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English Court Confirms Expansive Jurisdiction to Reverse Transactions to Defraud Creditors Even Outside Insolvencies

The ruling confirmed that Section 423 of the Insolvency Act 1986 has extensive international reach, and does not require a transaction at an undervalue to leave the debtor with insufficient assets. Background - The...more

Transacting With Troubled Companies – 3 Tips for PE Deal Teams Navigating Stressed, Distressed, and Insolvent Acquisitions

Successfully executing an acquisition from stress, distress, or insolvency requires a creative approach to reconcile competing interests. ...more

COVID-19: UK Government Temporarily Suspends Wrongful Trading Rules to Assist Directors of Affected Companies

The Corporate Insolvency & Governance Act introduces temporary and permanent changes to UK insolvency and restructuring laws. On 28 March 2020, the UK government announced a number of reforms to UK insolvency...more

COVID-19: UK Government Temporarily Suspends Wrongful Trading Rules to Assist Directors of Affected Companies

Given the many fast-paced UK government announcements of COVID-19-related measures, this Client Alert provides a summary, as of 28 March 2020, of the proposed changes to UK insolvency laws. As of 28 March 2020, the UK...more

UK Court of Appeal: Creditors Can Seek to Reverse Lawful Dividend Payments

Ruling provides helpful reminder to directors, companies, and creditors that Section 423 of the Insolvency Act 1986 applies even outside of insolvency. Background - The UK Court of Appeal has upheld a decision that a...more

English Court Confirms International Jurisdiction to Set Aside Transactions Defrauding Creditors

Section 423 of the Insolvency Act 1986 continues to be a useful tool available to creditors for challenging transactions at an undervalue. Section 423 gives the English court the power to set aside a transaction (most...more

Deal Teams Can Scheme to Success

Schemes of arrangement are a well-known and familiar tool for many within M&A. They are often used to implement acquisitions of public or widely held companies or restructurings of financial indebtedness, frequently as part...more

High Court Decision in Norske Skog: Puh! (Norwegian for Phew!)

Ruling confirms majority noteholder should not be disenfranchised from voting - The English High Court held that it had jurisdiction in a cross-border dispute involving the Norske Skog group (Norske Skog), and confirmed...more

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