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    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
    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, Uyghur Forced Labor Prevention Act 2021 (USA)
    Authors:
    Frederick (Rick) Hyman , Evan Y. Chuck , David R. Stepp
    Location:
    USA
    Firm:
    Crowell & Moring LLP
    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 , Jade M. Edwards
    Location:
    USA
    Firm:
    Mayer Brown
    English Court appoints administrators to sanctioned company before license issued
    2023-02-08

    CargoLogicAir Limited (the Company) was the UK's only all-cargo main deck freight airline. Due to sanctions imposed on its Russian owner, the Company was unable to effectively trade and pay its debts as they fell due despite obtaining a 'Basic Needs Licence'. Its sole director applied to appoint administrators.

    Issues

    The court considered two key issues:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Trade & Customs, Taylor Wessing, Sanctions
    Authors:
    Louise Jennings , Callum Chamberlain
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    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, Airbnb, International Swaps and Derivatives Association
    Location:
    United Kingdom
    Firm:
    DLA Piper
    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
    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
    "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, White & Case, Foreign direct investment, Supply chain, Due diligence, Competition and Markets Authority (UK)
    Authors:
    Gareth Eagles , Will Stoner , Dorothea James
    Location:
    European Union
    Firm:
    White & Case
    The Commission prolongs and amends its Temporary Crisis Framework relaxing State aid rules to support the economy following the aggression against Ukraine by Russia
    2022-11-02

    On 28 October 2022, the European Commission (the “Commission”) adopted the second amendment to its Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia (the “Framework”). The second amendment to the Framework extends its duration by one year until 31 December 2023.

    The four most important things you need to know about this amendment are:

    Filed under:
    European Union, Energy & Natural Resources, Insolvency & Restructuring, Trade & Customs, Covington & Burling LLP, State aid, European Commission
    Authors:
    Johan Ysewyn , Sophie Bertin , Carole Maczkovics , Antoine Espinasse
    Location:
    European Union
    Firm:
    Covington & Burling LLP
    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, HFW, Supply chain, Mediation, Due diligence, Carbon neutrality, Force majeure, Sanctions, ESG, Coronavirus, Anti-bribery and corruption, European Commission, US Department of Justice, Office of Foreign Assets Control (USA), Commodity Futures Trading Commission (USA), Bank of England, Foreign Corrupt Practices Act 1977 (USA)
    Authors:
    DAN PERERA , Justine Barthe-Dejean , Barry Vitou , Kate Fisher , Surekha Sujith , Alistair Feeney , Brian Perrott , Ranjani Sundar , Jo Garland , Sarah Hunt , Hermance Schaerlig , Adam Richardson , Suzanne Meiklejohn
    Location:
    Australia, European Union, Global, Russia, Ukraine, United Kingdom, USA
    Firm:
    HFW

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