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The Insider’s Guide to Legal Skills

by Emily Allbon Sanmeet Kaur Dua

Confused by cases? Stuck on statutes? Or just unsure where to start with writing, research or revision? The Insider’s Guide to Legal Skills will show you what you need to succeed, applying skills in their real-world context and helping you get to grips with legal method and thinking. Making use of problem-based learning and examples throughout, this practical and accessible guide will provide you with a clear guide to skills within the law degree and how to make the most of them in assessment, but also help you to see their importance to a future legal career. Designed for LLB/GDL students who want a clear overview of what a law degree is all about, the book has been built on the skills curriculum, and is a suitable text for Legal Skills, Methods and Reasoning courses as well as a general introduction to law, or pre-reading for those considering a law degree.

The Insider’s Guide to Legal Skills

by Emily Allbon Sanmeet Kaur Dua

Confused by cases? Stuck on statutes? Or just unsure where to start with writing, research or revision? The Insider’s Guide to Legal Skills will show you what you need to succeed, applying skills in their real-world context and helping you get to grips with legal method and thinking. Making use of problem-based learning and examples throughout, this practical and accessible guide will provide you with a clear guide to skills within the law degree and how to make the most of them in assessment, but also help you to see their importance to a future legal career. Designed for LLB/GDL students who want a clear overview of what a law degree is all about, the book has been built on the skills curriculum, and is a suitable text for Legal Skills, Methods and Reasoning courses as well as a general introduction to law, or pre-reading for those considering a law degree.

The Insider's Guide to Legal Skills

by Emily Allbon Sanmeet Kaur Dua

Confused by cases? Stuck on statutes? Or just unsure where to start with writing, research or revision? The Insider’s Guide to Legal Skills will show you what you need to succeed, applying skills in their real-world context and helping you get to grips with legal method and thinking. Making use of problem-based learning and examples throughout, the fully updated second edition of this practical and accessible guide will provide you with a clear guide to skills within the law degree, including online learning. It will show you how to make the most of these skills in assessment and also help you to see their importance to a future legal career. Designed for students who want a clear overview of what a law degree is all about, the book has been built on the skills curriculum, and is a suitable text for Legal Skills, Methods and Reasoning courses as well as a general introduction to law, or pre-reading for those considering a law degree.

The Insider's Guide to Legal Skills

by Emily Allbon Sanmeet Kaur Dua

Confused by cases? Stuck on statutes? Or just unsure where to start with writing, research or revision? The Insider’s Guide to Legal Skills will show you what you need to succeed, applying skills in their real-world context and helping you get to grips with legal method and thinking. Making use of problem-based learning and examples throughout, the fully updated second edition of this practical and accessible guide will provide you with a clear guide to skills within the law degree, including online learning. It will show you how to make the most of these skills in assessment and also help you to see their importance to a future legal career. Designed for students who want a clear overview of what a law degree is all about, the book has been built on the skills curriculum, and is a suitable text for Legal Skills, Methods and Reasoning courses as well as a general introduction to law, or pre-reading for those considering a law degree.

The Insider's Guide To Legal Skills (PDF)

by Emily Allbon Sanmeet Kaur-Dua

Confused by cases? Stuck on statutes? Or just unsure where to start with writing, research or revision? The Insider's Guide to Legal Skills will show you what you need to succeed, applying skills in their real-world context and helping you get to grips with legal method and thinking. Making use of problem-based learning and examples throughout, this practical and accessible guide will provide you with a clear guide to skills within the law degree and how to make the most of them in assessment, but also help you to see their importance to a future legal career. Designed for LLB/GDL students who want a clear overview of what a law degree is all about, the book has been built on the skills curriculum, and is a suitable text for Legal Skills, Methods and Reasoning courses as well as a general introduction to law, or pre-reading for those considering a law degree.

