Posted on

Hot topics

SFO in the spotlight once again after stuttering investigations

Now a few years into the Lisa Osofsky era of the Serious Fraud Office (SFO), the jury is still out on the agency’s performance.

There have been successes: white-collar crime lawyers agree that the SFO’s near-€1bn deferred prosecution agreement (DPA) with Airbus in January 2020 was a solid achievement, with Stewarts’ fraud partner David Savage praising the international co-operation involved in securing the plea deal. Continue reading “Hot topics”

Posted on

UK’s robust disputes framework holds firm amid the crisis

I have always very much enjoyed talking to the City’s disputes practitioners, and after two years away from covering my beat, I was curious to know what had changed. The answer: everything and nothing.

True, face-to-face meetings and the whistle-stop tours of London’s leading disputes practices have been replaced by Zoom and Teams. It seems that even the most momentous of disputes last year were fought and adjudicated by very intelligent people wearing very comfortable clothing; long may that continue. Continue reading “UK’s robust disputes framework holds firm amid the crisis”

Posted on

Sponsored briefing: The antitrust challenge to Big Tech

MoloLamken

Eric Posner discusses the US antitrust law challenges for Big Tech companies

After a long period of stagnation, United States antitrust law has experienced a jolt of adrenaline, thanks in large part to public anxiety about the enormous economic and cultural power of Big Tech. Apple, Microsoft, Amazon, Alphabet (which owns Google), and Facebook are the five largest companies in the US by market capitalisation. All of these firms are ubiquitous presences in people’s lives. And all of them (except Microsoft, which has tended its operating system monopoly but not tried to extend it) have been subject to a torrent of criticism about their allegedly anticompetitive practices, now the subject of a spate of lawsuits by the US government, the state governments, and private parties. Continue reading “Sponsored briefing: The antitrust challenge to Big Tech”

Posted on

Sponsored briefing: Prosecuting corporations in Romania

Ovidiu Budusan discusses corporate prosecutions in Romania

As early as 2006, the Romanian legislators adopted the view that, similar to individuals, corporations have a distinct, if collective state of mind that is similarly capable of committing crimes, and regulated the criminal liability of corporations. Since then, corporate prosecutions are nothing new to the country, but remain a matter of controversy, as the metaphorical gun is held by the government to the head of businesses, shareholders, board members, CEOs, CFOs – and the list of acronyms may go on and on. Continue reading “Sponsored briefing: Prosecuting corporations in Romania”

Posted on

Sponsored briefing: Civil mediation before litigation

R&T Asia (Thailand) assesses how recent amendments to Thailand’s Civil Procedure Code have impacted litigation practice in the jurisdiction

Thailand has recently enabled a party to a dispute to request in-court civil mediation even before a complaint is filed with the court, with a view to saving time and resources which would otherwise be used in civil proceedings. This new form of civil mediation before litigation became effective on
7 November 2020 and was introduced by way of an amendment to the Civil Procedure Code, which is the law setting out the general procedure for the conduct of civil proceedings in Thailand. Continue reading “Sponsored briefing: Civil mediation before litigation”

Posted on

Sponsored briefing: Virtual hearings: for here or to go?

Yulchon on virtual international arbitration hearings in South Korea during the Covid-19 pandemic

With no end in sight in the foreseeable future, we are all adapting to life in the Covid-19 world that has become the new normal. International arbitration is no different. Once governmental lockdowns along with social distancing regulations and norms had made in-person arbitration hearings impractical if not downright impossible, it was clear that parties and arbitral institutions would have to derive alternative solutions. This became especially necessary once disputing parties had realised that simply postponing in-person hearings scheduled to take place in 2020 to later dates could not be a permanent solution. Continue reading “Sponsored briefing: Virtual hearings: for here or to go?”

