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Ointment for Mosquito Bites – English Court upholds exclusion clause in aircraft purchase agreement; statutory limitations do not apply
30 March 2012
Publication
Air Transworld Limited v Bombardier Inc [2012] EWHC 243 involved a Gibraltar company, Air Transworld Limited ("ATL"), and the Canadian manufacturer, Bombardier Inc. ("Bombardier"). ATL was controlled by Mr. Antonio Mosquito, an Angolan...
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European contract law: draft code published
25 May 2011
Publication
The European Commission wants a European contract law. As part of its long march towards this nirvana, it has published and asked for comments on a "feasibility study" (ie a draft contract code). This is the first time that the Commission has officially...
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Supreme Court Hears Oral Arguments in Erica P. John Fund v. Halliburton
4 May 2011
Publication
On April 25, 2011, the US Supreme Court heard oral arguments in Erica P. John Fund v. Halliburton (No. 09-1403), a private securities fraud case that may have lasting impact on class action lawsuits in the United States. One of the key questions in the case is...
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Two years on from the Civil Justice Reform: Reducing delay in litigation and facilitating out-of-court settlements
9 May 2011
Publication
The 2nd of April 2011 marked the two year anniversary of the substantial statutory reform to the practice and procedure of the Hong Kong Court system: the so-called "Civil Justice Reform" (CJR). The CJR's underlying objectives - which parties have a duty...
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Cross-Border Litigation Series: CFTC Requests Comment on its Proposed Interpretations of Statutory Disruptive Practices
29 March 2011
Publication
As part of last year’s financial reform legislation, the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), Congress amended the Commodity Exchange Act (“CEA”) to prohibit three trading practices it deemed...
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Cross-Border Litigation Series: Two Federal Appeals Courts Weigh in on Corporate Liability under the ATCA
4 August 2011
Publication
The question of corporate liability under the Alien Tort Claims Act ("ATCA") continues to divide US federal courts, increasing the likelihood that the US Supreme Court addresses the issue in the near future.
Under the ATCA, foreign plaintiffs have filed...
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Datenschutz und E-Discovery
31 January 2011
Publication
In den letzten Monaten häufen sich die Fälle, in denen deutsche Unternehmen
im Zusammenhang mit gerichtlichen oder behördlichen Verfahren
in den USA zur Vorlage von Informationen und Dokumenten aufgefordert
werden. Typischerweise kommt es dabei zu...
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CROSS-BORDER LITIGATION SERIES: Lower Courts Extend Morrison But SEC Asserts Dodd-Frank Act Overrules Morrison for Enforcement Actions
3 February 2011
Publication
Approximately six months ago, the United States Supreme Court in Morrison v. National Australia Bank Ltd. changed the paradigm for extraterritorial application of Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"). The Supreme Court...
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OECD Governments Lead on Business and Human Rights
10 June 2011
Publication
Revisions to the OECD Guidelines for Multinational Enterprises effective 25 May 2011 include a new Chapter IV dealing with human rights. This is a significant development, particularly in view of the possibility for persons whose human rights are impacted by an...
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Second corporate manslaughter prosecution gets underway
8 July 2011
Publication
On Friday 1 July the CPS announced that Lion Steel Ltd is to be charged with Corporate Manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007 ("the CMCHA"). This follows the death of one of its employees after he fell through a...
