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    Yukon Zinc: Reining in the Ability to Disclaim Contracts and Priority for Environmental Liabilities
    2021-04-09

    We previously discussed the Court's decision in Yukon (Government of) v Yukon Zinc Corporation, 2020 YKSC 16, which opened the door to partial termination of agreements in a receivership, an action generally considered to not be permitted in the past.

    Filed under:
    Canada, Environment & Climate Change, Insolvency & Restructuring, Litigation, Real Estate, Bennett Jones LLP, Mediation
    Authors:
    Kenneth T. Lenz Q.C. , Keely Cameron , David E. Gruber
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Court of Appeal summaries (March 29 - April 2, 2021)
    2021-04-04

    Good afternoon.

    Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario.

    Filed under:
    Canada, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, Litigation, Professional Negligence, Blaney McMurtry LLP, Bankruptcy, Mediation, 5G network, Ontario Superior Court of Justice, British Columbia Supreme Court
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Court of Appeal Gives Guidance on Scope of Crown’s Super Priority for Environmental Remediation Under the Bankruptcy and Insolvency Act
    2021-03-17

    Overview

    This bulletin is the first of a Fasken series about the recent decision of the Court of Appeal of Yukon in the ongoing receivership proceedings of Yukon Zinc Corporation (“Yukon Zinc”), indexed as 2021 YKCA 2. The decision addresses several important issues, including: (i) the scope of Section 14.06(7) of the Bankruptcy and Insolvency Act (“BIA”), which creates the Crown’s super priority charge for environmental remediation over the real property of a debtor; and (ii) Crown claims relating to unfurnished security or future costs.

    Filed under:
    Canada, Yukon, Environment & Climate Change, Insolvency & Restructuring, Litigation, Fasken, Mediation
    Authors:
    Kibben Jackson , Fergus McDonnell , Mishaal Gill
    Location:
    Canada
    Firm:
    Fasken
    Bradley’s Bankruptcy Basics: Chapter 13 Bankruptcy — Consumer Bankruptcy with a Payment Plan
    2021-03-16

    Chapter 13 bankruptcy provides relief only to individuals with regular income. This Chapter is most frequently used by debtors who have sufficient disposable monthly income to make some payments over time to their creditors. Chapter 13 debtors frequently have enough equity in their residence that, if they were to file for Chapter 7, the residence would likely be sold for payment to creditors.

    Filed under:
    USA, Insolvency & Restructuring, Bradley Arant Boult Cummings LLP, Mediation, Coronavirus
    Authors:
    Alexandra Dugan , Christy W. Hancock
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Are you trending? Key legal issues to look out for in 2021
    2021-03-15

    As of Q1 2021, vaccines have started to reduce hospitalisations in numerous countries, but global variations in vaccine manufacturing, distribution, procurement and adoption ensure that 2021 will be a year of patchwork ‘new normals’ worldwide. New, more infectious and potentially more robust variants may render COVID-19 endemic, further fragmenting governments’ response. Despite the prominence of the pandemic, other issues (such as Brexit and data protection) have also been notable within searches.

    Filed under:
    European Union, Global, United Kingdom, Arbitration & ADR, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Patents, Public, Trademarks, White Collar Crime, Lexology, Brexit, Private equity, Supply chain, Mediation, Gender pay gap, Fintech, Force majeure, Gig economy, Personal data, Coronavirus, GDPR
    Authors:
    Kieran Morgan
    Location:
    European Union, Global, United Kingdom
    Firm:
    Lexology
    Davies Restructuring Review 2021: Issue 1
    2021-03-04

    Davies Restructuring Review 2021: Issue 1 Contents The Insolvency Landscape One Year into the COVID-19 Storm 01 Global Outlook on Corporate Insolvency: Lessons from Past Crises?

    Filed under:
    Canada, USA, Ontario, Insolvency & Restructuring, Insurance, Litigation, Davies Ward Phillips & Vineberg LLP, Mediation, Force majeure, Coronavirus
    Location:
    Canada, USA
    Firm:
    Davies Ward Phillips & Vineberg LLP
    Key Developments In Canadian Insolvency Case Law In 2020
    2021-02-17

    In 2020, several significant judicial decisions were rendered across Canada relevant to commercial lenders, businesses and restructuring professionals. This bulletin summarizes the core issues of importance in each case and provides status updates on the cases reported on in our January 2020 bulletin, Key Developments in Canadian Insolvency Case Law in 2019.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Mediation
    Authors:
    Pamela L. J. Huff , Linc Rogers , Caitlin McIntyre
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP
    Insurance and Reinsurance Disputes Annual Review 2020
    2021-02-11

    INSURANCE AND REINSURANCE DISPUTES

    2020 REVIEW

    The contents of this publication are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.

    INSURANCE AND REINSURANCE DISPUTES 2020 REVIEW

    Contents

    Preface

    Filed under:
    European Union, United Kingdom, Aviation, Company & Commercial, Competition & Antitrust, Employment & Labor, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Real Estate, Herbert Smith Freehills LLP, Brexit, Employee Retirement Income Security Act 1974 (USA), Money laundering, Mediation, Due diligence, Force majeure, Personal data, Cybersecurity, Coronavirus, Financial Conduct Authority (UK), European Commission, Barclays, HM Revenue and Customs (UK), CJEU, Serious Fraud Office (UK), European Medicines Agency, House of Lords, European Free Trade Association, GDPR, Solvency II Directive (2009/138/EU), Court of Justice of the European Union, Employment Appeal Tribunal, Technology and Construction Court
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    German Act on the Further Development of Restructuring and Insolvency Law (SanInsFoG)
    2021-01-26

    A comprehensive change to German insolvency and restructuring law has become effective starting 1 January 2021. The change allows that a company's reorganization is possible without insolvency and includes the majority decision of its creditors.

    Filed under:
    Germany, Insolvency & Restructuring, K&L Gates LLP, Mediation, Coronavirus
    Authors:
    Dr. Georg Bernsau , Volker Gattringer , Nadja Raiß , Dr. Matthias Grund, LL.M.
    Location:
    Germany
    Firm:
    K&L Gates LLP
    COVID-19: Key updates for compliance teams
    2020-06-19

    Lexology Pro Compliancetakes a look at some of the most informative articles published on Lexology this fortnight for compliance teams to stay up-to-date, including key guidance from regulators around the world and practical tips to help businesses adapt to a new normal.

    Filed under:
    Australia, Canada, European Union, Global, United Kingdom, USA, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Compliance Management, Copyrights, Corporate Finance/M&A, Crime, Designs and trade secrets, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Internet & Social Media, IT & Data Protection, Litigation, Securitization & Structured Finance, White Collar Crime, Lexology PRO, Contractual term, Regulatory compliance, Confidentiality, Data security, Information privacy, Fraud, Class action, Mobile app, Data processing, Insider trading, Cybercrime, Money laundering, Mediation, Voluntary disclosure, Due diligence, Price fixing, Bank fraud, Cryptocurrency, Data management, Contract management, Anti-corruption, Data transfers, Merger control, Right to privacy, Data sharing, Digital health, Collusion, Cyberattack, Risk assessment, Personal data, Cybersecurity, Risk management, Data protection, Investigations, Third-party risk, Crisis management, Coronavirus, M&A, Coronavirus compliance, Price gouging, US Securities and Exchange Commission, GDPR, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Samantha Neil
    Location:
    Australia, Canada, European Union, Global, United Kingdom, USA
    Firm:
    Lexology PRO

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