On May 23, 2024, the New York Court of Appeals reversed the dismissal of breach of fiduciary duty claims brought by former shareholders of a fantasy sports company (the “Company”) against its directors and other defendants...more
In a recent Scottish decision, FES Ltd v HFD Construction Group Ltd [2024] CSOH 20, the Court of Session, Scotland’s Supreme Civil Court, held that under the SBCC Standard Building Contract with Quantities for use in Scotland...more
The following paper aims to succinctly address the question "Under what circumstances is an employee entitled to paid leave?” This guide offers an overview of legal aspects of paid leave in the requisite jurisdictions....more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be...more
In Ponticelli Limited v Gallagher, the Scottish appeal court, the Court of Session (CS) found that an employee’s right to participate in a Share Incentive Plan (SIP) transferred under TUPE, even though it was not referred to...more
Scottish limited partnerships are often used in fund structures. They are very flexible, with little restriction on the terms of their partnership agreements and few specific constitutional requirements. They are quick and...more
As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more
In February 2022, the UK Government published the Corporate Transparency and Register Reform White Paper (the “White Paper”), which set out its plans to reform Companies House and increase the transparency of UK corporate...more
On 9 December 2022, the United Kingdom’s Chancellor of the Exchequer announced an expansive set of reforms to the UK’s financial regulatory regime – labelled the “Edinburgh Reforms”. Following the UK’s exit from the...more
On 9 December 2022, in Edinburgh, the Chancellor of the Exchequer announced a set of reforms that are intended to drive growth and competitiveness in the financial services sector (the Edinburgh Reforms or the Reforms). ...more
The Economic Crime and Corporate Transparency Bill (the Bill) includes a package of proposed legislative amendments to U.K. limited partnership (UKLP) law, substantially to tighten registration requirements and improve...more
The attractiveness of the United Kingdom as a business location is unabated. There are many advantages to doing business in the UK. Investors can draw on a skilled workforce and access a large market; costs of labour and...more
The September 2020 decision by the Scottish Court of Session in Van Oord UK v. Dragados UK [2020] CSOH 87, which has now been appealed. The dispute centred on the ability of Aberdeen Harbour expansion main contractor Dragados...more
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be either of...more
On 24 February 2021, the UK government laid The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021 before Parliament. These draft regulations introduce (among other items) new restrictions...more
Chile - In response to the sanitary and economic crisis produced by the Covid-19 Pandemic, the Chilean Government has introduced several measures to protect the employment and the employees’ salaries. The following is...more
The ongoing Scottish case of Serco Limited v Forth Health Limited highlights the difficulties that can arise when applying benchmarking and market testing provisions in long-term maintenance and service agreements. ...more
This guide offers an overview of legal aspects of temporary layoffs in the requisite jurisdictions. It is meant as an overview in these marketplaces... This guide describes the law in force in the requisite jurisdictions...more
The Scottish Parliament introduced emergency legislation in the form of the Coronavirus (Scotland) Bill on 31 March 2020 to mitigate some of the impacts of Covid 19 in Scotland. The Bill received Royal Assent on 6 April 2020....more
On December 4, 2019, the Scotch Whiskey Association filed opposition to the trademark application of ASW Distillery LLC, an Atlanta distiller, that was seeking the mark BURNS NIGHT for an American malt whiskey, noticeably...more