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    Surgical Mesh claims stayed following recognition of Chapter 11 Proceedings (Re Astora Women’s Health LLC)
    2022-10-11

    The Insolvency and Companies Court has recognised Chapter 11 Proceedings in the US in respect of the manufacturer of controversial surgical mesh products which have generated a significant number of claims worldwide. The British Claimants have had their claims stayed as a result of this recognition.

    Re Astora Women’s Health LLC [2022] EWHC 2412 (Ch)

    What are the practical implications of this case?

    Filed under:
    United Kingdom, USA, Company & Commercial, Insolvency & Restructuring, Litigation, Gatehouse Chambers, UNCITRAL, United States bankruptcy court
    Authors:
    Phillip Patterson
    Location:
    United Kingdom, USA
    Firm:
    Gatehouse Chambers
    Bankruptcy Court Continues to be a Battleground on Key Healthcare Provider Issues
    2022-10-10

    The Bankruptcy Protector

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Medicare, Medicaid, Bankruptcy, Ninth Circuit
    Authors:
    Jody A. Bedenbaugh
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    When it Comes to Assuming Executory Contracts, a Default is a Default; But the Equities Still Matter
    2022-10-10

    The recent decision of the Ninth Circuit in In re Hawkeye Entertainment, LLC contains a few important takeaways with respect to the treatment of executory contracts and unexpired leases under section 365 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Greenberg Glusker Fields Claman & Machtinger LLP, Ninth Circuit
    Authors:
    Jeffrey A. Krieger
    Location:
    USA
    Firm:
    Greenberg Glusker Fields Claman & Machtinger LLP
    Selection and Organisation of Members and the Process of Formation
    2022-10-07

    Yen Sum and Hugo Bowkett, Latham & Watkins LLP

    This is an extract from the third edition of GRR's The Art of the Ad Hoc. The whole publication is available here.

    Introduction

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Global Restructuring Review, Non-disclosure agreement, US Securities and Exchange Commission, Financial Conduct Authority (UK)
    Location:
    USA
    Firm:
    Global Restructuring Review
    Contracting with an Ad Hoc Committee
    2022-10-07

    David Wallace and Jack Isaacs, Latham & Watkins LLP

    This is an extract from the third edition of GRR's The Art of the Ad Hoc. The whole publication is available here.

    Introduction

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Global Restructuring Review, Non-disclosure agreement
    Location:
    USA
    Firm:
    Global Restructuring Review
    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
    Third Circuit Holds Ethical Screen Insulates Side-Switching Lawyer’s New Firm
    2022-10-07

    The Third Circuit recently affirmed a bankruptcy court’s denial of a defendant’s motion to disqualify the plaintiff’s law firm in a large adversary proceeding, holding that it had not abused its discretion because the plaintiff law firm (W) had “complied with” American Bar Association Model Rule of Professional Conduct 1.10(a)(2). In re Maxus Energy Corp., 2022 WL 4113656, *4 (3d Cir. Sept. 9, 2022). According to the court, a lawyer (B) who “moved from” the defendant’s law firm “to the [plaintiff’s] firm” was not cause for W (the new firm) to be disqualified.

    Filed under:
    USA, Insolvency & Restructuring, Law Firm Management, Litigation, Schulte Roth & Zabel LLP, Third Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    The US Perspective
    2022-10-07

    Darren Azman and Natalie Rowles, McDermott Will & Emery

    This is an extract from the third edition of GRR's The Art of the Ad Hoc. The whole publication is available here.

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Global Restructuring Review, Corporate governance, Bankruptcy, US Department of Justice
    Location:
    USA
    Firm:
    Global Restructuring Review
    The Role and Purpose of an Ad Hoc Committee from the Perspective of Creditors
    2022-10-07

    Jacqueline Ingram and Sarah Levin, Milbank LLP

    This is an extract from the third edition of GRR's The Art of the Ad Hoc. The whole publication is available here.

    Filed under:
    USA, Insolvency & Restructuring, Global Restructuring Review, Ad hoc committee
    Location:
    USA
    Firm:
    Global Restructuring Review
    Managing the Relationships between Members
    2022-10-07

    Christopher J Howard, Sullivan & Cromwell LLP

    This is an extract from the third edition of GRR's The Art of the Ad Hoc. The whole publication is available here.

    Introduction

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Global Restructuring Review, Articles of association, Barclays, Market Abuse Regulation (MAR) (2014/596/EU)
    Location:
    United Kingdom, USA
    Firm:
    Global Restructuring Review

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