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    ML Covered - February 2025
    <br>
    2025-02-10

    We are pleased to share our latest instalment of ML Covered, our monthly round-up of key events relevant to those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.

    Insolvency Service publishes its 2024/25 enforcement actions against directors

    The Insolvency Service has published its enforcement outcomes for 2024-25, detailing the enforcement actions taken against directors. The information is not for the entire year but covers the period between April 2024 to December 2024.

    Filed under:
    India, United Kingdom, Insolvency & Restructuring, Litigation, RPC, Sexual harassment, Non-disclosure agreement, Workplace harassment, Artificial intelligence, Gig economy, Cybersecurity, Insolvency, Insolvency Service (UK), UK Supreme Court
    Authors:
    Rachael Healey , Matthew Watson , Kim Wright , Zoe Melegari , Andrew Oberholzer , Charlotte Bray
    Location:
    India, United Kingdom
    Firm:
    RPC
    California Court Decision Further Scrutinizes the Friendly PC Model - Now What?
    2024-06-24

    From the West Coast Healthcare Deskis an ongoing series of Holland & Knight Healthcare Blog articles and alerts focused on healthcare industry developments and points of interest in the West Coast healthcare marketplace. Holland & Knight's nationally ranked healthcare practice has been focused on healthcare compliance, transactional, reimbursement and operational trends that have often started in California before spreading nationwide – managed care and various capitated and quality-based reimbursement models being the most obvious examples.

    Filed under:
    USA, California, Compliance Management, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Holland & Knight LLP, Private equity, Sexual harassment
    Authors:
    John C. Saran , Kenneth Jonathan Yood , Shalyn Watkins
    Location:
    USA
    Firm:
    Holland & Knight LLP
    Asian Legal Update First Quarter 2023 (January- March)
    2023-05-19

    Indonesia Authors: Miriam Andreta and Hans Adiputra Kurniawan 1. Bankruptcy and Liquidation: Updates Brought by PPSK Law With respect to bankruptcy and liquidation of certain parties (public listed companies, banks, non-bank financial institutions), there are certain updates and clarifications set out in Law on Development and Improvement of Financial Sector (also known by its local abbreviation “PPSK Law”) - which came into effect on 12 January 2023 (except for certain provisions that are explicitly intended to take effect otherwise).

    Filed under:
    India, Indonesia, Malaysia, Philippines, Singapore, Thailand, Vietnam, Banking, Company & Commercial, Competition & Antitrust, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Nishimura & Asahi, Cybercrime, Mediation, Sexual harassment, Due diligence, Merger control, Data privacy, Anti-bribery and corruption, US Securities and Exchange Commission, Bank Indonesia, Competition Act 1985 (Canada)
    Location:
    India, Indonesia, Malaysia, Philippines, Singapore, Thailand, Vietnam
    Firm:
    Nishimura & Asahi
    2023 - Topics that may Concern You
    2022-12-19

    2022 has been a challenging year. In addition to the continuing impact of COVID-19 and the recent relaxation measures in China, the war in Ukraine has also brought impacts on society, politics and businesses.

    Filed under:
    China, Global, Company & Commercial, Competition & Antitrust, Compliance Management, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Insurance, IT & Data Protection, Tax, CMS, China, Corporate governance, Big data, Supply chain, Sexual harassment, Due diligence, Artificial intelligence, Articles of association, Cybersecurity, Coronavirus, US Congress
    Authors:
    Dr. Ulrike Glueck , Nicolas Zhu , Jeanette Yu , Philipp Senff , Kevin Wang , Gilbert Shen , Panpan Tang
    Location:
    China, Global
    Firm:
    CMS, China
    2021 M&A reporter: Q2
    2021-08-06

    COVID-19 M&A Lessons

    Filed under:
    USA, Company & Commercial, Corporate Finance/M&A, Environment & Climate Change, Insolvency & Restructuring, Litigation, Public, Hunton Andrews Kurth LLP, Bribery, Corporate governance, Private equity, Climate change, Supply chain, Sexual harassment, Due diligence, ESG, Coronavirus
    Authors:
    Steven M. Haas , J. Steven Patterson , James A. Kennedy, II , J. R. Smith , Justin F. Paget , Eric Wilson , Scott H Kimpel , Hannah Flint
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Doing business in the United States 2021
    2021-01-15

