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Third-Party Corporate Restructuring

Jones Day

Business as Mutual: Floating Charges No Obstacle to Mutual Set-Off Agreements

Jones Day on

The Situation: Section 553C of the Corporations Act 2001 (WA) ("Act") provides that if a creditor and a company in liquidation have mutual dealings, the creditor must offset any sum the creditor owes to the company in...more

Cozen O'Connor

California Statute Trumps Anti-Assignment Clauses in Liability Insurance Policies

Cozen O'Connor on

In a unanimous decision that will have a serious impact on long-tail exposures, the California Supreme Court in Fluor Corp. v. Superior Court (Hartford Acc. & Indem.) has determined that policyholders may transfer liability...more

Proskauer - Insurance Recovery & Counseling

California Supreme Court Limits Enforceability of Anti-Assignment Clauses

In a unanimous decision handed down by the California Supreme Court on August 20, 2015 in Fluor Corporation v. Superior Court, the court removed a significant obstacle facing companies that want to assign their interests in a...more

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