Written for general counsel, sponsors, and boards. Analysis only — no commentary on firm mandates.
US courts continue to refine the centre-of-main-interests analysis. Recent decisions narrow the space for opportunistic forum construction while widening comity for English restructuring plans.
Tribunals are increasingly willing to separate jurisdictional immunity from immunity from execution. The consequence is a widening gap between award and recovery.
Divergent national supervisory practice has turned a single European regime into a set of practical local variations. Passporting works — but only from the right home state.
The Court's docket returns to the boundary between actionable misstatement and inactionable opinion, with material implications for pleading practice in the circuits.
Cost-of-insurance class actions continue to turn on the contractual latitude for redetermination and the evidentiary adequacy of the insurer's mortality assumptions.
Universal proxy has changed the arithmetic of board contests. Short-slate campaigns now succeed against incumbents who would previously have prevailed comfortably.