Online June 2013
Dr George Pamboridis was the panel co-ordinator of the Ambassadors’ Debate at the 2nd Cyprus Natural Gas Conference on 20–21 June 2013.
The procedure of composition with creditors aimed at business continuity has a major impact on the rules governing public contracts.
The Employment Forum has recommended that the existing qualifying period for protection against unfair dismissal should remain at 26 weeks.
3D printing technology is progressing forward in leaps and bounds and is evolving rapidly.
The Court of Appeal has confirmed that the ‘business common-sense’ approach to contractual interpretation is neither an overriding principle of construction nor a licence for one party to say that a contract means what amounts to ‘good business sense’ to that party.
The Data Protection Act (DPA) contains an exemption for personal data that is processed by an individual for the purposes of his or her personal affairs.
A game changer for competitive M&A transactions? Federal Court passes judgment on bidding tactics download
Federal Court decision contains some important lessons for investment banks and private equity firms involved in competitive sale processes.
Al Tamimi offers a legal insight into the enforcement of foreign judgment in Iraq.
The debate on introducing a class action mechanism in France gained momentum with a new reform proposal.
ACAS has published its response to the consultation on the draft statutory Settlement Agreements Code of Practice.
Addleshaw Goddard has acted for Green Property Ventures on the sale of Nine One Elms in Vauxhall to Dalian Wanda Group.
Addleshaw Goddard’s corporate finance team in Manchester has advised 2ergo on its £3.1m placing of shares.
Addleshaw Goddard has advised Bridges Ventures on the sale of its majority position in The Gym Group to Phoenix Equity Partners.
Addleshaw Goddard has advised Britvic on its agreement with the Narang Group for the sale and distribution of its Fruit Shoot drink in India.
Addleshaw Goddard and Tokyo-based Hashidate Law Office have announced a formal alliance.
The Department for Education has released its draft School Teachers’ Pay and Conditions Document 2013.
African intellectual property download
Comoros has become the 17th African Intellectual Property Organisation (OAPI) member state.
AgriThinking — Autumn 2013 download
The Autumn 2013 issue of King & Wood Mallesons’ AgriThinking publication is available now.
AIFMD update — Bermuda, BVI, Cayman Islands and Mauritius: approval of third country co-operation arrangements with ESMA download
The ESMA has approved co-operation arrangements between Bermuda, the BVI, the Cayman Islands and Mauritius and the securities regulators responsible for the supervision of AIFs.
When acquiring a new investment property with an asset life extending beyond 2015, enquiries should be made into the property’s air-conditioning plant.
Al Tamimi & Company has opened a new office in Ras Al Khaimah.
Al Tamimi was named Middle East Law Firm of the Year for the second consecutive year at the Corporate Counsel Middle East Awards 2013.
Contract Bottling Ltd v Cave arose out of a redundancy exercise conducted by a company that needed to make cuts in administration and accounts staff.
Allen & Overy has advised Asklepios Kliniken GmbH in connection with a €325m syndicated credit line.
Allen & Overy is advising the Co-operative Group and the Co-operative Bank on the plan announced on 17 June to generate capital for the bank and provide stability.
Allen & Overy is advising the export credit agencies and commercial lenders on the $5bn financing of the Nghi Son Refinery and Petrochemical (NSRP) project in Vietnam.
Allen & Overy has advised Oswestry, a bid company established by Malcolm Walker, on its acquisition of Iceland Foods Group for £1.45bn.
Allen & Overy has advised Sberbank of Russia and VTB Capital as arrangers and lenders under a $1.7bn public-to-private acquisition financing facility.
Allen & Overy has advised Total Gabon, an affiliate of longstanding client Total, on a $300m revolving facility.
Allen & Overy employees and alumni have staged their first musical to raise more than £20,000 for charity.
Antonio Bavasso, a partner in Allen & Overy’s global antitrust team, will co-chair the 2013 GCR Live Telecoms, Media and Technology event on 2 July.
A panel of government enforcement experts will discuss compliance programmes during a live webcast on 18 June 2013.
Three Allen & Overy Greater China partners are set to present at the ICC in Paris.
Allen & Overy partners with IFRC to develop new legal approach to mitigating impact of natural disasters
Allen & Overy is partnering with the IFRC to develop a new legal approach to mitigating the impact of natural disasters.
Allen & Overy has revealed that some of the most prominent cartel enforcers have obtained fines totalling €507m (£432m) globally for the first half of 2013.
Allen & Overy’s Human Rights Working Group has published the second issue of the Business and Human Rights Review.
On 5 June 2013, the Australian Law Reform Commission released a discussion paper for its Copyright and the Digital Economy inquiry.
The FTC’s amended definition of ‘creditor’ within the Red Flags Rule is now in effect.
The ongoing ramifications of the LIBOR scandal for global banks suggests that resolution of the problems for banks caused by the scandal have a way to go.
Antitrust Division ends year with highest level of criminal fines ever in 122-year history of Sherman Antitrust Act download
The Antitrust Division obtained more than $1.13bn in criminal fines in fiscal year 2012, the highest in the 122-year history of the Sherman Antitrust Act.
Applications under the Civil Procedure Rules for extensions of time will be scrutinised more rigorously by the court following the amendment to the overriding objective in April 2013.
The Financial Collateral Arrangements (No.2) Regulations introduced a new means for a security holder to enforce its security in respect of financial collateral.
BISL Ltd has given an undertaking relating to the cancellation terms in its insurance policies, after the Financial Services Authority found the terms to be unfair.
King & Wood Mallesons China’s Ariel Ye has been appointed as Committee Member of the Singapore International Commercial Court.
Binding corporate rules for processors were approved for use in January 2013. Guidance on their use has now been published.
DLA Piper has released its Asia: Corporate Newsletter for June 2013.
This case considered when it is appropriate for civil proceedings to be stayed where there is a possibility of criminal prosecution relating to the same subject matter.
The Banking & Finance Litigation Update covers current developments affecting DLA Piper’s area of practice and its clients during the preceding month.
Ogier provides banking and finance advice on all areas of banking regulation.
The Bankruptcy and Debt Advice (Scotland) Bill was introduced in the Scottish Parliament on 11 June 2013.
The court refused Mr Kemsley’s application to restrain Barclays from pursuing the New York Proceedings and the Florida Proceedings.
Banks are appointing receivers rather than taking possession — but this might not always be appropriate download
Since the banking crisis, banks, in enforcing their security, are increasingly appointing Law of Property Act 1925 (LPA) or fixed charge receivers rather than taking possession.
A customer had at times exceeded her overdraft/credit card limit by a modest amount. Her bank thought it was necessary to contact her by telephone to discuss her accounts.
The Charity Commission has announced a statutory inquiry into the Cup Trust but it could be argued that HMRC as much to blame.
A court judgment has found that the Building and Construction Industry Payments Act 2004 (Qld) does not apply to work carried out on land the subject of a mining lease.
The English High Court has ruled in the latest round of a long-running international dispute between Aveda and Dabur over Dabur’s use of the brand UVEDA.
Partner, Cayman Islands
The EC has adopted a set of proposals in an attempt to make it easier for victims of competition law breaches to bring claims for compensation.
Break clause: implied term for M&S download
The High Court has delivered a controversial judgment in the case of Marks and Spencer Plc v BNP Paribas Security Services Trust Company (Jersey) Ltd and Another.
This briefing focuses on Daejan Investments Limited v Benson.
From 1 April 2013 a new system has come into being, allowing local authorities to retain up to 50 per cent of the income they receive from business rates.
Three unrelated legislative initiatives are likely to have a significant impact on the ability to seek collective redress in Belgium in the near future.
This article considers the nature and implications of the BVI’s commitment to FATCA.
In 1993, a system of effectively extending the patent term of protection for pharmaceutical products was introduced by the SPC, Council Regulation (EEC) No 1768/92.
Managing director, China, Shanghai
This briefing focuses on Metall Market OOO v Vitorio Shipping Company Limited (Lehmann Timber)  EWCA Civ 650.
The employer in City and County of Swansea v Gayle was informed that an employee had been seen playing squash at a sports centre on two occasions when he was paid for being at work.
The claimant brought various claims against the council, a previous employer from whom she had TUPE transferred and also against a number of individual colleagues.
Two Cape Town bills were introduced in the Australian Parliament on 29 May 2013.
In the construction industry, it is common for principals to appoint a third-party EPCM contractor to carry out engineering and procurement and to manage construction of major projects.
Cayman Islands Court of Appeal finds jurisdiction to grant freestanding Mareva relief against a non-party download
The Cayman Islands Court of Appeal has jurisdiction to grant freestanding Mareva relief against a non-party.
Chadbourne & Parke has represented Google in a $12m investment in the Jasper Power Project, a 96MW solar photovoltaic plant in South Africa.
Over the last few months, the lawfulness of certain fees charged by Czech retail lenders to their borrowers has been challenged.
As of 6 April 2013, the Companies Act 2006 (Amendment of Part 25) Regulations 2013 have been in force.
Changes to intellectual property law download
The government has announced that it will be introducing an Intellectual Property Bill and the Enterprise and Regulatory Reform Act 2013 has been given Royal Assent.
Changes to Munitions List, Commerce Control List go into effect in October, and more change is in the works — are you ready? download
The US has issued final rules detailing changes to the classification of certain aircraft and gas turbine engines under Categories VIII and XIX, respectively, of the Munitions List.
Bermuda companies listed on appointed stock exchanges are no longer required to file prospectuses in Bermuda.
The Late Payment of Commercial Debts Regulations 2013 came into force on 16 March amending the previous legislation, which had been in place since 1998.
LPA receivers collect rents, together with any VAT payable on those rents, and incur input VAT on costs associated with their appointment, such as development costs.
Chinese court reacts to CIETAC split download
A recent case highlights the difficulties arising from the 2012 split between CIETAC Beijing and its Shanghai and South China sub-commissions.
The CJEU has ruled that brand owners can establish ‘genuine use’ of a registered trademark when that use derives from a different composite trademark.
Claire McConway has relocated from Conyers Dill & Pearman’s Moscow office to its London office.
Collective consultation and the meaning of establishment: hints of a surprising decision from the EAT download
There have been a number of stories circulating during the past week that suggest we face a significant change in the law concerning collective redundancy consultation.
The bans on conflicted remuneration, volume-based shelf space fees and asset-based fees on borrowed amounts commence on 1 July 2013.
The Tribunals, Courts and Enforcement Act 2007 received Royal Assent on 19 July 2007, but may be brought into force later this year.
The Community Infrastructure Levy (CIL) has not always had a certain future, and a succession of reforms has made planning for CIL difficult.
Companies would be well advised to make sure they’re prepared for shareholder activism.
This article briefly discusses some of the noteworthy changes recently made to the Kuwait Companies Law No. 25 of 2012.
Users of open-access supply chains frequently seek to collectively negotiate various arrangements between themselves and with the supply-chain operator.
Compulsory licensing of patents download
The availability of compulsory licences in respect of patents, especially in relation to pharmaceutical patents, has been the subject of considerable attention lately.
Conflicts between domestic disclosure obligations and foreign illegality — a Hong Kong law perspective download
This article explores this issue from the perspective of various disclosure obligations that may arise under Hong Kong law.
The UK IPO has launched its ‘technical review’ consultation on the drafting of three new exceptions to copyright infringement: private copying, parody and quotation.
When interpreting a contract, it’s not just the express terms of the contract that are important. Careful consideration should also be given to implied terms.
As the 2022 FIFA World Cup deadline moves ever closer, the expansion and diversification of Qatar’s construction industry continues apace.
A ‘town hall’ announcement made by the CEO of DK, to the effect that a ‘guaranteed’ minimum bonus pool would be made available to DK employees, was a contractually binding promise.
Conyers Dill & Pearman has advised Central China Real Estate Ltd and its BVI subsidiaries on the issuance of senior notes valued at $400m.
Conyers has advised Concordia with respect to the acquisition of its investment funds business operations by Mariner
Conyers Dill & Pearman has advised Fantasia Holdings Group, and its BVI and Cayman subsidiaries, on the issuance of senior notes by Fantasia Holdings Group.