Insiders' Guide to Technology-Assisted Review (TAR)

by Ernst & Young LLP

Understand TAR mechanics, processes, and technologies, as taught by EY experts Insider’s Guide to Technology-Assisted Review provides professionals with a thorough understanding of the process that is becoming increasingly important to the legal industry. With detailed discussion of the methods, technologies, and practices involved in TAR, readers without advanced degrees in linguistics or related technologies will gain a solid knowledge base upon which to evaluate both current practices and the new tools and technology continually hitting the market. Written by the world-renown experts at Ernst & Young’s Technology and Discovery Services, this book provides a valuable resource for professionals seeking a more efficient way to handle the discovery and analysis process. Technology-Assisted Review streamlines the discovery and document review process by essentially “training” a computer to evaluate documents as required. The term “predictive coding” is used in a narrower sense, but both terms have several meanings, and can mean different things to different firms. Insider’s Guide to Technology-Assisted Review cuts through the confusion, differentiating the different types of TAR and explaining the process and mechanics of each. Readers will: Understand the fundamental concepts of technology-assisted review Simplify ediscovery, documentation, and storage of large document sets Learn how TAR tools work, and the resources they require to function Consider the specialized skillset required to fully exploit TAR technology Technology-Assisted Review is here to stay, as the legal industry evolves to take full advantage of the cutting-edge technology becoming more widely available. As TAR becomes standard practice, it’s important for professionals to understand its possibilities and limitations. Insider’s Guide to Technology-Assisted Review provides clear, comprehensive guidance toward this complex topic.

Insiders' Guide to Technology-Assisted Review (TAR)

by Ernst & Young LLP

Understand TAR mechanics, processes, and technologies, as taught by EY experts Insider’s Guide to Technology-Assisted Review provides professionals with a thorough understanding of the process that is becoming increasingly important to the legal industry. With detailed discussion of the methods, technologies, and practices involved in TAR, readers without advanced degrees in linguistics or related technologies will gain a solid knowledge base upon which to evaluate both current practices and the new tools and technology continually hitting the market. Written by the world-renown experts at Ernst & Young’s Technology and Discovery Services, this book provides a valuable resource for professionals seeking a more efficient way to handle the discovery and analysis process. Technology-Assisted Review streamlines the discovery and document review process by essentially “training” a computer to evaluate documents as required. The term “predictive coding” is used in a narrower sense, but both terms have several meanings, and can mean different things to different firms. Insider’s Guide to Technology-Assisted Review cuts through the confusion, differentiating the different types of TAR and explaining the process and mechanics of each. Readers will: Understand the fundamental concepts of technology-assisted review Simplify ediscovery, documentation, and storage of large document sets Learn how TAR tools work, and the resources they require to function Consider the specialized skillset required to fully exploit TAR technology Technology-Assisted Review is here to stay, as the legal industry evolves to take full advantage of the cutting-edge technology becoming more widely available. As TAR becomes standard practice, it’s important for professionals to understand its possibilities and limitations. Insider’s Guide to Technology-Assisted Review provides clear, comprehensive guidance toward this complex topic.

The Insider's View on Corporate Governance: The Role of the Company Secretary (Finance and Capital Markets Series)

by E. Banks

Corporate Governance is a text which considers the problems surrounding governance and proposes solutions to help restore investor confidence in the corporate world. The book is intended for board members, corporate executives, regulators, auditors, creditors and analysts seeking a concise analysis of the governance issues facing financial and non-financial corporations round the world. The book is fully international in context and includes real-life examples and cases to emphasize the practical nature of governance problems and solutions.

The Insider's View on Corporate Governance: The Role of the Company Secretary (Finance and Capital Markets Series)

by G. Erismann-Peyer U. Steger O. Salzmann

An up-to-date look at the latest thinking on Corporate Governance, capturing the wealth of experience of some 60 company secretaries in the world's top companies, whose job it is to make corporate governance work. A must for anyone who has ever had to make tough decisions on their board and wondered how their peers might have done it.

The Insidious Momentum of American Mass Incarceration

by Franklin E. Zimring

The phenomenal growth of penal confinement in the United States in the last quarter of the twentieth century is still a public policy mystery. While there is unanimous condemnation of the practice, there is no consensus on the causes nor any persuasive analysis of what is likely to happen in the coming decades. In The Insidious Momentum of American Mass Incarceration, Franklin E. Zimring seeks a comprehensive understanding of when, how, and why the United States became the world leader in incarceration to further determine how the use of confinement can realistically be reduced. To do this, Zimring first profiles the growth of imprisonment after 1970, emphasizing the important roles of both the federal system and the distribution of power and fiscal responsibility among the levels of government in American states. He also examines the changes in law enforcement, prosecution and criminal sentencing that ignited the 400% increase in rates of imprisonment in the single generation after 1975. Finally, Zimring then proposes a range of strategies that can reduce prison population and promote rational policies of criminal punishment. Arguing that the most powerful enemy to reducing excess incarceration is simply the mundane features of state and local government, such as elections of prosecutors and state support for prison budgets, this book challenges the convential ways we consider the issue of mass incarceration in the United States and how we can combat the rising numbers.

