The Law and Practice of Restructuring in the UK and US

Author(s):  
Christopher Mallon ◽  
Shai Y. Waisman ◽  
Ray C. Schrock

This second edition provides updated and practical analysis of restructuring under English and New York Law. Since the publication of the previous edition, certain areas of restructuring law have received particular attention. Waivers, amendments, and standstills, and in particular “snooze and lose” and “yank the bank” provisions have continued to develop in the last five years as well as other refinements from the US which are being increasingly used in Europe. The mechanisms for giving effect to debt compromise arrangements, either through Schemes of Arrangement or chapter 11 pre-packs, have also developed significantly on recent years. There has been a great deal of debate surrounding restructuring and insolvency law in Europe following the recast EC Regulation on Insolvency Proceedings and further developments in various European jurisdictions. The second edition has been thoroughly updated to cover these, and all other major developments in the field to provide a complete and up-to-date guide to restructuring on both sides of the Atlantic. This work provides detailed analysis of areas associated with company restructures including tax and shareholder claims, employee and trade union matters, and pension scheme issues. Additionally the new edition features new or developed chapters on key areas of practical development such as private equity’s role in restructuring and specific issues relating to financial institutions, energy, property, airlines and shipping. With coverage of techniques available to both stressed and distressed companies, as well as looking at specialist markets and key stakeholders, The Law and Practice of Restructuring in the UK and US is an invaluable guide for banking, finance, and insolvency practitioners and their clients, and both financial institutions and companies looking to restructure debt, and global accountancy firms and law and business schools worldwide.

Author(s):  
Michael Schillig

The Financial Stability Board recommended that all national supervisors should have the mandate and powers to identify risks and intervene early in order to prevent unsound practices and take appropriate measures to reduce the impact of potential stresses on financial institutions and to safeguard against systemic risks. Accordingly, the BRRD and SRM contain new powers for the competent authorities to intervene early before an institution’s financial and economic situation has deteriorated to a point where resolution is the only viable alternative. The chapter starts with some theoretical reflections, focusing on the incentives of the actors involved. It then discusses the early intervention framework under BRRD and SRM and national transposition in the UK and Germany. It also covers the US prompt corrective action framework and early remediation under Dodd–Frank.


2019 ◽  
Vol 2 (4) ◽  
pp. 255-275
Author(s):  
Yiqin Ruan ◽  
Jing Yang ◽  
Jianbin Jin

Biotechnology, as an emerging technology, has drawn much attention from the public and elicited hot debates in countries around the world and among various stakeholders. Due to the public's limited access to front-line scientific information and scientists, as well as the difficulty of processing complex scientific knowledge, the media have become one of the most important channels for the public to get news about scientific issues such as genetically modified organisms (GMOs). According to framing theory, how the media portray GMO issues may influence audiences’ perceptions of those issues. Moreover, different countries and societies have various GMO regulations, policies and public opinion, which also affect the way media cover GMO issues. Thus, it is necessary to investigate how GMO issues are covered in different media outlets across different countries. We conducted a comparative content analysis of media coverage of GMO issues in China, the US and the UK. One mainstream news portal in each of the three countries was chosen ( People's Daily for China, The New York Times for the US, and The Guardian for the UK). We collected coverage over eight years, from 2008 to 2015, which yielded 749 pieces of news in total. We examined the sentiments expressed and the generic frames used in coverage of GMO issues. We found that the factual, human interest, conflict and regulation frames were the most common frames used on the three portals, while the sentiments expressed under those frames varied across the media outlets, indicating differences in the state of GMO development, promotion and regulation among the three countries.


2003 ◽  
Vol 3 (3-4) ◽  
pp. 191-195
Author(s):  
Jerry Dupont

I work for the Law Library Microform Consortium (LLMC), a cooperative with some 900 participating members. Most are in the US, with a fair number in Canada and some in Australia, the UK and sixteen other countries. For over a quarter of a century LLMC has provided its member libraries with a wide range of legal titles, including much Commonwealth material, on microfiche. We grew hoary in that task, but have been rejuvenated in a new role. We've just launched an on-line digital library, LLMC-Digital, which will provide vastly enhanced access to our materials. The foundation for this endeavour is our backfile of 92,000 volumes (some 49-million page images) filmed during the past 27 years. To that base will be added every new title acquired in LLMC's future filming or scanning.


Tempo ◽  
2019 ◽  
Vol 73 (290) ◽  
pp. 7-12
Author(s):  
Tim Rutherford-Johnson

AbstractAaron Einbond was born in New York in 1978. He received his compositional education in the US (Harvard, University of California, Berkeley), the UK (Cambridge, Royal College of Music) and France (IRCAM), and his teachers have included Mario Davidovsky, Julian Anderson, Edmund Campion and Philippe Leroux. He currently teaches music composition, sound and technology at City University, London. He is interested in applications of technology within instrumental music, and almost all of his works combine electronics and acoustic instruments. Since 2007 – beginning with his piece Beside Oneself for viola and electronics (first performed by Ellen Ruth Rose), composed while studying at the University of California, Berkeley – he has also used audio analysis and retrieval software to transcribe recorded sounds into instrumental notation.Einbond's interest in phonographic transcription connects his work to that of other composers of his generation, including Patricia Alessandrini, Joanna Bailie, Richard Beaudoin and Cassandra Miller. (It also finds precedents in a wider musical interest in forms of transcription that one can find in the music of composers as diverse as Peter Ablinger, Luciano Berio and Michael Finnissy.) What makes Einbond's work distinctive is his focus on timbre as a musical parameter, rather than more abstract or easily quantifiable values such as pitch.