Conyers advises on Butterfield acquisition.
Conyers Dill & Pearman has advised on the $3.7bn privatisation of Focus Media Holding Ltd by way of merger.
Conyers Dill & Pearman has acted as Cayman counsel on the privatisation of 3SBio Inc.
Conyers has advised the Milestone Aviation Group on a series of debt facilities totalling $400m.
Conyers Dill & Pearman has advised Yahoo Inc in a $7.6bn share repurchase.
Our corporate and commercial teams ensure that our clients have round-the-clock access to our legal providers.
The June 2013 edition of Hogan Lovells’ Corporate Newsletteris now available.
Corporate Tax: Turkey download
Selen Ibrahimoglu Güres and Selman Koç from Cerrahoglu review corporate taxation policy in Turkey,
Court confirms there is a principle of English law that enables a court in very limited circumstances to pierce the corporate veil download
The English Supreme Court has confirmed that there is a principle of English law that enables a court in very limited circumstances to pierce the corporate veil.
The Bratislava Regional Appeal Court has held that after the commencement of arbitral proceedings, general courts in Slovakia no longer have concurrent jurisdiction to order interim measures.
A Court of Appeal judgment illustrates the difficulty faced by an innocent party in deciding whether and when its counterparty’s breach becomes sufficiently serious as to entitle it to terminate the contract and claim damages.
The question of whether a party has entered into a contractual arrangement as principal for itself or as agent for another entity can be pivotal in a contractual claim.
DLA Piper has announced that two of its real-estate executives have been included in CPE’s ‘2013 Most Influential People in Real Estate’ feature.
Recently reported cases demonstrate that the judiciary are more prepared than ever to impose tough sanctions on those who grossly exaggerate their claims.
Doing business in China, companies frequently have to handle various types of crises, including those caused by mass labour disputes with employees.
The California Court of Appeal’s recent decision in Leos v Darden Restaurants continues the trend of courts enforcing arbitration provisions according to their terms.
Welcome to the June edition of Stephenson Harwood’s Data Protection Update, a monthly bulletin on key developments in data protection law.
The Copyright and Rights in Databases Regulations 1997 came into force on 1 January 1998, implementing the EU Database Directive.
DLA Piper has announced the appointment of David Farmer to the pensions team, which forms part of the employment group in London.
The Pensions Regulator has published final versions of its new codes of practice on monitoring money purchase pension contributions and reporting late payments.
Deemed service of a letter of demand download
Where the intended recipient of a letter of demand denies receipt in fact, but it can be shown that its service complied with the relevant loan document, the letter of demand will be treated as served.
Western lawyers assess the ‘Chinese century’.
Are deferred prosecution agreements justified on cost savings alone?
There has been a growing appetite in the UK for increased transparency and accountability in the investigation and prosecution of corporate financial crime for some time.
The claimant was a police community support officer. Her application to become a police constable revealed she had had a conviction 17 years previously that she had not disclosed.
The Supreme Court of Delaware recently held that covenants to negotiate in good faith are enforceable.
Department of Justice's first ever criminal antitrust charge of a corporation for trader-based market manipulation download
The Antitrust Division and the Criminal Division of the Department of Justice have announced a deferred prosecution agreement with RBS for its role in the worldwide conspiracy to manipulate LIBOR.
The Russian courts have allowed a Russian company to terminate unilaterally an interest-rate swap and ‘walk away’ without paying any termination costs.
Shoosmiths’ intellectual property specialists are helping designers whose names have already been registered as a trade mark in China.
The subject related to the keeping of newspaper news in digital archives and to the respective data protection implications has made a comeback following a Court of Cassation ruling.
Director's application for administration refused where other directors considered business was viable download
This was a sole director’s application for administration under paragraph 12 of Schedule B1 to the Insolvency Act 1986.
Addleshaw Goddard has summarised the finalised Regulations surrounding directors’ remuneration reporting reforms.
Ogier is one of the world’s leading providers of offshore dispute resolution services.
DLA Piper has represented Brisbane-based Bothar Boring & Tunnelling in a major investment into Australia’s LNG industry.
DLA Piper has advised BP on the more than $2.4bn sale of its southern California refining and marketing business to Tesoro.
DLA Piper has advised the former owners of German plant and machinery manufacturer Kuhnke on the sale of all shares in Kuhnke to Kendrion.
DLA Piper has advised Fosun International in two separate private equity investments in the medical device and hospitality industries.
DLA Piper advises Lend Lease Project Management and Construction on Bendigo Hospital public-private partnership.
DLA Piper has advised Rolta India Ltd on the first Rule 144A/Regulation S high-yield bond offering from India.
DLA Piper has advised Waterlogic on its entry into the Australian water cooler market through the acquisition of all of the issued share capital of Cool Clear Water.
T Steven Har has joined DLA Piper’s litigation practice as a partner in New York.
DLA Piper has announced two appointments in its Middle East litigation and arbitration team to support an increased level of instructions.
Krista Donahue Drobac has joined the DLA Piper’s government affairs practice and healthcare public policy and regulatory group as a policy adviser.
DLA Piper has obtained a second favourable opinion on behalf of K-Sea, dismissing claims against the independent directors of the oil barge operator.
DLA Piper has been recognised as International Franchise Law Firm of the Year by Who’s Who Legal for the ninth consecutive year.
DLA Piper has represented the Badminton World Federation on its appointment of IMG Media for the global exploitation of all media rights for major events
DLA Piper is set to relocate its Sydney headquarters to Charter Hall’s No 1 Martin Place tower.
CEO Sleepout raises awareness of homeless services.
DLA Piper has won five awards at the Euromoney Legal Media Group’s European Women in Business Law Awards.
DLA Piper has been recognised at The Lawyer Awards 2013 for its role advising Agility Trains on a £4.5bn contract to build and maintain the new Super Express trains.
DLA Piper has won the LawWorks award for the best contribution to pro bono by a law firm.
DLA Piper received two awards at the ninth annual International Tax Review European Tax Awards.
William Campbell, partner and general counsel at DLA Piper, has received a 2013 Presidential Citation from the American Bar Association.
Alternative fee agreements, funding and insurance: why they are risky to ignore.
A recent High Court decision confirms that it is not possible for a breach of contract to be repudiatory in a partnership context, even where the partnership consists of only two partners.
This report, entitled Doing business in Africa, focuses on the challenges and opportunities facing those investing or operating in the world’s second-largest continent.
Dr George Pamboridis was a speaker and discussion panellist at the 2nd Mare Forum Cyprus 2013 — Eastern Mediterranean Oil and Gas.
Draft Consumer Rights Bill announced download
The long-awaited Consumer Rights Bill will be published during this parliament.
Draft Consumer Rights Bill published download
The Draft Bill was published on 12 June 2013 and will represent the biggest overhaul of consumer law for decades.
A new draft of the proposed income tax law has been submitted for review to the Legislation and Opinion Bureau in Jordan.
The UK government has published a draft law containing provisions on private antitrust damages actions and collective redress in antitrust cases.
In the event of a claim from the land developer against the purchaser, the role of Dubai’s Land Department is merely conciliatory to propose suitable solutions for the parties in order to reach an amicable settlement.
In Roche Diagnostics Ltd v Mid Yorkshire Hospitals NHS Trust, an unsuccessful tenderer was entitled to both specific and pre-action disclosure in a public procurement dispute in relation to two related contracts.
In July 2012, the government consulted on proposals for a system of budget management in the Renewable Heat Incentive.
The EAT has held that the words ‘at one establishment’ are to be disregarded for the purposes of collective redundancies involving 20 or more employees.
Before the Equality Act 2010 came into force, legislation and case law made clear that ex-employees were protected from victimisation at the hands of their former employers.
The EAT has upheld an employment tribunal’s decision to make a costs award of around £87,000 against an unrepresented claimant of limited means.
On 6 June 2013, the ECJ shot down an Austrian law that made access to documents on a court’s cartel file almost impossible for third-party damages claimants.
Effective risk management is an integral part of ensuring compliance across many aspects of regulatory law.
In Martin v Devonshires Solicitors, the EAT found that it was not victimisation to dismiss an employee who had raised a number of unfounded grievances against her employer alleging sex discrimination.
Bundle of Familiar Authorities for Employment Appeal Tribunals.
Contractors are facing some tough employment issues, including job losses, furloughs and salary reductions.
Hogan Lovells has released the latest edition of Employment News, its weekly newsletter focusing on UK employment matters.
From 29 July 2013, all new employment claims (and appeals to the Employment Appeal Tribunal) will require a fee to be paid by the claimant or appellant.
The deadline for the annual reporting requirements in respect of employment-related securities acquired by UK resident employees is fast approaching.
Enforceability of English arbitration agreements and a cautionary tale on safe registration in China download
Decision in the case Beijing Jianlong Heavy Industry Group v Golden Ocean Group Ltd and others  EWHC 1063 (Comm).
The historical and well-publicised problems with enforcement in the UAE have, in light of some recent developments, progressively begun to recede.
The English High Court in Beijing Jianlong Heavy Industry Group v Golden Ocean Group Ltd & Ors recently addressed the issue of the separability of arbitration agreements.
On 10 June 2013, BIS published an ‘indicative timetable’ for implementation of the provisions of the Enterprise and Regulatory Reform Act 2013.
A new version of the Equator Principles came into effect on 4 June 2013. EPIII imposes new requirements on financial institutions and export credit agencies.
It has been anticipated that the EC will look to impose a substantial duty on all Chinese solar products imported into the EU.
The European parliament and council has approved a new proposed regulation for managers of European venture capital funds.
Fan fiction comes of age on Kindle download
Amazon’s recently announced ‘Kindle Worlds’ fan-fiction platform is capitalising on a well-established genre.
The CSSF issues FAQs on draft law on alternative investment fund managers.
FCA bans the promotion of unregulated collective investment schemes and close substitutes to ‘ordinary’ retail investors download
Effective from 1 January 2014, the FCA will ban the promotion of unregulated collective investment schemes and equivalent pooled vehicles to retail investors.
The FDA has released draft guidance aimed at helping companies design studies that are more likely to support successful marketing applications in future.
Form 42 — are you ready? download
Now that the tax year 2012/2013 has ended, companies must ensure they fulfill their reporting requirements by completing a Form 42 in respect of any share transactions involving employees that have taken place during the tax year.
Companies offering UK-based employees rights in the company’s stock should be aware that these employees may have reporting obligations to the UK tax authorities.
Fortune Plum: Commercial Court confirms owners’ affirmation of charterparty does not prevent later acceptance of continuing renunciatory breach download
Case highlights the difficulties faced by a ship owner in deciding whether his charterer has evinced an intention not to perform the charterparty.
One major difference between arbitration and litigation is that parties to an arbitration participate in the selection of the tribunal.
A company has restarted use of a device that had been used by another company that had closed its operations more than 40 years earlier.
Fraudulent bills of lading download
The ‘bill of lading’ is a formal document that serves as a receipt for cargo being transported by a sea carrier.
French entities engaged in proceedings before the English court were required to comply with an order for specific disclosure despite the risk of prosecution under French law for doing so.
This article provides a short refresher on contract execution by companies.
The Department for Communities and Local Government has consulted on proposals to give more statutory force to the Local Authority Publicity Code.
The General Assembly has issued a decision on whether enforcing an unreasoned foreign court judgment in Turkey constitutes a breach of Turkish public policy.
The General Court has upheld a decision that there is a likelihood of confusion between the applicant’s ‘Caffè KIMBO’ mark and the earlier well-known unregistered Spanish ‘BIMBO’ word mark.
The General Court has upheld the Board of Appeal decision that there is a likelihood of confusion between the applicant’s figurative ‘Snickers’ mark and the earlier Italian word mark ‘KICKERS’.
German Federal Supreme Court rules on mis-selling claim against direct bank providing execution-only services download
The German Federal Supreme Court has clarified the circumstances in which an investor may have a mis-selling claim against a ‘direct bank’.
Germany: Mutual Assistance Directive — Implementation Act consent by Conciliation Committee abolition of so-called RETT blocker for real-estate transfer tax download
The Conciliation Committee has proposed a wide-ranging compromise pertaining to the Act on implementing the Mutual Assistance Directive and the amendment of tax provisions.