The Insidious Momentum of American Mass Incarceration

by Franklin E. Zimring

The phenomenal growth of penal confinement in the United States in the last quarter of the twentieth century is still a public policy mystery. While there is unanimous condemnation of the practice, there is no consensus on the causes nor any persuasive analysis of what is likely to happen in the coming decades. In The Insidious Momentum of American Mass Incarceration, Franklin E. Zimring seeks a comprehensive understanding of when, how, and why the United States became the world leader in incarceration to further determine how the use of confinement can realistically be reduced. To do this, Zimring first profiles the growth of imprisonment after 1970, emphasizing the important roles of both the federal system and the distribution of power and fiscal responsibility among the levels of government in American states. He also examines the changes in law enforcement, prosecution and criminal sentencing that ignited the 400% increase in rates of imprisonment in the single generation after 1975. Finally, Zimring then proposes a range of strategies that can reduce prison population and promote rational policies of criminal punishment. Arguing that the most powerful enemy to reducing excess incarceration is simply the mundane features of state and local government, such as elections of prosecutors and state support for prison budgets, this book challenges the convential ways we consider the issue of mass incarceration in the United States and how we can combat the rising numbers.

An Insight into Mergers and Acquisitions: A Growth Perspective

by Vinod Kumar Priti Sharma

This book provides an insight in the phenomenon of Mergers and Acquisitions (M&A), including the various forms of corporate restructuring. It highlights the importance of M&A as a strategy for faster growth in the corporate. The book provides an enriched experience of the art of valuation with detailed description of M&A process, deal structuring and financing. The book also provides the broader perspective of Accounting and Regulatory aspects of M&A. While covering the conceptual underpinnings of M&A, the book supplements it with real life examples on each sub-topic with various numeric examples. Thus the judicious blend of theory and practical aspects, through numerical as well as real life case-studies, make the book a source of vast knowledge in the complicated and dynamic world of M&A.

Insincere Promises: The Law of Misrepresented Intent

by Professor Ian Ayres Gregory Klass

How can a promise be a lie? Answer: when the promisor never intended to perform the promise. Such incidences of promissory fraud are frequently litigated because they can result in punitive damages awards. And an insincere promisor can even be held criminally liable. Yet courts have provided little guidance about what the scope of liability should be or what proof should be required. This book-the first ever devoted to the analysis of promissory fraud-answers these questions. Filled with examples of insincere promising from the case law as well as from literature and popular culture, the book is an indispensable guide for those who practice or teach contract law.The authors explore what promises say from the perspectives of philosophy, economics, and the law. They identify four chief mistakes that courts make in promissory fraud cases. And they offer a theory for how courts and practitioners should handle promissory fraud cases.

Insolvency and Restructuring Manual

by Simon Beale Paul Keddie

Insolvency and Restructuring Manual examines the main formal processes involved in the world of corporate insolvency and restructuring such as liquidation, administration, receivership, company voluntary arrangements and schemes of arrangement. Distinctly practical in style Insolvency and Restructuring Manual utilises bullet pointed and highlighted text, flowcharts, tables and other schematics to explain and compare the main procedures and remedies available in this complex area of law.The book begins by dealing with insolvency principles and processes, as it is necessary to know the effects of a formal insolvency in order then to consider restructuring as an alternative. As there are concerns specific to Directors of insolvent companies there is a chapter dealing with these. The special rights and remedies of creditors - not only secured creditors, but also landlords, employees, pensions-related creditors and retention of title creditors - are examined. A variety of additional considerations involved in a restructuring are then highlighted. Finally, given the increasingly global nature of many groups' businesses, cross-border considerations that may apply are covered.Fully revised and updated the new 3rd edition includes:- The new Insolvency Rules 2016 (coming into force 6 April, 2017), which are designed to modernise the legislation and incorporate various changes to the law since the rules were last drafted- The Recast EU Regulation on Insolvency 2015/848 - key changes include the new definition of centre of main interests (COMI) and the introduction of group coordination proceedings.- The Small Business, Enterprise and Employment Act 2015 - including the power for an administrator to bring wrongful/fraudulent trading actions, compensation orders/undertakings against disqualified directors and the changes to the rules regarding reporting and meetings by office holders- The creation of the "pre-pack" pool in relation to pre-pack sales to connected parties- Developments in relation to schemes of arrangement, including the use of schemes by non-UK companies and the progression of the law in this respect, for example in the cases of Van Gansewinkel Groep BV, MagyarTelecom B.V., Apcoa Parking Holdings GmbH and Codere Finance (UK) Ltd- The Lehman Brothers "waterfall" decisions relating to ranking of and proving for certain types of debts- The "Game Station" decision in relation to the ranking of rental payments as an administration expense and what liabilities constitute administration expenses Insolvency and Restructuring Manual is an indispensable reference source for experienced practitioners and offers junior professionals, company directors and company secretaries a valuable first introduction to the subject.

