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Hong Kong Court of Appeal Addresses the Effect of Exclusive Jurisdiction Clauses on Insolvency Proceedings

This is the first reasoned decision in Hong Kong addressing the effect of exclusive jurisdiction clauses on insolvency proceedings.

Can the controllers of crypto exchanges in offshore jurisdictions be held liable for the funds stolen by crypto fraudsters through those exchanges?

One of the most significant developments from the decision stems from the Court's ruling that there was a good arguable case that Mr D'Aloia has a claim not only against the fraudsters who stole his cryptocurrency

SCOTUS grants cert in FBAR penalties case

The trial court originally sided with Bittner but was reversed by the appellate court.

Qualelect case ‘another cautionary tale’ regarding adjudication enforceability

This was the case in yet another matter which was brought before Judge Windell in the Gauteng Local Division of the High Court, Johannesburg, in Qualelect Investment Holdings v Belo Kies.

California Attorney General’s Office Announces First Public CCPA Enforcement Action

Aggressive enforcement may be on the horizon now that businesses have had more than two years to comply with California’s landmark privacy law.

Grand Court further develops insolvency test for Cayman Islands segregated portfolio companies

The test is not on all fours either with the classic formulation of the balance sheet test, or the traditional cash flow test applied in relation to the winding up of other Cayman Islands companies.

Scots court issues ‘timely reminder’ on interpretation of terms in contracts

McLure remains a 40% shareholder in the company, which provides support services to the oil and gas industry.

Dentons litigation team secures favorable judgment for CoBon

The ruling denied contract claims/counterclaims

Hogan Lovells files amicus brief urging United States Supreme Court to reject a challenge to Colorado Anti-Discrimination Act

Website design company 303 Creative LLC seeks to offer wedding website services in Colorado but wants to refuse to provide these service to same-sex couples in violation of CADA.

Change to procedure in English court could help victims of crypto fraud

Cryptocurrency fraud claims have increased in volume significantly over the last 12 to 18 months

Hong Kong court: form of demand all important for call on bond

Consequently, the demand was held to be invalid and the Court of Appeal allowed the appeal and set aside the summary judgment that had been given in favour of WKCD at first instance.

Keep it brief: a reminder from the Court on the benefits of brevity

“As a general matter, the expeditious production and delivery of a judgment is to be applauded, not criticised; and concision in a judgment is a quality, not a defect.”

Update article – MDW Holdings Limited v James Norvill and others [2022] EWCA Civ 883

On the issue of quantum, we noted that the court ordered the Seller to pay the Buyer £382,600, representing some 30% of the amount claimed.

Norton Rose Fulbright represents army officer in Military Pay Act case

The US Court of Appeals for the Federal Circuit sided with LTC Hirsch’s interpretation, overturned the lower court decision of the US Court of Federal Claims and found that LTC Hirsch met the criteria of section 14706, when properly interpreted.

Snapshot: Jersey's impounder restrictions in relation to discretionary trusts

Ogier appeared for eight out of 12 of the third parties to the claim and were successful in striking out the trustee's claim for impounder under the Trusts Law.

Success for Mishcon clients, Diag Human SE and Mr Josef Stava, as the High Court rules that CFA fees cannot be collected under an unenforceable retainer

The CFA entered into with Diag and Mr Stava was deemed by the Court to be "wholly different" in nature to the retainer signed previously with Diag alone.

Court Cases