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Sponsored firm profile: Gilbert + Tobin

Gilbert + Tobin

Gilbert + Tobin is the firm of choice when the stakes are high. The disputes and investigations team at Gilbert + Tobin specialises in assisting clients to navigate complex and significant contentious issues. We work closely with our clients to develop an approach best suited to achieving their objectives and the protection of their interests. We understand that litigation should always be a last resort but, where necessary, needs to be handled strategically and commercially and with jealous regard to your reputation.

Our lawyers have been and continue to be involved in Australia’s most high-profile commercial disputes, litigation, investigations and inquiries. Clients come to us for our sophisticated and strategic litigation and dispute resolution services across a broad range of legal areas. We work closely with clients to deliver focused, timely and cost-effective solutions. Continue reading “Sponsored firm profile: Gilbert + Tobin”

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Sponsored briefing: The full-frontal approach

Hardwicke

Simon Kerry asks whether front loading case management is effective in resolving cases and looks at the forthcoming Disclosure Pilot

In recent years, reforms of the Civil Procedure Rules have focused on ‘front loading’ case management. In particular, for larger and more complex cases, planning phases have been established to set parameters within which the case will be conducted. Continue reading “Sponsored briefing: The full-frontal approach”

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Sponsored briefing: Tech-driven review vs the fear of missing out

Brown Rudnick

Jane Colston discusses the use of AI in the courts under the new disclosure pilot scheme’s push for cheaper tech-assisted review

Lord Burnett of Maldon has set up a new advisory board made up of senior judges and artificial intelligence (AI) experts to consider and advise on the issues arising from the use of AI in the courts. In setting up the group, Lord Burnett seeks to ensure that judges are at the forefront of governing how increasingly capable AI technology may be used in and by the courts of England and Wales. Continue reading “Sponsored briefing: Tech-driven review vs the fear of missing out”

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Bench strengths – Sizing up the City’s top dispute teams

Damien Byrne Hill

The best dispute lawyers often have something of the diva or rockstar about them – argumentative, uncompromising and brash. Michael Davison, head of Hogan Lovells’ litigation, arbitration and employment group, describes Neal Katyal, who runs the firm’s Washington DC disputes team, as such a figure. It is easy to see why: at the age of 48, Katyal had argued more Supreme Court cases than anyone else in US history and appeared as himself in Netflix’s political drama House of Cards.

London, of course, has no shortage of big characters in litigation, even if the clubby world of hard-living, hard-working boys is giving way to a more diverse crowd. To assess the prospects for the disputes market, Legal Business decided to focus on a dozen of the largest players in the City, spanning traditional leaders, the largest specialist firms and a handful of the most expansive US outfits. Continue reading “Bench strengths – Sizing up the City’s top dispute teams”

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Market Report: White-Collar Crime – Closing the net on corruption

Richard Kovalevsky QC

With deferred prosecution agreements proving a success and the scale of investigations increasing, things have never been busier for corporate crime firms. Anna Cole-Bailey discusses

The consensus among white-collar crime partners is that financial misconduct cases are not going away any time soon. With many investigations historic, they leave deep footprints over time. Continue reading “Market Report: White-Collar Crime – Closing the net on corruption”

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Sponsored briefing: Financial crime and criminal prosecutions in the UK

Stewarts

Richard Kovalevsky QC on the difficulties facing prosecutors of financial crime

Following the Bribery Act coming into force on 1 July 2011, commentators focused on the contention that while there was a Rolls-Royce in the garage, prosecutors in the area of corruption and financial crime were using an old Mini as the vehicle of choice. In 2012 and 2013, the sleek well-engineered machine that is the Bribery Act remained unused while the everyday patchwork of existing offences seemed to be the preferred vehicle for prosecutors. Continue reading “Sponsored briefing: Financial crime and criminal prosecutions in the UK”

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Sponsored firm profile: Ashfords

Ashfords

About our dispute resolution team

Our dispute resolution team is a cadre of specialist litigators. We work with our in-house legal teams to find the most effective route to resolving the disputes that inevitably arise during the course of business. Our aim is to help quantify and manage risk, and offer solutions-driven advice. We actively work with our clients on litigation avoidance strategies. We appreciate how competitive the market place is for you and the challenging decisions that are having to be made as a consequence. We can help in pre-empting issues that might arise from those decisions.

Our philosophy is to place ourselves between our client and the problem, and we never lose sight of the fundamental issue in each case that we take – what outcome does our client need to achieve? – and that directs everything we do and how we do it. Continue reading “Sponsored firm profile: Ashfords”

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Sponsored briefing: When is a secret commission secret? A primer on Medsted v Canaccord Genuity

Wilberforce Chambers

Edward Sawyer and Jia Wei Lee look at a recent Court of Appeal decision on the extent of a fiduciary’s obligation to disclose commission payments

In The Attorney General for Hong Kong v Reid [1994] 1 AC 324, Lord Templeman described bribery as ‘an evil practice which threatens the foundations of any civilised society’. And as every trusts lawyer knows, the best way to wage war against depravity is by the well-timed imposition of a constructive trust. What we do not know, however, is how much fiduciaries must tell principals about their commissions. Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd [2019] EWCA Civ 83 gives us part of an answer. Continue reading “Sponsored briefing: When is a secret commission secret? A primer on Medsted v Canaccord Genuity”

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Global disputes hubs jostle for position – Where in the world?

