“Copyers are no better than the Lowest of Robbers” William Hogarth & Ors 1735 “Copyright is for losers” Banksy, 2006 In the first part of our reflections on IP for world IP day, Michael Edenborough QC asked “are IPR good for the world”? Another question, less frequently addressed head-on, is whether if the subsistence of IPR is good for the world, does it follow that enforcement of those rights is also good for the world? Whilst it may seem that the two questions must be answered together, the commercial reality is more nuanced and poses further questions. What might be […]

Whatsapp chat rooms and Telegram channels across Germany lit up in the early hours of April 29. Young people frantically exchanged messages in a tone that went from disbelief to surprise to euphoria. The country’s highest court had just ruled that the government’s 2019 climate law was incompatible with fundamental rights, a victory for the nine young German activists that filed the lawsuit and for the global youth climate movement. Over the next few days, it also changed the course of Germany’s politics, economy and climate strategy for the next three decades. “For us it has been rather shocking, we […]

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS Companies should anticipate the possibility that they will find themselves in a situation where a vendor, customer, or other contract counterparty commences a bankruptcy case pursuant to Title 11 of the U.S. Code (the Bankruptcy Code). The ongoing COVID-19 pandemic has caused economic stress to a wide variety of business sectors, and it has underscored the risk that a contract counterparty may file for bankruptcy. Bankruptcy effect on vendor and supply contracts Vendor and customer contracts are subject to disruption or involuntary modification in bankruptcy. Contracts with ongoing duties of […]

In our last issue of International Quarterly, we discussed a recent TCC decision concerning the extent of an expert’s duties to their client. In January 2021, the Court of Appeal released its judgment on the appeal of that case. While the outcome of the decision was consistent with the TCC, there were several differences in reasoning that warrant discussion, including importantly a rollback on the TCC’s view that an expert owed a fiduciary duty of loyalty to its client. The case first came before the courts when the developer of a large petrochemical plant in Asia (the Developer) sought an […]

Third-party funding is not new; however, it is about to enter a period of unprecedented global growth – notably in Spain and Latin America. The measures implemented by governments in response to COVID-19, coupled with the rapid economic downturn and ongoing uncertainty arising from the pandemic, have created the perfect storm. The outlook may seem bleak, but third-party funding offers a ray of hope for beleaguered boardrooms looking to maximize cashflow in this unpredictable period. Companies are finding themselves under increasing cash flow pressure. On the one hand, CEOs need to keep businesses running, but on the other hand they […]

Phillip M. Aurentz (left) and Aimee P. Fagan (right), partners with Sidley Austin (Courtesy photos) Little creates as much havoc in civil litigation as an ill-conceived or misunderstood protective order. Yet many parties rush through the process of negotiating and preparing a protective order, often delegating the task to young associates with little experience in identifying and surviving the pitfalls associated with them. There is no good substitute for experience. But careful consideration of the dozen questions posed below will help avoid some of the more common rookie mistakes. (1) How many and what confidentiality tiers are appropriate? Protective orders […]

Since we have been working together as divorce mediators for almost 14 years, my partner Brian James and I have started to see divorce mediation themes which arise and enable us to advise our clients on best practices and ways to deal with certain issues and roadblocks in the mediation process.   Here are three divorce mediation issues we see most often:   1. Clients who stand firm on an issue and refuse to budge.   In my professional opinion, the biggest obstacle to success in divorce mediation is when a client stands firm on an issue and refuses to […]

Part Two of my series on Effective Mediation Techniques for Complex Cases focuses on the timeline and mechanics of such mediations and includes an analysis of in-person vs. Zoom or other virtual platforms for mediations. Timeline for Effective Mediations in Complex Cases I begin with the assumption that the parties in any complex case wish to avoid trial and resolve their disputes wherever possible. It is my experience that most parties are not in the business of litigation and find it undesirable and costly. I also observe that there are no mediation preparation rules nor is there any template for […]

Employees who leave and take confidential information with them sometimes use the excuse that they needed for the purposes of litigation – litigation they are planning to bring against you, such as a whistleblowing claim. Is that a good reason for taking your most valuable assets? Is there anything you can do to protect the business from that happening? A useful case has been handed down by the High Court on this very point – it’s called Zoll Medical UK Ltd v Trebilcock where this is precisely what happened.  We will come onto the implications shortly but first the facts […]

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An Alternative to Litigation – Mediation and the Impact of Non-Verbal Communication An Alternative to Litigation – Mediation and the Impact of Non-Verbal Communication Notably there are those who espouse the point of view that when litigants are not able to access the justice system in a timely manner, they have in effect been denied justice.  One of the cornerstones of Western democratic societies has been the public’s – the citizenry’s access to justice regardless of their socioeconomic status, their educational status or their political point of view.  From an ethical perspective, individuals being able to reasonably participate […]

