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UK restructuring a year in retrospect
2023-02-01

UK Restructuring A YEAR IN RETROSPECT 2 Contents Introduction Birmingham London North West Yorkshire UK team UK Restructuring Employment UK Restructuring Section Header Section Header Contents 3 Robert Russell UK Head of Restructuring +44 (0)161 235 4147 [email protected] 2022 – Unpredictable circumstances It would be fair to say that 2022 was not an easy year.

Filed under:
United Kingdom, Derivatives, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Trade & Customs, DLA Piper, Supply chain, Fintech, International Swaps and Derivatives Association
Location:
United Kingdom
Firm:
DLA Piper
View Original Article
Caribbean regulatory update Q1 2023
2023-01-12

This Regulatory Update provides a snapshot of the key legal developments in the BVI and the Cayman Islands over the last quarter – including amendments to BVI business company fees, the introduction of the BVI Virtual Asset Service Providers Act, and an update on the list of director names which is now publicly available in the BVI. It also contains a reminder of the January 2023 filing deadlines in the Cayman Islands, amendments to the Cayman LLC legislation and details of the highest possible rating given to the Cayman Islands by OECD for effectiveness of AEOI regime.

Filed under:
British Virgin Islands, Cayman Islands, Company & Commercial, Compliance Management, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Non-profit Organizations, Tax, Trade & Customs, White Collar Crime, Mourant, Cybersecurity, Anti-money laundering, OECD, Financial Action Task Force, European Court of Justice
Location:
British Virgin Islands, Cayman Islands
Firm:
Mourant
View Original Article
Keeping up with the Trend: The New DIFC Insolvency Law
2019-06-26
  • Introduction

    The latest in the series of insolvency regime reformations in the Middle East is the new Dubai International Financial Centre insolvency law; DIFC Law 1 of 2019 (the New Law). Subject to article 1(4) of the New Law, the New Law repeals and replaces DIFC Insolvency Law 3 of 2013 (the Old Law). Article 3 of the New Law states that it applies in the jurisdiction of the DIFC, meaning that it applies to all DIFC incorporated entities. The New Law will come into force on 28 August 2019.

Filed under:
Global, United Arab Emirates, Insolvency & Restructuring, Trade & Customs, Afridi & Angell, Debtor
Location:
Global, United Arab Emirates
Firm:
Afridi & Angell
View Original Article
Non-Debtor Awarded Sanctions for an Improper Filing of an Involuntary Petition
2022-12-15

Section 303(i) of the Bankruptcy Code authorizes the court to award the debtor sanctions on account of an improper filing of an involuntary petition against it. But can a non-debtor third-party obtain such a relief? Yes, says the Bankruptcy Court In In re Vascular Access Centers, L.P., No. 19-17117 (AMC), 2022 WL 17366463 (Bankr. E.D. Pa. Dec. 1, 2022).

Background

Filed under:
USA, Insolvency & Restructuring, Litigation, Trade & Customs, Dechert LLP, Pennsylvania Supreme Court
Authors:
Shmuel Vasser
Location:
USA
Firm:
Dechert LLP
View Original Article
"Taking the Keys": Six things to consider for credit investors contemplating share pledge enforcement
2022-11-08

Rises in energy costs, disruption to global supply chains, the situation in Ukraine, soaring inflation and higher interest rates are pushing several major European economies towards recession. Borrowers and issuers in the leveraged loan and high yield markets are feeling the impact and the benign refinancing conditions of 2021 are long gone. The natural consequence is rising default rates – S&P's global corporate default count for 2022 surpassed 2021's year-to-date tally during September.

Filed under:
European Union, Banking, Insolvency & Restructuring, Trade & Customs, Foreign direct investment, Supply chain, Due diligence, Competition and Markets Authority (UK)
Authors:
Gareth Eagles , Christian Pilkington , Will Stoner
Location:
European Union
View Original Article
Sanctions no bar to sanction: Nostrum Oil & Gas PLC’s scheme of arrangement
2022-09-07

Nostrum Oil & Gas PLC’s scheme of arrangement under Part 26 of the Companies Act 2006 (the “Scheme”) was sanctioned on 26 August 2022, with the “scheme effective date” occurring on 31 August 2022.

Filed under:
United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Trade & Customs, Hogan Lovells, Sanctions, Office of Foreign Assets Control (USA)
Authors:
Naomi Parmar
Location:
United Kingdom
Firm:
Hogan Lovells
View Original Article
Securities Sanctions Survive Bankruptcy, British Columbia Court of Appeal Rules
2022-08-31

A bankruptcy discharge releases the debtor from pre-bankruptcy debts or liabilities. The purpose is to give the debtor a “fresh start” from excessive debts that cannot be repaid, except in certain situations such as where the debt arises from deceitful or fraudulent conduct. In Poonian v. British Columbia (Securities Commission), the British Columbia Court of Appeal held that securities sanctions are excluded from bankruptcy discharge.

Filed under:
Canada, British Columbia, Capital Markets, Insolvency & Restructuring, Litigation, Trade & Customs, Baker McKenzie, Insolvency, Alberta Securities Commission, British Columbia Court of Appeal
Authors:
Michael Nowina
Location:
Canada
Firm:
Baker McKenzie
View Original Article
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
Sanctions Risk and Preserving Distressed Assets in the United Kingdom
2022-09-06

In Short

The Situation: As businesses continue to grapple with realising the value of business and assets which are potentially impacted by sanctions related to Russia's war in Ukraine, an English company recently utilised an insolvency process to seek court approval for a proposed divestment.

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Trade & Customs, Jones Day, Insolvency, Office of Financial Sanctions Implementation (UK)
Authors:
David Harding , Ben Larkin
Location:
United Kingdom
Firm:
Jones Day
View Original Article
Doing business in the United States 2022
2022-09-20

The U.S. is one of the easiest jurisdictions in the world in which to do business. Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much more employer-friendly than in most other developed economies, and the legal system is well-developed and transparent. However, there are certain barriers to entry and challenges to doing business that should be taken into account before investing or establishing operations in the U.S.

Filed under:
USA, Arbitration & ADR, Company & Commercial, Competition & Antitrust, Copyrights, Designs and trade secrets, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Patents, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Anti-money laundering, Foreign Corrupt Practices Act 1977 (USA)
Location:
USA
Firm:
Hogan Lovells
View Original Article

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