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08 July 2010 / Anthony Connerty
Issue: 7425 / Categories: Features , Commercial
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Lehman lessons

Anthony Connerty reports on how ADR has helped deal with the fallout from the collapse of Lehman Brothers

Lehman Brothers, a Wall Street institution that could trace its origins back over 150 years, declared itself insolvent by filing for Ch 11 protection against its creditors in the early hours of Monday, 15 September, 2008.

It was to be the biggest bankruptcy in US history. President Bush would later sign an emergency order providing government insurance to the $3.5trn that was tied up in money market funds. The Lehman collapse affected not only the US: it triggered a global financial crisis.

What led to the collapse of institutions like Lehman Brothers?

Breach of a classic rule of banking

The traditional UK building society takes in deposits from investors and uses those deposits to lend out money to house purchasers, taking a mortgage on the property to secure the money loaned. Care is taken in valuing the property to be purchased and in checking out the borrower: are the borrower’s circumstances—job/wages/commitments, and so on—such as to indicate

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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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