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Results: 1-10 of 26

Insolvency avoidance rules re-loaded?
  • Clifford Chance LLP
  • Germany
  • November 28 2014

The Federal Court of Justice recently ruled that the presumption of an intentionally disadvantageous transaction based on awareness of impending


Anti-Bribery and Corruption Review - May 2016
  • Clifford Chance LLP
  • Asia-Pacific, Australia, Belgium, Brazil, China, Czech Republic, Ukraine, United Arab Emirates, United Kingdom, USA, Singapore, Slovakia, South Korea, Spain, Thailand, Turkey, Luxembourg, Netherlands, OECD, Poland, Romania, Russia, France, Germany, Hong Kong, Indonesia, Italy, Japan
  • May 6 2016

A draft Bill is pending before Parliament which is designed to amend the current Belgian legal principle of mutually exclusive liability of natural


Groundbreaking decision on requirements for subordination agreements
  • Clifford Chance LLP
  • Germany
  • July 31 2015

In a March 5 2015 ruling the Federal Court of Justice set out the requirements for subordination agreements designed to avoid insolvency. The


Self-administration proceedings: creditor support determines success
  • Clifford Chance LLP
  • Germany
  • June 19 2015

The Insolvency Code allows for 'self-administration' proceedings, wherein a debtor retains possession and control of its assets while undergoing


Global intellectual property newsletter issue 914
  • Clifford Chance LLP
  • Czech Republic, European Union, France, Germany, Italy, Slovakia, United Kingdom, USA
  • September 16 2014

In our previous issue we focused on the European Commission's proposal for a new Directive on the protection of trade secrets (undis-closed know-how


Global intellectual property newsletter - issue 0115
  • Clifford Chance LLP
  • China, European Union, Germany, Poland, Spain, United Kingdom, USA
  • January 21 2015

Establishment of the Unified European Patent Litigation System has been subject to many efforts of European leaders and legislators for more than four


Germany upfront fees in syndicated lending in light of recent Federal Court of Justice judgements
  • Clifford Chance LLP
  • Germany
  • April 29 2015

For German law consumer credits (Verbraucherdarlehen) work fees (Bearbeitungsentgelte) can only be charged upfront if the consumer (Verbraucher) has


How market-value considerations could relieve directors from personal liability
  • Clifford Chance LLP
  • Germany
  • February 27 2015

In a decision which is expected to bring major changes to the regime of directors' liability, the Federal Court of Justice recently changed its


Courts adopt clear position on subordination of shareholder loans
  • Clifford Chance LLP
  • Germany
  • May 11 2012

Under German insolvency law, shareholder loans are generally subordinated in insolvency proceedings (unless certain exceptions apply


Court rules on New York Convention's more-favourable right provision
  • Clifford Chance LLP
  • Germany
  • September 8 2011

The Federal Supreme Court recently confirmed that foreign arbitration agreements which do not adhere to the formal requirements of Article II(2) of the New York Convention may still be valid under the less strict criteria of Section 1031 of the Code of Civil Procedure