Chen Foley

Chen Foley

Sedgwick LLP

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Search Me: The Constitutionality of “Stop and Frisk” Policies

The constitutionality of the New York City Police Department’s (NYPD) “stop and frisk” policy (which resulted in thousands of pedestrians detained and patted down without reasonable suspicion) was the subject of intense...more

5/22/2014 - Fourteenth Amendment Fourth Amendment Police Stop and Frisk Warrantless Searches

Interaction fo Trustee Indemnities and Liability Insurance

When a trustee is sued for breach of trust and claims against his professional indemnity insurers, questions often arise as to the extent to which the trustee must first pursue any other rights of indemnity (for example...more

4/18/2014 - Estate Planning Liability Insurance Trustees Trusts

Round-up of Recent Decisions Relevant to Trustee and Protector Liability and Indemnities

There continue to be an increasing number of offshore Court judgments considering the nature and extent of an offshore trustee’s liability to third parties (including third parties in foreign jurisdictions), and the rights of...more

4/18/2014 - Estate Planning Trustees Trusts

Cyberliability Developments in the Offshore Jursidictions

The offshore jurisdictions are catching up fast with legal issues relating to cybercrime, cyberliability, and the use and discovery of electronic documents. In the wake of the embarrassing leak in April 2013 of about...more

4/17/2014 - Cyber Attacks Cybersecurity Data Protection Electronically Stored Information Foreign Jurisdictions

Offshore Lawyers' Liability: Recent Developments

Offshore lawyers (including international “offshore magic circle” firms, sole practitioners, high street firms, and boutique practices) are exposed to significant risks in the course of their work, particularly in the...more

4/17/2014 - Attorney Malpractice Law Practice Management Negligence Professional Liability Risk Assessment Risk Management

Cayman Islands: Contracts (RIghts of Third Parties) BIll 2014

Cayman’s Parliament is expected to enact a new Law that will give third parties who are conferred benefits under a contract, but who are not a party to it, the right to enforce the contract’s terms for their own purposes. ...more

4/16/2014 - Contract Drafting Third-Party Risk

Cayman Islands: Directors' Duties

The Cayman Law Reform Commission has issued a consultation paper on proposed legislative changes that could see a codification of directors’ duties, as is now the case in the UK. While recognizing the existing common law...more

4/16/2014 - Board of Directors Corporate Governance

Cayman Islands: Beneficial Ownership Register

The Cayman Islands government has recently concluded a consultation on a proposal to introduce a public register of the beneficial owners of Cayman-registered entities. The proposal has not been well received. The government...more

4/15/2014 - David Cameron Shareholders Taxation Transparency UK

Hong King: Companies Ordinance 2014 and Directors' Duties

A new Companies Ordinance (CO) came into effect in Hong Kong on 3 March 2014, which introduced a number of changes to the law on directors’ duties. ...more

4/15/2014 - Companies Ordinance D&O Insurance Directors Duty of Care Hong Kong Indemnification Liability Negligence

Which Courts Have Jurisdiction to Deal with Claims Against Offshore Trustees?

There have been a number of cases decided recently by offshore Courts (particularly in Jersey and Bermuda), in which the Courts have had to consider the scope of their jurisdiction to determine disputes relating to trusts...more

4/14/2014 - Cross-Border Estate Planning Jurisdiction Trustees

Litigation Funding in the Offshore World

Offshore litigation of claims against professionals may have entered a new era. Numerous recent decisions have blessed the use of commercial litigation funding and confirm that it should not offend rules against champerty...more

4/14/2014 - Litigation Funding Professional Liability

Offshore Fund-Related Litigation

Litigation against directors, officers and professional service providers, following the collapse of offshore funds and collective investment schemes such as Madoff and Weavering, continues to proceed in a variety of...more

4/11/2014 - Bernie Madoff Corporate Officers Directors HSBC JPMorgan Chase Liquidation Offshore Funds Restitution Securities Litigation Standstill Agreements Third-Party Service Provider UBS AG UK

Tax Information Exchange Litigation in Offshore Jurisdictions

There have been a number of decisions published recently by the courts in various international financial centres such as Bermuda, the Cayman Islands, Jersey and Singapore, that have considered the meaning and effect of...more

4/11/2014 - Confidential Information Foreign Jurisdictions International Litigation International Tax Issues TIEA

Getting the Deal Through – Anti-Corruption Regulation 2014: Bermuda

1. International anti-corruption conventions: To which international anti-corruption conventions is your country a signatory? - Bermuda is a self-governing British overseas territory, whose legal system is based...more

3/12/2014 - Anti-Corruption Compliance Corruption

Reinsurance Sidecars — Don’t Ride Without A Helmet

Reinsurance sidecars have become an established medium through which third-party capital is now accessing the reinsurance market, with more and more capacity being announced on an almost monthly basis. These special purpose...more

1/24/2014 - Indemnification Natural Disasters Reinsurance Severe Weather

Offshore Professional Risks - June 2013

Sedgwick’s Offshore Professional Risks practice offers a unique and global perspective on professional risk. As the only law firm in the world with offices in the key insurance jurisdictions of Bermuda, London and the U.S.,...more

6/25/2013 - Asset Protection Beneficiaries Corporate Governance D&O Insurance Disclosure Requirements Errors and Omissions Policy FATCA Hedge Funds Indemnity Insurance Nominee Directors Offshore Funds Rule in Hastings-Bass Settlement Trust Assets Trustees

Causation is Not Elementary, My Dear

Sherlock Holmes famously said, “when you have eliminated the impossible, whatever remains, however improbable must be the truth.” This reasoning has been adopted by trial judges seeking to resolve questions of causation. In...more

3/18/2013 - Burden of Proof Causation Evidence Insurers

English Court of Appeal Decision on Multiple Causes and Mitigation of Loss

In Ace European Group & Ors v Standard Life Assurance Limited, [2012] EWCA Civ 1713, the English Court of Appeal reaffirmed the principle that where a loss has multiple causes, the insured’s entitlement to an indemnity in...more

1/9/2013 - Apportionment Indemnification Loss Mitigation Professional Liability Short-Term Investments

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