City runner

For large companies and ultra-high-net-worth individuals, disputes are an inevitable feature of doing business. According to the Litigation Trends Annual Survey, published by Norton Rose Fulbright, US companies now spend $1.2m on disputes per $1bn of annual revenue. Add in the growth of non-US companies involved in disputes and tens of billions of dollars are being spent worldwide in resolving them. Where those disputes are resolved, and in what form, is evolving in line with the global economy – as economic power shifts eastwards, so does the volume of disputes.

Despite this trend, which is underpinned by intense competition from rival dispute resolution centres in Asia, London continues to be the world’s most favoured international disputes destination – at least for now. As rival jurisdictions seize the opportunity to increase their share, the battle for business shows no sign of abating. Continue reading “Global disputes hubs jostle for position – Where in the world?”

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Sponsored briefing: Enforcement reimagined

White & Case

Chris Brennan follows on from his panel discussion at the Financial Services Regulation and Disputes Summit to explore the options for reforming investigations and enforcement

The closing panel of the recent Legal Business Financial Services Regulation and Disputes Summit was asked to discuss how they would approach the establishment of a new regulatory enforcement body. This article picks up on some of the themes discussed. Continue reading “Sponsored briefing: Enforcement reimagined”

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Sponsored briefing: Financial litigation in India – An analysis of recent developments in insolvency law

Singh & Associates

Daizy Chawla charts the progress of India’s Insolvency and Bankruptcy Code

‘The Insolvency Code is a legislation which deals with economic matters and, in the larger sense, deals with the economy of the country as a whole.’ Continue reading “Sponsored briefing: Financial litigation in India – An analysis of recent developments in insolvency law”

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Sponsored briefing: Technology disputes – A perfect storm of complex technical, legal and business issues

Milbank

Julian Stait and Tom Canning, litigation partners in the London arm of Milbank, look at the complex field of tech disputes

Disputes arising out of complex technology projects continue to arise with alarming frequency; the more complex the project, the more likely it is that problems will arise. And yet, looking back over a large number of years of handling these types of disputes, many of the key causes, issues and themes remain the same, notwithstanding the passage of time. Why is that? Continue reading “Sponsored briefing: Technology disputes – A perfect storm of complex technical, legal and business issues”

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Sponsored briefing: The coming of age of arbitration in Africa

MoloLamken

Rémy Gerbay looks at whether Africa could prove a suitable arbitration seat for US corporations

Private investments by US corporations in Africa are expected to increase in the coming years. In turn, cross-border disputes are also expected to surge. This comes at a time when arbitrating disputes on the African continent is slowly becoming an increasingly viable option for US corporations. Continue reading “Sponsored briefing: The coming of age of arbitration in Africa”

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Sponsored briefing: The Mauritius International Arbitration Act – A decade on

Benoit Chambers

Rishi Pursem SC and Bilshan Nursimulu discuss how Mauritius has evolved to become an increasingly popular choice for arbitration

On 1 January 2009, the Mauritian International Arbitration Act came into force. It created a completely new regime for international arbitration and expressly provides that it is to be developed in keeping with the international principles underlying the UNCITRAL Model Law. Continue reading “Sponsored briefing: The Mauritius International Arbitration Act – A decade on”

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Sponsored briefing: A new ADR instrument for conflicts between beneficiaries and professional fiduciaries

Walch & Schurti

Moritz Blasy, Nicolai Binkert and Simon Ott detail Liechtenstein’s new conciliation procedure

Liechtenstein’s fiduciary and financial services industry has a long history of rendering high-quality services to an international clientele of high-net-worth individuals. For almost 100 years Liechtenstein’s unique legal system has attracted high-net-worth individuals seeking to structure their wealth. The Liechtenstein foundation and the Liechtenstein trust have proven to be particularly popular wealth-structuring vehicles. Continue reading “Sponsored briefing: A new ADR instrument for conflicts between beneficiaries and professional fiduciaries”

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Sponsored firm profile: JMiles & Co

JMiles & Co

JMiles & Co specialises in international arbitration, mediation and fraud and asset recovery and is a recipient of the Law Society of England and Wales Excellence Award for international legal services. We have acted for African governments and private clients in Africa and elsewhere across the world. The team consists of lawyers who have qualified and practised in England, Kenya and Singapore and have a deep understanding of the legal and commercial realities of doing business in Africa and is one of the only entities in East Africa providing specialised advice and representation to clients on international arbitration.

Continue reading “Sponsored firm profile: JMiles & Co”

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Disputes perspectives: Sir David Green QC

Sir David Green QC

Looking back, I spent 25% of my time at the Serious Fraud Office reacting to a campaign against the SFO orchestrated [by] the [UK government]. In order to do that I was building alliances with politicians in the Lords and the Commons, with journalists, with academic and City lawyers, with independent NGOs and with international organisations. They were all hugely supportive, and ultimately the SFO survived.

I’m not saying that there aren’t two sides to this argument, but I fought as I did because I believed very strongly in the need for an independent SFO. The reason being that if you are investigating the kind of companies at the very top of the blue-chip list, people who can literally pick up the phone and speak to the Prime Minister, it is incredibly important in terms of public confidence that the prosecutor has visible and real independence. Continue reading “Disputes perspectives: Sir David Green QC”

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Disputes perspectives: Jolyon Maugham QC

Jolyon Maugham QC

One of the things about being a barrister is that you’re independently-minded, which means all the big Remain campaigns find me a mixed blessing. People’s Vote are trying to draw me in, so they said if I wrote something they’ll get it in one of the broadsheets tomorrow.

I am independently-minded but I do like to play nice with others where possible. So I stayed up until about 10pm putting something together. It’s going in The Independent. Continue reading “Disputes perspectives: Jolyon Maugham QC”