Document(s) published by this organization: 469
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|Sovereign Debt Update|
Mark G. Douglas; Jones Day;
April 14, 2016, previously published on March/April 2016In a historic decision with the potential to end 15 years of litigation between the Republic of Argentina and holdout bondholders from the financially strapped South American nation’s 2005 and 2010 sovereign debt restructurings, Judge Thomas Griesa of the U.S. District Court for the Southern...
|First Impressions: The Sixth Circuit Weighs In on Artificial Impairment Under a Chapter 11 Plan|
Mark G. Douglas, Benjamin Rosenblum; Jones Day;
April 14, 2016, previously published on March/April 2016One of the prerequisites to confirmation of any chapter 11 plan is that at least one “impaired” class of creditors must vote in favor of the plan. This requirement reflects the basic (but not universally accepted) principle that a plan may not be imposed on a dissident body of...
|Chain of Responsibility Reforms Set to Overhaul Liability for Environmental Clean-Ups in Queensland|
Brett Heading, James I. Parker, Tony Wassaf; Jones Day;
April 14, 2016, previously published on March 2016The mining and resources downturn is bringing forward the closure of many of Australia's ageing smelters, steelworks, power stations and mines and their corresponding environmental rehabilitation obligations. Often, the owners of those assets lack the financial ability to cover their statutory...
|Southern District of New York Bankruptcy Court Rules That Avoidance Powers Apply Extraterritorially|
Mark G. Douglas, Justin Morgan; Jones Day;
April 14, 2016, previously published on March/April 2016Over the past 21 years, two U.S. district court judges in the Southern District of New York have held that the avoidance powers conferred on a bankruptcy trustee or chapter 11 debtor-in-possession under the Bankruptcy Code do not apply to pre-bankruptcy transfers made by a debtor outside the United...
|Energy Future Wins Round Two in Fight to Skirt Liability for Make-Whole Premiums|
Mark G. Douglas, Jonathan M. (Jon) Fisher; Jones Day;
April 14, 2016, previously published on March/April 2016In February 2016, Energy Future Holdings Corp. (“EF”), which obtained confirmation of a chapter 11 plan on December 3, 2015, prevailed at the district court level in related appeals brought by first- and second-lien noteholders of bankruptcy court orders disallowing the...
|Chapter 15 Recognition Denied Due to COMI Manipulation Scheme to Evade U.K. Judgment|
Mark G. Douglas, Pedro A. Jiménez; Jones Day;
April 14, 2016, previously published on March/April 2016More than a decade after the enactment of chapter 15 of the Bankruptcy Code, issues pertaining to recognition of a foreign debtor’s bankruptcy or insolvency proceeding under chapter 15 have, in large part, shifted from the purely procedural inquiry (such as the foreign debtor’s center...
|China: Deadline for Reducing Dispatch Employees to 10 Percent|
Elizabeth Cole, Cathleen Sun; Jones Day;
April 13, 2016, previously published on March 2016In 2014, the Ministry of Human Resources and Social Security issued the Interim Provisions on Labor Dispatching ("Provisions"), which required that dispatch employees be limited to temporary, auxiliary, or substitute positions and comprise no more than 10 percent of the total number of...
|Hong Kong: Full Implementation of the Competition Ordinance|
Elizabeth Cole, Sheila Lee; Jones Day;
April 13, 2016, previously published on March 2016The Competition Ordinance (Cap. 619) ("Competition Ordinance") came into full effect on December 14, 2015. There are three major competition rules under the Competition Ordinance, which are the First Conduct Rule ("FCR"), the Second Conduct Rule, and the Merger Rule. In...
|Singapore: New Statutory Boards Focusing on Skills Upgrading and Manpower Management|
Elaine Ho, David P. Longstaff; Jones Day;
April 13, 2016, previously published on March 2016The Singapore government has announced reorganization plans, with two reconstituted statutory boards looking into employment-related matters expected to be formed by the end of 2016.
|China: Maternity, Paternity, and Marriage Leave Entitlements Affect Population and Family Planning Law|
Elizabeth Cole, Cathleen Sun; Jones Day;
April 13, 2016, previously published on March 2016On December 27, 2015, the Standing Committee of the National People's Congress issued the amended Population and Family Planning Law ("Family Planning Law"). While the Family Planning Law has drawn worldwide attention for its implementation of the Chinese government's change to its...