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    Updated Country Guide: Government Measures Taken in Response to COVID-19
    2020-05-07

    In collaboration with our foreign law firm partners, we continue to update our chart of COVID-19 measures taken by governments around the world. Today’s update includes new information for many countries as indicated in the chart: Global Government Measures Taken in Response to COVID-19.

    Filed under:
    Australia, Belgium, Brazil, Canada, Chile, China, Costa Rica, El Salvador, Eurasia, European Union, France, Germany, Guatemala, Honduras, India, Indonesia, Israel, Italy, Japan, Mexico, Netherlands, Panama, Philippines, Poland, Russia, South Africa, South Korea, Spain, Thailand, Turkey, United Kingdom, USA, Vietnam, Banking, Company & Commercial, Corporate Finance/M&A, Employee Benefits & Pensions, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Leisure & Tourism, Product Regulation & Liability, Projects & Procurement, Public, Real Estate, Tax, Trade & Customs, Thompson Hine LLP, Wage, Dividends, Sick leave, Tax deduction, Subsidy, Force majeure, Annual general meeting, Tax deferral, Donald Trump, Coronavirus, CARES Act 2020 (USA)
    Location:
    Australia, Belgium, Brazil, Canada, Chile, China, Costa Rica, El Salvador, Eurasia, European Union, France, Germany, Guatemala, Honduras, India, Indonesia, Israel, Italy, Japan, Mexico, Netherlands, Panama, Philippines, Poland, Russia, South Africa, South Korea, Spain, Thailand, Turkey, United Kingdom, USA, Vietnam
    Firm:
    Thompson Hine LLP
    The best of times, the worst of times
    2016-06-07

    The recent decision of the New South Wales Supreme Court in Independent Contractor Services (Aust) Pty Limited ACN 119 186 971 (in liquidation) (no 2) [2016] NSWSC 106 found that the statutory scheme of priority does not apply to realisations from circulating trust assets. This decision has potentially profound impacts for both employees and secured creditors in the context of both liquidations and receiverships.

    A summary of the case

    Filed under:
    Australia, Employee Benefits & Pensions, Insolvency & Restructuring, Corrs Chambers Westgarth, Wage, Beneficiary, Liquidation, Liquidator (law), Australian Taxation Office, Corporations Act 2001 (Australia), Trustee
    Authors:
    Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Geographical scope of wage claims in insolvent companies
    2016-03-18

    1. Employment in a Member State of workers resident therein by companies declared insolvent that, notwithstanding formal registration in a third country, have their real seat in said Member State

    Filed under:
    European Union, Employment & Labor, Insolvency & Restructuring, Litigation, Gomez-Acebo & Pombo Abogados, Wage, Court of Justice of the European Union
    Authors:
    Lourdes López Cumbre
    Location:
    European Union
    Firm:
    Gomez-Acebo & Pombo Abogados
    Court of Appeal backs High Court decision on casting votes
    2011-09-06

    The Court of Appeal has affirmed the High Court’s ruling that a voluntary administrator may only use a casting vote where the number of creditors voting for and against the resolution is equal. 

    The second limb of the test, that the 50% represent at least 75% in value, cannot be the subject of the casting vote.  Nor can the casting vote be used to choose between the number and the value.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Chapman Tripp, Wage, Shareholder, Liquidation, Voting, Prejudice, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Authors:
    Michael Arthur , Michael Harper , Matthew Yarnell , Hamish Foote
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    ВОЗНАГРАЖДЕНИЕ АРБИТРАЖНОГО УПРАВЛЯЮЩЕГО: ПЛАТА ЗА УСЛУГИ ИЛИ ЗА ОСУЩЕСТВЛЕНИЕ ПУБЛИЧНЫХ ФУНКЦИЙ?
    2013-02-26

    Литовцева Юлия, руководитель группы практики

    разрешения споров и медиации «Пепеляев Групп»,

    кандидат юридических наук

    Filed under:
    Russia, Insolvency & Restructuring, Pepeliaev Group, Wage, Bankruptcy
    Authors:
    Yulia Litovtseva
    Location:
    Russia
    Firm:
    Pepeliaev Group
    Notice entitlements under the Bankruptcy and Insolvency Act
    2015-09-24

    When a company files for bankruptcy, employees are faced with uncertainty on a number of issues. Everything from outstanding wages to benefit entitlements are suddenly at risk. Further, when a company becomes insolvent, employees are often laid off in circumstances that fail to satisfy statutory or common law notice period entitlements. However, under the Bankruptcy and Insolvency Act (“BIA”), employees are often barred from fully recovering what they are owed.

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Norton Rose Fulbright, Wage, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Gabriel Granatstein
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP
    Third party benefit providers get super priority secured claim for unpaid remittances owed by employer
    2012-06-18

    Synopsis

    In the latest decision of the British Columbia Supreme Court (the “Court”) regarding the bankruptcy of Ted LeRoy Trucking Ltd. (“TLT”), the Court found that unpaid remittances owed by TLT to third party benefit providers constituted “wages” within the meaning of the Bankruptcy and Insolvency Act (“BIA). This entitled the benefit providers to super priority secured status in the bankruptcy of TLT.

    The Facts

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Wage, Bankruptcy, Secured creditor, British Columbia Supreme Court
    Authors:
    Steven Golick , Patrick Riesterer
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Employees’ claims in Canadian bankruptcy and receivership proceedings
    2012-06-28

    In turbulent and uncertain financial times, employers and employees more often than ever find themselves immersed in and affected by insolvency proceedings. Particularly for employees, there is often misunderstanding and misinformation respecting the nature of the proceedings and employees’ rights thereunder. In this article, after a brief description of the most common forms of insolvency proceedings in Canada, the rights and entitlements of employees under these proceedings will be discussed.

    Bankruptcy

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Norton Rose Fulbright, Wage, Bankruptcy, Debtor, Bankruptcy and Insolvency Act 1985 (Canada), British Columbia Supreme Court
    Authors:
    Kyle D. Kashuba
    Location:
    Canada
    Firm:
    Norton Rose Fulbright
    Stepping into the employees’ shoes: third party benefit providers entitled to super priority secured claim for unpaid remittances owed by employer
    2012-06-05

    In the latest decision of the British Columbia Supreme Court (the “Court”) regarding the bankruptcy of Ted LeRoy Trucking Ltd.

    Filed under:
    Canada, British Columbia, Employment & Labor, Insolvency & Restructuring, Insurance, Litigation, Osler Hoskin & Harcourt LLP, Wage, Bankruptcy, British Columbia Supreme Court
    Authors:
    Steven Golick , Patrick Riesterer
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    WEPPA amendments may eliminate key bankruptcy eligibility period
    2012-02-03

    The definition of “eligible wages” under theWage Earner Protection Program Act1 (“WEPPA”) was amended on December 15, 2011. Under the original definition, employees could claim under the wage earner protection program (“WEPP”) for payment of wages earned during either (i) the six-month period ending on the date of bankruptcy of the former employer, or (ii) the six-month period ending on the first day on which there was a receiver in relation to the former employer. The definition did not deal with CCAA or BIA restructurings.

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Cassels Brock & Blackwell LLP, Wage, Bankruptcy
    Authors:
    Eleonore Morris
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP

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