Posted on

Sponsored briefing: Unilateral adaptation of commercial contracts

Koutalidis’ Gregory Logothetis discusses the impact of Covid-19 on Greek commercial obligations

The Covid-19 pandemic has inevitably monopolised legal discourse over the last year, as commercial arrangements and entire businesses have been stressed and often crushed under the burden of extended illiquidity. The pressure of meeting outstanding obligations as a going concern has been one of the catalysts in this direction. Continue reading “Sponsored briefing: Unilateral adaptation of commercial contracts”

Posted on

Sponsored briefing: Malaysia’s intellectual property regime in the new normal

Gan Partnership’s Alex Choo, Lim Zhi Jian and Bahari Yeow assess how well Malaysia is equipped to deal with intellectual property infringements

As Malaysia (and the world) continue to combat Covid-19, the turn of the new decade promises to be a better year as stakeholders are gradually acclimatising to the new normal. The embrace of the technological wave has become an inevitability, with industries digitalising and moving their products and services online. Continue reading “Sponsored briefing: Malaysia’s intellectual property regime in the new normal”

Posted on

Sponsored briefing: Technical expertise in intellectual property litigation in Portugal

António Magalhães Cardoso and Marta Alves Vieira discuss technical expertise in IP litigation matters

Complex intellectual property (IP) litigation matters often require specialised knowledge that the assigned judges and the parties’ counsels generally do not possess.

The facts and the matters at stake in many IP litigation cases – particularly, in patent, utility model or design cases – frequently require experts to participate in the proceedings actively with their specific technical knowledge. Continue reading “Sponsored briefing: Technical expertise in intellectual property litigation in Portugal”

Posted on

Sponsored briefing: Implications of the FCA test case for contractual interpretation and broker claims

The Supreme Court judgment in the Financial Conduct Authority (FCA) test case was a resounding victory for policyholders. Two potential unintended consequences of that judgment are considered here

Contractual interpretation

So-called ‘disease clauses’ provide cover for business interruption caused by the occurrence of a notifiable disease within (say) 25 miles of the insured premises. To many, the Supreme Court’s conclusion that such clauses cover losses from the Covid-19 pandemic is obviously correct. Continue reading “Sponsored briefing: Implications of the FCA test case for contractual interpretation and broker claims”

Posted on

Sponsored briefing: 2021 – a year of change

Stewarts’ Sean Upson considers how the upcoming year will define and influence new working practices

Certain years define and influence our practices for years to come, and 2021 will likely be one of those. If anything, it will eclipse the 2007-2008 financial crisis, where the market disruption played out in the courts for well over the following decade. Unlike 2007–2008, we are not now simply seeing market disruption but also seeing new working practices caused by Covid-19 and the disruptor that is Brexit. These themes are likely to define the disputes landscape for the next decade. Continue reading “Sponsored briefing: 2021 – a year of change”

Posted on

Sponsored briefing: Post-Brexit cross-border disputes – what next?

Simmons & Simmons examine the existing European framework, the legal changes introduced by Brexit and practical points that parties will need to consider in the future when contemplating, or participating in, cross-border disputes between the UK and EU

Prior to Brexit, a robust legal framework existed which governed cross-border disputes between the UK and the EU. It provided for reciprocal enforcement of judgments, choice of governing law and jurisdiction clauses. However, following Brexit, this framework has fallen away and has not yet been replaced by any similar legislative arrangement such that many civil justice matters will now be governed by member states’ local law. As a result, and in the absence of any further agreement, Brexit may have significant practical implications
for how litigants conduct cross-border litigation. Continue reading “Sponsored briefing: Post-Brexit cross-border disputes – what next?”

Posted on

Sponsored briefing: Litigation laws and regulations in Mexico

Ramón Fernández Vigil and Alejandro Del Castillo Ramírez give an overview of litigation laws and regulations that may occur in Mexico

What are the main methods of resolving commercial disputes?

The main methods of resolving commercial disputes in Mexico are: a) ordinary commercial trial, b) executive commercial trial, c) special proceedings, d) oral commercial trial, e) bankruptcy proceedings (concurso mercantil), f) arbitration, and g) mediation. Continue reading “Sponsored briefing: Litigation laws and regulations in Mexico”

Posted on

Sponsored briefing: Data breaches and cyber-attacks

Susanna Norelid and Marcus Appeltofft look at the impact of cyber-attacks in Sweden

