Herbert Smith Freehills (HSF) has ensured victory for the Financial Conduct Authority (FCA) in a landmark test case intended to provide clarity on whether companies have valid business disruption insurance claims as a result of the Covid-19 pandemic.
The High Court judgment handed down this morning (15 September) by Lord Justice Flaux and Mr Justice Butcher will be a heavy blow to insurers, with tens of thousands of businesses now potentially in line for payouts on their business interruption policies. Continue reading “HSF ensures victory for regulator in major Covid-19 insurance test case “
The Supreme Court has ruled against Chinese telecoms giants Huawei and ZTE today (26 August) in a landmark IP dispute, with Osborne Clarke and EIP Legal securing victory for clients Unwired Planet and Conversant.
The case concerns patent infringement and the manner in which corporates enter global licensing arrangements. Huawei had been appealing against previous decisions in favour of Conversant, with the companies battling on jurisdictional grounds over whether particular patents were essential to the implementation of international standards for mobile telephony. Continue reading “‘Crazy and hopeless’: Osborne Clarke and EIP dial in landmark patent victory against Chinese giants”
State court litigation and private arbitration proceedings require practitioners to combine legal thoroughness and the management of evidence with strategic ingenuity. Understanding court processes, legal practice and tactical procedural advantages all add up to sound advice in contentious legal matters.
Dispute resolution in all its appearances enjoys a long-standing tradition at Prager Dreifuss. Our attorneys represent parties before local state courts as well as administrative authorities. Debt collection and bankruptcy matters are strong areas of our practice, in particular in disputes involving foreign parties. International arbitration has attained special significance in our firm and a number of our attorneys are regularly appointed as arbitrators in institutional and ad hoc arbitration tribunals. Continue reading “Sponsored spotlight: Dispute resolution: Strategic case management with legal acumen”
In a significant move for the future of large data breach and privacy cases, Morrisons Supermarkets has successfully defeated a group litigation claim following a decision by the Supreme Court this morning (1 April).
The case centres on whether a company can be held vicariously liable for the actions of a single employee, after thousands of members of staff found their personal information disclosed on the internet by a rogue employee in the company’s audit team. Continue reading “Supreme Court rules in favour of Morrisons in landmark data breach case”
Our second one-day summit dedicated to banking disputes and regulatory actions returned in February with a host of sponsors, speakers and more than 150 guests in central London. Backed by a string of top names in contentious banking work, including headline sponsor White & Case, as well as Freshfields Bruckhaus Deringer, Boies Schiller Flexner, One Essex Court and Norton Rose Fulbright (NRF), the event was guaranteed a heavyweight line-up.
There was no mistaking the core theme for the day, which White & Case banking disputes chief John Reynolds set out in his opening remarks. Arguing that cultural issues sat at the heart of the global financial crisis over a decade ago, Reynolds gave a jaded assessment of the progress since, despite the string of post-crisis reforms, like the Senior Managers Regime, ringfencing and legislation on bonuses. Continue reading “Financial Regulation – Increased focus on culture raises question: is everything OK?”
‘Gone are the days where the client would just default to a certain adviser because that is who it has used all along,’ says Signature Litigation partner Daniel Spendlove. ‘Corporates, especially one-off distressed clients, are thinking about who they use carefully and that puts firms like ours in a strong position.’
Boutiques have been a striking feature of the disputes landscape for more than a decade. The rhetoric extols the virtues of the stripped-back model, unconstrained by the extra overheads that come with having multiple practice areas, and the conflict-free feature allows full-service firms to feel confident in referring disputes work to non-competitors. ‘What clients get is a focused offering. We’re not cross-selling other departments. We are simply here to handle a case,’ adds Spendlove. Continue reading “Still punching – Can boutiques keep moving up a weight class amid mounting competition?”
‘Arbitration is the Savile Row of dispute resolution. It’s not the M&S off-the-rack suit, you can create a bespoke arbitration clause that does almost anything you want it to do,’ said Kenneth Beale, an arbitration partner at Boies Schiller Flexner in London. Is it then any surprise that financial institutions are increasingly opting to use arbitration for dispute resolution?
Beale was one of a host of top names speaking at Legal Business’ 2019 International Arbitration Summit in November when he made that comment, setting out how much things have changed in the financial services sector in recent years. Continue reading “Arbitration – ‘There’s a new generation coming’”
Criminal investigations aside, the rise of cyber crime and forum shopping means the UK is a perennially popular location for resolving civil fraud disputes. Dominic Carman reports
According to the Crime Survey for England and Wales, fraud offences now constitute nearly half of all recorded crime. Last year they increased by 9% to breach the four million mark, although the survey suggests that fewer than 20% of frauds are ever reported. Simultaneously, organisations that investigate large-scale fraud, such as the National Crime Agency and the Serious Fraud Office, are routinely regarded by commentators as underfunded, understaffed and – at times – unable to cope. Continue reading “Market Report: Fraud – Sleight of hand”
Despite efforts to minimise the level of construction disputes, adjudication, litigation and arbitration are all flourishing. Dominic Carman reports
While there are many relevant statutes and a significant body of case law, construction disputes benefit from having a single overarching piece of legislation: the Housing Grants, Construction and Regeneration Act 1996, commonly known as the Construction Act. In some recent decisions, judges have increasingly endeavoured to broaden the ambit of the act, which was last amended in 2011, to capture a wider range of construction activities as the sector continues to recover from a turbulent political period. Continue reading “Market Report: Construction – Building a case”