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    546(e)’s Not-So-Safe Harbor: Second Influential Judge Echoes Concerns that Broad Exemption Shelters Pirates
    2023-03-28

    Delaware Judge Brendan Shannon has joined calls for reforming Section 546(e) of the bankruptcy code, echoing concerns that the section’s safe harbor from fraudulent transfer liability has allowed investors to “loot privately held companies to the detriment of their non-insider creditors with effective impunity.”[1]

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bracewell LLP, Private equity, US Congress
    Authors:
    Robert Grattan , Jason G. Cohen
    Location:
    USA
    Firm:
    Bracewell LLP
    The US-Israel legal review 2022
    2023-03-20

    A GLOBAL LEGAL MEDIA & NISHLIS LEGAL MARKETING PUBLICATION THE US-ISRAEL LEGAL REVIEW 2022 IN ASSOCIATION WITH: Israel’s Unicorn Success Story SNNOVATION The US-Israel Legal Review 2022 1 Contents THE US-ISRAEL LEGAL REVIEW 2022 2 WELCOME FROM THE PUBLISHERS Global Legal Media and Nishlis Legal Marketing 4 ECONOMIC HEADWINDS, A HOT WAR AND A TRADE WAR: THE IMPACT ON ISRAEL’S COMPANIES With rising interest rates, rising inflation and reduced growth forecasts, how has that reality been faced by corporate clients and start-ups? Arnon, Tadmor-Levy provide some answers.

    Filed under:
    Global, Israel, USA, New York, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Litigation, Patents, Tax, Trade & Customs, Nishlis Legal Marketing, Foreign direct investment, Corporate governance, Blockchain, Private equity, Patent infringement, Big data, Venture capital, Mediation, Fintech, Due diligence, Artificial intelligence, Cryptocurrency, SIPP, Machine learning, Digital health, ESG, Personal data, Gaming, Cybersecurity, SPAC, ChatGPT, US Securities and Exchange Commission, NASDAQ, International Centre for Settlement of Investment Disputes, Committee on Foreign Investment in the United States, California Privacy Protection Agency, Silicon Valley Bank, Health Insurance Portability and Accountability Act 1996 (USA), GDPR, Federal Arbitration Act 1926 (USA), California Consumer Privacy Act 2018 (USA), California Privacy Rights Act 2020 (USA)
    Location:
    Global, Israel, USA
    Firm:
    Nishlis Legal Marketing
    Silicon Valley Bank and Signature Bank
    2023-03-16

    The FDIC has statutory obligations to maximize the net present value return from the sale or disposition of the assets entrusted to it as receiver, and to minimize the amount of any loss realized.[1] Today we examine the FDIC’s efforts to fulfill its mandate through the transfer of assets to bridge-banks, Silicon Valley Bank, N.A. (“SVB”) and Signature Bank, N.A. (“SB”).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Seyfarth Shaw LLP, Private equity, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, Silicon Valley Bank
    Authors:
    William J. Hanlon , David M. Bizar
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    SVB and Distressed Banks: Lessons Learned from a Wild Weekend
    2023-03-14

    US governmental authorities, including the US Department of the Treasury, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation, took actions to provide both insured and uninsured depositors of Silicon Valley Bank (SVB) (as well as Signature Bank) access to their deposits beginning Monday, March 13. However, despite these actions, many customers are still dealing with the aftermath of an uncertain weekend, and practical questions remain to be answered.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Morgan, Lewis & Bockius LLP, Private equity, Federal Deposit Insurance Corporation (USA), US Department of the Treasury, HSBC, Bank of England, Silicon Valley Bank
    Authors:
    Edwin E. Smith , Christopher M. Paridon , Erin E. Martin , Richard Hanson , Ian A. Wright
    Location:
    USA
    Firm:
    Morgan, Lewis & Bockius LLP
    Are you impacted by the collapse of Silicon Valley Bank?
    2023-03-12

    The collapse will have far reaching ramifications for many businesses and financial institutions across the UK

    On Friday 10 March 2023 it was announced that the Bank of England intends to place Silicon Valley Bank UK Limited (SBV UK) into a Bank Insolvency Procedure following the collapse of its parent company, Silicon Valley Bank, in the US.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, FRP Advisory, Private equity, Supply chain, Insolvency, Bank of England, Silicon Valley Bank
    Authors:
    Geoff Rowley , Raj Mittal , Chris Adlam
    Location:
    United Kingdom
    Firm:
    FRP Advisory
    Making it official: The Grand Court outlines the principles for converting a voluntary liquidation into an official liquidation
    2023-03-09

    In Re Touradji Private Equity Master Fund Ltd, the Grand Court of the Cayman Islands made a supervision order in respect of three funds in voluntary liquidation, following applications by certain aggrieved investors and the joint voluntary liquidators, and over the objections of the investment manager.

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Litigation, Ogier, Private equity, Liquidation, Companies Act, Cayman Islands Court of Appeal
    Authors:
    Gemma Bellfield (nee Lardner) , Corey Byrne
    Location:
    Cayman Islands
    Firm:
    Ogier
    European private equity real estate 2023
    2023-03-09

    Two broad themes are currently emerging in relation to European private equity real estate financing.

    First, market commentary has noted that €150 billion of this finance is due to mature by 2025 – the "wall of credit".

    Filed under:
    European Union, Luxembourg, Banking, Insolvency & Restructuring, Real Estate, Ogier, Private equity, Insolvency Regulation (1346/2000) (EU)
    Location:
    European Union, Luxembourg
    Firm:
    Ogier
    Is unfair prejudice caused by a private equity investor invoking enhanced voting rights upon insolvency?
    2023-02-16

    In a recent judgment (Durose & Ors v Tagco BV & Ors [2022] EWHC 3000 (Ch)), the Court was asked to decide whether the actions of a private equity investor demonstrated "unfair prejudice". In this insight we cover what steps companies should take in light of the Court's ruling.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Gowling WLG, Private equity, Articles of association, Insolvency
    Authors:
    Charlotte Howell , Catherine Naylor , Sean Adams , Louise Macdonald
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    European leveraged finance: Choosing the right path
    2023-01-31

    European leveraged finance markets paused for breath in 2022, due to rising interest rates, volatile geopolitics and a tightening of financial markets across the board—but what can we expect in 2023?

    Filed under:
    European Union, United Kingdom, USA, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Public, White & Case, Foreign direct investment, Private equity, Climate change, Supply chain, Carbon neutrality, Euribor, Bank of England
    Location:
    European Union, United Kingdom, USA
    Firm:
    White & Case
    European leveraged loan restructurings: why the next downturn will be different
    2023-01-19

    Although the IMF recently announced at Davos that it would upgrade its global economic forecasts, with an improvement predicted in the later part of 2023 and into 2024, times remain difficult for many companies and their lenders – and are likely to remain so for a while yet.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, Hogan Lovells, Private equity, HM Revenue and Customs (UK), Corporate Insolvency and Governance Act 2020, National Security and Investment Act 2021 (UK)
    Authors:
    Tom Astle , Francis Booth , James Maltby , Margaret Kemp , Susan Whitehead
    Location:
    United Kingdom
    Firm:
    Hogan Lovells

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