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Commodities Bulletin, October 2022
2022-10-07

Welcome to the October 2022 edition of the HFW Commodities bulletin.

In this extended edition, a number of our partners from across the globe have taken time to reflect on the profound impact of the Russian invasion of Ukraine on the commodities sector. It includes contributions from our offices in Australia, Geneva, London and Singapore, with articles on energy and food security, sanctions, insolvency, regulation, the energy transition and force majeure.

On the back page, you will find details of the latest news and where you can meet the team next.

Filed under:
Australia, European Union, Global, Russia, Ukraine, United Kingdom, USA, Company & Commercial, Derivatives, Energy & Natural Resources, Insolvency & Restructuring, Product Regulation & Liability, Trade & Customs, Supply chain, Mediation, Due diligence, Force majeure, Sanctions, ESG, Coronavirus, Anti-bribery and corruption, Foreign Corrupt Practices Act 1977 (USA), European Commission, US Department of Justice, Office of Foreign Assets Control (USA), Commodity Futures Trading Commission (USA), Bank of England
Authors:
Justine Barthe-Dejean
Location:
Australia, European Union, Global, Russia, Ukraine, United Kingdom, USA
View Original Article
Sins of the fathers? New GM’s liability for ignition switch claims
2015-11-16

The General Motors chapter 11 case continues to produce interesting decisions on a variety of bankruptcy issues. Most recently, the bankruptcy court issued an opinion on the liability of “New GM” for alleged ignition switch defects, many of which involve vehicles manufactured by “Old GM” prior to the bankruptcy filing.

Filed under:
USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Squire Patton Boggs, General Motors, United States bankruptcy court
Authors:
G. Christopher Meyer
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Energy future judge sets bar date for unmanifested asbestos claims
2015-02-02

On January 7, the Bankruptcy Court for the District of Delaware issued an opinion that may have far reaching effects on cases involving asbestos liability.  Companies with potential asbestos liability, and actual and potential asbestos claimants, would be well advised to consider the Court’s opinion.

Filed under:
USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Squire Patton Boggs, US District Court for District of Delaware
Authors:
Kristin E. Richner
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Up in Smoke: More Cannabis Companies Get Shut Out of Bankruptcy
2019-10-30

In another loss for the cannabis industry, a district court recently affirmed the dismissal of chapter 11 petitions filed by companies that sold product used by both state-licensed marijuana growers and non-marijuana growers. The district court’s decision in Way to Grow, Inc. demonstrates that the door that was opened by the Ninth Circuit in Garvin v. Cook Invs.

Filed under:
USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Squire Patton Boggs, Debtor
Authors:
Mark A. Salzberg
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Fifth Circuit Rules for PACA Claimants, and Weakens PACA, All in One Curious Ruling
2017-02-15

The Perishable Agricultural Commodities Act regulates transactions in fresh and frozen fruits and vegetables. It does this in part by creating a general trust for the benefit of produce sellers.

Filed under:
USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Commodity, Liquidation, Fifth Circuit
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)
View Original Article
Third Circuit overrules Frenville accrual test to hold that asbestos-related claims arise when the claimant is exposed
2010-06-16

The United States Court of Appeals for the Third Circuit on June 2, 2010, sitting en banc, overruled its own precedential holding in Avellino & Beines v. M. Frenville Co. (Frenville), 744 F.2d 332 (3d Cir. 1984), to hold that in the context of asbestos-related tort claims, a “claim” under the Bankruptcy Code arises when an individual is exposed pre-petition to a product giving rise to an injury rather than when the injury manifests itself. JED-WEN, Inc. v. Van Brunt (In re Grossman’s), No. 1563, slip op. at 18 (3d Cir. June 2, 2010).

Filed under:
USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Dechert LLP, Bankruptcy, Conflict of laws, Retail, Debtor, Federal Reporter, US Code, Title 11 of the US Code, MFG.com, United States bankruptcy court, Fifth Circuit, Third Circuit, Fourth Circuit
Location:
USA
Firm:
Dechert LLP
View Original Article
Actualidad Normativa N.º 9
2014-10-14

I. Medio ambiente En materia medioambiental destacamos la aprobación de  las siguientes normas en estos últimos meses: 1. La Ley 11/2014, de 3 de julio, por la que se  modifica la Ley 26/2007, de 23 de octubre, de  Responsabilidad Medioambiental. Tiene por objeto  adaptar la actual normativa en materia de responsabilidad  ambiental para adecuarla a lo regulado por la  Directiva 2013/30/UE, del Parlamento Europeo y  del Consejo, de 12 de junio del 2013.

Filed under:
European Union, Spain, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, Product Regulation & Liability, Shipping & Transport, Tax, Telecoms, Gomez-Acebo & Pombo Abogados
Location:
European Union, Spain
Firm:
Gomez-Acebo & Pombo Abogados
View Original Article
The Issues 2014 - upcoming legal topics in the Czech Republic
2014-01-24

I am delighted to present the third edition of The Issues, an annual publication brought to you by our team at CMS Prague. As is tradition, the articles will look at general legislative developments as well as new opportunities and legal issues that you will be facing in the year ahead. We also look at sector specific topics from across industries such as consumer products, energy, financial services, hotels & leisure, lifesciences, real estate and technology, media & telecoms.

Filed under:
Czech Republic, European Union, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Internet & Social Media, Leisure & Tourism, Product Regulation & Liability, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP
Location:
Czech Republic, European Union
Firm:
CMS Cameron McKenna Nabarro Olswang LLP
View Original Article
Bankruptcy Court Holds That “Economic Waste” Doctrine, as Adopted in Wisconsin, Prevented Owner From Recovering Costs to Repair Defectively Designed Digester and Awards No Damages, Even Though the Digester Was Not Designed to the Applicable Code
2017-10-26

WTE-S&S AG Enters., LLC v. GHD, Inc., 2017 Bankr. LEXIS 2343 (Bankr. N. D. Ill. August 18, 2017)

Filed under:
USA, Construction, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Troutman Pepper, United States bankruptcy court
Location:
USA
Firm:
Troutman Pepper
View Original Article
Doing business in Canada
2014-10-22

doing business in Canada 2 | doing business in Canada Canada is one of the world’s premier locations for business investment. Boasting an exceptional wealth of natural resources, a sound financial system and world-class infrastructure, Canada is known for innovation in a wide range of sectors. And with generous research and development incentives, low corporate tax rates, and easy access to major U.S. markets, Canada is a top destination for foreign companies seeking a foothold in North America.

Filed under:
Canada, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Franchising, Immigration, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Media & Entertainment, Product Regulation & Liability, Real Estate, Tax, Trade & Customs, Gowling WLG
Location:
Canada
Firm:
Gowling WLG
View Original Article

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