11/01/2022
English Court's Beacon for Mutual Recognition and Enforcement of Judgments Positively received by UAE MOJ
It remains to be seen what practical impact the MoJ’s letter will have on the decisions of the UAE courts
Court Cases
10/31/2022
Termination provisions: the English High Court continues to adopt a strict approach to contractual construction
The judgment is a useful reminder of how the English Courts approach questions of contractual construction and the strict approach that is generally taken.
10/28/2022
High Court orders parties in competition case to 'over-disclose' information
It comes after a number of significant issues were raised over the proposed disclosure process in the competition case
10/27/2022
Enforcement of assigned judgment debt refused by British Virgin Islands Court
The BVI nevertheless remains a creditor friendly jurisdiction, and as the obiter comments made by the Court in relation to the public policy defence show, the Court will assist creditors where possible, even if the outcome may be imperfect.
10/27/2022
Trustees’ Rights of Indemnity: Who Takes Priority?
The law of Jersey applied in both cases
10/26/2022
Dechert’s Client IOENGINE Wins Order in Western District of Texas Denying Motion to Transfer Venue in Patent Suit
In denying Roku’s motion to transfer venue, the Court agreed with Dechert’s argument that Roku’s motion was undermined by a lack of candor.
10/20/2022
Common Cause, represented by Southern Coalition for Social Justice and Hogan Lovells, files brief in voting rights case to be heard by the U.S. Supreme Court
The legal arguments made by the petitioners in Moore are untenable and incoherent
10/17/2022
Directors’ duties on the precipice of insolvency: a brief overview of BTI 2014 LLC v Sequana SA
Sequana is the first time the UKSC has adjudicated on the circumstances
10/11/2022
Supreme Court rules on directors duty to act in interests of creditors
The payment of the dividend meant that AWA had significantly fewer assets available to pay under its indemnity obligations.
10/10/2022
BTI v Sequana – directors must continue to be aware of creditors' interests on the road to insolvency
Although decisions of the UK Supreme Court are not binding upon the jurisdictions in which Ogier practises law
10/10/2022
UK Supreme Court decision offers relief to directors of insolvent companies
At the time the dividend was paid, AWA was apparently solvent on both a balance sheet and a cash flow basis
10/07/2022
Scottish court confirms power of ADR decision makers
The judgement also indicates that how the terms of dispute resolution clauses in contracts are drafted can have a major impact on how the courts will interpret and enforce them.
10/04/2022
Seahawk China Dynamic Fund: Grand Court dismisses application to wind-up on the just and equitable basis
The Court considered whether the need for an investigation into the affairs of a company could be a stand-alone ground for presenting a winding-up petition.
09/28/2022
Litigation case update: when will a parent company have to give disclosure of a subsidiary's documents?
The case provides both a succinct summary of the law in this area and practical guidance on how the Court will approach the competing evidence of the parties when a specific discovery application is made against a parent company seeking documents held by
09/28/2022
Hogan Lovells notches antitrust trial win, helps defeat DOJ challenge to UnitedHealth–Change Healthcare merger
The Hogan Lovells team represented UnitedHealth Group from the beginning of DOJ’s investigation of the transaction in early 2021 through trial in August 2022.
09/27/2022
Hogan Lovells files amicus brief on behalf of organizations seeking to prevent gun violence in Washington, D.C.
The brief explains that the Metro firearms ban is consistent with the Supreme Court’s Bruen decision and historical practice because the Metro is a “sensitive place” unsuited to the routine carrying of guns.
09/26/2022
The value of effective alternative dispute resolution clauses
The Scottish parliament and other bodies have the likes of mediation on their reform agenda, and in recent years have been consulting on possible legislation to promote its use.
09/23/2022
Escalation clauses in Hong Kong-seated arbitrations
If any dispute cannot be resolved amicably within sixty (60) business days of the date of the Party's request in writing for such negotiation
09/15/2022
Jersey Royal Court clarifies and affirms the Jersey test for rectification
This is a significant decision for trust practitioners to be aware of
09/14/2022
White & Case Files Supreme Court Amicus Brief on Behalf of the Computer & Communications Industry Association Addressing Important Class-Certification Issues
Other circuits have reached similar conclusions and most district courts follow Asacol, creating a circuit split and making the Ninth Circuit the outlier when addressing this important class-certification issue.