This document — part of DLA Piper’s Getting the deal through publication — provides information on mergers and acquisitions in Ukraine.
A tenant has succeeded in obtaining reimbursement of overpaid rent relating to the period after the break date.
Goodman Derrick has acted for Chime Communications on its acquisition of People Marketing UK and WARL Group.
Google’s ‘auto-complete’ facility has been subject to worldwide criticism over the last few years and most recently has found itself the subject of scrutiny in Germany’s federal court.
The government has launched its new code of conduct on how public and private bodies will work together to make savings on operational public infrastructure projects.
'Greek Yogurt' trademark decision download
The claimants in this case were Greek yogurt manufacturer FAGE and its UK distributor. FAGE had been making Greek yogurt in Greece and selling it in the UK for 30 years.
The notion of the state sharing production of oil and gas with companies as part of a commercial enterprise was first developed in Bolivia in the 1950s.
The Supreme Court’s ‘third way’ in Petrodel v Prest could throw up more problems and more opportunities for litigation than it solves.
Managing director, Tokyo
Health Alert — 17 June 2013 download
DLA Piper has released its Health Alert dated 17 June 2013.
Health Alert — 24 June 2013 download
The 24 June 2013 issue of DLA Piper’s Health Alert publication is available now.
Health Alert — 3 June 2013 download
DLA Piper has released the 3 June 2013 issue of its Health Alert publication. It focuses on judgments, legislation and reports in the health sector.
The HSE has launched new online guidance on ‘health surveillance’ to make it easier for employers to understand their obligations.
A recent month-long HSE initiative found that almost one in five construction sites visited failed safety checks.
Mills & Reeve has released the June 2013 edition of Health Legal Update.
The UK Information Commissioner’s Office (ICO) has imposed a fine of £100,000 on Stockport PCT for a serious breach of the Data Protection Act 1998.
Ince recently represented cargo interests in English High Court proceedings in which ship owners sought to constitute a tonnage limitation fund.
The first half of 2013 has seen private equity sponsors and corporate borrowers continue to look to the corporate bond and debt capital markets.
In Hong Kong, Article 34 of the UNCITRAL Model Law on International Commercial Arbitration provides the only redress available to a losing party in an international arbitration.
Hogan Lovells has added three partners to its litigation and arbitration practice.
Hogan Lovells and Herbert Smith Freehills have advised on the formation of a £320m joint venture to develop two blocks in St James’s, London.
Hogan Lovells has advised Hermes Real Estate Investment Management Ltd on a £337m ownership swap with M&G Real Estate.
Hogan Lovells has advised ID Logistics on its acquisition of CEPL.
Hogan Lovells has advised Isodev, a new quasi-equity player in France, on the negotiation of a guarantee for participating loans (prêts participatifs) in France.
Hogan Lovells has advised the mandated lead arrangers on the acquisition of The Gym.
Hogan Lovells has advised Henderson Group on the creation of a global real-estate investment management company with the TIAA-CREF.
Hogan Lovells has advised Powerhouse France, an investment vehicle organised and managed by TwentyTwo Real Estate, on the acquisition of Financière SELEC.
Hogan Lovells advises UBS and Standard Chartered Bank.
Hogan Lovells has advised Valneva on a €40m capital increase.
Hogan Lovells’ Global Client Forum has held its second Global Women’s Executive Summit.
Hogan Lovells has announced that tax disputes partner Rupert Shiers is to join its London tax team on 24 June.
Hogan Lovells recognised by WILEF.
Hogan Lovells advises in tax case.
On 25 June, three key changes come into force in the UK in relation to whistleblowing claims.
Hogan Lovells has won four categories at the Euromoney European Women in Business Law Awards 2013.
The NSW Court of Appeal has held that a development consent for the construction and operation of ‘workforce accommodation facility’ was invalid.
On 12 June the final version of the HKIAC rules was published.
As part of a review of the allegations of sexual abuse by Jimmy Savile, the barrister tasked with considering themes arising from those investigations has invited comment from NHS staff about four issues.
How much is too much? A call for global principles to guide to the punishment of international cartels
Few issues engender as much debate in antitrust circles as the concern of overlapping punishment of cartel offenders in international cartel cases.
The digital revolution has radically changed commerce, industry and government.
The Court of Appeals has overruled an arbitration objection that stipulates that two Turkish companies should execute agreements in Turkey in Turkish.
A ruling ordering Westminster City Council to repay more than £1m in fees collected from sex shops in the borough may have major implications for licensing authorities across the country.
Many employees, volunteers and other workers are subject to a criminal records check. This alert summarises two important developments that employers should know about.
On 18 February 2013, the Cayman Islands Court of Appeal released its judgment in Re FIA Leveraged Fund.
The International Trade Commission (ITC) opened its doors to non-practicing entities (NPEs) with its decision in Coaxial Cable.
Ince & Co has advised Gunvor Singapore Pte Ltd on its $850m syndicated revolving credit facility.
Ince & Co is celebrating the 20th anniversary of the opening of its Piraeus office.
Ince & Co partner Albert Levy has been re-elected to serve as committee chairman of Superyacht UK (SYUK) for the forthcoming year.
Employers should review their dismissal procedures and guarantee of annual earnings arrangements following the annual increase to the Fair Work Act’s high-income threshold.
From June 2013 there will be increased compliance obligations for wind farms and other renewables generators.
In RVB Investments Ltd v Bibby  EWHC 65 (Ch), a landlord (RVB) issued proceedings against the surety (Bibby) of an insolvent tenant.
Non-sensitive personal data must be processed in a way that complies with the eight data protection principles. There are additional requirements if the data is of a sensitive personal nature.
DLA Piper has released issue 18 of Intellectual Property and Technology News.
The May 2013 issue of Walker Morris’s Intellectual Property Matters publication is available now.
The May 2013 issue of DLA Piper’s International Tax News publication is available now.
Over the past four years, China has strongly intensified its efforts to promote the internationalisation of the RMB (CNY).
Material Adverse Change clauses are common in credit agreements, but are rarely interpreted by the courts.
Local government pension schemes need to be mindful of the legal framework governing what and how they can invest.
Ogier’s investment funds team provides offshore legal advice on fund formation, structuring, regulation and advice to investment funds and managers.
Under UAE law, bank guarantees are considered a commercial activity regardless of the capacity of the person to whom the bank guarantee is issued or the purpose for which it is issued.
Charities are already required to pay all manner of fees to other regulators. Why shouldn’t they pay a fee to their own?
Italian tax authorities challenge the adequacy of the Italian permanent establishments of foreign banks free capital download
Italian tax authorities have stated that the amount of the free capital assigned to the PE should be ‘appropriate’ under the arm’s-length principle…
The Italian government provisionally approved certain minimal amendments to the rules governing the concordato preventivo proceedings.
DLA Piper examines the outcomes of infringement disputes in federal district court compared with the International Trade Commission.
DLA Piper has appointed Joseph Guarino as a partner in the firm’s employment and litigation practice.
Mr Justice Teare recently handed down his decision in Bank of Scotland Plc v The Owners of the M/V Union Gold.
At a recent conference, Josip Marohnic and Danijel Pribanic, Croatian attorneys in association with Karanovic & Nikolic, spoke about the legal implications of Croatia’s accession to the EU.
Karanovic & Nikolic has named Sanja Spasenovic as the new head of its pro bono practice group.
Stevan Dimitrijevic, partner at Karanovic & Nikolic has participated as a speaker at the third Southeast Europe PPP Infrastructure Forum.
Aleksandra Raach, a Croatian attorney in co-operation with Karanovic & Nikolic, has spoken at a recent waste management conference.
Karanovic & Nikolic recently held an interactive workshop discussing the impending changes to the competition law in Serbia.
Keeping property within company structures fails to protect husband from divorced wife's claims download
The Supreme Court has ruled that a wife could recover real-estate assets that were held by companies controlled by her former husband, rather than in his name.
Global managing partner
King & Wood Mallesons has acted on the A$5.07bn privatisation of two of Australia’s biggest ports.
King & Wood Mallesons has appointed corporate partner Tim Bednall as managing partner.
Ariel Ye, head of King & Wood Mallesons China’s international dispute resolution practice, has been appointed as board member of the London Court of International Arbitration (LCIA).
King & Wood Mallesons has promoted four lawyers in Sydney and Perth.
King & Wood Mallesons named Law Firm of the Year at the Australian Banking and Finance magazine awards
King & Wood Mallesons has been named Law Firm of the Year at the ABF awards.
King & Wood Mallesons partner Zhang Yi received an award at the 16th Shanghai Top Ten Outstanding Youth awards ceremony on 27 May 2013.
King & Wood Mallesons has ranked first in the law industry category in the China Top Ideal Employers 2013 list.
King & Wood Mallesons has acted on ASX Ltd’s approximately $553m PAITREO.
King & Wood Mallesons has been named CSR Firm of the Year for the fifth consecutive year at the 2013 ALB awards.
This article sheds light on three different types of arbitration agreement.
Landlords with empty premises are exploiting a tax break intended for charities to avoid paying business rates.
The CJEU has issued a judgment on the rights of potential claimants for antitrust damages to access cartel leniency documents that are held on the file of an antitrust authority.
The Securities and Exchange Commission (SEC) has issued its second-ever whistleblower award. The award went to three anonymous individuals, each of whom will receive five per cent of the monetary sanctions ultimately collected in a case against hedge-fund manager Locust Offshore Management and its chief executive officer, Andrey Hicks, who allegedly defrauded investors of $2.7m (£1.7m), and who have been ordered to pay $7.5m in disgorgement and penalties.
Law decree n. 179 dated 18 October 2012: recent clarifications given by the tax authorities download
In a recent position (n. 12/E dated 3 May 2013) tax authorities dealt again with the amendments made by Law Decree n. 179/2012 with reference to the international transports taxation.
In a recent position tax authorities dealt again with the amendments made by law decree n. 179/2012 with reference to the international transports taxation.
In the case of Baroque Investments Limited v Heis and Bewick (2012), two disputes arose after the parties agreed the surrender of a lease.
The trustees of the NSPCC’s defined benefit scheme have secured the pensions of the scheme’s existing pensioners.
Legacies are a vital, albeit somewhat unpredictable, source of income for many charities. The amount charities receive from legacies in the UK is approaching £2bn per year.
Hogan Lovells’ M&A practice has been awarded a Tier-1 ranking for M&A: large deals ($1bn-5bn) by Legal 500.
Hogan Lovells has been recommended by the Legal 500 US 2013 edition in 35 practice areas, including seven rankings in the Tier-1 category.
This briefing contains a round-up of the hot topics in the funds and real-estate sectors, including Nabarro’s practical comments for each.
The retail landscape of the UAE is rapidly changing. We now live in a world where we can shop for goods and services from the comfort of our own homes.
Legal Notebook: Hunt & Hunt Lawyers v Michell Morgan Nominees Pty Ltd (ACN 108 571 222) — High Court appeal download
A recent judgment provided some support for the proposition that, in certain circumstances, specific individuals in a lending transaction may not be concurrent wrongdoers.
On 22 April 2013, the SPC released its annual press release regarding the judicial protection of intellectual property and model cases of 2012.
Currently, letting and managing agents only sign up to the complaints scheme operated by the Property Ombudsman voluntarily.
Liability of buyer of loan to account to seller for any part of payment premium paid by borrower that is attributable to period before completion of sale download
This case is therefore a salutary reminder to transferors of loans to assess the loan’s full value before sale.
Libya — trademarks update download
The Libya Herald reported on 16 April 2013 that ‘the IMF confirmed its forecasts on Libya of 20.2 per cent GDP growth in real terms for 2013’.
A liquidator may not assign the conduct of such an appeal to the company’s former directors.
It’s official. Third-party litigation funding will not infringe the laws against champerty and maintenance and will not be contrary to the Code of 1771.
The rising disparity in property prices between the north and the south and between London boroughs themselves appears to breaking new ground.
