June 2021 / 16 posts found

Climate litigation undermines democracy

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‘Since the beginning of climate negotiations, it has been hard to compel governments to make large promises and deliver on them’ Despite intense climate worries, electorates have been unwilling to spend the trillions needed to cut emissions dramatically. That is why climate campaigners have increasingly pursued a new strategy: forcing climate policy through courts. Across the world, the UN now counts at least 1,550 such climate cases in 38 countries, often filed by young people invoking a fear for their future. Unfortunately, such cases undermine democracy, harm the poor and sidetrack us from smarter ways to fix the climate. Since […]

Crypto Goes Corporate: Litigation Sure To Follow – Forbes

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Crypto Goes Corporate: Litigation Sure To Follow Until recently, cryptocurrencies appeared to be far from the kind of institutionally sound investments that would be attractive to CFOs looking to diversify a corporate portfolio. Once seen as gimmicks for unsophisticated retail investors, many of whom purchased cryptocurrencies based on obscure internet nomenclature, nonsensical children’s songs, or even notable hip-hop artists, few would expect the notoriously volatile electronic currencies to find their way into corporate treasuries. The joke appears to be over, or perhaps is just beginning to turn stale. As executives have sought to stash excess corporate cash into electronic currencies, the novelty assets […]

Why Event-driven Securities Litigation Has Become A Thing—and A Lucrative One Too – Corporate/Commer…

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If Matt Levine has a mantra in his “Money Stuff” column on Bloomberg, it’s this: everything is securities fraud. “You know the basic idea,” he often says in his most acerbic voice, “A company does something bad, or something bad happens to it. Its stock price goes down, because of the bad thing. Shareholders sue: Doing the bad thing and not immediately telling shareholders about it, the shareholders say, is securities fraud. Even if the company does immediately tell shareholders about the bad thing, which is not particularly common, the shareholders might sue, claiming that the company failed to disclose […]

Is IPR litigation good for the world? – Lexology

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“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 […]

Climate Litigation Cases Booming After Paris Agreement – Often Led by Young Activists – Insurance Jo…

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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 […]

Litigation Minute: Bankruptcy Issues with Respect to Vendors and… – The National Law Review

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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 […]