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    General Newsletter - December 2025
    1969-12-31
    Filed under:
    India, USA, Arbitration & ADR, Banking, Capital Markets, Competition & Antitrust, Compliance Management, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, IT & Data Protection, Litigation, Media & Entertainment, Trade & Customs, White Collar Crime, DSK Legal, Advertising, Cybercrime, Mediation, Sexual harassment, Non-competes, Due diligence, Unfair dismissal, Workplace harassment, Tariffs, Gaming, Anti-money laundering, Deepfakes, Reserve Bank of India, Securities and Exchange Board of India, Aon, Leahy-Smith America Invents Act 2011 (USA), Trade Act 1974 (USA), Trade Expansion Act 1962 (USA), International Emergency Economic Powers Act 1977 (USA), Competition Act 1985 (Canada), Insolvency and Bankruptcy Code (India), Court of Justice of the European Union
    Firm:
    DSK Legal
    What the new Companies House identity verification framework means for insolvency professionals
    2025-11-27

    From 18 November 2025, the UK’s new Companies House identity verification (IDV) framework took effect, representing one of the most substantial reforms to corporate administration in recent years. The reforms, introduced under the Economic Crime and Corporate Transparency Act 2023, aim to enhance corporate transparency and prevent misuse of UK entities.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, White Collar Crime, Dentons, Know your customer, Anti-money laundering, Insolvency, Economic Crime and Corporate Transparency Act 2023 (UK)
    Authors:
    Christopher Colclough , Ian Fox
    Location:
    United Kingdom
    Firm:
    Dentons
    The Insolvency Service's investigations strategy: a new era of enforcement
    2025-11-27

    The Insolvency Service has for many decades been the Government department responsible for the oversight of bankruptcies, compulsory insolvencies and, in more serious cases, the disqualification of individual directors.

    Filed under:
    United Kingdom, Compliance Management, Insolvency & Restructuring, Tax, White Collar Crime, Mishcon de Reya, Corporate governance, Supply chain, HM Revenue and Customs (UK), US Department of the Treasury, Insolvency Service (UK), Economic Crime and Corporate Transparency Act 2023 (UK)
    Authors:
    Matthew Ewens , Sam Smart , Arna Mathiesen
    Location:
    United Kingdom
    Firm:
    Mishcon de Reya
    Analyzing the Interplay Between PMLA and IBC: Supreme Court’s Perspective on Section 32A and Property Protection for Corporate Debtors
    2025-06-24

    Introduction

    Filed under:
    India, Insolvency & Restructuring, Litigation, White Collar Crime, Kings & Alliance LLP, Anti-money laundering, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Location:
    India
    Firm:
    Kings & Alliance LLP
    IBC vs. PMLA: Supreme Court Reinforces Jurisdictional Boundaries in Kalyani Transco Case
    <br>
    2025-06-10

    The Insolvency and Bankruptcy Code, 2016 (“IBC”), was enacted to inter alia provide a consolidated framework to resolve insolvency in a time-bound manner and to maximise the value of assets. This objective is further aided by a moratorium under Section 14 that halts legal proceedings against the corporate debtor, and the immunity provision under Section 32A, which offers a fresh slate to resolution applicants upon plan approval.

    Filed under:
    India, Insolvency & Restructuring, Litigation, White Collar Crime, Cyril Amarchand Mangaldas, Anti-money laundering, National Company Law Tribunal
    Authors:
    Vikash Kumar Jha , Namrata Sadhnani
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Collateral Gains? High Court Rules Indirect Economic Benefits Too Remote in Petrofac Plan
    <br>
    2025-05-23

    Introduction

    On 20 May 2025, Mr Justice Marcus Smith handed down his eagerly-awaited judgment sanctioning the two inter-conditional restructuring plans (the Plans) proposed by members of the Petrofac Group. The judgment raises issues described as “going to the heart of the Part 26A regime” and is significant as the first case to consider the application of the Court of Appeal’s ruling in Thames Water.