The Court of Appeal has construed a loss of profit exclusion clause against its apparent plain English meaning so as to allow a claim.
Luxembourg newsflash — CSSF publishes guidance on the implementation of AIFMD in Luxembourg download
On 18 June 2013 the CSSF published guidance on the implementation of the AIFMD in Luxembourg.
An EPC is a contractual and funding mechanism that provides energy efficiency retrofit to a building to improve its energy performance while minimising risk to the building’s owner.
ASIC has finalised its amended regulatory guidance on the content requirements for registered managed investment schemes.
Managing your social media accounts download
Imagine you have a small business that is planning a major event at a sports venue and needs to utilise a variety of social media channels to publicise the event.
A recently introduced bill introduced adds mandatory data breach notification to the many requirements that organisations will need to address before changes to the Privacy Act 1988 take effect in 2014.
Addleshaw Goddard’s Mark Haywood is to combine his client and advisory responsibilities with leadership of the firm’s real-estate division.
This month, Taylor Wessing’s Download site focuses on a converging media landscape and the challenges of regulating that landscape.
Milan’s World Expo 2015 and the law download
The Milan World Expo’s theme of ‘feed the planet, energy for life’ is a golden opportunity to look at how food and agriculture should be regulated in the 21st century.
Karanovic & Nikolic has named Milena Jakšic Papac as the new head of its employment practice group.
Mills & Reeve acquires nine-strong defendant insurance team from DLA Piper.
Mills & Reeve has made the shortlist for the Best Contribution by a Regional Law Firm award. In addition, two of the law firm’s trainee solicitors, Jennifer Dalby and Rebecca Green, have been jointly shortlisted for the Junior Lawyers Division Pro Bono award.
Mills & Reeve has announced that its merger with Manchester firm George Davies has completed.
Mills & Reeve trainees win at LawWorks Awards.
Start your compliance journey — there is light at the end of the tunnel.
Money back — guaranteed? download
High Court decision in Marks and Spencer plc v (1) BNP Paribas Securities Services Trust Company (Jersey) Ltd (2) BNP Paribas Securities Services Trust Company Ltd.
On 31 May 2013, the parliament of Mongolia approved a revised version of the Law of Mongolia on Combatting Money Laundering and Terrorism Financing.
Significant opportunities exist for developers and financiers looking to participate in the modernisation of Mongolia’s energy sector.
Monitor recently launched a public consultation on its proposed guidance in relation to the controversial NHS (Procurement, Patient Choice and Competition) (No.2) Regulations 2013.
Mortgage enforcement proceedings in Spain in the aftermath of the European Court of Justice 9ECJ 'judgment of the evicted' download
The ECJ judgment of 14 March 2013 ruled that certain provisions of Spanish law do not comply with the Unfair Terms in Consumer Contracts Directive 93/13/EC.
Mourant Ozannes has advised O3b on the launch of a satellite network that will bring fibre-quality broadband communications to three billion ‘disconnected’ people.
Hayden Isbister joins Mourant Ozannes as a partner in the law firm’s Cayman Islands corporate practice.
Mourant Ozannes has appointed Keith Pearse to the position of operations director.
Mourant Ozannes has been voted Best Offshore Law Firm at the Hedgeweek USA Awards 2013.
Earlier this week, the EAT reportedly reached a decision that turns on its head the law on employers’ collective information and consultation duties.
Nabarro has advised client Hermes Real Estate on its investment in a major £90m mixed-use development in Bromley South Central.
Nabarro is advising existing client Numis Securities on a £25.5m placing to raise additional capital for AIM-traded Retroscreen Virology.
Nabarro’s pensions team has announced the publication of the 11th edition of its Pensions Law Handbook.
Significant narrative reporting requirements have been introduced in the draft of the 2006 (Strategic Report and Directors’ Report) Regulations 2013.
Hogan Lovells has announced that it has been named in the National Law Journal’s 2013 Appellate Hot List.
DLA Piper and NCTM are legal advisers in the acquisition of Inver Group, from the Domenichini family, by the Valspar Corporation, a manufacturer of paints and coatings.
NCTM has advised Arcadia Small Cap in the acquisition of an 80 per cent stake in VSP Bulloneria.
NCTM Studio Legale Associato has assisted Tekfor during its acquisition by Amtek.
The government is on a mission — to keep parties out of the employment tribunal system.
Net contribution clauses are coming under the spotlight.
New Belgian Royal Decree exempts banking and investment services from general performance conditions for public procurement contracts download
The New Belgian Royal Decree exempts banking and investment services from general performance conditions for public procurement contracts.
New case law on contractual estoppel download
The recent wave of complaints by counterparties to interest rate derivatives is creating new case law on contractual estoppel.
The government has published a further consultation on how mandatory equal-pay audits will operate and the related publication requirements.
New developments in oil and gas download
From 2014 some areas selected for the annual Acreage Release will be considered through a competitive cash bidding process.
Large extractive industries and primary forest logging companies registered in the European Economic Area will soon have to disclose payments made to government entities anywhere in the world.
The second edition of the Commonwealth Grant Guidelines came into effect on 1 June 2013.
In late 2011, the government asked Mr Justice Underhill to conduct a wholesale review of the rules governing employment tribunal procedure.
Last year, Mr Justice Underhill published his review of the Employment Tribunal Rules of Procedure, producing a shorter and simpler set of rules.
Users of the Employment Tribunals will have to get to grips with a new set of procedural rules. The new rules are introduced from 29 July 2013.
A new fee regime will take effect for employment claims brought on or after 29 July 2013.
The most radical change to the law relating to workplace pensions in a generation is coming into force between October 2012 and April 2017.
The new Enterprise and Regulatory Reform Act renames compromise agreements ‘settlement agreements’.
HMRC is consulting on a new form of tax protection: Individual Protection 2014 (IP14).
The Netherlands and China signed a new Tax Treaty for the Avoidance of Double Taxation and Prevention of Fiscal Evasion on 31 May.
An employer must comply with its duty to inform and, if relevant, consult if it is likely a TUPE transfer will take place to avoid claims for a protective award.
The Court of Appeal found that the payments by the bungalow owners had a real relation to the rights granted in the bungalow owners’ favour, which they continued to exercise.
Novartis has been awarded an interim injunction against Hospira to prevent sales of generic zoledronic acid in the UK despite Novartis’s patents having been declared invalid by the English High Court.
President Obama has announced a new initiative aimed at curbing patent infringement suits by ‘patent trolls’ who generate revenue through extortionate litigation.
Offshore Case Digest — Issue 4 download
The Offshore Case Digest is intended to give the reader a high-level summary of the major commercial cases decided in Bermuda, the British Virgin Islands and the Cayman Islands in the first quarter of 2013.
Ofgem has set out its plans to create effective competition within the electricity wholesale market.
OFT report on personalised pricing download
The Office of Fair Trading has found no evidence to suggest customer data is used to offer higher prices to individuals but warns that transparency and choice are key.
Ogier has advised Cinven and Partnership Assurance on Partnership’s listing on the London Stock Exchange.
Ogier has advised Sinarmas Land Ltd on a £84m real-estate transaction.
Ogier Corporate Services has won the ICSA Jersey Administration Team of the Year award.
This article describes some key points about the Realisation Procedure.
Memery Crystal LLP is at the forefront of taking action to tackle false, malicious and often defamatory statements made online about listed companies and their directors.
The government has released a response to its ‘Onshore wind: call for evidence’, which was published in September 2012.
PRC insurance companies are being encouraged to invest offshore in a number of countries, including Australia.
OTC barristers Richard Hitchcock and Farhaz Khan have acted for Garvin Trustees, the trustee of the Desmond & Sons 1975 Pension and Life Assurance Scheme.
Outer Temple Chambers’ employment team has received the Employment Team of the Year prize at The Lawyer Awards 2013.
Outer Temple Chambers (OTC) took part in the ninth London Legal Walk on 20 May 2013.
OTC barrister Tom Gibson recently appeared in the Court of Appeal in Duffy v George, on appeal from the Employment Appeal Tribunal.
A new law entitles the employee to have a meeting with the employer at the end of parental leave and an extension of the non-remunerated parental leave.
The Netherlands Supreme Court has ruled that the partitioning doctrine is inapplicable in case of a change in law.
The Employment Tribunal has concluded that a mandatory retirement age of 65 for the partners at a law firm was justified.
Path towards a more streamlined merger control system: MOFCOM publishes draft rules on merger remedies download
MOFCOM has published draft rules on merger remedies.
This issue of snapSHot summarises some of the key legal and regulatory developments that occurred during May in relation to occupational pension schemes.
Pensions Update — June 2013 download
The June 2013 issue of Nabarro’s Pension Update publication is available now.
Managing Partner, Luxembourg office
A recent Dutch Supreme Court decision gave an important ruling about the interpretation of commercial contracts that potentially reduces commercial certainty.
Important changes are being made to the procedure for bringing judicial review proceedings in planning cases which came into force on 1 July.
Partner, Hong Kong
Employment litigation has not been immune from the effects of the Jackson reforms nor from those designed to reduce the financial burden on the public purse.
In Imam-Sadeque v Bluebay Asset Management (Services) Ltd , the High Court considered whether an employee had acted in repudiatory breach of his employment contract and a compromise agreement.
The European Commission has published its much-awaited proposals on private damages actions.
Ogier’s specialist team of lawyers caters specifically for the needs of trustees, fiduciaries, settlors, beneficiaries and family offices.
Taylor Wessing has introduced the latest issue of Private Equity Perspectives, a quarterly update focusing on the latest trends, news and legal issues facing the private-equity industry.
Privilege overview download
Privilege can protect confidential communications between lawyers and clients where the purpose of the communication is to seek/obtain legal advice
Project Finance Newswire — June 2013 download
The June 2013 edition of Chadbourne & Parke’s Project Finance Newswire is available now.
The Enterprise and Regulatory Reform Act 2013 includes a number of measures to encourage employers and employees to settle disputes at an early stage.
Saudi Arabia is currently going through major legislative and regulatory reforms. One of the most significant is the new Enforcement Law.
Nabarro has released issue 94 of its QuarterDay publication.
R&D capital allowances download
R&D capital allowances (formerly scientific research allowances) are available for qualifying capital expenditure incurred for research and development.
The ban on R22 refrigerant will have a major effect on air-conditioning costs for landlords and tenants alike.
The Court of Appeal has found that a receiver appointed under the Criminal Justice Act 1988, but discharged in 2006, was still entitled to be recover sums from the receivership assets.
Recent case law only highlights the subjective nature of what constitutes breach of contract download
Recent case law has confirmed the level of difficulty encountered when attempting to persuade the courts to intervene at an early stage in trust disciplinary proceedings.
If your business has been disrupted by a problem that later leads to litigation, you may be able to recover the cost of time spent by staff in remedying the problem.
DLA Piper looks at the issue of redundancy and reductions in force and the current legal position of several countries within the Asia-Pacific region.
Corruption has a detrimental effect on any economy. It creates unfair advantages, anti-competitive practices and a generally unfavorable business environment.
The European Commission has just published a consultation entitled ‘Towards more effective EU merger control’.
The opening up of China’s telecommunications industry has failed to match the expectations of foreign investors going into WTO.
The California Court of Appeal has signalled that employers should be careful when utilising alternative wage schemes for work done by employees.
Taylor Wessing has released the May 2013 edition of its Restructuring and Corporate Recovery Update.
The European Commission has launched a much-anticipated consultation on the future of Europe’s legally binding waste and recycling targets.
Revised MARPOL Annex V: an update download
At the 65th session of the MEPC, one of the items on the agenda was the revised MARPOL Annex V, which came into force on 1 January this year.
Partner, Cayman Islands
Royal Court authorises a 'pre-packaged' sale pursuant to Article 155 of the Companies (Jersey) Law 1991 download
The Royal Court has, for the first time, authorised liquidators to enter into a ‘pre-packaged’ sale under Article 155 of the Companies (Jersey) Law 1991.
The coroner made several recommendations to the local authority in respect of the Regulatory Reform (Fire Safety) Order 2005.
An increasing number of clients are receiving solicitations encouraging them to submit payment for trademark services.
