King & Wood Mallesons’ Post

on X https://lnkd.in/dRwNRZsY ’According to court documents, the subpoena covers “all documents relating to any money transfers or other transactions” between Therium and the claimants they funded, the arbitrator who granted the $15B award, and the Spanish law firm that led the claim.’ From information in public domain, the arbitrator was criminally convicted for his activity relating to making the award. The Malaysian authorities have repeatedly referred in the public domain to the ‘Sulu claim’, in which Therium financed the claimants, as being a ‘sophisticated fraud’. On the Connection Capital LLP (‘CCLLP’) website 4 ‘Funds’ are mentioned that CCLLP confirms in public domain that they completed capital raises for these Connection Therium LLPs. The incorporation dates of majority of these LLPs or “funds” coincides with when Therium was funding the claimants mentioned in the Law dot com post on X Perhaps only a coincidence that subpoenas (duces tecum) have been granted by the court & that incorporation dates of majority of the CCLLP - Therium Funds match when Therium was funding the claimants. The application for the court approved subpoenas mentions CCLLP website in 4 exhibits attached to the subpoena application. 4 exhibits, 4 Funds on the CCLLP website. All information, including the application for the subpoenas, the references to 3 civil lawsuits and a private criminal prosecution of the Funders, is available in public domain via websites. 4 Exhibts, 4 Funds, 4 lawsuits intended against the Funder. Therium Capital Management Connection Capital LLP Claire Madden Bernard Dale X #litigationfunding #litigationfinancing #law #criminal #Fraud #investments #Funds #Birmingham #London #Jersey #NewYork #Malaysia #Sabah #Sulu #Media

Our colleagues, Carmen and Delia, delve deeper into effective remedies within the Romanian legal framework to address corporate deadlocks. They highlight legal pathways such as shareholder exclusion and withdrawal procedures, despite their complexity. Additionally, they emphasize the importance of robust shareholder agreements and innovative buyout clauses like “Russian Roulette” and “Texas Shootout” to prevent and resolve disputes. These tools are crucial for maintaining efficient corporate governance and overcoming potential stalemates.   Read the second part of the analysis, here - https://shorturl.at/HOg1e. Please note that this is an adaptation of an article first published by PeliPartners on the website of the Corporate and M&A Law Committee of the Legal Practice Division of the International Bar Association. The original article may be read here - https://shorturl.at/X6iBC

Navigating cross-border transactions demands a comprehensive approach, where legal expertise is central to coordinating intricacies across diverse jurisdictions, harmonizing legal frameworks, and ensuring compliance with local and international standards. As your attorneys, Marous Law will guide you through the complexities of cultural differences, emphasizing effective communication strategies to bridge gaps during negotiations and relationship-building. Beyond the legal aspects, our firm plays a crucial role in overcoming regulatory hurdles and identifying and mitigating risks to ensure transactions align with national and international regulations. In essence, the key to triumph in cross-border transactions lies in the adept integration of legal acumen, cultural intelligence, and strategic foresight, establishing a solid foundation for success in the global business landscape. If you have questions about cross-border transactions, our team would happily answer them. Contact us today via email (contact@marouslaw.com) or call us at 212-608-0600 to receive the guidance and representation you deserve. #MarousLaw #LegalServices #ForeignDirectInvestment #CrossBorderTransactions #Investment #BusinessGrowth  #LegalCounsel

Arbitrability of shareholder disputes (share buyout; just & equitable winding up applications). Interesting 2024 Keynote Address following the CIArb London Branch AGM this week. Delivered by The Rt Hon Lady Arden of Heswall DBE former justice of the UK Supreme Court. I particularly noted mention of the Sep 23 Privy Council judgment in relation to, amongst other things, the arbitrability of share buy-out remedies and of matters concerning just and equitable winding up applications. ICYMI see link below to the judgment and indicative extracts from the legal analysis included. Para 76:  “… There is a general consensus that an arbitral tribunal has the power to grant inter partes remedies, such as ordering a share buy-out in proceedings for relief for unfairly prejudicial conduct in the management of a company under section 994 of the Companies Act 2006 in the United Kingdom and similar legislation in other jurisdictions …”.    Para 78: “… The Board agrees as a general rule with this approach to discrete matters which involve inter partes disputes in the context of a winding up application. Matters, such as whether one party has breached its obligations under a shareholders’ agreement or whether equitable rights arising out of the relationship between the parties have been flouted, are arbitrable in the context of an application to wind up a company on the just and equitable ground and the arbitration agreement is not inoperative because the arbitral tribunal cannot make a winding up order…”. FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation (Cayman Islands) [2023] UKPC 33 (20 September 2023) (bailii.org) #arbitration #shareholderdisputes #disputeresolution #adr

Readers of business tabloid Affärsvärlden's last theme number on business law can read about Litigium Capital and the developments of the legal financing market in the Nordics, i.a. ✅ Benefits of legal financing ✅ The evolution of the typical client: from the "Davids" to solid clients wanting to share risks ✅ Our screening process ✅ Our success rate in invested cases #thirdpartyfunding #legalfinancing #litigationfunding #tvistfinansiering

Responses to the new Company Law’s timely capital contribution rules https://lnkd.in/gZKezFN2     With the implementation of the new Company Law, the capital contribution period for registered capital will be adjusted to within five years. What measures can an existing enterprise take in response?      To clarify these issues, Wang Yating at Guantao Law Firm explores the impact of the new Company Law’s capital contribution deadline on different companies and proposes feasible responses.      👉 Sign up for the latest updates in the legal industry: https://lnkd.in/g3brrPdM                  #lawdotasia #cblj #iblj #ablj #china #companylaw #corporatelaw #shares #capitals #bankingandfinance #capitalmarkets #inhousecounsel #business #legalprofession #lawfirms #lawyers #legal #law

With IP financing deals on the rise for companies seeking liquidity, you may want to read up on the benefits of these transactions. I just authored a piece with @Bloomberg Law on this topic, which can be found here: IP Financing Deals Gain Traction For Companies Seeking Liquidity (bloomberglaw.com)