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A Question of Behavior: Foreign Sovereign Debt Restructuring Before US Courts

January 2015 | Skadden's 2015 Insights - Corporate Restructuring | Marco E. Schnabl, Jordan C. Wall

The impact of Argentina's prolonged dispute with the holdouts of its defaulted debt continues to reverberate in the context of foreign sovereign debt restructuring. What has been called the "trial of the century" because of its potential impact on sovereign debt issuances — a...

France's Double-Trial System for Market Abuses May Be Headed for Reform

January 2015 | Skadden's 2015 Insights - Global Litigation | Gregoire Bertrou

In 2015, the French double-trial system for market abuses will be referred to the Constitutional Council for an assessment of the system’s constitutionality under the double jeopardy rule (or, using the Latin maxim, the ne bis in idem principle). Should the current system be held...

Europe's New Toolbox Aims to Minimize Impact of Troubled Banks

January 2015 | Skadden's 2015 Insights - Corporate Restructuring | Van C. Durrer II, Dominic McCahill

Europe's latest legislative response to the recent financial crisis — the Bank Recovery and Resolution Directive (BRRD) — is intended to establish a minimum common toolbox for regulators in each member state to address bank solvency issues sooner, maintain key financial functions...

California Climate Change Initiatives Create Framework for Others

January 2015 | Skadden's 2015 Insights - Regulatory | Jane B. Kroesche

With climate change mandates stalled at the federal level and ongoing international political struggles complicating global climate change efforts, several U.S. states and Canadian provinces have been at the forefront of efforts to mitigate climate change. Not surprisingly, California has been a...

California Consumer Class Actions: What CashCall Means for Businesses in Privacy Cases

January 2015 | Skadden's 2015 Insights - Global Litigation | Lisa Gilford

The California Invasion of Privacy Act (CIPA) imposes criminal penalties on anyone who intentionally "eavesdrops upon or records [a] confidential communication" in California without the consent of all parties to the communication. CIPA also contains a private right of action, which has...

Courts Parse First Amendment Protections for Anonymous Critics Online

January 2015 | Skadden's 2015 Insights - Global Litigation | Margaret E. Krawiec, Thomas A. Parnham

The Supreme Court has long recognized that the freedom of speech enshrined in the First Amendment extends to anonymous speech, noting that “persecuted groups and sects … throughout history have been able to criticize oppressive practices and laws either anonymously or not at...

New Listing Rules for Premium-Listed UK Companies: The Fine Line Between Upholding Majority Rule and Protecting Minority Rights

January 2015 | Skadden's 2015 Insights - Capital Markets | Danny Tricot, Claire V. Cahoon

The protection of minority shareholders in companies with a premium listing on the London Stock Exchange came to the fore in the United Kingdom following the 2012 and 2013 publication of consultation papers on the effectiveness of the U.K. listing regime, largely in response to market pressure to...

Ruling on Extraterritoriality May Protect Foreign Investors in US Bankruptcies

January 2015 | Skadden's 2015 Insights - Corporate Restructuring | Marco E. Schnabl, Danielle Gill

The Bankruptcy Code authorizes a bankruptcy trustee to avoid (i.e., obtain the return of) certain types of prepetition property transfers so that the bankrupt estate can be divided among creditors fairly. For example, a trustee may bring actions to set aside transfers made within a specified period...

Health Care Sector Creates Challenges for Distressed Providers, Opportunities for Others

January 2015 | Skadden's 2015 Insights - Corporate Restructuring | Felicia Gerber Perlman

In 2014, the health care industry continued to see a high level of M&A activity, with announced transactions approaching $440 billion globally by the end of November. In the United States, consolidation continues to occur in the hospital and health care services subsector, often involving...

The US High-Yield Market: Balancing Risk and Return in 2015

January 2015 | Skadden's 2015 Insights - Capital Markets | Michelle Gasaway

The U.S. high-yield market delivered the third strongest year by volume in 2014, with more than $310 billion of primary issuances,1 thanks in large part to the most active year in the M&A market since before the financial crisis. (See "M&A Activity Jumps to Levels Unseen Since Before...

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