A bill allowing the Scottish government to set and collect stamp duty from the sale of properties has been approved by MSPs.
After 35 days of hearing, the Queensland Planning and Environment Court has delivered its most significant climate change adaptation decision yet.
The media has been shining a spotlight on SEC insider trading cases, but in recent years the SEC has brought nearly three times as many cases against investment advisers.
The SEC has published answers by its staff to a dozen frequently asked questions relating to its rule requiring reporting companies under the Exchange Act to provide annual disclosures regarding conflict minerals.
Second Circuit confirms excess insurance is triggered only upon actual payment of all underlying limits download
Federal Insurance Company has achieved an important victory in a long-standing insurance coverage litigation concerning the proper trigger of excess directors and officers insurance.
A recent Supreme Court decision highlights the very real problems facing businesses seeking to protect their know-how in the marketplace.
A City employee has recently succeeded in a victimisation claim following dismissal by her employer, Commerzbank AG, for bringing a sex discrimination claim against her previous employer DB.
NCTM has released its Shipping and Transport Bulletin for June–July 2013.
Shoosmiths has advised Hitachi Rail Europe on real estate, planning and construction matters related to an £82m train assembly plant.
Corporate specialists at Shoosmiths have advised Learndirect on two linked acquisitions of training businesses.
Michael Briggs has been appointed as an associate to Shoosmiths’ Nottingham-based employment team.
Real-estate and planning specialists at Shoosmiths have helped McKay Securities secure a prime development site in Redhill, Surrey.
Real-estate specialists at Shoosmiths have helped Regus, a provider of flexible workspaces, to expand its offering to workers on the move.
A team from Shoosmiths has won the Legal Advisers of the Year – Transactional category at the Healthinvestor Awards 2013.
Shoosmiths’ Shaun McCabe has acted as part of a team of experts advising on NorthEdge Capital’s acquisition of a majority stake in Jigsaw24.
Aldermore is being provided with legal support by Shoosmiths, as it continues to participate in the government-backed Funding for Lending scheme.
In 2012, the Audit Commission reported that social-housing fraud accounts for the largest losses, arising from fraud, in local government.
The SIAC has introduced significant changes to its rules, reflecting a major organisational and governance change with the launch of the new SIAC Court of Arbitration.
Customer due diligence is a high priority for both global and national regulators.
If a claimant has been compelled to issue proceedings because a defendant has failed to respond to pre-action correspondence, the courts may order the defendant to pay the claimant’s costs.
Single environmental authorisation: administrative simplifications for small and medium-sized enterprises download
Italian Presidential Decree no. 52 introduces into Italian law a series of administrative simplifications regarding the environment aimed at small and medium-sized enterprises.
Social investment is any investment in a charity that provides the investor with a financial as well as a social return.
A recent survey of sales and marketing executives at large pharmaceutical companies shows that one in four interactions with doctors, healthcare providers and patients in the US is now digital.
DLA Piper has released the June 2013 edition of Sports, Media and Entertainment Intelligence.
In Ansa Logistics Ltd v Towerbeg Ltd  EWHC 3651, the landlord had acted unreasonably in withholding consent to sublet.
The High Court has held that a party to litigation is permitted to substitute their expert witness for another where the opposing party does not suffer delay, additional expense or prejudice as a result.
News Group launched a Sunday edition of its Monday–Saturday tabloid The Sun in February 2012, under a new masthead.
Supreme Court Corner — Q2 2013 download
DLA Piper has released its quarter two (Q2) 2013 edition of Supreme Court Corner.
The Supreme Court has held that courts must enforce class arbitration waivers even where a plaintiff shows that it is economically infeasible to arbitrate individually.
The Supreme Court has held that a court may not overturn an arbitrator’s construction of an agreement to permit class arbitration — even if it is erroneous.
Supreme Court in Actavis: analyse reverse-payment settlements' anticompetitive effects case by case download
The Supreme Court in FTC v Actavis held 5-3 that reverse-payment settlements of Hatch-Waxman Act litigation must be analysed under the rule-of-reason standard on a case-by-case basis.
The Supreme Court has issued its decision in FTC v Actavis on the antitrust analysis of reverse-payment settlements of Hatch-Waxman Act litigation.
On 17 June, the Supreme Court finally weighed in on the issue of pharmaceutical patent settlement agreements involving so-called ‘reverse payments’.
The Supreme Court has held that the burden of proving withdrawal from a criminal conspiracy rests with the defendant, even when the defendant’s withdrawal occurs outside of the statute of limitations period.
The US Supreme Court ruled in Federal Trade Commission v Actavis that antitrust challenges to pay-for-delay agreements between drug makers should be analysed under the ‘rule of reason’.
It is estimated that fraudulent activity is costing the UK economy £73bn annually.
Tax newsletter: June 2013 — Serbia download
Serbia’s Ministry of Finance and Economy continues its intensive work on amendments to the tax laws.
In a recent case involving the efficacy of a tax scheme, the First-tier Tribunal found a series of unregistered trademark assignments were ineffective.
Taxing multinationals, and the public accounts committee: is there a place for common sense? download
Many commentators remain uncomfortable that US multinationals with significant UK operations can legitimately claim not to be taxable in the UK.
Taylor Wessing has advised Electra Partners on the acquisition of mixing console manufacturer Allen & Heath from D&M Holdings.
Taylor Wessing Middle East has advised Mediaquest on its acquisition of the AME Info and SME Info websites from AME Info FZ-LLC.
Taylor Wessing has been named Law Firm of the Year at The Lawyer Awards 2013.
DLA Piper has released the May 2013 edition of Technology and Sourcing News.
The current regulation block-exempting certain categories of technology licensing agreements from the competition rules on anti-competitive agreements is due to expire on 30 April 2014.
The Law Commission has published a report recommending a new electronic communications code.
All websites must obtain user consent for the use of all cookies, as well as providing clear and comprehensive information about the cookies used.
What multinationals should know about the Cyprus crisis and its international tax regime.
The European Commission has published a proposed directive on rules governing private damages actions in the EU.
An editorial in The Wall Street Journal has strongly blasted CFTC chairman Gary Gensler for attempting to regulate even foreign transactions that involve a US person.
SEC chairman Mary Jo White has informed the SEC’s Enforcement Division staff that the SEC will begin requiring defendants to admit guilt in order to settle some civil lawsuits.
The High Court has held that a guarantor to a lease was discharged from its obligations when the landlord and tenant agreed a licence for alterations without joining the guarantor as a party or seeking its consent.
The Grocery Code Adjudicator Act 2013 came into force on 25 June 2013, formally establishing the role of the Grocery Code Adjudicator.
The need for transparency in terms of a charity’s activities and finances has always been crucial to ensure public accountability.
Brands can be a very powerful and important asset for any organisation.
Claire Leonelli from MOLITOR Avocats à la Cour takes an in-depth look into intellectual property in Luxembourg.
The Italian Competition Authority has again ordered the shutdown of two websites that cloned the original Ray-Ban website and offered counterfeited sunglasses.
The Advertising and Marketing Communication Self-Regulation Authority has taken position on the interpretation of section 28 ter of the Self Regulation CMC relating to gaming and gambling advertisements.
Walker Morris’s legislation tracker sets out employment law changes in chronological order.
The Lawyer Asia Pacific 150 is the first research report of its kind, singling out the 50 largest global firms in the Asia Pacific and the 100 top independent firms headquartered there.
In March this year, The Lawyer, in association with Thomson Reuters Serengeti, surveyed more than 1,000 general counsel and senior lawyers working in business about the seismic changes that are affecting the legal sector.
Gain exclusive access to profiles of 30 in-house legal teams working within private equity. The Lawyer In-house Private Equity Report 2013 is essential reading for those wishing to enhance their understanding of the private equity sector.
Hogan Lovells has been named Litigation Team of the Year at The Lawyer Awards 2013.
The National Law Journal selects Hogan Lovells as a finalist in its Washington Litigation Departments of the Year report
Hogan Lovells has been selected as a Litigation Department of the Year finalist by The National Law Journal.
The expansion of the list of available gTLDs is a hot topic within the legal and branding communities.
The Constitutional Council has rendered its decision concerning the new law on the protection of employment in France.
The existing technology transfer block exemption is to expire on 30 April 2014. It will be replaced by a new regulation, the period of consultation for which ended on 17 May 2013.
The prior registration of a domain name does not prevent the registration of a posterior community trademark download
The EU General Court has confirmed OHIM’s decision to reject two oppositions against a trademark application, both of which were based on the prior registration and alleged use of the same word as a domain name.
The removal of strict liability and civil liability arising from breaches of health and safety regulations download
Erin Shoesmith from Addleshaw Goddard reports on the removal of strict liability and civil liability arising from breaches of health and safety regulations.
The Tax Tribunal has concluded that the transaction between the Royal College of Paediatricians and Child Health and Coleridge was a TOGC.
USDAW and its lawyers published two press releases announcing that they had won a landmark legal case at the Employment Appeal Tribunal.
The English Court of Appeal has determined the extent to which third parties to a contract will be subject to an arbitration clause in that contract.
Top tips for drafting download
Morven McMillan, partner at Mourant Ozannes, offers his top tips for drafting.
As Australia’s most recent economic boom slows down, there has been an increased prevalence of major disputes.
The Charity Commission has produced draft regulations on total return investment and is now consulting on their contents.
The Office of National Statistics has recently released its annual review of trade union membership in the UK.
On 2 May 2013, the Court of Milan fully dismissed the infringement and unfair competition claims brought by Gucci against Guess.
The EU General Court has dismissed a trademark appeal brought by an Italian high-quality wine producer.
Transparency requirements under the French Sunshine Act: life sciences companies in the dark? download
The long-awaited implementing decree of the Loi ‘Bertrand’ and its interpretative Circular were issued on 21 and 29 May respectively.
The Supreme Court has ruled on crucial issues concerning the position of a former employee in receipt of a company’s confidential information.
The new Growth and Infrastructure Act 2013 contains wide-ranging implications for landowners and developers.
On 24 April the Turkish government submitted a bill to the Grand National Assembly proposing a tax amnesty that would allow taxpayers to declare offshore assets and pay a two per cent tax.
DLA Piper has announced that Ugo de Vivo has joined the firm’s finance and projects team as of counsel.
The UKIPO has rejected an application by Chanel to register JERSEY for skincare products, soaps, perfumes, cosmetics and toiletries.
Where a dispute arises under a contract, the parties must attempt to settle that dispute through the procedure set out in the dispute resolution clause.
Unfair terms in consumer contracts download
The ECJ has provided some helpful guidance on the interpretation of the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.
Sales of a debtor’s assets, pursuant to section 363 of the Bankruptcy Code or through a confirmed chapter 11 plan of reorganisation, have become increasingly common in recent years.
There is a new short-form professional services contract, ideal for use on smaller-scale projects or for work with a very simple scope.
DLA Piper recently provided an update on the decision of Rainbow Shores P/L v Gympie Regional Council & Ors. This latest update considers the implications for organisations if they make the same mistake.
On 29 May 2013, the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 came into force.
On the expiry of a full repairing lease, a tenant is not liable to upgrade the repair of equipment to modern-day standards.
The past few weeks have seen a flurry of insurance regulatory activity at the federal, state and international level.
Interflora operates the best-known flower delivery network in the UK. Members of the network retain their own business name, while also using the Interflora branding.
In Cosmichome Ltd v Southampton City Council, the High Court considered the suitability of using a restrictive covenant to secure an overage payment.
Allen & Overy has appointed Vanessa Turner as a partner in its global antitrust practice.
Can reinstated employees be subsequently constructively unfairly dismissed on the grounds of unfavourable terms of return to work?
The CJEU has rendered a judgment in the case C-259/12 on the appropriateness of the collection of a VAT fine.
Video: roundtable discusses emerging markets, jurisdictions, structures, investor sentiment and the future for private equity video
Partners from The Lawyer Awards Funds Team of the Year shortlisted firms discuss key issues facing the sector.
A federal jury in New York has found Hebei Welcome Pharmaceutical Co and its parent liable for agreeing with other Chinese manufacturers to fix prices in the vitamin-C market.