The Covid-19 (cyber) pandemic

The Covid-19 pandemic has, among other things, brought about a significant increase in data breaches worldwide. Sweden has been no exception. Following the global trend, Swedish organisations have experienced a surge of cyber-attacks in the wake of the pandemic. The increase in cyber-attacks has intersected with an EU-wide harmonisation effort, which includes the Swedish Privacy Protection Authority that aims to change the manner in which the European DPAs investigate and manage GDPR-related complaints. As a consequence, this will likely exacerbate the business risks involved with the processing of personal data. When it comes to data breaches, it is a question of when, rather than if, one will occur. Continue reading “Sponsored briefing: Data breaches and cyber-attacks”

Posted on

Sponsored briefing: The era of unbridled mega settlements in the Netherlands seems to be over

OSKB’s Geertjan van Oosten and Dinya Torny discuss how individuals at suspected companies also run the risk of criminal prosecution

In early September 2018 news emerged that the Dutch Public Prosecution Service (PPS) had conducted a large scale criminal investigation into ING Bank and had agreed a settlement. The settlement amount of €775m was the largest in Dutch history. The PPS announced that ING Bank had for years failed to take measures to prevent money laundering with its bank accounts. In the opinion of the PPS, ING was guilty of culpable money laundering. Continue reading “Sponsored briefing: The era of unbridled mega settlements in the Netherlands seems to be over”

Posted on

Sponsored briefing: History has shown us that fraud and recessions are natural bedfellows

Stewarts’ Alex Jay and Tim Symes discuss past and present growth in international fraud

The increase in fraud following the 2007-8 financial crisis was sharp and sustained. KPMG’s ‘Fraud Barometer’ – the longest-running fraud report of its kind in the UK – showed that fraud cases in 2008, 2009, and 2010 increased
year-on-year both by value and volume. Continue reading “Sponsored briefing: History has shown us that fraud and recessions are natural bedfellows”

Posted on

Sponsored briefing: German interlocutory injunction proceedings in patent matters under review of CJEU

Clemens Rübel discusses patent matters under review by the CJEU in Germany

The requirements of granting interlocutory injunctions in patent infringement proceedings developed over many years by the German Higher Regional Courts will be subject to review by the CJEU. The legal question referred by the Munich judges in a decision on 19 January 2021¹ is, whether it is in line with art 9 (1) of Directive 2004/48/EC (Enforcement Directive) that in interlocutory infringement proceedings provisional measures should be denied if the asserted patent has not survived first instance opposition or nullity proceedings. Continue reading “Sponsored briefing: German interlocutory injunction proceedings in patent matters under review of CJEU”

Posted on

Sponsored briefing: Corporate criminal liability in Germany

Alexander Cappel discusses how the German legal landscape is going to change based on the future Corporate Criminal Liability Act

Over the past few years, we have noticed a large number of multi-jurisdictional enforcement actions against large corporate and financial institutions and US and UK authorities in particular have imposed significant fines, not only against the responsible individuals, but also against the legal entities involved. Compared to criminal penalties imposed by foreign authorities, administrative sanctions against legal entities in Germany have been rather moderate given German law does not provide for strict corporate criminal liability yet. Continue reading “Sponsored briefing: Corporate criminal liability in Germany”

Posted on

Sponsored briefing: Cypriot courts hear major international civil fraud cases: here is why

SCORDIS, PAPAPETROU & Co LLC examines the key elements of civil fraud proceedings in Cyprus

Introduction

The development of Cyprus as an international business centre has also led to it becoming a serious hub for international dispute resolution, involving, more often than not, international white-collar crime cases instigated by private individuals, companies and governmental bodies alike. The accession of Cyprus to the EU has also contributed to the number of civil fraud cases coming before the Cypriot courts, especially when coupled with the fact that Cyprus is a common law jurisdiction and most of the leading litigators are UK educated and qualified lawyers with support teams of analogous education and background. Continue reading “Sponsored briefing: Cypriot courts hear major international civil fraud cases: here is why”

Posted on

Sponsored briefing: RPC interview series – Andy McGregor

RPC

Why are fraud disputes increasing year on year?

Numbers collected by the litigation intelligence company Solomonic show a dramatic increase: 94 fraud-related cases were recorded in 2020, compared with 61 cases in 2019 and 31 in 2018.

Based on our experience, 2021 is likely to see that number go even higher. It’s hard to know exactly what is driving that. I don’t think that we have collectively become worse people though. Continue reading “Sponsored briefing: RPC interview series – Andy McGregor”