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Articles by Mark Johnson
Le gouvernement fédéral canadien publie un énoncé de politique sur les investissements dans les aéroports
BC Blake, Cassels & Graydon LLP More Blake, Cassels & Graydon LLP (Blakes) is one of Canada's top business law firms, serving a diverse national and international client base. Our integrated office network provides clients with access to the Firm's full spectrum of capabilities in virtually every area of business law. Le 7 mars 2025, François-Philippe Champagne, alors ministre fédéral de l'Innovation, des Sciences et de l'Industrie, au nom d'Anita Anand... Canada Transport
What are the latest Companies House Reforms?
On 26 October 2023, the Economic Crime and Corporate Transparency Act received Royal Assent, meaning that the proposed reforms to the operations of Companies House were confirmed. The measures are intended to improve the visibility and accuracy of company information and will play a much greater role in disrupting economic crime by preventing fraudulent and unlawful activity, whilst supporting economic growth. Companies House aims to introduce the initial wave of changes on 4 March 2024.
English High Court Applies Irish Law to English Debt Claims
Executive Summary In a radical departure from settled case law, the English High Court has eroded the protections of English law creditors guaranteed by the Rule in Gibbs1 . In Silverpail Dairy (Ireland) Unlimited Company v. McCarthy [2023] EWHC 895 (Ch), the English High Court applied Irish law to English governed law debt claims, including unpaid amounts owing to HM Revenue and Customs (HMRC), so as to bind English law creditors to an Irish law scheme of arrangement.
Distressed Disposal Provisions
Investors in LMA-based intercreditor agreements1 (ICA) should be reassured by the commercial approach recently taken by the High Court in construing the "Distressed Disposal" provisions (DD Provisions). Galapagos Bidco S.A.R.L. v Dr Frank Kebekus and others [2023] EWHC 1931 (Ch) (Galapagos) is the first judicial determination of DD Provisions in over a decade2. The decision is welcome for confirming that they do precisely what they say on the proverbial tin.
Distressed Disposal Provisions
Executive Summary Investors in LMA-based intercreditor agreements1 (ICA) should be reassured by the commercial approach recently taken by the High Court in construing the "Distressed Disposal" provisions (DD Provisions). Galapagos Bidco S.A.R.L. v Dr Frank Kebekus and others [2023] EWHC 1931 (Ch) (Galapagos) is the first judicial determination of DD Provisions in over a decade2. The decision is welcome for confirming that they do precisely what they say on the proverbial tin.
Two Years of UK Pre Pack Regulation
It is now two years since the 30 April 2021 introduction of the Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021 (the "Regulations") and a good time to look back at whether the Regulations have achieved their purpose, what issues remain and what the next two years might look like. Summary The Regulations came into force on 30 April 2021 with the intention of addressing concerns around pre-pack administration sales to connected persons.
Deleveraging Through the LMA Intercreditor Distressed Disposal: How to Navigate a Challenge-Free Process
Executive Summary A distressed disposal (Distressed Disposal) under an LMA-based intercreditor agreement1 (ICA) is a powerful restructuring tool. It has the potential to significantly de-lever a business for the benefit of the “in the money” class of lenders (which, for ease of terminology, we will refer to as the “Senior Lenders”). Yet, unlike similar tools (such as company voluntary arrangements (CVAs), schemes of arrangement and restructuring plans), it receives little press attention.
Deleveraging Through the LMA Intercreditor Distressed Disposal: How to Navigate a Challenge-Free Process
Executive Summary A distressed disposal (Distressed Disposal) under an LMA-based intercreditor agreement1 (ICA) is a powerful restructuring tool. It has the potential to significantly de-lever a business for the benefit of the “in the money” class of lenders (which, for ease of terminology, we will refer to as the “Senior Lenders”). Yet, unlike similar tools (such as company voluntary arrangements (CVAs), schemes of arrangement and restructuring plans), it receives little press attention.
Guidance for Insolvency Practitioners: Financial Conduct Authority's Update on Regulated Firm Restructurings and Insolvencies
Wednesday, October 5, 2022 On Thursday, 22 September 2022, the UK Financial Conduct Authority (FCA) held a webinar and Q&A session aimed at clarifying the FCA's expectations of office holders, lawyers and consultants navigating insolvencies and restructurings of regulated firms. The overall message is that the FCA is dedicated to reducing harm from regulated firm failures and is focused on its statutory objectives of protecting consumers and the integrity of financial markets.
Debtors Must Continue to Consider English Restructuring Processes to Secure a Global Solution
Key Point The UK government's proposals to only partially implement a new UNCITRAL Model Law means that creditors of English law debts who do not consent to a foreign restructuring proceeding will still have recourse to enforcing their rights against the debtor's UK-based assets.
Directors' Duties Under English Law — How to Lead in Difficult Times
Elon Musk recently said he has a "super bad feeling" about the economy, pithily declaring what most financial commentators have been predicting in more technical terms. To the extent there is still time to batten down the hatches with equity markets tumbling, directors need to be prepared. Directors of companies facing financial difficulties may find themselves being pulled in different directions by different stakeholder interest groups. Activist investors are becoming more commonplace.
NASDAQ Proposes New Board Diversity Listing Rules
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Wisconsin LIRC Determines Even Very Upsetting Criminal Convictions May Not Be Substantially Related to the Job
Wednesday, May 1, 2019 Wisconsin employers deciding whether to hire an applicant with a criminal background often find themselves between a rock and a hard place. If they fail to take reasonable care screening the applicant, they may face a negligent hiring claim. But if they screen too stringently, they may face a claim that they violated the Wisconsin Fair Employment Act, which prohibits discriminating against applicants with a conviction record that does not substantially relate to the job.
Wisconsin Supreme Court Focuses on Employer’s Actual Knowledge in Disability Discrimination Ruling
In a recent opinion, the Supreme Court of Wisconsin rejected the “inference method” of causation that the Labor and Industry Review Commission has used for more than two decades to find liability in cases in which an employer takes adverse action against an employee for conduct that the employee claims was caused by a disability.
Wisconsin Commission Finds Employers Cannot Consider Expunged Convictions—Even if Substantially Related to the Job
The Wisconsin Fair Employment Act prohibits employers from taking adverse employment action against an applicant or employee because of the individual’s conviction record, unless the conviction is “substantially related” to the position sought or held. Wisconsin law permits certain offenders who commit crimes before they reach the age of 25 to have their convictions expunged.
De Pere Joins Wisconsin Municipalities Nondiscrimination
On November 21, 2017, the De Pere city council added to Wisconsin’s list of municipalities with local nondiscrimination ordinances. For employers, the De Pere ordinance creates a unique protected class in Wisconsin: victims of domestic violence, sexual assault, or stalking. De Pere, Wisconsin, employers will need to comply with the new ordinance when it takes effect on March 1, 2018.
Wisconsin Court Holds Discharging Employee Because of Misconduct Caused by Disability Can Be Discrimination
The Wisconsin Court of Appeals has affirmed a decision holding that a call center employee with bipolar disorder proved that he was discharged “because of” his disability by establishing he was discharged for misconduct—i.e., avoiding calls—that was caused by his disability.
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