Insolvency and Restructuring Manual

by Simon Beale Paul Keddie Tim Bromley-White

“…a comprehensive, well-structured guide for those dealing with insolvency and restructuring aspects on a regular basis.” German-British Chamber of Industry & Commerce*This manual examines the main formal processes involved in the world of corporate insolvency and restructuring such as liquidation, administration, receivership, company voluntary arrangements and schemes of arrangement.The Fourth Edition covers:- The Part 26A scheme of arrangement (or 'restructuring plan'), standalone moratorium and provisions for the protection of supplies introduced by the Corporate Insolvency and Governance Act 2020- The regulations concerning disposals by an administrator to connected persons- The Supreme Court decision in BTI 2014 LLC vSequana S.A. and others clarifying when directors have a duty to creditors rather than shareholders- The legislative changes accompanying Brexit and other important developments in case law relating to cross-border matters- The use of special managers in complex compulsory liquidations as seen in the cases of Carillion, British Steel and Thomas Cook- The Pensions Schemes Act 2021 and its impact on the restructuring landscapeThis is an indispensable reference source for experienced practitioners and offers junior professionals, company directors and company secretaries a valuable introduction to the subject.*Review of a previous edition

Insolvency in Commercial Arbitration: A German and International Perspective

by Fabian van den Ven

The settling of disputes in international trade and in large and technically complex construction projects can hardly be imagined without the institution that is arbitration. Another thing we can be sure about is that insolvency will also remain a part of the lifecycle of business entities within the currently existing economic system. Whereas insolvency proceedings are heavily regulated with little leeway for the parties, the central tenet of arbitration is the autonomy of the parties. Hence this book aims to thoroughly investigate the many legal issues arising in arbitral proceedings when insolvency and arbitration clash. This interaction is increasingly frequent today. Providing much-needed practical guidance derived from a broad and deep theoretical discussion, the book covers such aspects as the following: the effect of insolvency on the arbitration agreement, the arbitration procedure (including a potential mandatory stay of proceedings), the arbitrator’s contract, and the arbitral award; the position of insolvency and arbitration within a legal order; the arbitrability of insolvency(-related) issues and claims; the possibility of determining claims in insolvency via arbitration; the determining of applicable law and conflict-of-laws rules, in particular when insolvency is opened in a different jurisdiction than that of the arbitration; and insolvency in arbitration within the application of the European Insolvency Regulation. After a chapter on the relevant background theories, the two main chapters of the book focus first on general issues that can arise in a domestic situation and second on problems particular to international cases of insolvency in arbitration. The primary domestic perspective is the German one, with abundant additional detail to fully embrace the international relevance of the discussion. The author concludes with a number of considerations, informed by practitioner feedback, discussions throughout the work, and as many arbitration case law examples as possible, for tribunals dealing with insolvency in arbitration. Based on a systematic application of arbitration and insolvency theory, the book provides an all-encompassing and holistic discussion, from before an arbitration is started to after the award has been enforced. In this way, the book provides a ‘one-stop-shop’ for practitioners, both lawyers and arbitrators, helping tribunals to navigate the treacherous waters of insolvency in arbitration.

Insolvency Law and Multinational Groups: Theories, Solutions and Recommendations for Business Failure (Routledge Research in Corporate Law)

