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Brexit Withdrawal Agreement Receives Royal Assent

Following the result of the UK’s referendum in 2016 on leaving the European Union, the Withdrawal Agreement negotiated between the United Kingdom and the European Union on 23 January 2020 finally received Royal Assent from...more

1/27/2020  /  EU , UK , UK Brexit , Withdrawal Agreement

The Truth about Dishonesty in Fraudulent Trading under English Law

Case: Pantiles Investments Ltd & Anor v Winckler [2019] EWHC 1298 (Ch) (23 May 2019) - A recent decision of the English High Court (the “Court”) has found a director guilty of fraudulent trading under s. 213 Insolvency Act...more

Return of Crown Preference at the Expense of Floating Chargeholders

Much controversy followed the British government’s announcement in 2018 that it intended to reintroduce a statutory priority for certain tax debts of companies subject to the UK insolvency regime. Following consultation by...more

Defrauding Creditors Through Dividends, and the Shift of Directors’ Duties

The Court of Appeal of England and Wales (“CA”) made a significant ruling on two matters affecting the powers and duties of directors of English companies....more

New UK Insolvency Regime for Universities and Colleges

The introduction of a special insolvency regime for university education and sixth form colleges in England and Wales (“Colleges”) is timely in light of growing concerns about debt-heavy Colleges. The new insolvency regime...more

How the UK Government's “No Deal Brexit” Planning Impacts Cross-Border Restructuring and Insolvency in the UK

English law restructuring and insolvency tools are used to implement financial restructurings and the external administration of foreign companies. The attractiveness of the English tools and legal system is highlighted by...more

International Investor Sentiment Toward Brexit - Views From Major Tech And Financial Centers

Amid the uncertainty Brexit has created, foreign investors are assessing their existing and prospective investments in the UK, with particular focus on Brexit’s potential impact on EU-UK trade and labor mobility. No one has a...more

A “palliative” approach to insolvency in the retail world?

The retail sector is in the midst of a deeply disruptive shift as online shopping increasingly puts its long-term future in peril. Howard Morris, head of the business restructuring and insolvency group at Morrison & Foerster...more

Not Chapter 11 but Chapter 11-ish

Parents, headmasters, hoteliers, restauranteurs, insurers and countries love them or hate them, depending on how their school or restaurant, company or nation is ranked. I’m referring to the World Bank’s annual Doing...more

Brexit: The UK Supreme Court Confirms that Only Parliament Has the Power to Trigger Article 50

The Supreme Court has spoken - .. On 24 January 2017, the Supreme Court, the UK’s highest court, ruled that Parliament must be consulted before Article 50 is triggered. Article 50 is the provision of the Treaty of the...more

8 Things You Need To Know About EU's Insolvency Proposal

Did the European Commission read our article this summer? Because in November, harking back two years to its “recommendation,” which most of the industry had forgotten, the commission, now by directive, will mandate European...more

12/14/2016  /  EU , European Commission , Insolvency , Member State , UK

MoFo Brexit Briefing: Flourishing by becoming familiar: how to attract restructuring investors to the post-Brexit UK

The process of Brexit will take years, and the implications for our clients’ businesses will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and working...more

Brexit: Impact on Restructuring and Insolvency for Credit Institutions

The process of Brexit will take many years, and the implications for our clients’ businesses will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

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