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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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, […]