Allen & Overy LLP

Cyber risk: practical actions to improve data security

Cybersecurity is a topical issue for pension schemes, and an increasingly important regulatory risk. Not only does the Pensions Regulator believe that trustees should be taking action to mitigate cyber risks, but there is also…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Anti-unfair competition law

On 22 February 2017, at the 26th session of the Standing Committee of the 12th National People’s Congress (NPC) of China, the State Council put forth a bill to amend the Law Against Unfair Competition (LAUC). The bill was…more
| Business Organizations, Commercial Law & Contracts, International Law & Trade

New regulation tightens Vietnam sovereign guarantees

A new regulation took effect from 1 March 2017 on Vietnam sovereign guarantees for loans, commonly referred to as MOF Guarantees. Decree 04 imposes more stringent conditions on the issuance of MOF Guarantees compared with its…more
| Finance & Banking, International Law & Trade

Damages Directive and competition claims

The Damages Directive came into force in the UK on 9 March 2017. This change is important, as the risk of competition claims is likely to increase steadily across the EU. What may be less obvious, but is equally significant, is…more
| Commercial Law & Contracts, International Law & Trade

Theft of confidential information results in only nominal damages for employer

An employer was awarded only nominal damages from former employees who copied the employer’s confidential information but made no use, or limited use, of that information and did not cause any damage to the employer. So called…more
| Civil Procedure, Labor & Employment Law

Using documents previously disclosed in earlier litigation

The restrictions on the collateral use of documents previously disclosed in separate litigation have recently come under the judicial spotlight. The word ‘use’ has been defined extremely broadly to cover even the act of…more
| Civil Procedure

The Future of Deferred Prosecution Agreements

A recent settlement by the SFO with a UK company accused of bribery has resulted in the SFO being accused of suffering a “failure of nerve”. In a speech on 7 March 2017 Ben Morgan, Joint Head of Bribery and Corruption at the…more
| Business Organizations, Criminal Law, International Law & Trade

Bona fide challenge to arbitral award cannot be subject to security order

The UK Supreme Court unanimously overturned the Court of Appeal in finding that the latter had no power, under the UK Arbitration Act 1996 or otherwise, to make a bona fide public policy challenge to the enforcement of a New…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Importance of patents in Chinese pharmaceutical tendering

China has a complicated and unique tendering system for drugs – and patents play an important role in almost every tender. What adds to the complexity is that tendering rules vary between provinces. Providing necessary patent…more
| Intellectual Property, International Law & Trade, Science, Computers, & Technology

Dutch Bonus Cap and Brexit

Dutch Central Bank provides explanation on international holding exception and Dutch Minister of Finance comments on circumvention. On 3 March 2017, the Dutch Central Bank (De Nederlandsche Bank or DNB) published a Q&A that…more
| Finance & Banking, International Law & Trade

No English jurisdiction over Nigerian oil pollution claims against Shell

In a highly mediatised ruling, the English High Court refused jurisdiction over claims brought against Royal Dutch Shell and its Nigerian subsidiary, Shell Petroleum Development Company of Nigeria Ltd, by over 42,000 claimants…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, International Law & Trade

Abuse of process and prior arbitral awards

The Court of Appeal has provided important guidance on the circumstances in which a court claim can be struck out as an abuse of process on the basis that it forms a collateral attack on a prior arbitral award between different…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Establishing a contract: subsequent negotiations and inconsistent intentions

When determining whether parties had validly entered into a contract, the Court of Appeal held that it was wrong to disregard subsequent communications which were inconsistent with the existence of a contract: (1) Global Asset…more
| Civil Procedure, Commercial Law & Contracts

Substantive inconsistency between express and implied terms

The Court of Appeal has considered the question of when a proposed implied term should be considered “inconsistent” with an express term of a contract, contrasting direct linguistic inconsistency and substantive inconsistency…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking

Grappling with severe exchange rate fluctuations in assessing the costs of litigation

The English High Court has recently provided guidance on a novel but practical point, allowing a party benefiting from a costs order to recover additional sums to account for expenditure incurred as a result of exchange rate…more
| Civil Procedure
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