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Publications

Throughout the year, we analyse a number of topics to provide expert insight into the world of offshore transaction and court decisions. Read our latest publications below.

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Bermuda-1024x576-1
14 Mar 2024

Privacy Rights Extend Outside Bermuda

As Bermuda prepares for the full application of the Personal Information Protection Act 2016 on January 1, 2025, organisations that use personal information in Bermuda must keep in mind that PIPA protects the privacy rights of all individuals whose personal information is being used, regardless of their geographic location.

Regulatory Advice
14 Mar 2024

When is a company insolvent – to appoint or not to appoint a liquidator in the BVI?

China Minsheng Banking Corp., Ltd., Hong Kong Branch V Tai Feng Investments Limited. 

Dispute Resolution
12 Mar 2024

Grand Court Rejects Attempted Defence of Creditor’s Winding Up Petition Based on Alleged Cross-Claim

In its recent judgment in In re Global-IP Cayman, the Grand Court has recently provided helpful guidance on the circumstances in which a petition may be resisted on the basis of an alleged cross-claim by the company against the petitioning creditor.

Asia Talks 560 x 380
3 Mar 2024

Podcast: Cayman Restructuring Officer Regime - An alternative approach for distressed companies

Join us as we discuss the developments in the RO regime in the Cayman Islands, including the very recent case of Holt Fund SPC.

The Grand Court clarifies the ordinary rule for damages in temporary deprivation of property cases
29 Feb 2024

Silicon Valley Bank Liquidators Denied Chapter 15 Recognition, But They Fight On

The Liquidators of SVB’s Cayman branch have been denied Chapter 15 recognition, but they have continued their fight by filing a complaint against the FDIC in federal court. This article considers the Bankruptcy Court’s decision.

Dispute Resolution
28 Feb 2024

Proof of debt appeals to the Grand Court - the approach for dissatisfied creditors in disputing a liquidator’s rejection of proof

The Grand Court’s decision in North Sound Pharmaceuticals Inc. (in Official Liquidation) (FSD 110 of 2022) on 21 February 2024 provides a useful reminder of the applicable process and principles in appealing a liquidator’s rejection of a creditor’s proof of debt.

IOM-1024x576
26 Feb 2024

Trusts: Non-intervention in the Isle of Man

The recent Isle of Man judgment of the Staff of Government Division (SGD) in the case of A and B v C and D – 2DS 2023/25 emphasises the importance of the non-intervention principle in trust proceedings and provides us with another interesting case to add to the non-intervention cannon.

Regulatory Advice
22 Feb 2024

Cayman Islands Regulatory Round Up 2024

This update takes a look back at the key legal and regulatory developments which occurred during 2023. It also considers key legal and regulatory developments which will affect persons, including financial services providers (FSPs) operating in and from within the Cayman Islands during 2024.

Intellectual Property
21 Feb 2024

Bermuda Privacy Law Compliance: Pitfalls to Avoid

Although members of the Chamber are aware that Bermuda’s Personal Information Protection Act, 2016 ( PIPA ) will come into full force on 1 January 2025, many members may not appreciate some of the more challenging compliance requirements of PIPA. In an effort to help members avoid some common pitfalls associated with PIPA compliance, the following is a brief review of three of PIPA’s compliance requirements that many organizations should devote particular attention to.

Dispute Resolution
19 Feb 2024

Bermuda: An Introduction to Dispute Resolution in 2024

International business is the primary area of economic activity in Bermuda, as a result of not just a favourable tax regime, but also because of its political and legal stability, regulatory framework, proximity to New York (2-hour flight) and London (7-hour flight), talented work force, and natural beauty.

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Throughout the year, we analyse a number of topics to provide expert insight into the world of offshore transaction and court decisions. Register to receive these updates straight to your inbox.