redeeming investor becomes a creditor of the fund and is therefore entitled to apply for the appointment of a liquidator.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Ogier, Share (finance), Shareholder, Dividends, Market liquidity, Liquidation, Articles of association, Unsecured creditor, Lehman Brothers cases, Net asset value, Lehman Brothers, Companies Act 2006 (UK)
    Authors:
    Simon Schilder
    Location:
    British Virgin Islands
    Firm:
    Ogier

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