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Brexit Q&A: Business Implications

On Thursday 23 June 2016, the UK electorate voted to leave the European Union. While this vote was advisory in nature, we expect that ultimately the UK Government and Parliament will respect the outcome and serve notice to...more

Delaware Organizational Meeting – iON Worldwide, Inc.

Upcoming Committee Formation Meeting: Wednesday July 6, 2016, 10:30 AM - Case Name: iON Worldwide, Inc. Case Number: 16-11543 (LSS)...more

To whom does privilege belong in insolvency?

The Court ordered a law firm to stop acting for the main creditor of a bankrupt individual in circumstances where it had reviewed documents privileged to that individual. The law firm, which also acted for the trustees in...more

New Delaware Chapter 11 Filing – iON Worldwide LLC

iON Worldwide, LLC, a maker of point-of-view video cameras, has filed a chapter 11 petition before the United States Bankruptcy Court for the District of Delaware (Case No. 16-11543)....more

Alberta Energy Regulator releases interim measures in response to Redwater Decision

On May 19, 2016, the Alberta Court of Queen’s Bench issued their decision, Redwater Energy Corporation Re, 2016 ABQB 278 (“Redwater Decision”), which we discussed in our recent alert, “Insolvency and energy insights: The...more

Delaware Organizational Meeting – Maxus Energy Corporation, et al.

Upcoming Committee Formation Meeting: Tuesday June 27, 2016, 10:00 AM - Case Name: Maxus Energy Corporation, et al. Case Number: 16-11501 (CSS)...more

Delaware Bankruptcy Court: provision granting creditor veto over debtor’s decision to file bankruptcy violates federal public...

In a case of first impression, DLA Piper argued before the US Bankruptcy Court for the District of Delaware that a consent provision in a Delaware LLC operating agreement effectively granting a creditor a veto right over a...more

Supreme Court Holds That “Actual Fraud” Under Section 523(a)(2)(A) of the Bankruptcy Code May Include Fraudulent Transfers That...

On May 16, 2016, the United States Supreme Court in Husky International Electronics v. Ritz held that the phrase “actual fraud” under section 523(a)(2)(A) of the Bankruptcy Code may include fraudulent transfer schemes that...more

Bulletin 2016-16: Alberta Energy Regulator Releases New Requirements in Wake of Redwater Decision

Industry and the public may face significantly higher costs as a result of the much anticipated decision of the Alberta Court of Queen’s Bench in Redwater Energy Corporation (Re), 2016 ABQB 278, issued on May 19, 2016. The...more

Supreme Court Update: Halo Electronics V. Pulse Electronics (14-1513), Kirtsaeng V. John Wiley & Sons, Inc. (15-375), United...

With just two weeks to go before the end of June, the pace of decisions is increasing, and keeping us increasingly busy. We're going to get you almost caught up to speed tonight, with summaries of five of the six decisions...more

Contractual Close-Out Netting Ineffective in the Event of Insolvency

In a decision of 9 June 2016, the German Federal Court of Justice (Bundesgerichtshof, "BGH") has ruled that the determination of the close-out amount in a netting provision based on the German Master Agreement for Financial...more

Middle East focus: the Dubai International Financial Centre as a conduit jurisdiction

In DNB Bank ASA v. Gulf Eyadah Corporation and Gulf Navigation Holdings PJSC CA 007/2015, the Dubai International Financial Centre (DIFC) Court of Appeal has delivered a landmark judgment which expands the jurisdiction of the...more

Delaware Bankruptcy Court Invalidates on Public Policy Grounds a “Golden Share” Provision in LLC Agreement Designed to Limit LLC’s...

In a June 3, 2016 decision, the United States Bankruptcy Court for the District of Delaware (“the Bankruptcy Court”) invalidated, on federal public policy grounds, a provision in the debtor-LLC’s operating agreement that it...more

New Delaware Chapter 11 Filings – Maxus Energy Corporation et al.

Maxus Energy Corporation and four affiliates have filed chapter 11 petitions before the United States Bankruptcy Court for the District of Delaware (Lead Case No. 16-11501)....more

Law on financial restructuring was adopted in Ukraine

On 14 June 2016 the Verkhovna Rada of Ukraine adopted the Law “On Financial Restructuring” (the Law), which aims to solve many conflicts and assist in debt restructurings in Ukraine. The Law provides a new procedure for...more

Law on financial restructuring was adopted in Ukraine (Ukrainian)

On 14 June 2016 the Verkhovna Rada of Ukraine adopted the Law “On Financial Restructuring” (the Law), which aims to solve many conflicts and assist in debt restructurings in Ukraine. The Law provides a new procedure for...more

Delaware Organizational Meeting – Draw Another Circle, LLC, et al.

Upcoming Committee Formation Meeting: Tuesday June 21, 2016, 10:00 AM - Case Name: Draw Another Circle, LLC, et al. Case Number: 16-11452 (KJC)...more

Delaware Organizational Meeting – Hercules Offshore, Inc.

Upcoming Committee Formation Meeting: June 9, 2016, 10:00 AM - Case Name: Hercules Offshore, Inc. Case Number: 16-11385 (KJC)...more

Mainbrace: June 2016 (No. 3)

As the July 1, 2016, effective date for the SOLAS Regulation VI/2 amendments quickly approaches, unanswered questions and difficulties complying with varied international and domestic implementations loom large. In an effort...more

To Assume or Reject: Unexpired Real Property Leases in Bankruptcy

When a debtor files for bankruptcy, certain contracts that are executory such as unexpired real property leases may be assumed or rejected as part of the bankruptcy process. This ability to assume or reject has significant...more

Supreme Court Decides Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust

On June 13, 2016, the Supreme Court of the United States decided Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust, No. 15-233, holding that Chapter 9 of the federal bankruptcy code preempts Puerto Rico’s...more

New Chapter 11 Case – Abengoa Bioenergy Meramec Holding, Inc. (Affiliate of Abeinsa Holding Inc.)

Abengoa Bioenergy Meramec Holding, Inc., an affiliate of Abeinsa Holding Inc. and other debtors, has commenced a case (Case No. 16-11450) under Chapter 11 of the Bankruptcy Code by filing a petition with the U.S. Bankruptcy...more

New Delaware Chapter 11 Filings – Draw Another Circle, LLC et al.

Draw Another Circle, LLC and four affiliates have filed chapter 11 petitions before the United States Bankruptcy Court for the District of Delaware (Lead Case No. 16-11452). The cases have been assigned to the Honorable...more

Intervention Energy: The Case Where the Golden Share Lost its Shine

In connection with out-of-court restructurings, workouts and forbearance agreements, creditors often seek to include provisions that purport to limit the ability of a debtor to file for bankruptcy relief. However, bankruptcy...more

New Delaware Chapter 11 Filing – Metinvest B.V.

The foreign representative of Metinvest B.V., the parent company of a vertically integrated group of steel and mining companies headquartered in Ukraine, has commenced a case (Case No. 16-11424) under Chapter 15 of the...more

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