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    Second Circuit Rules That Syndicated Term Loans Are Not Securities
    2023-09-27

    On August 24, 2023, the U.S. Court of Appeals for the Second Circuit held in Kirschner v. JP Morgan Chase Bank, N.A. et al. that certain syndicated term loans2 at the center of a transaction involving JP Morgan Chase and other banks were not securities under state law. While the Second Circuit did not foreclose the possibility that syndicated term loans could be securities under different circumstances,3 for now Kirschner cements the long-standing view -- following Banco Espanol de Credito v.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Cahill Gordon & Reindel LLP, Medicare, Medicaid, Confidential information, US Securities and Exchange Commission, US Department of Justice, Federal Deposit Insurance Corporation (USA), Bank of Montreal Financial Group, False Claims Act 1863 (USA)
    Location:
    USA
    Firm:
    Cahill Gordon & Reindel LLP
    The Real Cause Behind Alpine Summit Energy Partners’ Bankruptcy: A Lesson on Embracing Sustainability
    2023-07-25

    In recent times, the corporate landscape has witnessed a significant shift as Environmental, Social, and Governance (ESG) initiatives gain traction among investor and consumer groups. Companies operating in carbon-centric industries, particularly those involved in fossil fuel extraction, are experiencing challenges in securing new funding. One such company, Nashville-based driller Alpine Summit Energy Partners, has made headlines by seeking bankruptcy protection, citing the lack of funding in the oil and gas industry due to growing ESG and sustainability concerns.

    Filed under:
    Thailand, Capital Markets, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Silk Legal, ESG, US Securities and Exchange Commission, Australian Securities and Investments Commission, European Securities and Markets Authority
    Authors:
    Dr. Paul Crosio
    Location:
    Thailand
    Firm:
    Silk Legal
    Shopping for Distressed Crypto Assets or Troubled Crypto Businesses? Don’t Leave Home Without This Roadmap
    2023-06-08

    Investing in or acquiring distressed assets can be a lucrative investment strategy for those with a healthy risk appetite and a roadmap for sourcing and evaluating quality assets.

    Following a steep run-up in crypto asset prices and valuations of crypto-adjacent businesses in the last two years, there has been a sharp increase in companies and assets in the space looking at deeply distressed valuations, liquidity crunches or formal insolvency or bankruptcy proceedings.

    Filed under:
    USA, Banking, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Mayer Brown, Blockchain, Due diligence, Cryptocurrency, Confidential information, Insolvency, US Securities and Exchange Commission
    Authors:
    Joseph A. Castelluccio , Matteo Daste , Joaquin M. C De Baca , Douglas E. Spelfogel
    Location:
    USA
    Firm:
    Mayer Brown
    Delaware Bankruptcy Court Approves DIP Financing of 700 Bitcoin
    2023-06-09

    On May 8, 2023, online cryptocurrency exchange platform Bittrex, Inc. and three of its affiliated entities (collectively “Bittrex”) filed for chapter 11 to wind down their U.S. and long-dormant Malta operations. The bankruptcy filing followed costly regulatory investigations and an April 17, 2023 SEC enforcement action alleging that Bittrex improperly sold crypto assets that were securities. Unlike other crypto bankruptcies, Bittrex did not risk, hypothecate, or loan cryptocurrencies needed to meet its contractual obligations to its customers.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Squire Patton Boggs, Bitcoin, Cryptocurrency, US Securities and Exchange Commission
    Authors:
    Kyle F. Arendsen
    Location:
    USA
    Firm:
    Squire Patton Boggs
    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
    SEC Brings Suit against Independent Trustees, Adviser and Registered Fund Officers
    2023-05-11

    On May 5, 2023, the SEC filed a civil complaint in the U.S. District Court for the Northern District of New York against a mutual fund’s adviser for aiding and abetting violations of Rule 22e-4 (the “Liquidity Rule”) by the mutual fund it advised (the “Fund”) and whose Liquidity Risk Management Program (“LRMP”) it administered.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Ropes & Gray LLP, Liquidity risk, Internal Revenue Service (USA), US Securities and Exchange Commission, Internal Revenue Code (USA)
    Location:
    USA
    Firm:
    Ropes & Gray LLP
    Hong Kong court recognises that crypto is property
    2023-04-27

    The Hong Kong High Court has found that cryptocurrencies are property in a landmark case, further boosting the city’s virtual asset industry and its ambition to become the Asian crypto hub.

