6jun21 / 17 posts found

Independent UK retailers claim £1bn damages against Amazon

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Independent UK retailers have launched the biggest ever retail class action with a £1bn claim for damages against Amazon, which they allege has been pushing them out of its online marketplace. The claim, brought by about 35,000 sellers and headed by the British Independent Retailers Association (Bira), asserts that between October 2015 and the present day, Amazon used non-public data belonging to the retailers to inform the launch of its own rival products. It also alleges that Amazon manipulated access to its “buy box”, where most sales on the platform take place, to divert shoppers away from independent retailers to […]

Litigation funding supports the public interest, major research finds

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Mulheron: Funding supports the regulatory objectives Litigation funding supports the public interest and access to justice but will remain niche in aiding consumers, according to major research which identified 44 cases in the last five years. It also highlighted a risk of litigation funding being used for economic crime – where it is difficult for law firms to know the ultimate source of funds used by their litigation funder – but suggested this risk was currently more theoretical than real. The Legal Services Board (LSB) commissioned Professor Rachael Mulheron KC (Hon) of Queen Mary University in London, the leading academic […]

How To Balance Work And The Litigation Process With A Difficult Ex

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As a divorce and family law attorney based in New York, I have witnessed firsthand the challenges and emotional toll that professionals can face during a divorce or custody battle. In my career, I have taken on challenging cases and understand the unique challenges individuals and families encounter during divorce or separation proceedings. In a world where we strive to separate our personal and professional lives, legal processes can be especially challenging to navigate while in a leadership position. A common challenge I’ve seen many individuals face when dealing with divorce or custody issues is a spouse who exhibits narcissistic […]

Three Ways CISOs Can Lower The Risk Of Personal Litigation

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Michael Nicosia, COO and co-founder at Salt Security. We live in a litigious world, and the technology industry is no different. Almost as soon as Meta released Threads, Twitter threatened a lawsuit. Meanwhile, an ongoing antitrust battleground is the norm for the most prominent global technology companies, including Google, Alphabet, Amazon and Microsoft, amid M&A activities. Other technology and VC companies have also spent their time in the courtroom as a result of charges related to gender and racial discrimination. However, there’s a new litigation trend in town with disturbing ramifications. Several high-profile CISO/CSO lawsuits have hit the news recently, […]

Q2 Earnings Soar, But Litigation Looms On Horizon

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Johnson & Johnson has been ordered to pay nearly $19 million in damages by a California to a mesothelioma victim The company has proposed a $8.9 billion settlement to end tens of thousands of cases and stop new ones from coming through The stock declined at the news, but gained 6% at the upbeat Q2 earnings report Big Pharma stalwart Johnson & Johnson suffered a blow to its talc litigation defense when a California court determined the company must pay a 24-year-old man nearly $19 million in damages. The victim had developed cancer from a Johnson & Johnson baby talcum […]

Separating parents could be forced to go to mediation under Raab plans | Family law

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Thousands of children in England and Wales could be protected from witnessing their parents pitted against each other in the courts under proposals to legally enforce mediation for separating families. Mediation would become mandatory in all suitable low-level family court cases excluding those which include allegations or a history of domestic violence under the proposals, the Ministry of Justice (MoJ) has said. This will mean separating couples have to attempt to agree their child custody and financial arrangements through a qualified mediator, with court action being a last resort. It is hoped the move would help up to 19,000 separating […]

Proposed new disclosure obligations on alleged product defects for defendants in product litigation …

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One of the main issues addressed in the Proposal for a Directive of the Parliament and of the Council on liability of defective products (“PLD Proposal”) is proportionality, described as a careful balance between the interests of industry and consumers. In the press release the European Commission notes that by requiring manufacturers to disclose evidence and sanctioning failure to do so with a rebuttable presumption of product defect the PLD Proposal aims at putting consumers on an equal footing with manufacturers. According to the European Commission, the evaluation of the existing PLD identified the burden of proof resting on the […]

Good news for international defendants facing litigation in Spain – Three recent court decisions…

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Since the enactment of the 1978 Spanish Constitution, the Spanish Constitutional Court has steadily protected service of claims on the defendants as part of the human right to a fair process. The peak of this protection was reached in Judgments 6/2019, 47/2019, 40/2020 and 50/2021, in which the Constitutional Court indicated that service of claims could not be achieved through e-mail communication to the e-mail address used for communications with the Spanish Tax Administration. For those non-Spanish defendants being a party to Spanish proceedings, three recent judgments by the Constitutional Court have declared the lack of validity of some recourses […]

Linkage Between Personal Insolvency and Litigation

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The High Court has held that disclosure of debts and undertakings given to the Circuit Court in seeking a protective certificate for a personal insolvency arrangement can be relied on in other proceedings. Background The McLaughlins were engaged in a long running saga of litigation with Bank of Scotland plc (“BOS”) and, after a loan sale, Ennis Property Finance Limited (“Ennis”). In 2016 they issued High Court proceedings against Ennis and Tom Kavanagh (the “Plenary Proceedings”). In 2019, the McLaughlins sought to avail of a personal insolvency arrangement. The solicitors for Ennis requested the McLaughlins’ personal insolvency practitioner to bring […]

How Can Emerging Tech Companies Build a Business to Avoid Litigation? | Orrick, Herrington & Sutclif…

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Disputes with vendors, business partners, customers and employees are inevitable. However, they are not top of mind when an emerging tech company has its sights set on growth. Many contentious issues can be avoided or reduced with attention to a few key areas that can ensure your next simmering disagreement doesn’t boil over: 1) Consider Your Terms of Service. 2) Carefully Draft and Review Provisions. 3) Be Thoughtful and Professional in Communications. 1) Consider Your Terms of Service. From Every Perspective. Remember that your terms of service govern both your customers and you. Know your audience and draft accordingly. When drafting for consumers, […]