    Doing business in the United States

    2021

    2

    Hogan Lovells

    Doing business in the United States 2021

    3

    Contents

    Introduction1

    I.Openness of U.S. markets to foreign investment

    2

    II.Direct or indirect market entry and choice of entity

    8

    III. Commercial contracting

    20

    IV.Labor and employment law considerations

    26

    V.Immigration laws

    34

    VI.Intellectual property laws

    40

    VII. Export control and economic sanction laws

    46

    VIII. U.S. antitrust laws

    56

    Filed under:
    USA, Capital Markets, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Healthcare & Life Sciences, Immigration, Insolvency & Restructuring, Litigation, Patents, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Medicare, Bribery, Corporate governance, Money laundering, Sexual harassment, H-1B visa, Due diligence, Non-disclosure agreement, Cybersecurity, Coronavirus, Personal protective equipment, Internal Revenue Service (USA), US Securities and Exchange Commission, Federal Trade Commission (USA), Equal Employment Opportunity Commission (USA), US Department of Justice, Office of Foreign Assets Control (USA), USPTO, US Department of Labor, National Labor Relations Board (USA), Financial Crimes Enforcement Network (USA), US International Trade Commission, Office of Federal Contract Compliance Programs (USA), Microsoft, Committee on Foreign Investment in the United States, Family and Medical Leave Act 1993 (USA), Fair Labor Standards Act 1938 (USA), Americans with Disabilities Act 1990 (USA), Foreign Corrupt Practices Act 1977 (USA), Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA), USMCA, CARES Act 2020 (USA)
    Location:
    USA
    Firm:
    Hogan Lovells
    Doing Business in the United States 2020
    2020-03-13

    The Labor and Employment Group at Hogan Lovells is proud to have contributed to the 2020 version of the firm’s Doing Business in the United States Guide. The Guide provides a high-level overview of the laws and practices important to foreign investors interested in operating in the United States, including recent legal developments.

    Filed under:
    USA, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Immigration, Insolvency & Restructuring, Patents, Public, Tax, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Foreign direct investment, Value added tax, Board of directors, Limited liability company, Limited liability partnership, Money laundering, Sexual harassment, Age discrimination, Internal Revenue Service (USA), Occupational Safety and Health Administration (USA), Federal Trade Commission (USA), Office of Foreign Assets Control (USA), Financial Crimes Enforcement Network (USA), US Department of the Treasury, Foreign Investment Review Board, US DoJ Antitrust Division, Committee on Foreign Investment in the United States, NAFTA, Bureau of Economic Analysis, Civil Rights Act 1964 (USA), Export Administration Regulations (USA), Family and Medical Leave Act 1993 (USA), Americans with Disabilities Act 1990 (USA), Foreign Corrupt Practices Act 1977 (USA), Worker Adjustment and Retraining Notification Act 1988 (USA), Pregnancy Discrimination Act 1978 (USA), Clayton Antitrust Act 1914 (USA), USA PATRIOT Act 2001, Equal Pay Act 1963 (USA), Uniform Commercial Code (USA), General Agreement on Tariffs and Trade, National Labor Relations Act 1935 (USA), USMCA
    Location:
    USA
    Firm:
    Hogan Lovells
    Weinstein Bankruptcy Decisions Find Talent Agreement NonExecutory, but Post-Closing Obligations Must be Honored
    2019-02-14

    The Weinstein Company Holdings bankruptcy decisions clarify a buyer’s ongoing obligations under contracts purchased in bankruptcy, subject to resolution of appeals.

    Executive Summary

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Sexual harassment, United States bankruptcy court
    Authors:
    Ted A. Dillman , Andrew M. Parlen , Nina June Grandin
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Judgment in sexual harassment case not dischargeable in bankruptcy
    2007-11-06

    An employee of a car care business accused the co-owner's business partner of sexually harassing her. Incredibly (and as an example of what not to do about a sexual harassment claim), the co-owner told her to stop flirting with his partner and asked her to sign a memo that "anything that happened was of a consensual nature." The employee was told she would be fired if she did not sign the memo. She refused to sign and did not return to work.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Costs in English law, Debtor, Debt, Consent, Sexual harassment, Bankruptcy discharge, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Weinstein Bankruptcy Decisions Find Talent Agreement NonExecutory, but Post-Closing Obligations Must be Honored
    2019-02-14

    The Weinstein Company Holdings bankruptcy decisions clarify a buyer’s ongoing obligations under contracts purchased in bankruptcy, subject to resolution of appeals.

    Executive Summary

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Sexual harassment, United States bankruptcy court
    Location:
    USA
    Firm:
    Latham & Watkins LLP

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