    Filed under:
    Australia, Hong Kong, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Piper Alderman, Blockchain, Cryptocurrency, Ethereum, US Securities and Exchange Commission, FTX
    Authors:
    Michael Bacina , Steven Pettigrove , Jake Huang
    Location:
    Australia, Hong Kong
    Firm:
    Piper Alderman
    Crypto Contagion - Managing Risk on Multiple Fronts
    2023-04-04

    Crypto firm bankruptcies and resulting disruption in the crypto ecosystem will continue to exacerbate liquidity and regulatory concerns in this space. Signs of contagion are evident as prices of almost every cryptocurrency type have halved in recent months. Since all participants supporting the crypto ecosystem are at risk, managing that risk is critical.

    Fund managers should be prepared on multiple fronts, as the following examples illustrate:

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Proskauer Rose LLP, Bankruptcy, Venture capital, Cryptocurrency, Anti-money laundering, Non-fungible tokens, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA)
    Authors:
    Margaret A Dale , Michael R Hackett , William C Komaroff , Timothy W Mungovan , Dorothy Murray , Joshua M Newville , Todd J. Ohlms , Robert Pommer , Seetha Ramachandran , Robert H. Sutton , John Verwey , Jonathan M. Weiss , Julia D. Alonzo , Julia M. Ansanelli , Charles Bishop , Massimo B. Capizzi , William D Dalsen , Adam L. Deming , Reut N. Samuels , MIchael Singh , Hena M. Vora
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Portfolio Companies in Distress: Navigating the Risks from SVB and Other Threats to Liquidity and Solvency
    2023-03-30

    Everything, everywhere, all at once is our risk thesis for 2023, but one must not forget about concentration risk. This issue has rocketed up diligence agendas for LPs and GPs alike as the collapse of Silicon Valley Bank proved it really was the bank for venture capital.The entry of SVB into receivership on March 10, 2023 highlighted just how central it had become to U.S.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Proskauer Rose LLP, Private equity, Venture capital, US Securities and Exchange Commission, Federal Deposit Insurance Corporation (USA), Silicon Valley Bank
    Authors:
    Jonathan M. Weiss , Margaret A Dale , Michael R Hackett , William C Komaroff , Nathan R Lander , Timothy W Mungovan , Dorothy Murray , Joshua M Newville , Todd J. Ohlms , Robert Pommer , Seetha Ramachandran , Robert H. Sutton , John Verwey , Julia D. Alonzo , Julia M. Ansanelli , Charles Bishop , Massimo B. Capizzi , William D Dalsen , Reut N. Samuels , MIchael Singh , Hena M. Vora , Adam L. Deming
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Preparing for Doomsday: A Primer for Creditors to Protect their Rights Against the Demise of Cryptocurrency
    2023-03-27

    FTX. Blockfi. Voyager. Celsius Network. Genesis. Silvergate Capital Corp. Whether due to alleged corporate fraud or the waterfall effect of a downward spiraling industry, as the past year has unfolded more and more cryptocurrency giants—previously touted by pundits and celebrities as sound new age investments—have filed for relief under the United States Bankruptcy Code.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Fredrikson & Byron PA, Bitcoin, Cryptocurrency, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), US Congress, FTX
    Authors:
    Samuel M. Andre , Dominick J. Grande
    Location:
    USA
    Firm:
    Fredrikson & Byron PA

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