6jun21 / 10 posts found

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, […]

Real-World Litigation Effects of Energy Contract Clauses: ‘No Waiver’ Clauses | Morgan Lewis – Power…

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Authored by litigators from our energy team, the Not Just Boilerplate series on Power & Pipes provides real-world examples of the impact that certain contract clauses can have on energy companies. Whether in repeat form agreements, employment agreements, or heavily negotiated one-off deals or mergers, there can sometimes be a tendency to just “grab” clauses from prior agreements, with the thinking that “it has always worked before . . .” Our energy lawyers have experience with a wide array of litigation matters that have turned on various common contract clauses, some of which may have not received much attention at […]

Unknowns of Litigation Could Outweigh the Possible Rewards

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When my co-op and condo board clients decide to start a lawsuit against one of their tenant-shareholders or unit-owners, they want to know what the litigation will be like. Will they win? How long will it take? How much will it cost? The answers to those questions are rarely satisfying because litigation can be uncertain, inefficient and expensive. Here are the five questions co-op and condo boards need to ask — and answer — before they file a lawsuit. What is our likelihood of success? The answer to this question obviously depends on the specific facts and circumstances, but here […]

Why businesses should opt for mediation to solve rows

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Personal Finance Why businesses should opt for mediation to solve rows Monday March 28 2022 By CATHY MPUTHIAMore by this Author Summary More businesses are becoming litigious owing to better awareness of the law and their rights. Litigation is very costly and it includes the cost of legal and court filing fees. Experts have noted that reduction of civil litigation cost does not only require the legal department to stay within its budget but also the company to monitor the cost of litigation. A survey of Fortune 500 companies found that they had spent $210 billion on litigation between 2012-2013. […]

Worried about litigation? It's time to fight the fear – Dentistry – Dentistry.co.uk

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Mahmood Mawjee talks about the stress of litigation in dentistry and how dentists can mitigate the fear and the associated stress. For the past few years, litigation has been rising in UK dentistry. It has become an immense source of stress for many dental professionals, who – despite always acting in their patients’ best interests – worry about getting complaints. The reality is that current regulations protect the public far more than the profession. This can leave clinicians feeling vulnerable. Remove pressures Dr Mahmood Mawjee believes these concerns about litigation start very early on in a dentist’s career: ‘As soon […]

Russian billionaire settles with ex-wife five years after £450m payout ruling

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After almost five years of fighting a high court ruling that awarded the UK’s largest ever divorce payout, a Russian billionaire has reached a settlement with his ex-wife. Farkhad Akhmedov and Tatiana Akhmedova have been embroiled in the most expensive family feud in history since a London high court judge awarded Akhmedova a £450m divorce payout in 2017. Akhmedov, who’s name appeared on the US’s “Putin list” in 2018 of officials and oligarchs close to the Kremlin, did not pay the 41.5% share of the couple’s £1bn-plus marital assets, calling the ruling “wrong and misguided”. Akhmedova took legal action in […]

Can this US healthcare litigation company really be worth $33bn?

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When John Ruiz invested in an apartment at the luxury waterfront Ritz-Carlton Residences in Miami Beach earlier this year, he encountered the man who would later help to make him a billionaire multiple times over — at least on paper.  The apartment’s co-investor was Ophir Sternberg, a wealthy property developer and founder of Lionheart Capital, who together with the hedge fund Elliott Management had transformed the former heart hospital into a collection of luxurious residences. Villas at the property, designed by the Italian architect Piero Lissoni, enjoy a private marina and sell for as much as $40m each. It would […]

Litigation Minute: What to Do When Your Company Is Threatened with a Consumer Class Action

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS You are in-house counsel for a consumer-facing company, and you have just been handed a letter from a plaintiff’s firm you’ve never heard of, threatening to file a class action over labeling, advertising, a company policy, or an alleged defect in your consumer product. What do you do? Know you are potentially at risk Any consumer-facing company is a potential target for a consumer class action, this includes manufacturers, suppliers, and potentially others within the chain of distribution. In recent years, consumer class actions have run the gamut from claims […]

English court finds litigation privilege in documents obtained by deception – Lexology

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The ruling clarifies that a litigant can withhold disclosure of communications even if the other person was unaware that the communication was for a privileged purpose. In recent years, the English court has examined litigation privilege carefully. However, no aspect has been the subject of more scrutiny than the requirement that documents that a litigant seeks to withhold must have been prepared for the “dominant purpose” of preparing for litigation. In Ahuja Investments Limited v. Victorygame Limited and Surjit Singh Pandher, the court considered a situation in which one party to an exchange of correspondence withheld from the other their underlying […]