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Debt Remedies

Orrick, Herrington & Sutcliffe LLP

The Impact of the Serta and Mitel Decisions: What Comes Next

The Fifth Circuit struck down Serta Simmons’ 2020 uptier transaction, while the New York Appellate Division upheld a similar transaction in a case involving Mitel Networks, exposing key differences in how courts interpret...more

A&O Shearman

Deemed fulfilment is a legal fiction which is not part of English law

A&O Shearman on

The High Court has ruled that English law does not recognise a doctrine that deems conditions precedent to a debt as having been fulfilled where the reason they have not been is the fault of the person that would owe the...more

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