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Podcast: ESG Shareholder Activism

Shareholder activism is steadily on the rise. One area that has been increasingly making headlines is how a company handles its ESG strategy. Investors are scrutinising companies' ESG...

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Recent developments in ESG shareholder activism around the world and suggestions for risk mitigation

Shareholder activism has always been a relevant issue for companies, but in recent years a new variety has emerged and taken hold in the form of ESG shareholder activism. In detail, the...

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When push comes to shove - UK Supreme Court issues definitive guidance on banks' Quincecare duties

The UK Supreme Court in Philipp (Respondent) v Barclays Bank UK Plc (Appellant) [2023] UKSC 25 has confirmed that the so-called "Quincecare duty" – a duty on a bank to...

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Not a leg to stand on - Hong Kong court blocks noteholder from presenting winding-up petition

The Hong Kong court has handed down a significant decision on the issue of whether an individual bondholder under a global note can present a winding up petition against a bond issuer. The...

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Beyond the scope - recognition of mainland liquidation by Hong Kong court achieved through common law

In the case of Re Guangdong Overseas Construction Corporation [2023] HKCFI 1340, the Honourable Madam Justice Linda Chan recognized and provided assistance to a mainland China appointed...

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Kept-well: Hong Kong court hands keepwell trustee significant win

A Hong Kong court has awarded a trustee enforcing obligations under a keepwell deed more than US$489 million after finding the keepwell provider to be in breach. The decision by the...

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No concrete proposal - Hong Kong court calls for debtor companies to show realistic restructuring proposals

A Hong Kong court has reminded debtors of the need to present a credible and realistic restructuring proposal when facing creditors threatening winding up actions. In Re Jiayuan...

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Hong Kong court rules keepwell deeds are enforceable in first of its kind decision

In the latest development regarding the validity and enforceability of keepwell deeds in the "Peking Founder” litigation, a Hong Kong court has awarded more than US$164 million...

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Petition barred - Hong Kong CFA confirms primacy of exclusive jurisdiction clause in bankruptcy

The Hong Kong Court of Final Appeal (CFA) has confirmed a Court of Appeal finding that the court should respect the effect of an exclusive jurisdiction clause in bankruptcy proceedings,...

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