In BTI 2014 LLC v. Sequana SA and Others [2022] UKSC 25 (“Sequana”), the Supreme Court confirmed the existence of a duty owed at common law by company directors to consider the interests of its creditors, and also provided...more
12/23/2022
/ Board of Directors ,
Commercial Bankruptcy ,
Corporate Restructuring ,
Creditors ,
Debtors ,
Dividends ,
Fiduciary Duty ,
Insolvency ,
Liquidation ,
Shareholders ,
UK ,
UK Supreme Court
The Corporate Insolvency and Governance Act 2020 received royal assent on 25 June 2020. Many of the provisions of the act are based on the bill which was initially proposed pre-COVID-19, with a framework having been set out...more
9/15/2020
/ Board of Directors ,
Breach of Contract ,
Contract Termination ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Corporate Restructuring ,
Creditors ,
Debtors ,
Goods or Services ,
Insolvency ,
Lenders ,
Moratorium ,
Personal Liability ,
Suppliers ,
Supply Contracts ,
UK ,
UK Companies Acts ,
UK Insolvency Act ,
Winding Up Petitions ,
Wrongful Trading
Board Decision Making in a Down Cycle -
The last several months have been unprecedented in terms of how quickly and drastically business environments have changed. With widespread uncertainty and financial distress...more
8/26/2020
/ Board of Directors ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Corporate Restructuring ,
D&O Insurance ,
Duties & Responsibilities ,
Financial Distress ,
Independent Directors ,
Liquidity ,
Personal Liability ,
Special Committees
The Corporate Insolvency and Governance Bill (the Bill) had its first reading in the House of Commons on Wednesday 20 May 2020. It will next be considered on 3 June. It is expected to be enacted into law in late June or early...more
5/28/2020
/ Breach of Contract ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Corporate Restructuring ,
Goods or Services ,
Insolvency ,
Moratorium ,
Proposed Legislation ,
Suppliers ,
Supply Contracts ,
UK ,
Winding Up Petitions
On Tuesday (11th September) the English High Court sanctioned two schemes of arrangement which are integral to the restructure of Syncreon, a US-headquartered global logistics business. This decision, the first where a...more