Walker Morris has advised Cott Developments on its acquisition of Calypso Soft Drinks.
Walker Morris has advised Meridian Motor Group on its acquisition of four West Midlands dealerships from the Synter Motor Group.
Walker Morris recently acted successfully for an interested party in the refusal of two separate applications for judicial review.
Walker Morris has appointed former Deloitte managing partner Stuart Counsell as its first non-executive board director.
Walker Morris has been appointed to the West Yorkshire Legal Services Framework.
Tracking the changes expected in the employment law arena.
There is a fresh batch of content on Taylor Wessing’s Global Data Hub site, which provides insight and guidance on data protection issues.
With Google Glass creating interest in the media, attention is shifting to the possibility of a new generation of technology that is not just portable but wearable.
Partner, British Virgin Islands
Pecking order of law firms shifts in Asia Pacific.
Recent events suggest that western countries continue to be challenged by Chinese foreign direct investment.
What are the international tax and transfer pricing considerations for equity-based incentive compensation? download
Cross-border issuance of equity-based compensation can lead to a number of cross-border tax and transfer pricing issues for multinational companies.
A recent decision casts doubt on what constitutes ‘reasonable steps’ to inform an individual that their personal information has been collected.
On 13 June 2013, the US Supreme Court ruled that certain patent claims owned by US biotech company Myriad Genetics are invalid as products of nature.
As a result of the recent entry into force of the CIDR Act 2012, insurers and insureds will have to be aware of changes affecting the treatment of consumer complaints by the FOS.
Olympic Airlines was put into special liquidation in Greece on 2 October 2009. It had carried on business in England. It employed about 27 people and operated a pension scheme.
In Overy v Paypal (Europe) Ltd, Mr Overy wanted to sell his home. He decided that he would make more money if he offered the house as a prize in a competition.
Changes to the protection for whistleblowers implemented by the Enterprise and Regulatory Reform Act take effect on 25 June.
The White House has announced several executive orders and legislative proposals aimed at curbing frivolous patent litigation.
Who’s Who Legal recognises King & Wood Mallesons as Law Firm of the Year — China.
Twenty-two DLA Piper real-estate lawyers from 13 offices around the world have been named in the International Who’s Who of Real Estate Lawyers 2013.
Mills & Reeve discusses the Petrodel Resources v Prest judgment.
The GAPP and the SARFT will be merged into a single body, to be known as the State Administration of Press, Publication, Radio, Film and Television, or SAPPRFT.
In an appeal from Teal Assurance v WE Berkeley Insurance, the Supreme Court has the opportunity to consider and perhaps jettison the hold harmless fiction.
Winckworth Sherwood has strengthened its corporate and commercial team with the appointment of a partner and an associate.
The High Court has suggested that in certain circumstances the courts may be willing to find an implied duty of good faith in contractual relationships governed by English law.
Bah-humbug to all the smug so and so’s off to Glastonbury this week. For the rest of us stuck in the office, put on some background folk music and get into the festival mood with the in-house lawyers headlining in The Lawyer this week. Let’s start with the emerging talent tent. Here, Nationwide general counselLiz Kelly tells The Lawyer all about her legal academy, which launched 18 ...
Addleshaw Goddard has just process mapped46 of the most common types of contentious and non-contentious legal work.
Here’s a thought. Why should clients pay for firms to have fancy offices in expensive locations?
We don’t want to depress you, but next weekend it’s July. As we don our rain ponchos and head to Wimbledon come Monday, some will no doubt be stamping on the strawberries and shouting over their Pimms jug: “Where’s my summer?”
There are rules in this game of lawyering. To work at Burges Salmon, it seems, you have to be an ex-City lawyer who shunned the capital. To be a Linklaters banking partner you really should be an ex-Denton Wilde Sapte lawyer.
The Supreme Court today won fans in the family law community who praised the court for its innovative approach to the big-money divorce case, Prest v Petrodel.
It’s here: the Lawyer’s compendium on the Asia-Pacific legal market and one of the most comprehensive guides to the profession in the region ever produced.
A whistleblower’s lot is often not a happy one. Last night Edward Snowden slept in a pod at Moscow airport en route for his hoped-for asylum in Ecuador while the US lobbied Russia to expel him on spying charges. Not sure Snowden will have got the full eight hours.
For those who managed to scramble their way into work today, bravo. Not only are you all gold stars in the legal industry, you’re also jolly good fun.
Give a group of academics a wide brief and a two-year timescale to produce revolutionary recommendations for the future of educating prospective lawyers and what will they do? Ask for another six monthsand then produce a 370-page report high on theory and jargon and low on meaningful proposals.
As Rudyard Kipling once said, gardens are not made by singing “Oh, how beautiful,” and sitting in the shade. While some pot begonias and others dig out weeds, the message in the end is get your mitts dirty before inviting friends to see your fruit garden. We’re getting all philosophical for two reasons. One, the sunny day has handed us a rare opportunity to share some gardening poems. Two, we’ve been digging into the legal issues at
Olswang’s hunt for more pricing specialists underscores one of the key market trends right now which is having an impact on most if not all of a firm’s back office staff. Well, that term in itself (‘back office’) is becoming increasingly out-dated, as senior members of BD, finance and other core support teams take a leading role on client pitches. Every firm is looking for that extra edge. Learning from ...
Around 1,300 firms will be forced to find replacement professional indemnity insurance (PII) or be put at risk of being closed down after the Latvian authorities yesterday withdrew operating licences from domestic insurer Balva.
39 Essex Street has elected Neil Block QC as its joint head of chambers, replacing counsel to the Leveson Inquiry Robert Jay QC after he was appointed to the High Court bench.
London set 4 New Square has named Ben Hubble QC as head of chambers following the elevation of Sue Carr QC to the High Court bench.
Like many law academics, I suppose I had grown tired of well-heeled QCs claiming that this or that change to legal services spelt doom for their profession when what they really meant (I invariably thought) was slightly less money to spend on a second home.
Allen & Overy (A&O) financial institutions head Alistair Asher is to take the top legal job at the Co-operative Group, starting as group general counsel on 1 July.
Former Allen & Overy (A&O) senior associate Denise Gibson is to rejoin the firm as a banking partner following a stint at Goldman Sachs.
Allen & Overy (A&O) has turned to an in-house lawyer again for a senior hire, taking on Visa Europe general counsel and executive vice president Vanessa Turner as an antitrust partner in Brussels.
Allen & Overy (A&O), Ashurst, Debevoise & Plimpton and Skadden Arps Slate Meagher & Flom have advised on the sale of cinema operator Vue Entertainment
Allen & Overy (A&O) and Linklaters have taken headline roles advising on the Co-operative Group’s £1.5bn debt restructuring that will see bondholders offered shares in the bank through a so-called ‘bail-in’.
Addleshaw Goddard is rolling out a new legal process-mapping initiative across more than 40 of its primary transactions in an attempt to provide cheaper and more efficient services to clients.
Ashurst has increased junior associates’ pay levels by up to 4 per cent as part of an annual remuneration review that has seen newly-qualified (NQ) lawyers’ salary levels frozen.
Ashurst has decided to bring forward the timetable for the proposed full merger with its Australian offices, which could see both sides’ partners voting on the deal in October.
Ashurst is set to transfer a large proportion of its London support staff to a new low-cost office in Glasgow headed by high-profile former Dundas & Wilson partner Michael Polson.
The Lawyer Asia Pacific 150 reveals that newly merged Anglo-Australian firm Herbert Smith Freehills has taken over Baker & McKenzie as the largest international firm in Asia Pacific by lawyer headcount.
All the latest partner hires and other appointments within firms and offices in the Asia Pacific region.
All the latest partner hires and other appointments within firms and offices in the Asia Pacific region.
HWL Ebsworth, ranked as the 21st largest independent firm in The Lawyer Asia Pacific 150, has expanded its national coverage by opening a new office in Perth.
Baker & McKenzie has named intellectual property partner Andy Leck as its new Singapore managing partner, following the appointment of incumbent Edmund Leow as a Judicial Commissioner in the Supreme Court of Singapore.
Baker Botts is in talks to take on a large chunk of Norton Rose Fulbright’s Dubai operations amid a rift between the legacy UK and US arms of the post-merger firm’s team in the emirate.
Barclays’ external legal advisers are expecting widespread spending cuts by the bank’s legal function as part of its Transform Programme to drive efficiency and improve the UK lender’s image.
Andrew Chamberlain, head of client delivery
Bird & Bird has confirmed the arrival of Field Fisher Waterhouse (FFW) franchising partner Mark Abell in the newly-created position of head of franchising, licensing and multi-channel strategies, after months of wrangling over the appointment.
Bird & Bird has appointed Dentons partner Bernhard Gemmel as a partner in its banking and finance team in Frankfurt.
Bird & Bird has posted positive financial results for 2012-13, with turnover rising by 6 per cent from £235m to £249m.
Blackstone Chambers’ Dinah Rose QC has secured victory in the Supreme Court for 251 female classroom assistants who brought equal pay claims against their employer, Dumfries and Galloway Council.
Lawyers on Demand (LoD), the Berwin Leighton Paisner (BLP)-backed legal resourcing business which has until now provided lawyers to in-house teams and other law firms on a secondment basis is rolling out a new pay-as-you-go service.
There have been a few changes at Italian firm Bonelli Erede Pappalardo over the past month. First off, the firm elected two managing partners in a significant shake-up of governance.
Bonelli Erede Pappalardo litigation partner Luca Radicati di Brozolo is leaving the firm with an associate to launch a litigation and arbitration boutique.
Brown Rudnick is advising a campaign representing up to 15,000 Co-operative Bank retail bondholders raising concerns about the lender’s £1.5bn restructuring.
US firm Bryan Cave has picked up two lawyers from Dentons’ Paris office, including litigation head Constantin Achillas, in a bid to strengthen its litigation and financial services teams.
The Bar Standards Board (BSB) has slammed Ministry of Justice (MoJ) plans to overhaul how legal aid lawyers are paid, claiming it could lead to a miscarriage of justice.
Clifford Chance has hired Latham & Watkins’ head of investment funds in the Middle East and Africa Kai Schneider for its Singapore office.
Clifford Chance has selected Frankfurt partner Oliver Felsenstein as the new global head of its private equity practice following the exit of David Walker to Latham & Watkins.
Chadbourne & Parke has overhauled a number of key leadership positions in the EMEA region, naming insurance partner Adrian Mecz as the US firm’s new London managing partner.
The London office of Chadbourne & Parke has picked up banking and finance partner Partha Pal from the City office of US rival Sidley Austin.
Chinese state-owned conglomerate China Resources is in the process of creating an international panel following the launch of a domestic panel in September 2012.
The High Court has thrown out a challenge by the Chagos Islanders to the Government over its decision to enforce a Marine Protected Area (MPA) around the Indian Ocean archipelago.
Clifford Chance has increased all of its trainee and associate pay rates in the annual review of its salaries bands, raising newly-qualified (NQ) lawyers’ remuneration to £63,500.
Cloisters’ barrister Caroline Musgrave has secured victory for military nurse Wendy Williams in a sex discrimination claim against the Ministry of Defence (MoD).
Manches litigation partner Margaret Tofalides has defected to Clyde & Co.
Clyde & Co has hired two partners from US firm Robins, Kaplan, Miller & Cires to launch its fourth US office in Atlanta.
Clyde & Co has posted a 17 per cent rise in turnover from £287m to £336.6m at the end of the 2012/13 financial year.
Members of the CMS network and Loyens & Loeff have won roles advising on the first major continental European acquisition by Hong Kong billionaire Li Ka-Shing’s Cheung Kong Group.
The Court of Appeal has upheld judicial review proceedings against the Financial Services Compensation Scheme (FSCS) in a landmark judgment that could have implications for the way the FSCS assesses compensation claims for poor investment advice.
Offshore firm Conyers Dill & Pearman has closed its Moscow office, relocating office head Claire McConway back to London five years after launching in Russia.
Co-operative Legal Services (CLS) has unveiled its first-ever advertising campaign, directed by qualified barrister Jamie Rafn.
