Related briefings

GDPR and the Cayman Data Protection Law for Insurance Managers (and clients)

The General Data Protection Regulation 2016/679, or GDPR, is a set of EU regulations aimed at the protection of personal data and privacy of natural persons (not corporations) based within the EU. The GDPR has extraterritorial effect in that it applies to the processing of personal data of persons who are situated in the EU […]

The Private Funds Law and the Cayman Islands’ Status with the EU

In February 2020 the EU included the Cayman Islands on its Annex 1 list of non-cooperative jurisdictions for tax purposes; the so-called “black list”. Whilst the Cayman Islands Government had endeavoured to address the EU’s concerns in respect of the regulation of collective investment vehicles through the passing of The Private Funds Law (the “PFL”) and The Mutual Funds (Amendment) Law on 31 January 2020, the laws were only enacted on 7 February.

BVI Norwich Pharmacal orders unaffected by Broad Idea

Since the Court of Appeal’s decision in Broad Idea International Ltd v. Convoy Collateral Ltd BVIHCMAP 2019/0026 was handed down on 29 May this year, our litigation team has frequently been asked to advise on the impact of that decision on the BVI Court’s jurisdiction to grant interlocutory relief in aid of foreign proceedings, and Norwich Pharmacal orders in “support” of intended foreign proceedings. In relation to interlocutory relief generally, the reality is that, post Broad Idea (No 2), the position is now somewhat uncertain.

Latest Briefings

Swiss Federal Supreme Court follows the practice of EPO’s Board of Appeal on singling out

In a recent decision (4A_613/2019, 11 May 2020), the Swiss Federal Supreme Court (Supreme Court) followed the practice of the Board of Appeal of the European Patent Office (EPO) as it held that the singling out of single features from two separate lists of features and therefore the combination of these  two specific features constitutes an extension of the subject-matter of the patent application leading to its nullity.

Recent Commercial Court decision highlights the importance of strict compliance with claim notification provisions in share and business sale and purchase agreements

In a recently delivered decision, Dodika Limited & Others v. United Luck Group Holdings Limited [2020] EWHC 2101 (Comm), Mr Peter MacDonald Eggers QC (sitting as a Deputy Judge of the Commercial Court) has ruled that a notice of claim under a tax covenant contained in a share sale and purchase agreement (SPA) failed to comply with the requirements of the claim notification provisions in the SPA. As a result, a sum of USD 50 million held in escrow was liable to be released to the SPA sellers.

Cyber security: Proactivity vs reactivity

Worried about the rise in cyber crime? Peter Yapp explains to Counter Terror Business Magazine how to “expect the unexpected” and get proactive when it comes to cyber security.

Recommended

A&O and O’Melveny call off transatlantic merger

After over a year of discussions between the pair, Allen & Overy and O’Melveny & Myers have called off their proposed merger. In a joint statement, the firms said: “Allen & Overy and O’Melveny & Myers have held discussions about a possible combination and, despite agreeing that there were some compelling synergies between us and […]

The speed read: Techtember is here; Brexit is back; and Paris is hot

Techtember is coming, but legal innovation is still a slippery business It is a truth widely acknowledged that technology will become a core part of how firms deliver their services, but leave it to Eversheds Sutherland to rename a whole month for the sake of it. The firm has launched a new four-week-long initiative aimed […]

Frankfurt

Breaking: Freshfields to pay €50m in tax dispute with insolvent German bank

Freshfields Bruckhaus Deringer has paid a €50m settlement to the administrators of an insolvent German bank, which was represented by Linklaters. Maple Bank’s liquidators CMS Hasche Sigle sued Freshfields in Frankfurt for €95m for its advice on so-called ‘cum-ex’-deals. The firm advised the bank in controversial share-swapping schemes that allegedly allowed investors to reclaim billions […]

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