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    Testing times for the "Supplier of Last Resort" regime as UK gas prices continue to rise
    2021-09-21

    Kwasi Kwarteng, UK Business and Energy Secretary is reported to have said on 20 September that “My task is to ensure that any energy supplier failures cause the least amount of disruption to consumers”.

    Wholesale day-ahead gas prices in the UK are reported to have jumped some 9% on 20 September alone. The rise is as a result of a number of factors including increased demand in Asia, lower supplies of gas from Russia and increase in demand as countries emerge from lockdown restrictions and economies start to pick up once more.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Mayer Brown
    Authors:
    Michael Fiddy , Fatema Begum
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    In re Fencepost Productions: Prudential Standing Doctrine Blocks a Subordinated Creditor from Voting
    2021-04-26

    In a March 2021 decision in the jointly administered bankruptcy cases of Fencepost Productions, Inc. and certain of its affiliates, Judge Dale L.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Lisa A. Holl Chang , Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    Opinion of Interest - In re United Refining Company: Destruction of Records and the Accrual of Tort Claims
    2021-02-19

    In a January 2021 decision issued in the re-opened United Refining Company1 bankruptcy case, Judge Lopez of the Southern District of Texas Bankruptcy Court addressed when a tort claim is deemed to arise for purposes

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Youmi Kim , Aaron Gavant , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    Marblegate Under Attack! Or Not? Out-of-Court Bond Restructurings in Light of NY Court of Appeals Decision in CNH Diversified
    2020-11-03

    In its October 22, 2020, CNH Diversified Opportunities Master Account, L.P. v.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, U.S. Court of Appeals
    Authors:
    Samuel R. Rabuck , Aaron Gavant , Sean T. Scott , Matthew V. Wargin
    Location:
    USA
    Firm:
    Mayer Brown
    Jurisdictional Conflict Between FERC and Bankruptcy Courts Spills Over to Natural Gas Agreements
    2020-07-06

    The existing jurisdictional conflict1 between US bankruptcy courts under the Federal Bankruptcy Code and the Federal Energy Regulatory Commission (FERC) regarding required approvals for a debtor in bankruptcy to reject an executory Federal Power Act (FPA)-jurisdictional agreement has also been asserted by FERC with respect to Natural Gas Act (NGA)-jurisdictiona

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Mayer Brown, United States bankruptcy court
    Authors:
    J. Paul Forrester
    Location:
    USA
    Firm:
    Mayer Brown
    Our 12 Most Common Insolvency Questions in Receivables and Payables Finance
    2020-04-15

    Supply chain finance products have a well-deserved reputation of being fairly low risk propositions. The majority of facilities are uncommitted, exposures are typically short-term and many counterparties are highly rated and well capitalized.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Coronavirus, Title 11 of the US Code
    Authors:
    Richard G. Ziegler
    Location:
    USA
    Firm:
    Mayer Brown
    The UK Supreme Court re-visits attribution of directors' knowledge and the illegality defence once more
    2019-11-01

    Following the judgments in recent years on attribution to a company of its directors' knowledge in Bilta (UK) Ltd (In Liquidation) v Nazir [2015] UKSC 23 and UBS AG (London Branch) and another v Kommunale Wasserwerke Leipzig [2017] EWCA Civ 1567, the UK Supreme Court has once more returned to this issue in Singularis Holdings Ltd (in Official Liquidation) (a Company Incorporated in The Cayman Islands) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50, in a case where a bank (Daiwa) was held liable for breaching its Quincecare duty of care to its customer,

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Barclays, UK Supreme Court
    Authors:
    Ian McDonald
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Public M&A Spotlight - November 2018
    2019-04-23

    When executing public M&A transactions, dealmakers need to understand local market practice as well as the local regulatory environment.

    Filed under:
    France, Germany, Hong Kong, United Kingdom, USA, Delaware, Banking, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Public, Mayer Brown, Real estate investment trust, Financial Conduct Authority (UK), Securities and Futures Commission (Hong Kong), EEA, Federal Financial Supervisory Authority, Delaware Court of Chancery, Delaware Supreme Court
    Location:
    France, Germany, Hong Kong, United Kingdom, USA
    Firm:
    Mayer Brown
    Guide to Doing Business in Hong Kong
    2018-07-16

    A Guide to Doing BUSINESS IN HONG KONG Contents Introduction Hong Kong at a Glance 1 Political System 1 Legal System 1 Economic System 1 Investment Incentives 1 Financial System 1 International Relationships 1 Relationship with the PRC 2 Belt and Road Initiative 2 General Data Protection Regulation 2 Business Vehicles Types of Business Vehicle 5 Business Registration 5 Special Types of Business 5 Hong Kong Companies 5 Incorporation of a Private Limited Company 5 Branch Operations 7 Reasons for Choosing a Branch or Subsidiary 7 Representative Offices 8 Sole Proprietorships/General Partnershi

    Filed under:
    Hong Kong, Arbitration & ADR, Company & Commercial, Competition & Antitrust, Employment & Labor, Insolvency & Restructuring, Intellectual Property, Mayer Brown
    Location:
    Hong Kong
    Firm:
    Mayer Brown JSM
    Six Things Every Purchaser of US Commercial Accounts Receivable Should Know
    2017-06-15

    Over the past several years, non-recourse receivables financing has been embraced by many major financial institutions and non-bank investors in the US market. With its (i) favorable regulatory treatment for regulated institutions, (ii) perceived positive risk/reward profile and (iii) adaptability to recent technological advancements such as distributed ledger technology (i.e., blockchain), non-recourse receivables financing likely will grow increasingly popular in the US market.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Mayer Brown, Uniform Commercial Code (USA)
    Authors:
    Massimo Capretta , Richard G. Ziegler
    Location:
    USA
    Firm:
    Mayer Brown

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