The courts are becoming more vocal about how to approach the new costs budgeting rulesas litigators test the boundaries of the new regime.
The Jackson reforms are coming under scrutiny by the courts.
Iberian firm Cuatrecasas Gonçalves Pereira has announced that corporate partner Antonio Baena is replacing Iñigo Rubio as London managing partner.
DAC Beachcroft has confirmed that senior members of its London employment and pensions team will face a redundancy consultation.
DAC Beachcroft international senior partner Danny Gowan is to retire prompting a shakeup of the firm’s board.
Kirklees Council has announced the results of a panel review that will support five West Yorkshire councils, appointing 23 firms including Weightmans, DAC Beachcroft and Freeth Cartwright to 10 sub-panels.
US firm Davis Polk & Wardwell has been hit by a $1.4m (£900,000) lawsuit from a legal headhunter demanding unpaid fees for his alleged role in the hire of a two-partner Hong Kong disputes team from Clifford Chance.
Debevoise & Plimpton and Hogan Lovells have advised on a $64bn (£41.7bn) joint venture between a US financial services provider and Henderson Global Investors.
Dechert has recruited a duo of lawyers from Orrick Rambaud Martel, including partner Matthieu Grollemund, to boost its corporate team in Paris.
Dentons has voted in favour of closing its Kuwait office following a review but has stopped short of saying whether it would continue its association in the state.
Dentons partners are set to vote on the termination of the firm’s office in Kuwait, with the news coming alongside New York outfit Curtis Mallet-Prevost Colt & Mosle’s closure of its own short-lived base in the Middle East state.
Direct Line has confirmed that its legal team will be impacted by a group-wide redundancy round that puts 2,000 jobs at risk.
The Supreme Court ruling in Prest v Petrodel could help divorcing spouses to put assts out of the reach of the courts, says Sam Longworth
DLA Piper’s Australian managing partner Andrew Darwin has told staff and partners not to expect pay rises as the firm had failed to meet targets in the region.
DLA Piper has been added to the panel of Integrated Dental Holdings (IDH) following the hire of its new general counsel and company secretary Liz McDonald last October.
DWF has posted turnover of £188m at the close of 2012/13, an 84 per cent increase from £102m last year.
DWF is to take a team from DLA Piper following the latter’s wide-reaching restructuring, with a three-person corporate team in Edinburgh resigning to join the expansive firm.
Legal software provider, Eclipse Legal Systems, has announced its latest international client with the win of Zambia-based Folotiya and Chiumya Legal Practitioners. This latest win adds a further international territory to Eclipse’s portfolio which also includes (outside of the UK), Latvia, Switzerland, Australia and Nigeria.
Barrister Stephen Smith QC, one of the busiest advocates at the bar, is to join Erskine Chambers along with juniors Tim Akkouh and Emily Gillett.
It’s a busy time for Erskine Chambers, which is continuing its growth with the recruitment of three barristers from New Square Chambers – including the equally busy Stephen Smith QC.
The Supreme Court this week confirmed that English courts do have jurisdiction to grant injunctive relief in support of an arbitration agreement, even when there is no arbitration is in existence.
All the latest partner hires and other appointments within Continental European firms and offices.
All the latest partner hires and other appointments within Continental European firms and offices.
Eversheds is setting out to grow its network of African best friend firms as work coming into the continent continues to boom.
Eversheds’ former head of China (EMEA) in London Sharon Shi has moved to Shanghai to take up a general counsel position.
Social networking giant Facebook has named deputy general counsel Colin Stretch as vice president and general counsel, taking over from former legal boss Ted Ullyot.
The Supreme Court has ordered divorced husband Michael Prest to transfer to his former wife, Yasmin Prest, properties held by companies owned and controlled by him, as part of a £17.5m divorce award.
Eversheds has seen a further exit from its partnership with equity capital markets (ECM) head Neil Matthews leaving to join Field Fisher Waterhouse (FFW).
Field Fisher Waterhouse (FFW) has agreed a deal to move its entire London operations into one site overlooking the River Thames after originally considering two other buildings in the City.
Field Fisher Waterhouse (FFW) has ratcheted up its City partner recruitment by hiring three lawyers from a trio of firms covering corporate, finance and tax.
Early results in the 2012/13 financial reporting season continue to set the scene for an uptick in the UK legal market.
In-house lawyers must take a more robust approach to protecting whistle-blowers and be prepared to speak out against bad management decisions, HBOS’ former risk management head Paul Moore has warned.
Fox Williams has added Pinsent Masons partner Helen Farr to its employment and partnerships team.
Freshfields Bruckhaus Deringer, Linklaters and Slaughter and May have taken key advisory roles on the IPO of state-owned Royal Mail, described as the largest UK privatisation for decades.
Addleshaw Goddard, Freshfields Bruckhaus Deringer and White & Case have played roles in Chinese property developer Wanda Group’s first two major investments in the UK.
Tom Solesbury talks about the highs and lows of being a 2012 Olympic athlete, and the transition to practising as an employment lawyer
Revenue at Iberian firm Garrigues’ London office shot up by 32 per cent in the 2011/12 financial year, the firm’s LLP accounts have shown.
If anything tells the world that geek knows best, it’s HBO fantasy smash hit Game of Thrones. The medieval show, the most-pirated TV series in history, has got everyone talking about mythical creatures, impending winters and fluffy huskie dogs. So in this week’s interview with HBO Europe GC Gordon Finlayson, two questions were on the tips of our tongues. Is Finlayson a fan? The answer is an resounding yes, ...
Details have emerged of wranglings between General Electric (GE) in-house lawyers and the group’s procurement team over a slimming-down of its European legal panel earlier this year.
Gibson Dunn & Crutcher has named its Hong Kong founding partner Kelly Austin as the new partner-in-charge ahead of the office’s plan to convert to a Hong Kong solicitors’ firm in August.
With the Enterprise and Regulatory Reform Act coming into force this week, there’s a big focus on the protection of whistle-blowing. Don’t miss our exclusive interview with Paul Moore, who exposed the goings-on at HBOS. He calls on in-house lawyers to take a more active role in promoting the public interest.
Essex Court Chambers’ Gordon Pollock QC, one of the longest serving heads of chambers at the bar, is to stand down from the role.
Gordons has hired former Addleshaw Goddard partner Simon Pilling as a corporate partner in its Leeds office.
Yorkshire firm Gordons has announced the launch of a pensions team with the hire of Eversheds’ Leeds pensions head Terry Saeedi.
It is the time of the year again when UK firms announce their 2012/13 financial results. It has been a varied year with Addleshaw Goddard posting a fall in revenues by 2 per cent to £167m, Bird & Bird reporting an income hike of 6 per cent to £249m and Olswang also pushing up revenues by ...
Herbert Smith Freehills (HSF) has increased pay for its trainees, newly-qualified (NQ) lawyers and those at various levels of post qualification experience (PQE).
Herbert Smith Freehills (HSF) tax litigation partner Rupert Shiers has quit the firm to join Hogan Lovells as head of its direct tax disputes practice.
Herbert Smith Freehills (HSF) has launched a part-time, flexible working team in its Belfast office as it further expands the team in Northern Ireland.
The development of Herbert Smith Freehills’ Belfast support base is continuing apace with today’s news of a flexible, part-time working initiative in Northern Ireland.
Around 60 staff have taken voluntary redundancy at Hill Dickinson’s Liverpool office, it has emerged today.
Hogan Lovells has boosted its litigation and arbitration practice in the US with the hire of three senior partners from Chadbourne & Parke.
Hong Kong firm Ho Tse Wai & Partners has been revealed as the legal team acting for American whistleblower Edward Snowden.
Houston firm Bracewell & Giuliani has appointed three energy partners to its London office, poaching associates from firms including Linklaters and Allen & Overy (A&O).
How transforming Legal Aid will affect people accused of a crime who cannot afford legal fees. A commentary by Maura McGowan QC
The proposals contained in the Ministry of Justice’s (MoJ) paper, Transforming Legal Aid, would completely alter the way people accused of a crime and cannot afford to pay their own legal fees, will be represented.
John Lennon was right – life really is what happens while you’re making other plans. Take Allen & Overy (A&O) financial institutions boss Alistair Asher. One week he is busy advising the Co-operative Group on its £1.5bn debt restructuring, the next he gets appointed to the Co-op’s brand-spanking new management team. Someone give this man a holiday. Actually, it doesn’t ...
The tripartite merger which saw pan-European firm Salans merge with UK-US outfit SNR Denton and Canada’s Fraser Milner Casgrain took effect two months ago.
The Lawyer has launched the inaugural edition of Asia Pacific 150, an in-depth guide to the most exciting legal scene in the world.
A new police unit to tackle IP crime and online piracy will be launched in September by the Intellectual Property Office.
Irish firm Byrne Wallace has won an appeal to the country’s Supreme Court, exonerating it of intentional dishonesty in a negligence claim brought against legacy firm BCM Hanby Wallace by KBC Bank.
Irwin Mitchell has expanded its family practice in the north-west with the hire of two partners in Manchester and one in Leeds.
Employment law alliance Ius Laboris has announced that US employment firm FordHarrison is its new US member, six months after previous Stateside firm Littler Mendelson quit the group.
Now the Jackson reforms are in force, will mediators face new challenges or is life easier?
Ince & Co’s former senior partner Peter Rogan is to retire from the firm to join alternative dispute resolution provider Jams International.
Financial technology developer Media Ingenuity has snapped up in-house IT and IP specialist Melin Tarafdar from JPMorgan Chase as its new general counsel.
Kennedys has recorded a 9 per cent increase in turnover, from £109m in 2011/12 to £117m for 2012/13.
Following the appointment of Sue Kench as its new Australia managing partner, Kin & Wood Mallesons (KWM) has named Sydney-based partner Tim Bednall as the new head of corporate M&A and tax practices in Australia.
Kingsley Napley and Simmons & Simmons have won new spots on the SRA’s expanded litigation and legal advice panel, but Field Fisher Waterhouse (FFW) has left the roster.
The first female judge in the Supreme Court, Baroness Hale, has made history again by becoming the first woman to be named deputy president of the top court.
It is becoming more and more common for firms to find themselves in the dock defending claims of discrimination.
Legal market battle of the bands Law Rocks rolled into town once again last night with a show that was almost stolen by first timers Michelmores.
People management, process efficiency and business development are the highest priorities for improvement among the UK’s top 200 law firms, The Lawyer’s exclusive research into change management has found.
Linklaters and German firm Hengeler Mueller have advised on Vodafone’s €7.7bn (£6.6bn) takeover of Kabel Deutschland.
Linklaters has added to its Hong Kong competition practice by hiring Baker & McKenzie partner Clara Ingen-Housz.
Linklaters and Kerman & Co are the big winners in the latest quarter’s rankings of law firms by number of listed clients, with the former’s FTSE 100 client count jumping by four to put it ahead of Freshfields Bruckhaus Deringer.
Lewis Silkin is advising Linklaters as the firm faces a discrimination claim and allegations of fraudulent billing from a former paralegal.
Lloyds Banking Group has still not informed its external advisers about the timescale for its customer-pay panel review, after partners at law firms originally expected the process to kick off earlier this year.
Financial Times (FT) general counsel Tim Bratton is set to leave the newspaper after nearly ten years at the helm of the publishing business’s legal team.
Luxembourg firm Arendt & Medernach is preparing to close down its Brussels office, relocating resident partner Marc Sunnen back to its headquarters.
Macfarlanes has continued its recent uptick in lateral partner hiring by taking on Shearman & Sterling real estate specialist Clare Breeze.
Scottish firm Maclay Murray & Spens has announced it is starting a redundancy consultation with legal and support staff, with up to 30 jobs at risk.
Clifford Chance, Freshfields Bruckhaus Deringer and Linklaters are among at least eight law firms advising on the high-profile bidding to take Eurasian Natural Resources Corporation (ENRC) private.
It is all about the ’A’s in this week’s edition of The Lawyer Management. Addleshaw Goddard looks to have planned a route for itself to the head of the disaggregation leader board by process mapping 46 aspects of its business, a project that kicked off a spate of indignant comments on www.thelawyer.com, notably “What a load of old rubbish.” Others disagreed. Read what the man behind the project, Addleshaws’ ...