by Daoning Zhang

The insolvency of multinational corporate groups creates a compelling challenge to the commercial world. As many medium and large-sized companies are multinational companies with operations in different countries, it is important to provide appropriate solutions for the insolvency of these key market players. This book provides a comprehensive overview of the cross-border insolvency theories, practical solutions and regulatory solutions for the insolvency of multinational corporate groups. Whilst the book recognises certain merits of these solutions, it also reveals the limitations and uncertainty caused by them. An analysis of the provisions and tools relating to cross-border insolvency of multinational corporate groups in the new EU Regulation on insolvency proceedings 2015, the UNCITRAL Model Law on cross-border insolvency, the Directive on preventive restructuring frameworks and the Bank Recovery and Resolution Directive 2014, along with a study of directors’ duties, are included in this book. This book focuses on the insolvency and rescue of non-financial corporate groups. However, it is also important to recognise the similarities and differences between corporate insolvency regimes and bank resolution regimes. In particular, lessons learnt from bank resolution practices may be useful for non-financial corporate groups. This book aims to provide an in-depth examination of the existing solutions for the insolvency of multinational corporate groups. It also aims to view cross-border insolvency of corporate groups within a broad context where all relevant regimes and theories interact with each other. Therefore, directors’ duties in the vicinity of insolvency, preventive insolvency proceedings, procedural consolidation, international cooperative frameworks and bank resolution regimes are considered together. This book may appeal to academics, students and practitioners within the areas of corporate law, cross-border insolvency law and financial law.

Insolvency Law and Multinational Groups: Theories, Solutions and Recommendations for Business Failure (Routledge Research in Corporate Law)

by Daoning Zhang

The insolvency of multinational corporate groups creates a compelling challenge to the commercial world. As many medium and large-sized companies are multinational companies with operations in different countries, it is important to provide appropriate solutions for the insolvency of these key market players. This book provides a comprehensive overview of the cross-border insolvency theories, practical solutions and regulatory solutions for the insolvency of multinational corporate groups. Whilst the book recognises certain merits of these solutions, it also reveals the limitations and uncertainty caused by them. An analysis of the provisions and tools relating to cross-border insolvency of multinational corporate groups in the new EU Regulation on insolvency proceedings 2015, the UNCITRAL Model Law on cross-border insolvency, the Directive on preventive restructuring frameworks and the Bank Recovery and Resolution Directive 2014, along with a study of directors’ duties, are included in this book. This book focuses on the insolvency and rescue of non-financial corporate groups. However, it is also important to recognise the similarities and differences between corporate insolvency regimes and bank resolution regimes. In particular, lessons learnt from bank resolution practices may be useful for non-financial corporate groups. This book aims to provide an in-depth examination of the existing solutions for the insolvency of multinational corporate groups. It also aims to view cross-border insolvency of corporate groups within a broad context where all relevant regimes and theories interact with each other. Therefore, directors’ duties in the vicinity of insolvency, preventive insolvency proceedings, procedural consolidation, international cooperative frameworks and bank resolution regimes are considered together. This book may appeal to academics, students and practitioners within the areas of corporate law, cross-border insolvency law and financial law.

Insolvency Law in East Asia

by Roman Tomasic

Insolvency law reform has become a subject of public urgency in many countries in the past two decades and particularly in much of Asia over the last ten years. This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. The book comprises two introductory chapters dealing with issues such as legal culture and cross-border insolvency, before examining the fourteen principal jurisdictions in the region. Each chapter addresses the key themes of different insolvency regimes, such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court-based schemes of arrangement; winding-up procedures; liquidators; enforcement; and offences. This title will be an invaluable guide to academics, practitioners and policy makers working in the areas of comparative and commercial law.

Insolvency Law in East Asia

by Roman Tomasic

Insolvency law reform has become a subject of public urgency in many countries in the past two decades and particularly in much of Asia over the last ten years. This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. The book comprises two introductory chapters dealing with issues such as legal culture and cross-border insolvency, before examining the fourteen principal jurisdictions in the region. Each chapter addresses the key themes of different insolvency regimes, such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court-based schemes of arrangement; winding-up procedures; liquidators; enforcement; and offences. This title will be an invaluable guide to academics, practitioners and policy makers working in the areas of comparative and commercial law.

Insolvency Law Reforms in Asian Developing Countries: An Epitome of Legal Transplants (SpringerBriefs in Economics)

by Yuka Kaneko

This book examines the outcomes of the economic law reforms in Asian developing countries, guided by the leading international development financiers such as the World Bank and the Asian Development Bank. Included is a particular focus on the recent “insolvency law” reforms in the Asian emerging economies, such as Vietnam, Laos, and Myanmar. Such legal reforms are the results of the “transplant” of the model law provided by these donor agencies, a law that was created in the post-Asian Currency Crisis in the 1990s. This book therefore examines the outcomes of three decades of donor-guided legal reforms. Appropriately, it applies not only the static approach to the legal texts but also an empirical methodology through interview surveys of the corporate and financial sectors. Following the introduction in Chapter I, Chapter II reviews the basic theories and presents the methodological framework. Chapter III then analyzes the contents of insolvency law reforms in the major target countries, namely, Vietnam, Laos, and Myanmar. Chapter IV provides a closer investigation into the design choices of Myanmar’s 2020 Insolvency Law as a typical example of the law reform involving the inter-donor conflict of law models between the Asian Development Bank and Japan’s official development assistance project. Lastly, Chapter V applies an empirical approach to the functioning of insolvency law, through international collaboration for interview surveys with small and medium-sized enterprises (SMEs) and their financiers.