Author(s):  
Tanja Bueltmann ◽  
Donald M. MacRaild

From the early eighteenth century, a vibrant English associational culture emerged that was, by many measures, ethnic in character. English ethnic organisations spread across North America from east to west, and from north to south, later becoming a truly global phenomenon when reaching Australasia in the later nineteenth century. This books charts the nature, extent and character of these developments. It explores the main activities of English ethnic societies, including their charitable work; collective mutual aid; their national celebration; their expressions of imperial and monarchical devotion; and the extent to which they evinced transnational communication with the homeland and with English immigrants in other territories. The English demonstrated and English people abroad demonstrated and experienced competitive and sometimes conflictual ethnic character, and so the discussion also uncovers aspects of enmity towards an Irish immigrant community, especially in the US, whose increasingly political sense of community brought them into bitter dispute with English immigrants whom they soon outnumbered. Towards the end of the nineteenth century, the extent of English ethnic associational culture in North America was such that it resonated within England herself, resulting in the formation of a central organization designed to coordinate the promotion of English culture. This was the Royal Society of St George. Ultimately, the book documents that the English expressed their identity through processes of associating, mutualism and self-expression that were, by any measure, both ethnic and diasporic in character. The English Diaspora is based on a very large amount of untapped primary materials from archives in the United States, Canada, and the UK relating to specific locations such as New York, Philadelphia, Baltimore, Toronto, Ottawa, and Kingston, and London. Thousands of newspaper articles have been trawled. Several long runs of English associational periodicals have been garnered and utilized. Comparative and transnational perspectives beyond the US and Canada are enabled by the discovery of manuscript materials and periodicals relating to the Royal Society of St George.


2014 ◽  
Vol 15 ◽  
pp. 25 ◽  
Author(s):  
Jonny Hall ◽  
Kevin Kerrigan

<p>The problem this paper addresses is that although there is general consensus as to the value of clinic and recognition that it has enhanced creativity and vitality in legal education, there is still a tendency to see it as something apart from the regular law curriculum. We want to explore the viability of making the key benefits of clinical education pervade the whole of the student’s time learning the law. We draw some encouragement from official reports from the US and the UK which, although not concerned primarily with the place of clinical legal education, do provide general support for an approach which combines theory and practice.</p>


Author(s):  
Richard Roberts

At the onset of the Global Financial Crisis in 2007 London was one of the two foremost global financial centres, along with New York. London experienced a 12 per cent fall in wholesale financial services jobs in 2008–9, but a recovery got underway in 2010 and London’s wholesale financial services sector staged a wavering advance. But now there were new challenges, in particular the avalanche of financial regulation coming from the UK, the EU, the US and the G20. Fintech engendered new uncertainties. The impact of Brexit was uncertain, but mostly expected to be negative, at least in the short-term. Furthermore, there was growing competition from Asian and other financial centres. Nevertheless, London remained pre-eminent as one of the two largest global concentrations of wholesale financial services activity and at the top of the Global Financial Centres Index.


Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright

This chapter considers the law governing inventorship, ownership, and compensation. It first discusses inventorship in the UK, the US, and the European Patent Office. It then looks at the issue of ownership of the rights in an invention, covering common law provisions, contracts of employment, statute law in the UK, statute law in Germany, and academic inventions. This is followed by a discussion of compensation for employee-inventors in the UK, Germany, and other countries. The remainder of the chapter explains the right to apply for a patent and to be granted a patent, co-ownership of patents, disputes over the correct ownership of an invention, and the recordal and transfer of ownership.


Author(s):  
Fox Hazel ◽  
Webb Philippa

This chapter recalls the history of the law of State immunity through the decisions of the national courts in both common and civil law jurisdictions and recounts the general recognition in common and civil law jurisdictions of the restrictive doctrine as well as its adoption by national legislation in 1976 in the US (the Foreign Sovereign Immunities Act 1976 (FSIA)) and in 1978 in the UK (the State Immunity Act 1978 (SIA)) followed by similar legislation in some Commonwealths and other countries. The conclusion drawn from State practice in surveys conducted by the International Law Commission (ILC) and the Council of Europe is that there is wide and ever increasing support for a restrictive doctrine of immunity.


1970 ◽  
Vol 2 (4) ◽  
Author(s):  
Mandy Salomon ◽  
Serge Soudoplatoff

In this special edition on virtual-world goods and trade, we are pleased to present articles from a global cohort of contributors covering a wide range of issues. Some of our writers, such Edward Castronova, Julian Dibbell or KZero’s Nic Mitham will be well known to you as distinguished leaders in the field, but it is equally our pleasure to introduce exciting new voices. Here you will find pieces written by academics, practitioners, journalists, a documentary filmmaker and perhaps the youngest contributor to JVWR yet, Eli Kosminksy, who attends high school in upstate New York. We would also point out that this issue extends its format to include Anthony Gilmore’s pictorial story, Julian Dibbell’s audio interview, and Lori Landay’s machinima. In real life, most contributors live in the US, the UK and Europe, and we, the editors, are based in Australia and France. We express warm thanks to the team at the University of Texas, especially to Jeremiah Spence, our editor–in-chief for his guidance throughout this process. We begin with our own thought piece, which is designed to contextualise the deeper contents herein by way of plotting the virtual goods path and placing some historical sign posts along the way.Mandy and Serge


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