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
There have been a number of key developments in the evolution of the UK’s national security regime since our e-bulletin earlier this year (UK to Adopt New Powers Over M&A Activity To Protect National Security). First and...more
12/16/2021
/ Acquisitions ,
BEIS ,
Change in Control ,
Foreign Acquisitions ,
Foreign Investment ,
Investors ,
Mergers ,
National Security ,
New Guidance ,
Notice Requirements ,
Penalties ,
Risk Assessment ,
Risk Mitigation ,
UK
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
Draft legislation, which is currently being debated in the UK Parliament, will introduce a new regime granting the UK Secretary of State robust powers to review, vary or block acquisitions which may pose a risk to the...more
4/7/2021
/ Acquisitions ,
CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Enforcement Authority ,
Foreign Investment ,
Merger Controls ,
Mergers ,
National Security ,
Pending Legislation ,
Regulatory Authority ,
UK
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 11 November 2020 the draft National Security and Investment Bill, the “NSI Bill” was published. The NSI Bill would introduce a new statutory regime granting the “Secretary of State” for Business, Energy and Industrial...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
At the present time, due to the global outbreak of Covid-19 and the international response to it, many otherwise economically viable UK businesses find themselves subject to considerable financial pressure. There are a...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
Parliament has now passed the European Union (Withdrawal Agreement) Act (“the Act”). The Queen gave her Royal Assent to the legislation last week and the Prime Minister immediately signed the Withdrawal Agreement. ...more
1/28/2020
/ EU ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Strategic Planning ,
Trade Negotiations ,
Trade Policy ,
Trade Relations ,
Transitional Arrangements ,
UK ,
UK Brexit ,
Withdrawal Agreement
Two recent decisions of the English High Court have considered the availability of legal professional privilege in relation to internal investigations. In both cases the availability of legal professional privilege has been...more