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Insolvency Notice Requirements

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

Wiley Rein LLP

Renewal Correspondence to Underwriter Fails to Satisfy Claims-Made-and-Reported Policy’s Notice Requirement

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Applying California law, the United States District Court for the Northern District of California has held that correspondence to an underwriter referencing a claim during the renewal process did not satisfy the notice...more

BCLP

BEIS issues anticipated National Security & Investment Act market guidance notes

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Following on from its first annual report on the National Security and Investment Act (“NSIA”) in June 2022 ), on 19 July 2022 the UK’s Department for Business, Energy & Industrial Strategy (“BEIS”) published its first set of...more

A&O Shearman

Implications of the National Security & Investment Act 2021 for distressed deals

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The National Security and Investment Act 2021 (the Act) came into force on 4 January 2022 and is expected to have significant consequences in the distressed environment, particularly in relation to the enforcement of security...more

BCLP

UK National Security & Investment Bill - the Potential Ramifications for Insolvency Practitioners

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The new National Security and Investment Bill, which aims to provide the Government with the necessary powers to scrutinise and intervene in business transactions to protect national security, will introduce a mandatory...more

Patterson Belknap Webb & Tyler LLP

Due Process in Chapter 15: Industry-Dependent, Jurisdiction-Dependent, or Both?

In a recent cross-border insolvency case, Judge Glenn of the United States Bankruptcy Court for the Southern District of New York recognized an insurance company rehabilitation proceeding in Curaçao as a “foreign main...more

Jones Day

Third Circuit Rules That WARN Act's "Unforeseeable Business Circumstances" Exception Requires That Layoffs Be Probable, Not...

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In Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 866 F.3d 515 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit became the sixth circuit court of appeals to rule that a "probability standard"...more

Dechert LLP

Third Circuit Holds No Need to Warn Under WARN ACT Unless Circumstances Causing Layoff Are Probable

Dechert LLP on

The Worker Adjustment and Retraining Notification (WARN) Act in the U.S. requires that employers give sixty days’ notice to its employees before effecting a mass layoff. The WARN Act contains exceptions to the notice...more

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