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Articles by James Batten
Bermuda: Restructuring & Insolvency
Appleby are most popular: within Strategy and Immigration topic(s) This country-specific Q&A provides an overview of Restructuring & Insolvency laws and regulations applicable in Bermuda.
Guide To Mergers & Acquisitions (M&A) In Bermuda 2026
Matthew Ebbs-Brewer’s articles from Appleby are most popular: within Corporate/Commercial Law topic(s) in North America in North America in North America Appleby are most popular: within Strategy and Immigration topic(s) A guide to Mergers & Acquisitions (M&A) law in Bermuda, with a focus on key areas including deal structure, due diligence requirements, regulatory frameworks, treatment of seller liability, deal process, hostile bids and other trends across the M&A sector in the jurisdiction.
Americas Restructuring Review 2026
Appleby are most popular: within Compliance and Immigration topic(s) in North America Bermuda is an overseas territory of the United Kingdom and its legal system is based on English common law, comprising statute and case law. Decisions of the English courts are not binding on a Bermuda court, although they are highly persuasive.
Bankruptcy & Restructuring - To Enforce, Or Not To Enforce
Bermuda's flagship restructuring process is the appointment of provisional liquidators, whose powers can be tailored to meet the specific need of a particular situation. It is very common, for instance, for provisional liquidators to be empowered to promote a scheme of arrangement between an insolvent company and its creditors.
Bermuda: An Introduction To Dispute Resolution 2025
The stable, competitive regulatory and legal regime in Bermuda continues to ensure its place as a hub for international economic activity. The island also makes effective use of close transport networks, including to London (seven-hour flight), New York and Washington (two-hour flight). The Dispute Resolution Landscape The economy Bermuda retains its prominence as a market leader for insurance and reinsurance.
Guide To Freezing Orders In Bermuda
A Appleby More Appleby is one of the world’s leading offshore law firms, operating in 10 highly regarded and well-regulated locations. We provide comprehensive, expert advice and services across a number of key practice areas. We work with our clients to achieve practical solutions whether from a single location or across multiple jurisdictions. Yes.
Isle Of Man VASP Developments
The Isle of Man first brought cryptocurrency within its AML/CFT regime in 2015 under the Designated Business (Registration and Oversight) Act 2015 (DBROA15). The sector was in its infancy and lacked a standardised vocabulary, so the Island produced its own definition of “convertible virtual currency activity” to capture a broad range of potential cryptocurrency activities. Nearly a decade on, the industry is well established and new terms have become common parlance.
Where Public Policy Collides: Arbitration V. Insolvency
The Privy Council has also resolved a longstanding debate concerning the right to appeal in winding up cases under Section 3(1)(a) of the Virgin Islands (Appeals to the Privy Council) Order 1967 (the 1967 Order), adopting the analysis of Farara JA in the Court of Appeal.
Bankruptcy & Restructuring - Planning For Failure
The sudden collapse of Lehman Brothers in September 2008 sent shockwaves around the globe. As the largest insolvency in history, Lehman's collapse was a pivotal moment in the 2007-2008 financial crisis and a startling illustration of the fragility of an outwardly robust institution and system. A failure to recognise and act upon early signs of distress turned what might have been a controlled descent into a freefall.
Counsel Erin Trimble-Cregeen Named In 2024 Eprivateclient Crown Dependencies NextGen Leaders
Factors considered in the selection process included, the reputation or performance of the company that the nominee works for, feedback from senior executives, trajectory of promotion/business development success and relative years of experience, and active involvement in promoting good organisational culture. This is the first year that the Isle of Man has been included, to reflect the role that the jurisdiction plays in the private wealth sector alongside Guernsey and Jersey.
Appointment Of HHJ Abbas Mithani KC (hon)
HHJ Mithani KC is a leading academic in the field of insolvency and company law, best known for his work “Mithani: Directors Disqualification.” He was appointed a KC honoris causa in 2009, in recognition of his contribution to the development of insolvency, company and succession law. In 1994, he authored ‘Islamic Wills’, a text which explores the interaction of English succession law with Sharia Law.
