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    Directors’ Duties - England & Wales Considerations for Directors When a Company Is in Financial Difficulty
    2020-04-22

    This quick guide summarises the duties that directors of companies incorporated in England and Wales are subject to, and how those duties change when the company is insolvent or at risk of being insolvent. It also provides an overview of the p

    This quick guide summarises the duties that directors of companies incorporated in England and Wales are subject to, and how those duties change when the company is insolvent or at risk of being insolvent. It also provides an overview of the personal risk to directors when the company is in financial difficulty.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Tax, Squire Patton Boggs, Coronavirus, HM Revenue and Customs (UK), European Securities and Markets Authority
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    [FCRA] Creditors Walk a Fine Line When Communicating With a Debtor During and After Bankruptcy
    2020-04-22

    EDITOR’S NOTE: SQUIRE PATTON BOGGS WILL SOON BE LAUNCHING A NEW FAST-PACED AND EXCITING BLOG EXPANDING BEYOND TCPA TO SHOWCASE ITS TREMENDOUS DEPTH IN ISSUES OF FCRA, BIPA, CCPA AND CONSUMER PRIVACY LITIGATION GENERALLY. IN THE MEANTIME WE WILL BE TEMPORARILY HOUSING SOME OF THIS CONTENT HERE ON TCPAWORLD.COM. WE WILL LABEL THESE ARTICLES WITH SUBJECT MATTER BRACKETS.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Personal data, California Consumer Privacy Act 2018 (USA)
    Authors:
    Amy B. Doolittle
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Directors’ Duties - Poland Considerations for Directors When a Company Is in Financial Difficulty
    2020-04-21

    This quick guide summarises the duties that directors of companies incorporated in Poland are subject to and how those duties change when the company is insolvent or at risk of being insolvent.

    It also gives an overview of the personal risk to directors when the company is in financial difficulty.

    This note is intended as an overview and should not be relied on as legal advice. Should you require legal advice in relation to your specific circumstances, please contact the Restructuring & Insolvency team member listed at the end of this note.

    Filed under:
    Poland, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Board of directors, Coronavirus
    Location:
    Poland
    Firm:
    Squire Patton Boggs
    Economic Response to COVID-19: Temporary Changes to Debt Recovery Laws in Australia
    2020-04-01

    On the evening of Monday 23 March, 2020, the Australian Federal Government passed a broad range of stimulus measures under the Coronavirus Economic Response Package that is said to come into force immediately. The Coronavirus Economic Response Package is a temporary (six-month) relief package to combat the economic impacts of the coronavirus disease 2019 (COVID-19) outbreak and to provide public health measures to prevent its spread.

    Filed under:
    Australia, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus
    Authors:
    Cris Cureton , Tom H. Silvester
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    Australian Government takes swift legislative action to assist companies facing insolvency risks due to COVID-19
    2020-03-25

    The Australian Government has taken swift action to enact new legislation which significantly changes the insolvency laws relevant to all business as a result of the ongoing COVID-19 related developments.

    Snapshot

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus
    Authors:
    Masi Zaki
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    Liquidators and Administrators May Start to Feel ASIC’s “Why Not Litigate?” Approach Bite
    2019-04-29

    It has been widely reported that, post Banking Royal Commission, the Australian Securities Investigation Commission (ASIC) will take a "why not litigate?" approach. As we foreshadowed in an article last month, this scrutiny will not be confined to the banking sector but is likely to extend to anyone subject to ASIC oversight.

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Amanda Banton
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    Insolvency to Become a Bar to the Application of SOPA in NSW - But Not Yet
    2019-03-28

    In New South Wales (NSW), unlike in Victoria, claimants in liquidation have been able to make claims under Security of Payments Acts (SOPA). This has been recently reaffirmed in the case of Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In Liquidation) [2019] NSWCA 11 (Seymour), where the court doubled-down on this position and further explained why the NSW position differs from the position taken by the Victorian Court of Appeal in the infamous Faade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd [2016] VSCA 247 (Faade).

    Filed under:
    Australia, New South Wales, Construction, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Avendra Singh , Jeremy Munce
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    WA Supreme Court Awards Freezing Order in Dispute Pending Arbitration
    2018-05-23

    Without enforcement, an arbitration process and subsequent awards can be a pointless exercise. Freezing orders are an important tool in any dispute and a recent decision by the Supreme Court of Western Australia suggests that courts are willing to protect the enforceability of future awards.

    Filed under:
    Australia, Arbitration & ADR, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Brendan J. Reilly , Melissa J. Koo
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    Failure to follow deemed consent procedure did not invalidate appointment
    2018-04-19

    In the recent case of Cash Generator Limited v Fortune and others [2018] EWHC 674 (Ch), the Court determined that non-compliance with the deemed consent procedure for nominating liquidators did not invalidate their appointment. The case provides a useful summary on the relatively new provisions governing the deemed consent procedure and welcome relief to Insolvency Practitioners (“IPs”) that a failure to fully comply with such provisions will not necessarily invalidate their appointment.

    Brief facts and arguments

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Liquidator (law)
    Authors:
    Oliver Ward-Jones
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19 - 28 August 2020
    2020-08-28

    The Australian government has taken swift action to enact new legislation that significantly changes the insolvency laws relevant to all business as a result of the ongoing developments related to COVID-19

    Filed under:
    Global, USA, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus
    Location:
    Global, USA
    Firm:
    Squire Patton Boggs

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