    The judgment addresses three particularly interesting points:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White Collar Crime, Freshfields, HM Revenue and Customs (UK), Office of Foreign Assets Control (USA), Serious Fraud Office (UK)
    Authors:
    Caroline Platt , Rob Gray , Lindsay Hingston , Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields
    General Newsletter, May 2025
    2025-05-08

    1 2 Capital Market 9 Dispute Resolution 14 Fintech 19 Media and Entertainment 24 RERA 27 Sports and Gaming 39 White Collar Crime 03 Competition Law 11 Employment Law 17 International Trade/ WTO 19 MCA 25 Restructuring and Insolvency 34 Technology 40 3 EXTENSION OF TIMELINE FOR FORMULATION OF IMPLEMENTATION STANDARDS PERTAINING TO SEBI CIRCULAR ON “SAFER PARTICIPATION OF RETAIL INVESTORS IN ALGORITHMIC TRADING”1 Securities Exchange Board of India (“SEBI”) issued a circular “Safer participation of retail investors in algorithmic trading” dated February 04, 2025, which aimed at ensuring safer

    Filed under:
    India, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Compliance Management, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Media & Entertainment, Real Estate, White Collar Crime, DSK Legal, Corporate governance, Know your customer, Blockchain, Advertising, Fintech, Due diligence, Non-disclosure agreement, Tariffs, ESG, Litigation funding, Gaming, Cybersecurity, Anti-money laundering, Data privacy, Esports, Reserve Bank of India, Securities and Exchange Board of India, Unilever, Singapore International Arbitration Centre, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), Rights of Persons with Disabilities Act 2016 (India), Supreme Court of India, Court of Arbitration for Sport
    Location:
    India
    Firm:
    DSK Legal
    Petrofac restructuring plans move forwards: notice and fees in the spotlight
    <br>
    2025-04-17

    On 8 April 2025, Mr Justice Marcus Smith delivered judgment granting Petrofac Limited and Petrofac International (UAE) LLC (the Plan Companies) permission to convene creditor meetings in respect of two inter-conditional restructuring Plans (the Plans). The fulsome judgment, following hearings on 28 February and 20 March, contains a number of interesting points:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White Collar Crime, Freshfields, Anti-bribery and corruption, Office of Foreign Assets Control (USA), Serious Fraud Office (UK)
    Authors:
    Katharina Crinson , Richard Tett , Caroline Platt , Rob Gray
    Location:
    United Kingdom
    Firm:
    Freshfields
    Insurance Quarterly Legal and Regulatory Update: 1 October 2023 - 31 December 2023
    2024-02-06

    1. SOLVENCY II

    1.1 Solvency II Directive review: Provisional political agreement reached on proposed Solvency II amending Directive

    Filed under:
    European Union, Ireland, United Kingdom, Banking, Insolvency & Restructuring, Insurance, White Collar Crime, Dillon Eustace LLP, Digital transformation, ESG, Anti-money laundering, Greenwashing, European Commission, European Parliament, European Insurance and Occupational Pensions Authority, Central Bank of Ireland, European Securities and Markets Authority, Department of Enterprise, Trade and Employment (Ireland), MiFID, Solvency II Directive (2009/138/EU), Sustainable Finance Disclosure Regulation (2019/2088/EU), EU Artificial Intelligence Act
    Location:
    European Union, Ireland, United Kingdom
    Firm:
    Dillon Eustace LLP
    Mallinckrodt Trust Asserts Novel Argument in Response to Safe Harbor Defense (US)
    2024-02-26

    A common defense to a fraudulent transfer claim in bankruptcy concerning a securities transaction is the “safe harbor” defense under section 546(e) of the Bankruptcy Code. In a unique twist, a post-confirmation trust in Delaware recently argued that the safe harbor defense should not be available if the underlying transaction was illegal under the law where the debtor/transferor was incorporated.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, White Collar Crime, Squire Patton Boggs
    Authors:
    Kyle F. Arendsen
    Location:
    USA
    Firm:
    Squire Patton Boggs

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