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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, Foreign direct investment, Corporate governance, Blockchain, Private equity, Patent infringement, Big data, Venture capital, Mediation, Fintech, Due diligence, Artificial intelligence, Cryptocurrency, SIPP, ESG, Personal data, Gaming, Cybersecurity, SPAC, Health Insurance Portability and Accountability Act 1996 (USA), GDPR, Federal Arbitration Act 1926 (USA), California Consumer Privacy Act 2018 (USA), US Securities and Exchange Commission, NASDAQ, International Centre for Settlement of Investment Disputes, Committee on Foreign Investment in the United States, ChatGPT, Silicon Valley Bank
Location:
Global, Israel, USA
View Original Article
Past its peak: the High Court of Australia confirms the abolition of the peak indebtedness rule for unfair preferences
2023-03-07

In the much-anticipated decision of Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (Badenoch (HCA)), the High Court of Australia (the HCA) has now confirmed that the peak indebtedness rule may not be used when assessing the quantum of an unfair preference claim arising from a continuing business relationship.

Filed under:
Australia, Insolvency & Restructuring, Litigation, Trade & Customs, Herbert Smith Freehills LLP, Corporations Act 2001 (Australia)
Authors:
Paul Apáthy , Margaret Fong
Location:
Australia
Firm:
Herbert Smith Freehills LLP
View Original Article
Past its peak: the High Court of Australia confirms the abolition of the peak indebtedness rule for unfair preferences
2023-03-07

In the much-anticipated decision of Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (Badenoch (HCA)), the High Court of Australia (the HCA) has now confirmed that the peak indebtedness rule may not be used when assessing the quantum of an unfair preference claim arising from a continuing business relationship.

Filed under:
Australia, Insolvency & Restructuring, Litigation, Trade & Customs, Herbert Smith Freehills LLP, Corporations Act 2001 (Australia)
Authors:
Paul Apáthy
Location:
Australia
Firm:
Herbert Smith Freehills LLP
View Original Article
De-Risking Your Supply Chain
2023-03-03

Supply chains are facing a fresh barrage of challenges. There are an almost infinite variety of issues that can arise within the supply chain. Minor irritants that historically may have just made business a bit more difficult to transact can, in the current environment, cumulatively exert significant pressure. Additionally, an over reliance on a third party or failure to spot the weakest links in this chain could have a catastrophic impact on your business

In our latest insight, we consider how to identify pinch points in your supply chain and de-risk them.

Filed under:
United Kingdom, Company & Commercial, Insolvency & Restructuring, Trade & Customs, Squire Patton Boggs, Supply chain
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
Cayman Court clarifies sanctions impact on schemes of arrangement
2023-03-02

In the recent Cayman Islands case of Re In the Matter of E-House (China) Enterprise Holdings Limited[1], dealing with creditors' schemes of arrangement, Justice Segal gave a helpful decision that provided judicial clarity on, among other matters, the potential impact of the recent sanctions regimes in the US, UK and Europe on the scheme, and the international effectiveness of the scheme.

Filed under:
Cayman Islands, European Union, United Kingdom, USA, Insolvency & Restructuring, Litigation, Trade & Customs, Ogier, Debt restructuring, Sanctions
Authors:
Paul Goss
Location:
Cayman Islands, European Union, United Kingdom, USA
Firm:
Ogier
View Original Article
Cayman Court clarifies sanctions' impact on schemes of arrangement
2023-03-02

In the recent Cayman Islands case of Re In the Matter of E-House (China) Enterprise Holdings Limited[1], dealing with creditors' schemes of arrangement, Justice Segal gave a helpful decision that provided judicial clarity on, among other matters, the potential impact of the recent sanctions regimes in the US, UK and Europe on the scheme, and the international effectiveness of the scheme.

Filed under:
Cayman Islands, European Union, United Kingdom, USA, Insolvency & Restructuring, Litigation, Trade & Customs, Ogier, Debt restructuring, Sanctions
Authors:
Paul Goss
Location:
Cayman Islands, European Union, United Kingdom, USA
Firm:
Ogier
View Original Article
An unsecured “credit bid” - a first in the UK restructuring market
2023-03-02

The UK High Court has considered and granted permission for a so called “credit bid” in an application by the Special Administrators of Sova Capital Ltd (in special administration) for a substantial portfolio of illiquid Russian securities. The transaction structure, involving the transfer of securities in exchange for the release of a £233m claim against the estate, is unprecedented in the UK where ‘credit bidding’ has no technical recognition.

Filed under:
United Kingdom, Insolvency & Restructuring, Trade & Customs, Hogan Lovells, Sanctions, Financial Conduct Authority (UK)
Authors:
Robert Peel , Camilla Eliott Lockhart , Tom Astle
Location:
United Kingdom
Firm:
Hogan Lovells
View Original Article
Continued Pain in the Retail Sector: Coming Enforcement of Forced Labor Laws
2023-02-27

After a pause in 2022, there has been much talk of the continuation, or resumption, of a wave of retail bankruptcy cases as we begin 2023. 2022 was highlighted by Revlon’s filing (discussed here: Revlon May Signal Another Wave of Retail Bankruptcies | Retail & Consumer Products Law Observer (retailconsumerproductslaw.com)).

Filed under:
USA, Insolvency & Restructuring, Trade & Customs, Crowell & Moring LLP, Supply chain
Authors:
Frederick (Rick) Hyman , David R. Stepp
Location:
USA
Firm:
Crowell & Moring LLP
View Original Article
No Double Dipping - Avianca Bankruptcy Court Demands that Foreign Creditors Drop Foreign Enforcement Proceedings at Risk of Having Bankruptcy Claims Disallowed
2023-02-13

In a January 2023 opinion,1 the Southern District of New York Bankruptcy Court overseeing the bankruptcy case of Latin American airline Avianca and certain of its affiliates sanctioned over 150 of the airline’s Brazilian and Columbian creditors who had filed proofs of claim in the bankruptcy case finding t

Filed under:
USA, Insolvency & Restructuring, Litigation, Trade & Customs, Mayer Brown, Sanctions, Coronavirus, United States bankruptcy court
Authors:
Matthew V. Wargin , Aaron Gavant
Location:
USA
Firm:
Mayer Brown
View Original Article
CAFC Wades Into Complex Intersection of Customs and Countervailing Duties
2023-02-08

In Acquisition 362 v. United States, the Court of Appeals for the Federal Circuit (CAFC) again waded into the intersection of the AD/CVD law and Customs law. Specifically, the court ruled that a protest of a U.S. Customs and Border Protection (Customs) decision must be filed within 180 days of liquidation. This is not a novel decision, but as always in AD/CVD cases with Customs, the details are crucial.

Filed under:
USA, Insolvency & Restructuring, Litigation, Trade & Customs, Customs, US Customs and Border Protection, Federal Circuit, US Court of International Trade, U.S. Court of Appeals
Location:
USA
View Original Article

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