Civil Remedies, International Law & Trade, Finance & Banking

"The Increasing Appeal and Novel Use of Bilateral Investment Treaties"

by David Herlihy, David Kavanagh, Timothy Nelson | Skadden, Arps, Slate, Meagher & Flom LLP on 4/30/2013

Over the last 20 years, bilateral investment treaties (BITs) have provided foreign investors with basic safeguards against expropriation and related risks and guarantee the right to bring claims before a neutral arbitral...more

China’s Merger Control Rules Changing: MOFCOM Publishes New Draft Regulations on Remedies and Simple Cases

by Henry Chen, Frank Schoneveld | McDermott Will & Emery on 4/17/2013

China’s Ministry of Commerce recently issued two new draft regulations. The first provides a wider range of potential remedies to obtain the clearance of a concentration (e.g., a merger, acquisition, joint venture, etc.);...more

Cyprus: To Litigate or Not to Litigate?

by Pavlos Aristodemou | Harney Westwood & Riegels on 4/17/2013

Harneys’ Cyprus Banking Group is closely monitoring a legal challenge to the bail-out legislation which is currently before the Cyprus courts....more

Cyprus Bailout: Potential Recourse for Lost Investments

by Owen Hammond, Bruce Johnston, Peter Sharp, Iain Wright | Morgan Lewis on 4/15/2013

Large depositors in Cyprus's two largest banks may consider international arbitration and appeals to the European courts to recover funds lost under the bailout plan....more

The Importance Of Anti-Corruption Compliance Remediation

by Michael Volkov on 3/28/2013

When you catch someone (e.g. a child, friend or business associate) in the wrong, it is interesting to watch their reactions. (Notice I left out spouse or relationship partner – we all know our spouse or relationship partner...more

Freddie Mac Files Suit Over Losses Due To Alleged LIBOR Manipulation

by BuckleySandler LLP on 3/27/2013

On March 14, Freddie Mac sued 15 banks and the British Bankers’ Association (BBA), claiming that the institutions manipulated the London Interbank Offered Rate (LIBOR) and caused substantial losses to Freddie Mac on...more

A Tale Of Two Debtors: Lehman Brothers And The Availability Of Equitable Subordination In The “Dueling Debtor” Context

by Harrison Denman | White & Case LLP on 3/11/2013

Originally published in the NYU Journal of Law & Business - Vol. 9:269, 2012. This article suggests that the generally accepted “offensive/defensive” standard used by bankruptcy courts to determine whether a debtor may...more

SEC Enforcement Update - The SEC Speaks in 2013

by King & Spalding on 3/5/2013

The U.S. Securities and Exchange Commission held its annual SEC Speaks program in Washington, D.C. on February 22-23, 2013. In the postfinancial crisis, post-Dodd-Frank world, it is clear that the Commission and its staff are...more

The United States Court of Appeals for the Second Circuit Rejects Aiding and Abetting Liability for Civil Damage Claims Under the...

by Linda Goldstein | Dechert LLP on 2/20/2013

The United States Court of Appeals for the Second Circuit issued an opinion on February 14, 2013, holding that the civil liability provision of the Anti-Terrorism Act of 1990, 18 U.S.C.§ 2333(a) (the “ATA”) does not permit...more

CFTC Orders Enskilda Futures To Pay $125,000 For Margin Errors

by Felix Shipkevich | Shipkevich PLLC on 2/20/2013

The U.S. Commodity Futures Trading Commission (CFTC) has filed and settled charges with Enskilda Futures Limited (EFL) for failing to meet capital requirements....more

New U.S. Laws Criminalize Theft of Quantitative Trading and Investment Models and Other Trade Secrets and Dramatically Increase...

by Diane Siegel Danoff, Edward Pittman, Kevin Scanlan | Dechert LLP on 2/6/2013

Introduction - The U.S. Congress recently passed two laws that raise the stakes dramatically for employees of financial services firms and anyone else who misappropriates trade secrets, including source code and other...more

Fifth Circuit Crafts New Test For Foreign Debtor Relief

by Audrey Aden Doline, John Rapisardi, Casey Servais | Cadwalader - Financial Restructuring on 1/16/2013

Originally published in the New York Law Journal on January 3, 2012. On Nov. 28, 2012, the U.S. Court of Appeals for the Fifth Circuit in In re Vitro S.A.B. de C.V. issued a groundbreaking decision under Chapter 15 of...more

Fifth Circuit Crafts New Test For Foreign Debtor Relief

by Audrey Aden Doline, John Rapisardi, Casey Servais | Cadwalader - Financial Restructuring on 1/15/2013

Originally published in the New York Law Journal on January 3, 2012. On Nov. 28, 2012, the U.S. Court of Appeals for the Fifth Circuit in In re Vitro S.A.B. de C.V. issued a groundbreaking decision under Chapter 15 of...more

International Investment Treaties as a Possible Shield Against Government Cutbacks in Subsidies for the Green Energy Sector

by Wojciech Sadowski, Ph.D. | K&L Gates LLP on 1/10/2013

A number of governments around the world have recently curtailed their incentive schemes for green energy producers. These measures have often led to disruption of the basic economic assumptions of many ongoing or newly...more

Fifth Circuit Refuses to Enforce Mexican Reorganization Plan's Proposed Release of Non-Debtor Bond Guarantors

by Sheppard Mullin Richter & Hampton LLP on 12/26/2012

The Fifth Circuit recently upheld a Texas Bankruptcy Court’s refusal to enforce non-debtor third party releases in the Mexican reorganization proceeding (known as a concurso mercantil) of Mexican glass manufacturer Vitro SAB...more