How has COVID-19 impacted this field? How are you helping clients respond to COVID-19-related issues? As usual, the plaintiff’s bar has been opportunistic and made the most of the situation. There have been a large number of filings related to contractual cancellations and delays that resulted from COVID-19, as well as refund and rebate class actions. If I had to guess, the number of consumer class cases has increased during the pandemic. I would think we will continue to see a lot of action in this area, as the full ramifications of COVID-19-related policies are just now materializing. For example, […]

One of the most often asked questions about equitable distribution of marital assets is how a retirement asset is divided between spouses. The answer depends largely on the type of retirement account being divided and what rules are associated with the retirement account. All retirement accounts are not alike. The first question that must be asked is what type of retirement account are you dealing with? Generally, retirement plans are one of two types: a defined contribution plan or a defined benefit plan. A defined contribution plan is a retirement plan in which the employee, or in the case of […]

The government is facing growing anger after voting against putting serial stalkers and domestic abusers on a national register, despite briefing they were likely to support the measures following the death of Sarah Everard. Conservative MPs voted against amendments to the domestic abuse bill on Thursday that would have placed serial domestic abusers and stalkers on the current Violent and Sex Offender Register (Visor). MPs also voted down House of Lords-supported amendments that would have given family court judges training on sexual abuse and provided greater protection to migrant victims of domestic violence. The stalking amendment gained overwhelming support in […]

What a year. I mean, really, where to begin? I’ve separated from my husband, for starters, plus I no longer wear heels higher than 0.5cm (the two are unrelated, I believe). I’ve been dying my grey roots using a weird mix of reds and gingers purchased at Superdrug throughout lockdown. Newly separated with badly dyed hair? Not exactly what I had in mind for my 47th birthday… It wasn’t always this way. I worked at Elle magazine in the Noughties, prior to which I was just plain naughty (see the whole of the 1990s for details). I’ve travelled the world, interviewing countless celebrities and […]

A woman says she divorced her husband after she claims he told “the most ridiculous lie I’ve ever heard” when she confronted him with a photo from a nightclub photographer. TikTok user Tylar Paige uploaded a series of videos, which have racked up more than 2.2 million views, as she explained that she spotted her partner in photos “with a bunch of girls” on the venue’s Facebook page. The man posed for the picture holding a shot in one hand and a bottle in the other – but it’s what was missing from his hand that was spotted by his […]

More than half of the prospective clients who call me are women.  Women tend to initiate divorce proceedings–including filing for divorce, more than men. Women, however, may not be completely prepared for the divorce process. During the first consultation(s) I have with a woman considering filing for divorce, there are certain things that I always want to share and explore.  This is especially important for women who may have stayed at home raising a family or for women who are not well-aware of their household finances. Here are five important things I share with women who are considering filing for […]

 “Did I do the right thing?” is probably a question that many newly separated and divorced men and women ask themselves. Even though in your heart you knew separating was the best thing, time starts to bring loneliness, emptiness and fear into the mix, and it’s easy to have second thoughts about divorce.   “Maybe it could work if we both…Maybe we could try counseling again and make it work this time….Maybe if I changed…Maybe if he changed…Maybe he’d be different if I went back…I don’t want to be alone!…I can’t handle life on my own, it’s just too scary…” […]

During lockdown divorce has boomed, hitting its highest point since 2014. But while recent circumstances have pushed many to breaking point, some splits will inevitably spark regret. This week, Gwyneth Paltrow revealed that she had not wanted to divorce her ex-husband, Coldplay singer Chris Martin. “I never wanted to not be married to the father of my kids, theoretically,” she explained. Singer Louise Redknapp also recently admitted that she’d been hasty in divorcing ex-footballer Jamie. “I just ran, as fast as the wind would take me,” she said. “I should have paused for a minute.” Whether or not the marriage […]

KELLY Clarkson admitted she can “NEVER imagine getting married again” after her nasty divorce from ex-husband Brandon Blackstock. She also recently admitted that she can’t stop crying over her failed marriage. 11 Kelly Clarkson revealed she can’t fathom going through another marriageCredit: The Kelly Clarkson Show 11 She asked Gwyneth Paltrow how she was able to get into a second marriageCredit: The Kelly Clarkson Show During Wednesday’s episode of The Kelly Clarkson Show where she talked to Gwyneth Paltrow, the mom of two congratulated the actress on getting married two years ago and having Steven Spielberg be her unofficial wedding […]