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HTMLProposed Indian Bankruptcy Reforms
Mark G. Douglas; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on March/April 2016
In December 2015, the Indian government introduced a long-awaited bill—the Insolvency and Bankruptcy Bill 2015—to overhaul India’s outdated and burdensome bankruptcy process. According to recent World Bank data, India ranks 136th out of the 189 countries surveyed in terms of fast...

 

HTMLMexico Introduces the First Single-Member Corporation: The Simplified Stock Corporation
Antonio Franck C., Blanca Luévano Garcia, Fernando de Leo; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on April 2016
On March 14, 2016, the decree creating the Simplified Stock Corporation (Sociedad por Acciones Simplificada, or "SAS"), the first single-member corporation in Mexico, was published in the Federal Official Gazette.

 

HTMLUnderstanding the Revised Proposal for a New EU Prospectus Regulation
Linda A. Hesse, Natalia Sauszyn; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on April 2016
On 15 March 2016, the European Council published the latest proposal for a new prospectus regulation (the "New Regulation"). The New Regulation is part of an effort toward a harmonized regulatory framework so as to ensure investor protection and market efficiency across the European Union...

 

HTMLProposed Swiss International Insolvency Law Reforms
Mark G. Douglas; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on March/April 2016
In October 2015, the Swiss Federal Department of Justice and Police (Eidgenössisches Justiz- und Polizeidepartement) published a preliminary draft of reforms to title 11 of the Swiss Private International Law Act (“SPILA”), which governs insolvency proceedings and compensation...

 

HTMLFacebook Settles Derivative Lawsuit Challenging Outside Director Pay
Lyle G. Ganske, Robert A. Profusek, Lizanne Thomas; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on April 2016
In settlement of a derivative lawsuit challenging compensation paid to Facebook's non-employee directors, Facebook agreed to submit its non-employee director compensation program, including specific equity grants, some historical grants, and retainer fees, to a vote of shareholders at its 2016...

 

HTMLFirst Impressions: The Sixth Circuit Weighs In on Artificial Impairment Under a Chapter 11 Plan
Mark G. Douglas, Benjamin Rosenblum; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
One 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...

 

HTMLSovereign Debt Update
Mark G. Douglas; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
In 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...

 

HTMLChapter 15 Recognition Denied Due to COMI Manipulation Scheme to Evade U.K. Judgment
Mark G. Douglas, Pedro A. Jiménez; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
More 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...

 

HTMLEnergy Future Wins Round Two in Fight to Skirt Liability for Make-Whole Premiums
Mark G. Douglas, Jonathan M. (Jon) Fisher; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
In 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...

 

HTMLSouthern District of New York Bankruptcy Court Rules That Avoidance Powers Apply Extraterritorially
Mark G. Douglas, Justin Morgan; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
Over 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...

 


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