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Insolvency Commercial Bankruptcy Corporate Governance

A&O Shearman

Not just another drop in the ocean: Thames Water and developments in restructuring plans since Adler

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In this alert, we take a look at some of the principal points arising from the Court of Appeal’s judgment in respect of the Thames Water restructuring plan, as well as the broader state of play for restructuring plans in the...more

Woodruff Sawyer

Managing Through Financial Distress: The Board’s Oversight Role and Protecting Against Litigation

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When a public company faces significant financial challenges and uncertainty, the pressure on management teams and boards of directors to make the “right” decisions intensifies. If those financial challenges are not...more

Barnea Jaffa Lande & Co.

Step-by-Step of Voluntary Liquidation in Israel

Liquidation is a legal process that ultimately dissolves the existence of a selected legal entity. During liquidation, the company empties itself of all its economic content, followed by the dissolution of its legal entity....more

White & Case LLP

Navigating Chapter 11 Restructurings in Australia: How Important is Recognition?

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In today's globalised economy, local recognition of foreign insolvency proceedings can be essential for the successful implementation of cross-border restructurings. This is particularly relevant in Australia — a popular host...more

Foley Hoag LLP

The SVB Bankruptcy Decision and Its Lessons for D&O Insurance Programs

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Directors and Officers (D&O) policies are intended first and foremost to protect a company’s individual directors and officers from significant claims which may be asserted against those individuals in their capacities as...more

Hogan Lovells

Significant developments in the UK's insolvency regime: a creditor's perspective

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In this article we look at current trends and developments at the intersection between insolvency and dispute resolution, including a rundown of some of the latest legislative changes, and issues to consider when litigating...more

Jones Day

Directors' Duties—A European Overview: Financial Distress and COVID-19 - November 2020

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A company or group's financial distress causes significant turmoil for its owners, directors, managers, employees and often its suppliers and other creditors. For directors in particular, there are significant...more

Orrick, Herrington & Sutcliffe LLP

COVID-19 UK: The Corporate Insolvency and Governance Act 2020 – The UK Restructuring Plan

Introduction - The economic impact of COVID-19 will be far reaching. Governments around the globe are currently grappling with a balance between the protection of the health of their populations and limiting damage to...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 94: Mapping COVID-19’s Impact on American Bankruptcy and Restructuring with Edward Tillinghast

Multinational boards are facing a major dilemma in response to COVID and its impact on their business forecasting. Many companies are facing insolvency and are left to decide how to approach bankruptcy proceedings. We’re...more

Hogan Lovells

The draft Corporate Insolvency and Governance Bill 2019-21: What's changing?

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Government interventions into economies as a result of the COVID-19 pandemic are now globally widespread. To date, in the UK, this has predominantly been focused on relief measures targeted at financial support, including the...more

Morgan Lewis

Effective Immediately: UK Government Increases ‘Prescribed Part’ from £600,000 to £800,000

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With effect from 6 April, the UK government has increased the “prescribed part”—a portion of floating charge realisations that is set aside for unsecured creditors on a company’s insolvency—from £600,000 to £800,000....more

Jones Day

All Change In Europe—New Chapter 11-Style Restructuring Regime Is On Its Way!

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On 26 June 2019, the new Harmonisation Directive was formally published in the Official Journal of the European Union. As a result, by 17 July 2021, each Member State must include in its respective insolvency and...more

Jones Day

The Reform of Italian Insolvency Law: A New Preventive Restructuring Framework

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Italy recently enacted a new insolvency code (the "New Insolvency Code"), which takes effect August 14, 2020. The New Insolvency Code sets up, inter alia, (i) a new preemptive restructuring framework; (ii) new rules...more

Jones Day

UK's Proposed Corporate Restructuring Regime Follows European-Style Chapter 11 and Debtor-in-Possession Trend

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The UK Government has announced proposals to introduce a new UK restructuring plan and moratorium, together with certain other changes to the corporate governance regime relevant to companies in distress. In addition,...more

Blake, Cassels & Graydon LLP

Retail Insolvencies in Canada Series, #3: Parent Perspectives

This is the third instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders. This article discusses insolvencies from the perspective of corporate parents of distressed...more

Blank Rome LLP

Appointment Of Independent Directors On The Eve Of Bankruptcy: Why The Growing Trend?

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In recent years, companies in financial distress have found “independent” directors to be useful to achieve protections for their board members. An independent director is a director – usually with no prior affiliation to the...more

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