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 …
Category Archives: 6jun21
Linkage Between Personal Insolvency and Litigation
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 …
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How Can Emerging Tech Companies Build a Business to Avoid Litigation? | Orrick, Herrington & Sutclif…
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 …
Real-World Litigation Effects of Energy Contract Clauses: ‘No Waiver’ Clauses | Morgan Lewis – Power…
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 …
Worried about litigation? It's time to fight the fear – Dentistry – Dentistry.co.uk
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 …
Russian billionaire settles with ex-wife five years after £450m payout ruling
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 …
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Can this US healthcare litigation company really be worth $33bn?
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, …
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Litigation Minute: What to Do When Your Company Is Threatened with a Consumer Class Action
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 …
English court finds litigation privilege in documents obtained by deception – Lexology
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 …