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HTMLPuerto Rico's Public Corporation Debt Restructuring Law Ruled Unconstitutional
Mark G. Douglas, Scott J. Greenberg; Jones Day;
Legal Alert/Article
April 17, 2015, previously published on March/April 2015
The Commonwealth of Puerto Rico's efforts to deal with more than $70 billion in debt have been a magnet for media scrutiny during the last two years. A question frequently asked in connection with the island territory's struggles to stay afloat is whether Puerto Rico, as an unincorporated territory...

 

HTMLSovereign Debt Update
Mark G. Douglas; Jones Day;
Legal Alert/Article
April 17, 2015, previously published on March/April 2015
On February 13, 2015, the Chancery Division of the English High Court issued a ruling in a lawsuit brought by certain holders of euro-denominated exchange bonds issued by the Republic of Argentina during 2005 and 2010 debt restructurings seeking to gain access to €225 million ($257 million)...

 

HTMLForeign Representative Lacks Standing to Assert State-Law Avoidance Claims in Chapter 15 Case
Mark G. Douglas, Jane Rue Wittstein; Jones Day;
Legal Alert/Article
April 17, 2015, previously published on March/April 2015
In Hosking v. TPG Capital Management LP (In re Hellas Telecommunications (Luxemburg) II SCA), 2015 BL 21823 (Bankr. S.D.N.Y. Jan. 29, 2015), the U.S. bankruptcy court presiding over the chapter 15 case of London-based Hellas Telecommunications (Luxemburg) II SCA ("Hellas II"), which...

 

HTMLCFPB Releases its Consumer Arbitration Study
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, Murray B. Silverstein; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on April 7, 2015
The CFPB released its long-awaited study on the use of pre-dispute arbitration clauses in consumer contracts for financial products and services on March 10, 2015. The 410-page Arbitration Study (Study) (728 pages when including the 2013 Preliminary CBPB Study) is the CFPB’s report to...

 

HTMLTender Offer Approved to Implement Classwide Debt Exchange Outside Plan of Reorganization
Mark G. Douglas, Charles M. Oellermann; Jones Day;
Legal Alert/Article
April 17, 2015, previously published on March/April 2015
Debt-for-equity swaps and debt exchanges are common features of out-of-court as well as chapter 11 restructurings. For publicly traded securities, out-of-court restructurings in the form of "exchange offers" or "tender offers" are, absent an exemption, subject to the rules...

 

HTMLRecent DOJ and Regulatory Actions Against Smaller Institutions Suggest That Community Banks Should Continue to Carefully Consider BSA/AML Risks
Jared E. Dwyer, Carl A. Fornaris; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on April 15, 2015
On March 31, 2015, the National Credit Union Administration liquidated North Dade Community Development Federal Credit Union of Miami Gardens, Florida. In its press release, the NCUA reported that North Dade was liquidated because the “credit union had violated various provisions of its...

 

HTMLInterrelated Contracts Doctrine Can Apply to Entity Which Did Not Exist When the Contract Was Formed, and Commercial Entity Which is a Third-Party Beneficiary of Contract Which Interrelates to Contract for Building a Home Is Subject to Economic Loss Rule and May Not Sue in Tort
Gillian Dale, Malcolm S. Mead, Lisa F. Mickley, Rachel E. Yeates; Hall & Evans, L.L.C.;
Legal Alert/Article
April 16, 2015, previously published on March 20, 2015
Developer Sun Mountain Enterprises, LLC ("Sun Mountain") hired soils engineers to perform soils analysis for the construction of a home. Sun Mountain secured financing for the home through a construction loan from Alpine Bank. Before the home reached the market, the loan came due. To...

 

HTMLAbrupt Termination Can Be Settled!
Sara Pomar, Emmanuelle van den Broucke; Dentons Canada LLP;
Legal Alert/Article
April 16, 2015, previously published on February 24, 2015
By decision of December 16, 2014, the Supreme Court confirmed that parties can compromise on notice of termination of business relations which could have qualified as insufficient, pursuant to Article L. 442-6 I 5° of the Commercial Code.

 

HTMLTo Avoid Sudden Termination, Business Relations Must Be Maintained Under the Same Conditions Until the Notice Period Has Expired
Sara Pomar, Emmanuelle van den Broucke; Dentons Canada LLP;
Legal Alert/Article
April 15, 2015, previously published on April 8, 2015
By order of February 10, 2015, the French Supreme Court ruled on the conditions governing the termination of established business relations and the scope of the compensable harm following sudden termination.

 

HTMLKazakhstan Improves Conditions for Entrepreneurs
Rahim Shimarov, Kanat Skakov; Dentons Canada LLP;
Legal Alert/Article
April 15, 2015, previously published on February 16, 2015
Law No 269-V “On Amendments to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Fundamental Improvement of the Conditions for Entrepreneurial Activity in the Republic of Kazakhstan” dated 29 December 2014 came into effect on 1 January 20151 (hereinafter, the...

 


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