Erin Trimble-Cregeen And Melissa Wong To Deliver School Of International Financial Services Webinar
The one hour SIFS webinar will focus on: Amendment of the Trustee Act 2001 Duty of a trustee to disclose trust information Power of trustee to contract with himself Liability of trustees to third parties Amendment of the Trustee Act 1961 Power to declare exercise of a power voidable Amendment to the Limitation Act 1984 Erin is Counsel and practises in Appleby’s Dispute Resolution teams in the Isle of Man and Jersey.
Insurance Specialist Cathryn Minors Joins Appleby’s Market-Leading Insurance Practice In Bermuda
Cathryn has a wide range of experience in corporate and commercial matters, having worked in the Bermuda market for many years advising on insurance and reinsurance matters involving life insurance securitizations, catastrophe bonds, special purpose insurers, and long-term and general business commercial re/insurers. Cathryn also has extensive finance experience, having worked on securitizations and general banking matters.
Appleby Partners With Skyport In ‘100 Cedar Trees’ Project
Appleby Bermuda and Bermuda airport align in their commitment to environmental sustainability Leading offshore law firm Appleby has partnered with Skyport, the operators of Bermuda’s LF Wade International Airport, in the planting of 100 endemic cedar trees at the airport. The ‘100 Cedar Trees’ planting project was envisioned by Appleby, as a way to give back to Bermuda and to serve as a token of its commitment and contribution to help improve the island’s environment.
Counsel Katherine Garrood To Deliver School Of International Financial Services Webinar
The one-hour SIFS webinar will focus on: In the courts: Governance and Duties In the courts: Exclusion clauses FSA prohibitions and penalties Looking ahead Katherine is Counsel within the Corporate department at Appleby in the Isle of Man, specialising in Isle of Man funds. She is a previous chair of the IOM Wealth & Fund Services Authority and continues to head up regulatory matters for the industry association. Katherine has over ten years’ experience advising on regulation in the Isle of Man.
Bermuda’s Privacy Laws Come Into Effect On 1 January 2025 – Are You Ready? | Appleby
Privacy Law & Data Protection Services Our specialized privacy law and data protection team assisted with drafting Bermuda’s Personal Information Protection Act, 2016, which is heavily based on Canadian law with some influences from Europe’s GDPR data protection regime. With Canadian trained legal counsel on our team, we have over 20 years of privacy law and regulation compliance with the privacy law regimes that PIPA is primarily based on.
Appleby Sponsors First [RE]Connect Reinsurance Conference In The Cayman Islands
The team at Appleby are looking forward to attending the Conference, which will bring together industry experts and explore Cayman as a growing reinsurance jurisdiction. Cayman partner, Jacob MacAdam will participate in the premiere panel ‘Why Cayman and How to Establish a Foundation for Success’, which will discuss why Cayman is thriving as a reinsurance domicile, and how reinsurers can be set up for success.
Appleby Announces Senior Promotions To Partner And Counsel
The promotions include members from the Group’s Corporate and Dispute Resolution practices.
Insolvency In A Consistently Reliable Restructuring Jurisdiction
Bermuda is an overseas territory of the United Kingdom, and its legal system is based on the English common law comprising statute and case law. Bermuda has developed its own body of common law and statutes, and this has been influenced by several jurisdictions including England, Canada, Australia and New Zealand. Decisions of the English courts are not binding on a Bermuda court, although they are highly persuasive.
Regulatory Compliance: Bermuda Economic Substance And AML/ATF Regimes - Money Laundering - Bermuda
Regulatory compliance has seen developments at a global scale over recent years, with continued focus on tax evasion and anti-money laundering (AML)/anti-terrorist financing (ATF). Regulators in Bermuda face on-going scrutiny from international organisations – such as the Organization for Economic Cooperation and Development (OCED) and Caribbean Financial Action Task Force (CFATF) – regarding compliance with international regulatory standards.
Bermuda: Insolvency in a Consistently Reliable Restructuring Jurisdiction
In summary This article discusses the defining features of Bermuda’s insolvency landscape and the primary insolvency and rescue procedures available under Bermudian law, including compulsory liquidations and schemes of arrangements. The restructuring of Noble Group Limited is presented as a case study, to illustrate the use of provisional liquidation to facilitate a restructuring via a scheme of arrangement.
