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Update on alter ego and successor liability claims
  • Schulte Roth & Zabel LLP
  • USA
  • November 23 2015

An unsecured creditor had "adequately alleged a de facto merger" between a corporate defendant and a purported asset acquiror, held the U.S. District

Canadian bankruptcy considerations in factoring transactions
  • Dickinson Wright PLLC
  • Canada
  • October 27 2015

Factoring transactions, in which a buyer purchases outright or acquires an interest in a seller's accounts receivable, are becoming increasingly

Doing business in Portugal - a legal and tax perspective
  • Cuatrecasas Gonçalves Pereira
  • Portugal
  • October 9 2015

Portugal is attractive for foreign investment, not only because of its domestic market but also because of its privileged geo-strategic position

Court of Appeal Arnhem-Leeuwarden: a shareholder loan does not in itself have a subordinated character
  • Stibbe
  • Netherlands
  • October 8 2015

Court of Appeal Arnhem-Leeuwarden: a shareholder loan does not in itself have a subordinated character. If subordination has not been specifically

Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • October 7 2015

When a portfolio company underperforms, a sponsor may consider various options to address the perceived performance issues, including changes to a

Justice Friedman allows breach of fiduciary duty claim to proceed against corporate directors under Delaware Law
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • September 16 2015

In AP Services, LLP v. Lobell et. Al, No. 6516132012, 2015 NY Slip Op 31115(U) (N.Y. Sup. Ct. June 19, 2015) (argued Feb. 21, 2014), Justice

Business rescue provisions of the Companies Act clarified
  • Fasken Martineau DuMoulin LLP
  • South Africa
  • June 17 2015

On 20 May 2015, the Supreme Court of Appeal (in the matter of African Banking Corporation of Botswana v Kariba Furniture Manufacturers & Others

Becoming a stalking horse in distressed energy M&A transactions
  • Borden Ladner Gervais LLP
  • Canada
  • June 16 2015

In the distressed M&A context, a stalking horse refers to a potential purchaser participating in a stalking horse auction who agrees to acquire the

Financial litigation roundup - Spring 2015
  • RPC
  • European Union, Hong Kong, Singapore, United Kingdom
  • May 26 2015

The High Court clarifies the position regarding liability of investment managers, applying established legal principles of agency and inducement

When equities no longer equitable: applying the Deep Rock Doctrine in PRC
  • King & Wood Mallesons
  • China
  • April 29 2015

On 31 March, 2015, the Supreme People's Court issued four model cases, including Shagang LLC. (Shagang) v. Kaitian LLC.(Kaitian), a case in relation