Key Takeaways - In the words of the UK Supreme Court, the decision in RTI v MUR raised “fundamental points of principle” that could, in theory, apply to all force majeure clauses. Our top three takeaways are: Unlike the...more
In one of the most highly anticipated judgments in the European restructuring market in recent years, on 23 January 2024, the English Court of Appeal overturned the High Court’s decision sanctioning the Adler restructuring...more
2/23/2024
/ Appeals ,
Commercial Bankruptcy ,
Corporate Restructuring ,
Creditors ,
Cross-Border ,
Debtors ,
EU ,
Germany ,
Insolvency ,
UK ,
Winding Down
The UK Supreme Court has, for the first time, considered the existence, content and engagement of an obligation on directors to take into account the interests of creditors when a company becomes, or is on the cusp of...more
When the Corporate Insolvency and Governance Act 2020 (CIGA) introduced the restructuring plan in England, comparisons with plans of reorganization under chapter 11 of the United States Bankruptcy Code (U.S. Bankruptcy Code)...more
On 10 November 2021, the Supreme Court dismissed the United Kingdom’s first ever “opt-out” class action brought outside of the competition law sector, in Lloyd v Google LLC. The claim, seeking an award of damages of around £3...more
A federal district court rejected a novel request from class counsel for reimbursement of counsel’s litigation funding expenses. According to the court in Perez v. Rash Curtis & Assoc., No. 16-03396 (N.D. Cal. October 1,...more
In this episode, Akin Gump litigation partner Richard Hornshaw and counsel Aimee Smart look at the litigation aspects of environmental, social and governance, or ESG, issues in the U.K. and EU....more
9/28/2021
/ Annual Reports ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Conduct Authority (FCA) ,
Securities and Exchange Commission (SEC) ,
Shareholder Activism ,
Sustainability ,
UK
Key Takeaways -
The United Kingdom’s Competition Appeal Tribunal (CAT) recently granted the U.K.’s first ever Collective Proceeding Order (CPO), on an “opt-out” basis, in Walter Hugh Merricks CBE v Mastercard Incorporated &...more
9/13/2021
/ Class Action ,
Class Representatives ,
Collective Actions ,
Competition ,
Interchange Fees ,
Litigation Funding ,
MasterCard ,
Opt-Outs ,
UK ,
UK Competition Appeal Tribunal (CAT) ,
UK Consumer Rights Act
In this alert, we consider a recent decision of the English High Court concerning the extent to which the equitable duty applicable to lenders, security agents and receivers in the context of an enforcement sale may be...more
It is well established that the “dominant purpose” test applies in the context of litigation privilege. However, until now, it has been unclear whether the test also applies to legal advice privilege (LAP). Further, there are...more
In a busy week for the Serious Fraud Office (SFO), the United Kingdom’s antibribery prosecutor, it has announced its first-ever deferred prosecution agreement (DPA) for bribery offences and the first guilty plea under the...more
In a busy week for the Serious Fraud Office (SFO), the United Kingdom’s antibribery prosecutor, it has announced its first-ever deferred prosecution agreement (DPA) for bribery offences and the first guilty plea under the...more