
Publication
Environmental injustice: How informal e-waste recycling impacts human rights
In light of the documentary ‘Buy Now! The Shopping Conspiracy,’ the global issue of ‘e-waste’ has become a topic of conversation in many households.
The global COVID-19 pandemic continues unabated and the resulting economic dislocation can be expected to continue for some time. While government intervention and measured responses from financial institutions have tempered the immediate impact of the crisis, the road ahead for the world economy and our global businesses remain of deep concern. Undoubtedly more business failures are on the horizon. In this issue we examine new developments in a number of the tools available for financial restructurings. These changes, in the United Kingdom, Germany, and the Netherlands, are designed to incorporate some of the benefits of restructuring available under chapter 11 in the United States.
In the UK, the Corporate Insolvency and Governance Act 2020 (CIGA) entered into force this summer, is the most wide-ranging change to the UK corporate insolvency framework for a generation. We are beginning now to see instances of UK and non-UK debtors actively considering and seeking to avail themselves of the new procedures and protections available in evaluating and implementing their restructuring options. An article about CIGA walks us through this new act and its implications.
Next, we offer an article on the EU Preventive Restructuring Frameworks Directive which permits a restructuring at an earlier stage than currently allowed under German law. This past September, the German Federal Ministry of Justice presented a ministerial draft act which goes far beyond the mere implementation of the EU Directive and promises to herald a dramatically new era in restructuring in Germany.
And in the Netherlands, there is also being introduced pre-insolvency restructuring legislation. The proposed law, referred to as WHOA, introduces schemes of arrangement and has been the center of attention of Dutch restructuring professionals for quite some time now. We present an update on the current status of the proposed law.
Finally, two additional articles focus on key areas that impact restructurings, tax and litigation. Tax considerations often determine the structures used to implement corporate restructurings. We discuss those different structures and the tax impact. On the litigation front, we report on a recent decision of the Canadian Supreme Court on the legitimacy of the use of litigation funding agreements as an interim financing in an insolvency proceeding.
Enjoy the issue and stay safe.
Howard Seife
Global Head
Bankruptcy, Financial Restructuring and Insolvency
Please visit our Zone of Insolvency blog where you can subscribe to receive the latest news and trends in bankruptcy and financial restructuring and insolvency.
Publication
In light of the documentary ‘Buy Now! The Shopping Conspiracy,’ the global issue of ‘e-waste’ has become a topic of conversation in many households.
Publication
The DWP has confirmed that primary legislation enabling the introduction of a default consolidator model for small DC pension pots (up to £1,000) will be included in the forthcoming Pension Schemes Bill expected before Parliament’s summer recess.
Publication
The Regulator's annual DB funding statement for 2025 was published on April 29, 2025. This statement and the accompanying analysis paper are particularly relevant to schemes with valuation dates between September 22, 2024, and September 21, 2025, now known as Tranche 24/25 or T24/25 to reflect the calendar year (previously known as Tranche 20 or T20).
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