“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 […]

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 […]

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 […]

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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