Allen & Overy LLP

Release From Work Granted As From The Invitation To The Preliminary Meeting: Importance Of Wording! / Dispense Accordée Dès La Convocation À L’entretien Préalable : Attention À La Formulation !

The release from the obligation to work is only legally foreseen once the dismissal has been notified. Within the framework of a dismissal with notice, an employer may, for confidentiality reasons, want to release an…more
| International Law & Trade, Labor & Employment Law

"Weaknesses" In The IBA Guidelines On Conflicts Of Interest

There has recently been a push among some members of the international arbitration community to make the application of so-called “soft law”, such as the IBA Guidelines on Conflicts of Interest in International Arbitration (the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, International Law & Trade

The Construction Of Section 6(D) Of The 1992 ISDA Master Agreement And Close-Out Mechanics

In Videocon Global Ltd & Videocon Industries Ltd v Goldman Sachs International [2016] EWCA Civ 130, 15 March 2016, the English Court of Appeal has decided that the requirement to serve a statement of calculation “on or as soon…more
| Civil Procedure, Finance & Banking

Court Cannot Divide An Offer To Settle

In Sugar Hut Group Ltd & ors v A J Insurance Service [2016] EWCA Civ 46, 3 February 2016, the Court of Appeal over-ruled the High Court’s judgment about how costs should be awarded where a claimant succeeds on only part of its…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

Contractual Or Tortious Damages: What Is The Difference (And When Does It Matter)?

There are different measures for calculating damages depending on whether the claim is for a contractual or a tortious cause of action. Where both claims are available, a party is free to choose whichever measure produces the…more
| Business Organizations, Civil Procedure

Court Approves Use Of Predictive Coding In Large Disclosure Exercise

In Pyrrho Investments Ltd & ors v MWB Property Ltd & ors [2016] EWHC 256 (Ch) a Chancery Master has approved the use of “predictive coding” in a large disclosure process involving millions of electronically stored documents…more
| Civil Procedure, Electronic Discovery

Lessons From The First S7 UK Bribery Act Case

Sweett Group plc has been ordered to pay GBP 2.25 million in penalties after pleading guilty to a failure to prevent bribery. From a hotel in the United Arab Emirates to Southwark Crown Court, the reach of the “toughest…more
| Business Organizations, Civil Procedure, Finance & Banking, International Law & Trade

Investigating The Investigators – What Happens To Your Seized Privileged Documents?

A challenge to the SFO’s use of its seize and sift powers to process privileged documents failed in McKenzie, R (On the Application Of) v Director of the Serious Fraud Office [2016] EWHC 102 (Admin). The High Court permitted the…more
| Business Organizations, Civil Procedure

Brexit – Legal Consequences For Commercial Parties: Derivatives – Possible Implications

This article aims to highlight some of the areas in which Brexit may impact the derivatives markets and discusses possible documentation, regulatory and legal implications. However, it is important to note that the particular…more
| Business Organizations, Finance & Banking, International Law & Trade, Securities Law

Structuring Foreign Investments: Who Qualifies As An "Investor" Under A Bilateral Investment Treaty?

The decision in Gold Reserve Inc v Bolivarian Republic of Venezuela [2016] EWHC 153 (Comm) interprets the public international law concept of “investor” and is particularly relevant to those seeking to structure foreign…more
| Business Organizations, Finance & Banking, International Law & Trade

What You Need To Know About The FCA’s Business Plan For 2016/17

On 5 April 2016, the UK Financial Conduct Authority (FCA) published its Business Plan for 2016/17. The Business Plan sets out a roadmap for the FCA’s principal areas of focus over the coming year. Overall, there was considerably…more
| Business Organizations, Finance & Banking, Privacy, International Law & Trade

Implementation Mortgage Credit Directive; What Changes?

The EU Mortgage Credit Directive (the "Directive") aims to create an efficient and competitive internal market for mortgage credit with a high level of consumer protection. The Directive requires European member states to…more
| Finance & Banking, International Law & Trade

High Court Rejects Claim By Shareholder To Be A Private Person Under Section 138D Of FSMA

In this case report, we consider the High Court's decision in Sivagnanam v Barclays Bank Plc [2015] EWHC 3985 (Comm) (4 December 2015). In this ex tempore decision handed down by Cooke J, the High Court awarded Barclays…more
| Civil Procedure, Finance & Banking

ECHR Rights Apply To FSMA Market Manipulation Proceedings

Brussels Court of Appeal, 24 September 2015 - Human rights arguments have been used in several Member States courts to challenge market abuse sanctions imposed by administrative authorities. This article examines a recent…more
| Finance & Banking, International Law & Trade, Securities Law

Tackling Market Abuse And Corruption — Finally

In the next few weeks, the French Minister of Finance should present to the Government a Bill which would, if adopted, reform the French regime on market abuse, create a new anti-corruption agency and impose an obligation on…more
| Business Organizations, International Law & Trade
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