Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more
The UK Competition and Markets Authority ("CMA") has successfully appealed a decision of the UK Competition Appeals Tribunal (the "Tribunal") rejecting its application for a warrant to search domestic premises—paving the way...more
Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more
12/22/2023
/ Article III ,
Australia ,
Class Action ,
EU ,
France ,
Germany ,
International Litigation ,
Jurisdiction ,
Settlement ,
Standing ,
UK
Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more
Class actions have been a feature of the litigation landscape in the USA for decades. Claimant-friendly procedures combined with an aggressive and well-funded plaintiffs’ bar have created fertile ground for these large,...more
10/5/2023
/ Antitrust Violations ,
Class Action ,
Consumer Privacy Rights ,
Data Breach ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Services Industry ,
Labor Law Violations ,
Litigation Funding ,
Technology Sector ,
UK
ESG issues are front and centre in many sectors and many boardrooms. The UK real estate sector is no exception. Unsurprisingly, the principal focus has been on the “E”, with the environmental aspects of developing and...more
Introduction -
On July 24, 2023, the High Court dismissed ClientEarth's application for permission to bring a shareholder derivative claim against Shell's directors (the "Board") for breach of directors' duties under the...more
In recent months, a wide variety of forced labor issues have caught the attention of legislators, regulators, the media, and the public. The press is also attuned to the issue of forced labor and the use of child labor in the...more
In Short -
The Situation: There has been uncertainty over the circumstances in which data subjects can claim compensation for "mere" infringement of their rights without specific evidence of harm. On May 4, 2023, the Court...more
In Short -
The Situation: Both the United Kingdom and European Union have recently announced proposals to introduce new legal instruments which address alleged greenwashing. When implemented, such legislation would...more
Nearly every board of a publicly traded company in the European Union, United Kingdom, or United States will have considered and, for most, reported on ESG matters. And it is not just public companies. In what has been little...more
On 15 March 2022, ClientEarth announced that it had written to Shell's board of directors informing them of its intent to bring a claim on behalf of the company for the board's failure to implement a Paris Agreement compliant...more
3/22/2022
/ Board of Directors ,
Breach of Duty ,
Carbon Emissions ,
Climate Action Plan ,
Climate Change ,
Corporate Counsel ,
Derivative Suit ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Failure to Comply ,
Global Disputes ,
NGOs ,
Oil & Gas ,
Paris Agreement ,
Shareholder Demands ,
Shell Oil ,
UK Companies Acts
The ongoing conflict in Ukraine, and the severe sanctions imposed by governments globally in response to Russia's aggression, are having extreme effects on parties' legal obligations, and are drastically altering the...more
3/15/2022
/ Business Disputes ,
Business Interruption ,
Contract Disputes ,
Contract Terms ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Military Conflict ,
Performance Standards ,
Russia ,
UK ,
Ukraine
The Situation: The United Kingdom is positioning itself as the "go to" location to develop, test, and drive automated vehicles, but questions remain as to how its existing product liability regime should respond to this...more