US firm McGuireWoods is expanding its Brussels competition and EU team with four lawyers, including one partner, from Squire Sanders.
Mills & Reeve is taking a nine-strong insurance team from DLA Piper headed by the firm’s Birmingham insurance head Alan Jacobs.
Australia’s largest independent firm Minter Ellison has elected Brisbane-based corporate partner Bruce Cowley as its new chairman.
A nurse who was arrested and then cleared of poisoning hospital patients has turned to Mishcon de Reya partner Charlotte Harris as she announces plans to sue Greater Manchester Police (GMP).
Misys general counsel Tom Kilroy is leaving the software company to join listed biotechnology company Genus next month.
Morrison & Foerster is in the High Court this week defending a professional negligence claim brought by energy investment company Petrocapital Resources over a share transaction.
Morisons Solicitors and HBJ Gateley have been appointed to advise on the administration of Edinburgh football club Heart of Midlothian FC.
Nabarro’s turnover increased by 2.6 per cent to £116.3m in 2012-13, with the firm predicting that its PEP will soar by 30 per cent based on preliminary figures.
Addleshaw Goddard, Eversheds, Hogan Lovells and Travers Smith have advised on Phoenix Equity Partners’ £50m investment in low-cost gym operator The Gym.
Orrick Herrington & Sutcliffe has confirmed the exit of two senior executives amid wider staff cuts under new boss Mitch Zuklie.
After several false starts, the NHS Litigation Authority (NHSLA) finally unveiled its new-look panel this week.
Asia-based fund management group Nikko Asset Management (Nikko AM) has unveiled a new legal head as it prepares for an initial public offering (IPO) in Tokyo.
Norton Rose Fulbright has outlined its intention to extend its network to African jurisdictions such as Angola, Egypt, Kenya, Mozambique and Nigeria amid the firm’s fast global expansion.
Leaders at Norton Rose Fulbright are battling to avert a potential crisis in a large chunk of its Dubai operation that could lead to the entire legacy Fulbright & Jaworski arm in the emirate quitting to join a rival.
Clifford Chance has hired Norton Rose Fulbright corporate insurance partner Ashley Prebble, who joins the magic circle firm’s London practice.
Norton Rose Fulbright has been forced to retain its legacy Fulbright & Jaworski banner as its registered name in the US temporarily for regulatory reasons.
Norton Rose Fulbright has advised easyJet on its agreement to buy 135 planes from Airbus in a deal described as a blow to its US rival Boeing.
Olswang has hired Eversheds’ tax partner Andrew Quayle to boost its employee incentives team.
Olswang has reported a 3 per cent growth in total revenue, from £108m last year to £111.3m in 2012/13, while average profit has fallen by 4 per cent.
German firm Oppenhoff & Partner has recruited two more partners for its Frankfurt office, which is set to launch in August this year.
Osborne Clarke has seen turnover increase by 14 per cent over the last financial year from £98m to £112m.
Outspire Group has announced a strategic alliance with P I Costing Limited and MRN Solicitors which incorporates Clinical Connexx – a ground breaking new and innovative case management legal software for clinical negligence solicitors.
Simmons & Simmons senior partner Colin Passmore has been unanimously re-elected for a second term.
Paul Hastings’ London office has taken an advisory role for the corporate finance group behind a plan to distribute shares in RBS and Lloyds Banking Group to the public as part of the banks’ planned privatisations.
The New York office of Paul Hastings has hired Fried Frank Harris Shriver & Jacobson’s head of securities and shareholder litigation, Douglas Flaum.
Pinsent Masons has hired Bircham Dyson Bell projects partner Robbie Owen as a partner and head of its infrastructure planning and government affairs group.
Pinsent Masons has broken through the £300m barrier to post a five per cent increase in turnover from £295m to £309m, a year after its merger with McGrigors.
Pinsent Masons is to launch a new product capable of monitoring compliance across thousands of suppliers simultaneously and flagging up breaches.
Family lawyers have welcomed the Supreme Court ruling in today’s landmark divorce case, Prest v Petrodel, as a victory for common sense.
Lawyer Yegâne Güley tells her story of the Turkish protests.
High street franchise QualitySolicitors (QS) has brought in a new CEO so to allow founder Craig Holt to focus on developing the brand.
Recommind, a leader in unstructured data management, analysis and governance technology, has released the Recommind Information Governance Suite (IGS), the first integrated governance solution built from the ground up to manage and organise overwhelming amounts of unstructured data using powerful, court-approved machine-learning technology.
Law schools need to give prospective solicitors a stronger dose of commercial nous so they can cope with alternative business structures (ABS) and the evolving structure of the legal profession, says a long-delayed report into education and training released today (25 June).
The Lawyer today launches the inaugural edition of Asia Pacific 150, an in-depth guide to the most exciting legal scene in the world.
Only 16 of the top 30 UK-headquartered private equity firms have in-house legal capability, according to groundbreaking research published by The Lawyer today (24 June).
Romanian firm Tuca Zbarcea & Asociatii has recruited the former co-managing partner of rival domestic firm Musat & Asociatii.
Reynolds Porter Chamberlain (RPC) has announced a revenue increase of more than 20 per cent from £68m in 2011/12 to £82.1m at the end of 2012/13.
A petition against the government’s proposed legal aid reforms will be considered for debate by the Backbench Business Committee having attracted more than 100,000 signatures today.
The Advanced Procurement for Universities and Colleges (APUC), a procurement centre for Scotland’s 60 universities and colleges, has launched a legal services framework with DWF, Weightmans, Eversheds and Foot Anstey among those to win roles.
Seddons has named residential property partner Simon Ross as its new managing partner, succeeding Robin Austin who stepped down earlier this month (12 June).
US employment firm Seyfarth Shaw has expanded into Australia by taking on eight employment partners from three firms, Herbert Smith Freehills (HSF), Ashurst and Arnold Bloch Leibler.
The SFO is recruiting additional junior barristers to join the team of 25 involved in reviewing documents for disclosure in its defence of the multi-million pound damages claims brought by the Tchenguiz brothers, court documents have revealed.
The charity Carbon Leapfrog, which works with a range of top 100 UK law firms on renewable energy projects, has spoken out against the British Government’s backing this week of the shale gas industry.
Shearman & Sterling is understood to be considering an Egyptian office launch as arbitration in the region continues to grow.
Shepherd & Wedderburn has boosted its real estate practice in London with two new partner hires including the former head of property at Addleshaw Goddard.
Yes, last night was Law Rocks night, a chance for lawyers to let down what remains of their hair and shake it all about to classic tunes played by their colleagues on amps turned all the way up to 11.
SJ Berwin property partner Edward Page is being tipped to become the firm’s next UK head of real estate amid speculation that current chief Simon Ricketts could stand down from the role.
SJ Berwin is set to put its potential merger with Asia-Pacific firm King & Wood Mallesons to partners this weekend (8-9 June) for the first partnership-wide discussion on the deal since tie-up talks began.
SJ Berwin has reported a 2.5 per cent rise in revenue for the latest financial year against an anticipated drop in average profit per equity partner (PEP) of roughly 10 per cent.
Smiths of Smithfield – Top Floor has steak and has London views towards St Paul’s Cathedral – together – in the one spot.
Speechly Bircham saw a slight growth in net profit but a similar drop in turnover and PEP in 2012/13, the firm’s financial results have revealed, after a year characterised by a number of departures, lateral hires and the failure of merger talks with Withers.
Squire Sanders is preparing to select new European and US managing partners as the terms of office for incumbents Peter Crossley and Stephen Mahon come to an end.
Squire Sanders has announced the hire of a London corporate partner from US firm Dorsey & Whitney a week after boosting its private equity practice in Russia.
The SRA has announced that it is considering the introduction of a financial rating criteria for professional indemnity insurance (PII) underwriters.
As many as 160 UK firms are facing financial difficulties according to the Solicitors Regulation Authority (SRA), with eight judged as being at an “immediate risk” of collapse.
Courts should only hold closed hearings if it is the interest of justice, the Supreme Court president Lord Neuberger said yesterday (19 June), rejecting a Government bid to have a case against Bank Mellat heard behind closed doors.
The Supreme Court will next week decide whether oil tycoon Michael Prest can escape handing over assets totalling £17.5m to his ex-wide because the assets are owned by his company, Petrodel.
Sweden’s largest firm, Mannheimer Swartling, is boosting its employment team with the hire of Linklaters’ local employment head Anders Nordstrom.
A litigation firm acting on behalf of Kenyan victims tortured during the Mau Mau uprising have said the “matter is far from over” after the British Government announced payments of £2,600 each to some 5,000 survivors.
Taylor Wessing was crowned Law Firm of the Year at The Lawyer Awards last night in a glittering and packed event at London’s Grosvenor House Hotel.
Taylor Wessing’s former managing partner Michael Frawley has been appointed as director of New Zealand’s Museum of Transport and Technology (Motat), three years after leaving the UK firm.
Taylor Wessing is set to put nearly 100 London roles in redundancy consultation as part of a restructuring of its secretarial function.
The $1.4m claim against Davis Polk & Wardwell by legal headhunter Alan Metz has caused a stir in the international legal recruitment industry, particularly as it concerns the hire of a two-partner Hong Kong disputes team from Clifford Chance.
As we launch The Lawyer AsiaPac 150 - the most exhaustive guide to the top local firms in the region ever published - enjoy some of our extensive coverage of international firms’ strategies out East. For more detail on this exclusive research, click here
The Lawyer today unveils a free look at the Asia Pacific 150 report in response to soaring demand for the wide-ranging study on the growth and development of the region’s fast-expanding legal market.
And once all the trophies have been given out, there’s dancing and drinking to be done
Remarkably, guests became more and more effusive as the evening went on
The Lawyer Awards is unquestionably the biggest night in the legal calendar. Check out our picture gallery: are you in it?
When Parabis entered The Lawyer UK200 in 2011 it boasted turnover of £100m - not bad for a firm that had only launched eleven years earlier.
TLT has sealed a third partner hire for its new Manchester office by recruiting DLA Piper IP disputes specialist Graeme Orchison.
Korea’s top six local firms recorded a 20 per cent increase in their collective turnovers in 2012, despite a recent influx of foreign rivals into the market.
Travers Smith has reached a financial settlement with former trainee Katie Tantum, who last month won a high-profile pregnancy discrimination case against the firm.
Travers Smith has concluded its associate pay review, opting to maintain its lockstep structure for junior associates but adding in additional flexibility for those working “excessive” hours or approaching partnership level.
The Government’s litigation advisors, the Treasury Counsel, have waded into the row over legal aid cuts and warned that changes to the judicial review (JR) system will leave public bodies unaccountable to the public.
Soldiers serving in the British armed forces will be protected by the Human Rights Act (HRA) wherever they are based, the Supreme Court ruled this morning.
Worrying news in the professional indemnity market: 1,300 firms will have to find replacement professional indemnity insurance or be put at risk of being closed down following the failure of Latvian insurer Balva. Could this put some practices at risk?
Regulators should flood legal practice course (LPC) providers with crack teams of monitors to boost teaching standards, says a leading academic amid fears that quality is slipping and students are being shortchanged.
Walker Morris has named former Deloitte managing partner Stuart Counsell as its first non-executive board director.
Things are steaming up in Yorkshire today, and we’re not just talking puffy batter pudding with a block of roast beef. As Kirklees Council announces the appointment of 23 firms to a panel that will support five West Yorkshire councils and Gordons hires former Addleshaw Goddard partner Simon Pilling as a corporate partner in its Leeds office. Pretty steamy, ...
White & Case has hired a team of Allen & Overy lawyers, including partner Paola Leocani, to boost its capital markets offering in Italy.
White & Case has been granted a licence to practise law in Dubai in an extension of its Abu Dhabi offering.
Asia Pacific is destined to become the world’s second biggest legal services market in 2017, with consultant Alan Hodgart predicting that revenues generated by the region’s legal markets will reach $215bn or 19 per cent of the global marketplace within four years.
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