Mondaq.Com - feed of articles on Litigation, Mediation & Arbitration

Worldwide: Global Anticorruption Alert: DOJ Targets Pharmaceutical Industry And Individuals For FCPA Enforcement - Jones Day

Fri, 20 Nov 2009 00:00:00 GMT

Enforcement of the Foreign Corrupt Practices Act ("FCPA") continued to grow last week.

Australia: Class Actions By Franchisees – Made More Difficult - Middletons

Fri, 20 Nov 2009 00:00:00 GMT

The 2009 decision of the Full Court of the Federal Court in Brookfield Multiplex Ltd v International Litigation Funding Pty Ltd has cast some doubt about the role and regulation of litigation funding in class actions in Australia.

Turkey: The Enforcement Procedure Of Arbitral Awards In Turkey - ADMD

Fri, 20 Nov 2009 00:00:00 GMT

Foreign judgments including the ones from arbitration courts or tribunals become recognizable under Turkish law via separate judgment of the Turkish Courts called ‘recognition and enforcement decisions’ ("in Turkish the procedure is named ‘tenfiz’").

United States: Expert Opinions And Liabilities - Withers LLP

Thu, 19 Nov 2009 09:45:09 GMT

The art expert does not render an opinion about the value or authorship of art without risk

United Kingdom: Waiting For A Verdict: The Jury Is Out On The SFO's New Prosecution Policy - Corker Binning

Thu, 19 Nov 2009 09:45:08 GMT

The Serious Fraud Office (SFO) recently published its policy on dealing with UK companies suspected of having committed offences involving overseas corruption.

United States: Supreme Court Holds Oral Argument In "Bilski v. Kappos" - O'Melveny & Myers LLP

Thu, 19 Nov 2009 00:00:00 GMT

Today, the Supreme Court held argument in the closely watched "business method patent" case, Bilski v. Kappos. The Court appears poised to rule that the business method claim at issue is not the valid subject of a patent.

United Kingdom: Sigma Finance & Pari Passu Wins The Day - CMS Cameron McKenna LLP

Thu, 19 Nov 2009 00:00:00 GMT

The Supreme Court has not allowed a clause in a Security Trust Deed dealing with the distribution of assets in Sigma Finance Corporation (Sigma) between "experienced commercial operators advised by expert lawyers" to permit the preferential distribution of certain assets.

United Kingdom: "Litigation Triage" Of Civil And Commercial Claims: Do You Need To Bring A Claim At Once Or Can You Safely "Bank" It For The Future? - Goodman Derrick LLP

Thu, 19 Nov 2009 00:00:00 GMT

"Triage" is a medical practice that originated on battlefields and is now also used in hospital emergency departments. Its aim is to prioritise casualties, so as to enable treatment to be given first to the most urgent cases and to use available resources in the most effective way.

Canada: Contracts — What’s In A Word? What’s The Standard Of Review? - McCarthy Tétrault LLP

Thu, 19 Nov 2009 00:00:00 GMT

The Concise Oxford Dictionary, 7th edition defines "contract" as "an agreement enforceable at law," and "word" as "any sound or combination of sounds (or its written or printed symbol) forming a meaningful element of speech, conveying an idea or alternative ideas…"

United States: Pennsylvania Court Considers Appropriate Balance Between Electronic Discovery And Privacy - Cozen O'Connor

Wed, 18 Nov 2009 00:00:00 GMT

Requests for electronically stored information ("ESI") often raise privacy concerns for counsel and clients. Courts are increasingly being called on to balance those privacy concerns against the interests of parties seeking information with which to litigate their disputes.

United States: Electricity Delivery And Stranded Cost Charges Are Taxable - Cozen O'Connor

Wed, 18 Nov 2009 00:00:00 GMT

The Pennsylvania Supreme Court held that after deregulation of the electricity industry, charges by a distribution company for the transmission of electricity and for stranded costs are taxable for Sales and Use Tax purposes.

United Kingdom: Let The Agent Beware - Rosenblatt Solicitors

Tue, 17 Nov 2009 14:06:24 GMT

It has long been established that an agent cannot place himself in a position where his own interests conflict with those of his principal, and that that an agent cannot profit at the expense of his principal.