Insolvency Practitioners: Appointment, Duties, Powers and Liability, Second Edition (Elgar Corporate and Insolvency Law and Practice series)

by Neil Levy Hugh Sims Rachel Lai Stefan Ramel Holly Doyle James Hannant Samuel Parsons Simon Passfield

This thoroughly revised second edition provides a clear overview of the functions and liabilities of insolvency practitioners (IPs). It considers the circumstances in which IPs are appointed and their duties and powers, before offering a detailed investigation into their potential professional liabilities, as well as in-depth guidance to practitioners and advisers as to how claims might be framed and defended.Key Features:Examination of both reported case law and unreported cases from the authors’ own experiences to provide unparalleled insightDiscussion of tendentious matters such as aspects of remuneration and the latitude given to IPs in exercising their commercial judgementAnalysis of recent legislative developments including the Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021 regarding ‘pre-packs’Consideration of "immunity" for office-holders on directions applications following the important decision of the Court of Appeal in Denaxe v Cooper (2023)Coverage of important Supreme Court cases such as Brake v The Chedington Court Estate Ltd (2023) on the question of standing to challenge trustees in bankruptcy and R (on the application of Palmer) v Northern Derbyshire Magistrates’ Court (2023) on whether administrators and liquidators are ‘officers’ of a company for all purposesConsideration of significant first instance decisions such as Re One Blackfriars Ltd (2021) on IP liabilities, Centenary 6 Ltd v TLT LLP (2023) on claims against administrators and liquidators, and Carraway Guildford (Nominee A) Ltd v Regis UK Ltd (2021) on the professional liability of a nominee in a CVAThis book is a crucial resource for insolvency practitioners and lawyers in insolvency practice, enabling them to effectively assist and advise IPs from appointment to discharge. It is also essential reading for postgraduate students and academics in corporate and insolvency law.

Insolvency Practitioners: Appointment, Duties, Powers and Liability (Elgar Corporate and Insolvency Law and Practice series)

by Hugh Sims Rachel Lai Neil Levy Stefan Ramel Holly Doyle James Hannant Samuel Parsons

This is an indispensable and practical overview of the functions and liabilities of the insolvency practitioner (IP), bringing together the expertise of insolvency practitioners and specialist lawyers. It considers the circumstances in which IPs are appointed, their duties and their powers, before offering a detailed investigation into their potential professional liabilities, as well as in-depth guidance to practitioners and advisers as to how claims might be framed and defended. Utilising knowledge drawn from decades of practice, Insolvency Practitioners examines both reported case law and unreported cases from the authors’ own experiences to provide unparalleled insight and information. It also discusses unresolved and tendentious matters such as aspects of remuneration, the end of personal IP licensing, and recent changes introduced by the Corporate Insolvency and Governance Act 2020, and provides clarity on the latitude given to IPs in exercising their commercial judgement. This book provides unique and comprehensive coverage of the significant body of case law in this area, and will prove essential reading for all IPs, insolvency and restructuring lawyers, as well as those dealing with matters relating to professional negligence. Its exploration of contentious issues in the field will also be of interest to academics and postgraduate researchers with a focus on insolvency law.

Insolvenzplanverfahren: Sanierungsoption für mittelständische Unternehmen (Schriften zur Mittelstandsforschung)

by Guido Paffenholz Peter Kranzusch

Anhand einer empirischen Erhebung bei Unternehmen, die ein Insolvenzverfahren durchlaufen haben, sowie ergänzender Fallstudien zu Spezialaspekten gehen die Autoren folgenden Fragen nach: Können insolvente Unternehmen in Deutschland leichter saniert werden als früher? Werden die neuen Verfahren von mittelständischen Unternehmen genutzt und mit welchem Erfolg? Welche Hürden müssen sie überwinden?

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