Appleby Advised Artex On Its Acquisition Of Recruitment Specialist Frontier
Appleby’s role included advising on transaction structuring, obtaining applicable licenses and advising on transaction documentation. The transaction was led by Bermuda Managing Partner Brad Adderley and supported by Counsel Josephine Noddings. Artex is Arthur J. Gallagher & Co.’s wholly-owned subsidiary for alternative risk and capital, including fund administration and is a trusted leader and provider of diverse alternative risk and capital solutions.
Appleby Acted As Bermuda Counsel To Virgin Cruises On $550 Million Capital Raise
The funding round was led by funds managed by the Private Equity Group of Ares Management (Ares), a global alternative investment manager, and also included additional capital from existing investors including Virgin Group and Bain Capital. Appleby advised on corporate law and regulatory elements of the transaction. Partner Sally Penrose led the transaction with support from Partner Tammy Richardson-Augustus; Senior Associates James Batten, Katie Blundy; and Associate Carl Meyer.
Developments In The Law On Digital Assets
Bermuda is world-renowned for its cutting-edge regulation of fintech and digital assets. There is potentially enormous value to be realised in Bermuda through the adoption of digital assets or digital asset infrastructure − including blockchains, smart contracts, tokenised digital assets and cryptographic techniques − in the context of traditional financial services.
Directors' duties on the eve of insolvency
It is common knowledge that directors of companies owe a duty to the company to act in its best interests. Less well understood is the principle that, when a company reaches a certain level of financial distress, the directors' duties shift to include a duty to consider the interests of creditors of the company.
A Restructuring Destination - Financial Restructuring - Bermuda
Bermuda has an outsized, first-class insurance and financial sector, attracting complex, multinational organisations from across the world. Those organisations expect first-class service from their professional advisors in all arenas. One such arena is the provision of services relating to restructuring. Restructuring is a term that covers a wide range of activity. It can cover everything from minor alterations of debt repayment schedules to wholesale group structure changes.
Digital Assets In A Crypto Winter
In 2013, IT engineer James Howells was cleaning out his house. He had two identical hard drives: one he put in a safe place, the other he threw away. One hard drive was blank and the other contained files from an old computer, including the private keys needed to access a wallet containing 7,500 Bitcoin. Unfortunately for Mr Howells, he had mixed up the two drives. Today, Mr Howells' discarded Bitcoin are worth about $170 million.
Digital assets in a crypto winter
In 2013, IT engineer James Howells was cleaning out his house. He had two identical hard drives: one he put in a safe place, the other he threw away. One hard drive was blank and the other contained files from an old computer, including the private keys needed to access a wallet containing 7,500 Bitcoin. Unfortunately for Mr Howells, he had mixed up the two drives. Today, Mr Howells' discarded Bitcoin are worth about $170 million.
Provisional Liquidation In Bermuda
Provisional liquidation in Bermuda is a distinctive, flexible regime that operates to support companies in financial distress or in support of a restructuring. In 2006, the former Chief Justice of Bermuda, Kawaley J (as he then was) described the practice of provisional liquidation in Discover Reinsurance Company v PEG Reinsurance Company Ltd [2006] BDA LR 88.
Defining Digital Assets In Insolvency Proceedings
It has been more than a decade since the creation of the first cryptocurrency, bitcoin, yet digital assets are only now being adopted by mainstream business. Major companies such as Microsoft, PayPal, Whole Foods, Starbucks and Tesla accept cryptocurrencies, as do banks such as Goldman Sachs. In turn, we are now beginning to see the implications of digital assets gradually being integrated into traditional financial systems.
Defining digital assets in insolvency proceedings
It has been more than a decade since the creation of the first cryptocurrency, bitcoin, yet digital assets are only now being adopted by mainstream business. Major companies such as Microsoft, PayPal, Whole Foods, Starbucks and Tesla accept cryptocurrencies, as do banks such as Goldman Sachs. In turn, we are now beginning to see the implications of digital assets gradually being integrated into traditional financial systems.
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