Following the second reading of the Litigation Funding Agreements (Enforceability) Bill in the House of Lords on April 15th, there is a shared acknowledgment among the House of the significance of maintaining and protecting...more
The UK Government has announced its readiness to introduce legislative reform aimed at countering the recent surge in a perceived form of tactical libel action, known in the press as “Strategic Lawsuits Against Public...more
In Lavinia Deborah Osbourne v Persons Unknown, Ozone [2022] EWHC 1021 (Comm), the High Court (His Honour Judge Pelling QC) confirmed that there is “at least a realistically arguable case” that non-fungible tokens (“NFTS”) are...more
On 24 March 2022, the Commercial Rent (Coronavirus) Act 2022 (the “Act”), took effect. This legislation further continues the range of coronavirus measures passed by the government, which aim to provide an as fair as possible...more
The National Security and Investment Bill (the “Bill”) received royal assent and was enacted into English law as the National Security and Investment Act (the “Act”) on 29 April 2021. As discussed in our previous Update, the...more
The Supreme Court has delivered its judgment today in the landmark business interruption insurance test case brought by the Financial Conduct Authority (“FCA”).
The ruling is important for business interruption policy...more
1/18/2021
/ Business Interruption ,
Business Losses ,
Coronavirus/COVID-19 ,
Financial Conduct Authority (FCA) ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
UK ,
UK Supreme Court
On 30 November 2020, the UK High Court handed down judgment in the relief phase of the case of Otello Corporation ASA v. Moore Freres & Company LLC and Last Lion Holdings Limited (BL-2018-000840).
Dorsey & Whitney advised...more
On 15 September 2020, the High Court in London delivered an important judgment on liability for business interruption insurance.
The ruling provides much needed clarification for policyholders, in view of the detrimental...more
The Supreme Court Judgment in Sevilleja v Marex Financial Ltd [2020] UKSC 31, handed down on 15 July 2020, clarifies and substantially confines the scope of the doctrine of reflective loss.
The Court, in a majority...more
On 1 June 2020, the High Court found that, by using references to their lawyers’ legal advice in support of its case that the transactions that formed the subject matter of the application were lawful, a bank had waived...more
It has now been more than three months since the UK Government imposed a nationwide lockdown. Whilst certain businesses are beginning to resume operations, many still face an uncertain future....more
As the economic impacts of the pandemic continue, many businesses in the UK will be turning to their insurance providers to claim under their Business Interruption policies in respect of financial losses arising from...more
As a result of the Coronavirus pandemic and the related lock-downs, many businesses will find that counterparties owe them fixed obligations, for example debt payments, but say that they are unable to fulfill these...more
As the economic impacts of the COVID-19 pandemic continue to grow, many businesses are faced with unprecedented challenges.
As businesses struggle economically, they may face pressure from their contractual counterparties...more
A recent Court of Appeal case, Allen t/a David Allen Chartered Accountants v Pollock and Anr [2020] EWCA Civ 258, has considered the liability that can arise where one business poaches an employee from a rival business, in...more
The ongoing COVID-19 pandemic and the related economic downturn are impacting businesses worldwide. Many deals and transactions that were under negotiation in the period leading up to the current health crisis are now falling...more
In these unprecedented times, many contracts are increasingly under strain. The economic effects of the COVID-19 pandemic have caused shocks throughout the global economy and have led to government interventions that would...more
The continuing COVID-19 pandemic is causing significant disruption across the globe with governments implementing a variety of measures, including travel restrictions, nationwide lockdowns and the cancellation of large-scale...more
Existing Test -
Legal Advice Privilege (“LAP”) allows a party to withhold from disclosure communications between a lawyer and client, which are confidential and for the dominant purposes of obtaining legal advice.
This...more
Keeping ahead of global anti-corruption trends is critical in today’s business markets. The Dorsey Anti-Corruption Digest, which puts global trends at your fingertips, puts you ahead. The deep experience of the Dorsey...more
3/9/2018
/ Airbus ,
Barclays ,
Criminal Conspiracy ,
Criminal Prosecution ,
Declination ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Money Laundering ,
Nestle ,
Securities and Exchange Commission (SEC) ,
State-Owned Enterprises ,
Suspensions & Debarments ,
White Collar Crimes
Joo Hyun Bahn, real-estate broker and nephew of former U.N. Secretary-General Ban Ki-moon, pleaded guilty to Foreign Corrupt Practices Act (FCPA) charges relating to his role in a scheme attempting to bribe a Qatari official...more
2/8/2018
/ Airbus ,
Bribery ,
Cobalt ,
Corporate Counsel ,
Corruption ,
Embezzlement ,
Fédération Internationale de Football Association (FIFA) ,
Indictments ,
Money Laundering ,
Petrobras ,
Price Waterhouse ,
Shareholder Litigation ,
Teva Pharmaceuticals
Keeping ahead of global anti-corruption trends is critical in today’s business markets. The Dorsey Anti-Corruption Digest, which puts global trends at your fingertips, puts you ahead. The deep experience of the Dorsey...more
1/9/2018
/ Anti-Corruption ,
Austria ,
Bribery ,
Compliance ,
Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Extradition ,
Fédération Internationale de Football Association (FIFA) ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
India ,
Money Laundering ,
Netherlands ,
Russia ,
Securities and Exchange Commission (SEC) ,
Siemens ,
Suspensions & Debarments ,
UK ,
Ukraine
Deputy Attorney General Rod Rosenstein announced the addition of a new Department of Justice (DOJ) Foreign Corrupt Practices Act (FCPA) policy, titled the FCPA Corporate Enforcement Policy. The new policy, which was...more
12/7/2017
/ Airbus ,
Compliance ,
Corruption ,
Criminal Convictions ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Extractive Industry Transparency Rule ,
Fédération Internationale de Football Association (FIFA) ,
Foreign Corrupt Practices Act (FCPA) ,
HSBC ,
Popular ,
Rolls-Royce ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
Wal-Mart ,
World Bank
Massachusetts-based Alere Inc. will pay $13 million to settle charges alleging that the company bribed foreign officials and engaged in an accounting fraud, according to a Securities and Exchange Commission (SEC) Cease and...more
11/2/2017
/ Airbus ,
Belgium ,
Bribery ,
Corruption ,
Declination ,
False Reporting ,
Fédération Internationale de Football Association (FIFA) ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
HSBC ,
Indictments ,
SAP SE ,
Shell Oil ,
South Africa
Sweden-based Telia Company AB has agreed to pay $965 million to settle Foreign Corrupt Practices Act (FCPA) charges with the Department of Justice (DOJ) and Securities and Exchange Commission (SEC). U.S. v. Telia Co., No....more