Three Arrows Capital Co-Founder Avoids Contempt and Sanctions in United States, But Bankruptcy Court Previews Worldwide Enforcement Options

On June 27, 2022, Three Arrows Capital (“3AC”), a crypto hedge fund, commenced liquidation proceedings in the British Virgin Islands and thereafter filed recognition proceedings in, among other countries, the United States and Singapore.  As we discussed earlier this year, on December 2, 2022, the bankruptcy court presiding over 3AC’s chapter 15 proceeding pending in the Southern District of New York held that the 3AC joint liquidators (the “JLs”) could serve a subpoena (the “U.S. Subpoena”) upon a 3AC cofounder, … Read the rest

Justices divided on the constitutionality of the federal law that bans “encouraging” immigrants to remain unlawfully in the United States

Justices divided on the constitutionality of the federal law that bans “encouraging” immigrants to remain unlawfully in the United States

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Both oral advocates faced fairly cold receptions on Monday morning in United States v. Hansen when the Supreme Court heard argument on whether 8 U.S.C. § 1324(a)(1)(iv), the federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully, violates the First Amendment’s guarantee of freedom of speech.  

The argument also shed more light on the newer justices’ views on the freedom of speech. The newly reconfigured Court appears less strongly … Read the rest

Sanctions Against Russia and Restrictions on Flow of Capital Lead to First Chapter 11 Filing in the United States and Will Likely Lead to More Filings

As the conflict in Ukraine enters its second month and the list of sanctions and restrictions imposed by the United States, the European Union and other countries increases to punish Russia, the effects of the sanctions will become more apparent and are expected to have profound and lasting effects on a large number of industries.  These sanctions and other restrictions on the flow of capital will also have a long-term impact on Russian investments all over the world, as sanctions … Read the rest