Canada: New Wireless Entrant Fails to Satisfy Canadian Ownership Rules - Fasken Martineau

Tue, 17 Nov 2009 00:00:00 GMT

On October 29, 2009, the Canadian Radio-television and Telecommunications Commission (CRTC) issued its decision respecting the eligibility of Globalive Wireless Management Corp. (Globalive) to operate as a telecommunications common carrier in Canada.

United States: Federal Rule Changes To Impact Timing Requirements, Indicative Rulings, Summary Judgments And Amending Of Pleadings - Duane Morris LLP

Tue, 17 Nov 2009 00:00:00 GMT

Many of the Federal Rules of Civil Procedure ("F.R.C.P.") will effectively change by the end of 2009, including provisions that impact timing requirements, indicative rulings, summary judgment and amending of pleadings.

United Kingdom: The Illegality Defence - Not Always A Complete Bar To Recovery - CMS Cameron McKenna LLP

Tue, 17 Nov 2009 00:00:00 GMT

In a recent judgment, the High Court has revisited the principle that a claimant cannot rely on its own illegal act to make a claim (the illegality defence).

United States: California Appellate Court Upholds Order Denying Class Certification, Primarily Relying on Individualized Nature of Damages Inquiry - Mayer Brown

Tue, 17 Nov 2009 00:00:00 GMT

In "Evans v. Lasco Bathware, Inc.", the California Court of Appeal affirmed the denial of class certification in a lawsuit over allegedly defective products.

Canada: Strict Compliance With Letter Of Credit Not Always Enough – Fairness And Equity In Letter Of Credit Transactions - Borden Ladner Gervais LLP

Tue, 17 Nov 2009 00:00:00 GMT

In the recent decision of "Nareerux Import Co. Ltd. v. Canadian Imperial Bank of Commerce", the Ontario Court of Appeal considered principles of fairness and equity in letter of credit transactions.

Canada: Important Developments In Class Action Law – Ontario Court Provides Relief From Burdens Of Disgorgement And Punitive Damage Claims - Blake, Cassels & Graydon LLP

Tue, 17 Nov 2009 00:00:00 GMT

On October 20, 2009, Justice Perell of the Ontario Superior Court released two decisions in class proceedings that provide some relief to defendants from the excessive burdens of class actions and that may signify a trend for future cases where a disgorgement remedy and punitive damages are claimed.

United Kingdom: Professional Negligence Briefing: Late Service Of Claim Forms – A Risky Practice - Withers LLP

Mon, 16 Nov 2009 09:00:09 GMT

The service of claim forms is, time and again, a cause of professional embarrassment as the courts insist on timely and correct service on defendants.

United Kingdom: Court sides with PPF in "Ilford" case - Mayer Brown

Mon, 16 Nov 2009 00:00:00 GMT

The High Court has ruled in "Independent Trustee Services Limited v Hope & others" that a proposed arrangement which would have "selected against" the Pension Protection Fund would not be a proper exercise of a trustee’s powers.

Australia: Apportioning Liability In Claims Against Valuers – St George Bank Limited v Quinerts Pty Ltd - Gadens Lawyers

Mon, 16 Nov 2009 00:00:00 GMT

In the current market, lenders often seek to recover shortfalls on the sale of security property from valuers.

Canada: Appeal Court Finds No Defamation Liability For Hyperlinking - McCarthy Tétrault LLP

Mon, 16 Nov 2009 00:00:00 GMT

In Crookes v. Newton, the BC Court of Appeal recently considered whether hyperlinking to another website or article that contains defamatory material gives rise to liability for defamation.

United Kingdom: Pre-Nups And Post-Nups - Speechly Bircham LLP

Fri, 13 Nov 2009 00:00:00 GMT

The last 12 months have proved somewhat eventful in the field of pre-nuptial and postnuptial agreements: the age of the latter has now dawned; and the dawning of the former, which occurred some time ago, has now reached the public consciousness.

United States: Words Matter: Financial Advisors Need To Be Careful Using Form Engagement Letters - Duane Morris LLP

Fri, 13 Nov 2009 00:00:00 GMT

Financial advisors may be held liable to third-party beneficiaries for breach of contract and fiduciary duty claims based in part on the specific language in a form public-company engagement letter that was used for a private company transaction.

United States: Supreme Court Agrees To Decide Split On NLRB’s Authority To Act With Two Members - Cozen O'Connor

Thu, 12 Nov 2009 00:00:00 GMT

On November 2, the Supreme Court agreed to decide whether the National Labor Relations Board can decide cases with its current complement of only two Board members.