Bankruptcy Abroad: US Creditors’ Rights Remain Relevant in Chapter 15

by Eric R. Blythe, Kevin J. Walsh | Mintz Levin - Bankruptcy, Restructuring &... on 12/21/2012

With an increasing number of businesses operating without regard to borders in today’s global economy, the importance of understanding Chapter 15 — the Bankruptcy Code provisions instructing the cooperation between the United...more

Rogers Towers: The Extraordinary Remedy of Discharging Third Party Liability in Bankruptcy Proceedings

by Scott St. Amand | Rogers Towers on 12/21/2012

Recently the Fifth Circuit handed down a thorough opinion regarding Chapter 15 cross-border insolvency and its effects on domestic and foreign creditors. Beyond the Chapter 15 context, however, the court of appeals in In re...more

Rogers Towers: Using Contempt Power to Force Repatriation of Offshore Trust Assets

by Jacob J. Payne | Rogers Towers on 12/13/2012

Offshore asset protection trusts (OAPT) typically have the following characteristics: (1) the trust is governed by the laws of a foreign jurisdiction that does not recognize the judgments or orders of courts of the United...more

Enforcing orders made in foreign insolvency proceedings

by Harney Westwood & Riegels on 10/25/2012

The UK Supreme Court decision in Rubin v Eurofinance SA and what it means for BVI and Cayman - This article sets out the potential impact in the BVI and Cayman of the much anticipated Supreme Court decision in Rubin v....more

Judgment Proof: The English Supreme Court Pushes Back On U.S. Bankruptcy Court Jurisdiction

by Reed Smith on 10/25/2012

In a case with truly global implications, the Supreme Court of England and Wales held earlier today that judgments of U.S. Bankruptcy Courts against foreign defendants who had not submitted to the Bankruptcy Court’s...more

Credit Crunch Digest -- September 2012

by Sedgwick LLP on 10/10/2012

This issue of the Credit Crunch Digest focuses on various actions brought by the FDIC, as the receiver for failed banks, against large financial institutions for losses arising out of mortgage-backed securities sold to the...more

Lehman Bankruptcy Update: Lehman Reaches $38 Billion Deal With European Unit

by Patterson Belknap Webb & Tyler LLP on 10/10/2012

The Trustee overseeing the liquidation under the Securities Investor Protection Act (“SIPA”) of Lehman Brothers Inc. (“Lehman”) in the U.S. and the Joint Administrator of Lehman Brothers International (Europe) (“LB Europe”)...more

Finding Ambiguity – The Future Of Mandatory Rule Making Under The Dodd-Frank Act

by Allen Matkins Leck Gamble Mallory & Natsis... on 10/2/2012

When Congress says that an agency “shall” adopt a rule, is there any room for discretion on the part of the agency? That was the question for U.S. District Court Judge Robert L. Wilkins in International Swaps & Derivatives...more

Court Vacates CFTC Position Limits Rules

by Dechert LLP on 10/1/2012

Last Friday, September 28th, the U.S. Federal District Court in Washington, D.C. (“Court”) struck down the commodity speculative position limit rulemaking that the U.S. Commodity Futures Trading Commission (“CFTC”) had...more

Court Vacates CFTC’s Position Limits Rule

by Leonard, Street and Deinard - Dodd-Frank and... on 10/1/2012

The CFTC’s final rule on position limits with respect to derivative contracts in 28 different physical commodities has been vacated and remanded back to the agency. Spot month limits under the rule had been set to go into...more

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Civil Remedies › International Law & Trade › Finance & Banking

"The Increasing Appeal and Novel Use of Bilateral Investment Treaties"

China’s Merger Control Rules Changing: MOFCOM Publishes New Draft Regulations on Remedies and Simple Cases

Cyprus: To Litigate or Not to Litigate?

Cyprus Bailout: Potential Recourse for Lost Investments

The Importance Of Anti-Corruption Compliance Remediation

Freddie Mac Files Suit Over Losses Due To Alleged LIBOR Manipulation

A Tale Of Two Debtors: Lehman Brothers And The Availability Of Equitable Subordination In The “Dueling Debtor” Context

SEC Enforcement Update - The SEC Speaks in 2013

The United States Court of Appeals for the Second Circuit Rejects Aiding and Abetting Liability for Civil Damage Claims Under the...

CFTC Orders Enskilda Futures To Pay $125,000 For Margin Errors

New U.S. Laws Criminalize Theft of Quantitative Trading and Investment Models and Other Trade Secrets and Dramatically Increase...

Fifth Circuit Crafts New Test For Foreign Debtor Relief

Fifth Circuit Crafts New Test For Foreign Debtor Relief

International Investment Treaties as a Possible Shield Against Government Cutbacks in Subsidies for the Green Energy Sector

Fifth Circuit Refuses to Enforce Mexican Reorganization Plan's Proposed Release of Non-Debtor Bond Guarantors

Bankruptcy Abroad: US Creditors’ Rights Remain Relevant in Chapter 15

Rogers Towers: The Extraordinary Remedy of Discharging Third Party Liability in Bankruptcy Proceedings

Rogers Towers: Using Contempt Power to Force Repatriation of Offshore Trust Assets

Enforcing orders made in foreign insolvency proceedings

Judgment Proof: The English Supreme Court Pushes Back On U.S. Bankruptcy Court Jurisdiction

Credit Crunch Digest -- September 2012

Lehman Bankruptcy Update: Lehman Reaches $38 Billion Deal With European Unit

Finding Ambiguity – The Future Of Mandatory Rule Making Under The Dodd-Frank Act

Court Vacates CFTC Position Limits Rules

Court Vacates CFTC’s Position Limits Rule

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