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Latest Briefings

Update on Bermuda private trust companies

Many offshore jurisdictions saw notable reforms in 2018. This article considers how recent changes to the regulation of financial services in Bermuda have affected private trust companies. These legislative amendments were made primarily to ensure that Bermuda’s legal framework remains up to date with international standards, which are aimed at maintaining the international financial system’s […]

The basics: How to wind up a corporate debtor

A company has outstanding debts and it seems they are struggling financially. What can you do to try and get your debts settled? Is applying to have the company wound up the answer? Here, we take a look at what you will need to consider before a decision is made and we take a look […]

Blowing hot and cold on the jurisdiction of an adjudicator

In the recent case of SKYMIST HOLDINGS LIMITED v GRANDLANE DEVELOPMENTS LIMITED [2018], the Technology and Construction Court (TCC), considered the principle of “approbation and reprobation” in “satellite litigation” over the jurisdiction of adjudicators. But is challenging the jurisdiction of an adjudicator worth the cost involved? We review the key points in the Skymist decision, and the TCC‘s […]

Is legislation pending on bankruptcy, pension plans and lenders?

Public consultations on enhancing retirement security led by the Ministry of Innovation, Science and Economic Development Canada closed in late 2018. Given the importance and complexity of the subject matter, the one-month consultation period offered by the government was curiously short. Given that 2019 is an election year, the quick completion of the process could […]

Apples to Oranges: how investigations differ from a litigation approach when implementing eDiscovery solutions

Competition matters, and investigations more generally, differ greatly in execution from the approach to eDiscovery taken in litigation.  Understanding the potential issues is paramount in developing an eDiscovery model that tackles the regulatory pressures faced by legal teams and their corporate clients. In the first article in this series we compare the different approaches and examine […]

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Children’s champ

The NSPCC’s Barbara Esam’s remit of fighting for youngsters who fall foul of the law has helped keep her in the UK for twenty seven years longer than intended. Brendan Malkin reports Barbara Esam’s role is not that of your average in-house lawyer. She would feature just as well in ‘campaigning people’ stories in The […]

Picking up the pieces

Enronitis has defined new frontiers of professional and corporate governance, says John Powell QC Enronitis is the epitome of colossal failure of corporate governance and the consequences that follow. WorldCom is one of the latest to exhibit the disease, and there are more collapses to come. Investment banks, analysts, accountants and others who are perceived […]

Dewey loses NY team to Stroock

Dewey Ballantine has lost an eight-lawyer insolvency and restructuring team to Stroock & Stroock & Lavan in New York Partner Michael Sage led the exodus, which includes Gerald Bender and Mark Palmer, who have joined as partners, and five associates. Sage has become co-chair of Stroock’s insolvency and restructuring practice.Stroock managing partner Thomas Heftler said: […]

UK law cleaned up by soap

As most of you will be aware, the European Court of Human Rights (ECHR) last week issued a historic judgment in the case of Goodwin & I v UK. After almost 50 years of case judgments in the UK and the ECHR that have failed to protect transsexual people’s rights, the ECHR last week ruled […]

Strategic weapons in risk management

Can or should strategic litigation such as Cave v Robinson Jarvis & Rolf help to manage the legal profession’s risk? The recent, much publicised House of Lords decision in Cave (The Lawyer, 29 April) restored the position on limitation periods, to the relief of solicitors and their insurers all round. On another level, the case […]

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