News & Analysis as of

Shareholder Litigation United Kingdom

Latham & Watkins LLP

Navigating the Rise of UK Class Actions Implications for Private Equity

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As collective redress actions rise, sponsor and corporate statements are under high scrutiny, with an industry developing to take advantage....more

Latham & Watkins LLP

Corporates and Dealmakers Must Prepare For Increased UK Class Action Claims

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While class actions are well established in the US, they are increasingly common in the UK, driven by market volatility, availability of litigation funding, legal reforms, regulatory settlements, and growing scrutiny of...more

BCLP

Action Stations - Activist investors are hoping to influence the ESG agenda; what are the likely wider repercussions for the...

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The ESG litigation landscape is rapidly developing. Activist claimants, whose end-goal is to effect change in the management, ESG policies or ESG credentials of companies or regulated firms, are progressively pressurising...more

BCLP

Claim To Fame - Mass Litigation: what key trends should financial services firms be aware of in 2024?

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As we have explored in our Class Actions series, the popularity of mass claims in the English courts continues to grow. Such claims represent a substantial threat to financial institutions but, at the same time, we are also...more

Katten Muchin Rosenman LLP

You Say Hello. I Say Goodbye: The DnaNudge Case and Differences of Opinion on Share Conversions and Other Variations of Class...

Following a recent Court of Appeal decision, investors, portfolio companies and their advisers should be aware that English courts may, on occasion, adopt seemingly strained interpretations of ambiguous or unclear contract...more

Jones Day

The Climate Report: Third Quarter 2023

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REGULATORY ISSUES & UPDATES - New CFTC Enforcement on Carbon Markets Misconduct - The U.S. CFTC publishes a rare alert soliciting tips about potential manipulation in the carbon markets and announces the formation of...more

Latham & Watkins LLP

Greenwashing: Key Drivers, Risks, Enforcement, and Litigation

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LIDW23 member-hosted event provided insights into current and future trends in the greenwashing space. Latham & Watkins recently hosted a panel discussion during London International Disputes Week on the topic of...more

A&O Shearman

Construction of articles and class rights - a recent case

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Earlier this month the High Court had to consider - - how two particular provisions in articles of association operated together (or in conflict), and  - the statutory right (under s. 633, Companies Act 2006 ("s....more

Latham & Watkins LLP

Delaware Court Confirms Corporate Officers’ Duty of Oversight - Lessons for UK Companies

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The US decision reminds UK companies and their officers to identify and report red flags about misconduct in the workplace. Certain shareholders of McDonald’s Corporation (the Company) sued David Fairhurst, the Company’s...more

A&O Shearman

Keeping the Faith: English Court of Appeal Considers Contractual Good Faith Provision in Shareholder Agreement

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The English law concerning contractual duties of good faith (express and implied) has received considerable judicial attention in recent years. It will therefore be of interest to those who use English law contracts,...more

Mintz

Shareholder Lawsuit Filed Against Shell Board of Directors in the UK Concerning Failure to Prepare for Climate Change

Mintz on

ClientEarth, an environmental law organization, has filed a shareholder derivative lawsuit in the United Kingdom against Shell's board of directors for an alleged failure to adequately prepare Shell for the impact of climate...more

Dorsey & Whitney LLP

Implied Duty of Rationality in Commercial Contracts

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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

Robins Kaplan LLP

Financial Daily Dose 9.28.2020 | Top Story: Federal Court Halts White House Ban on TIkTok App-Store Downloads

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A federal judge has delivered another win for TikTok over the weekend, temporarily blocking a White House ban “on new downloads of the video-sharing network, which would have gone into effect at 11:59 p.m. in Washington.” The...more

White & Case LLP

2019 Half-year in review: M&A legal and market developments

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We set out in the attached Newsletter a number of interesting English court decisions and market developments which have taken place in the second half of 2019 and their impact on M&A transactions. This review looks at these...more

Robins Kaplan LLP

Financial Daily Dose 12.06.2019 | Top Story: Aramco Prices Shares at High-end of Range That Would Value Company at $1.7 trillion

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Saudi Aramco has priced its offering at the high end of its range, setting the company up to raise more than $25 billion and value the company at nearly $1.7 trillion—all part of what promises to make this the world’s biggest...more

Latham & Watkins LLP

Litigation Funding: Private Equity Investment Opportunity and Portfolio Risk Management Tool

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Litigation funding, the third-party financing of legal costs in disputes, is increasingly common in the UK. As litigants have become comfortable with sophisticated litigation funders, these funders are responding to business...more

Dechert LLP

English Court of Appeal Clarifies the Ambit of the Rule Against Reflective Loss

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In the recent decision in Carlos Sevilleja Garcia v Marex Financial Limited,1 the Court of Appeal helpfully summarised the justifications for the English law rule against claims for reflective loss and confirmed that the rule...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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More trouble for the embattled British PM Theresa May. We learned yesterday that Britain’s second-largest construction firm—Carillion—was forced into liquidation after amassing a staggering $1.35 billion in debt. The downfall...more

A&O Shearman

Court looks to shareholder to make payment on behalf of litigant

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The Court of Appeal applied a new legal test for considering whether an appeal had been stifled by a condition to make a payment into court. The appellant could not make the payment itself so the question was whether the...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Growth of Collective Shareholder Actions in Europe

On June 8, 2017, Skadden hosted a webinar titled “The Growth of Collective Shareholder Actions in Europe.” The Skadden panelists were international litigation and arbitration partners David Edwards and Anke Sessler, and...more

Latham & Watkins LLP

UK Decision Highlights Potential Privilege Problems in Cross-Border Investigations

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7 steps companies can take to maximize privilege protections under US and English law. Key Points: ..In a recent case, an English court stated that privilege did not apply to notes of employee interviews,...more

Robins Kaplan LLP

Your daily dose of financial news - The Brief – 9.8.16

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In a move anticipated over the past year or so, Caliber Home Loans—with PE Lone Star Funds’ backing—is making more loans to “borrowers with spotty credit histories.” A euphemism for subprime, by the way. That targeting has...more

Robins Kaplan LLP

Your daily dose of financial news - The Brief – 6.17.16

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Dealbook’s Strategies feature reviews the Fed’s latest non-move and suggests that the current bind in which the Fed finds itself is—at least in part—a problem of its own making....more

Latham & Watkins LLP

US M&A Litigation: Will the Changing Landscape Shift to the UK?

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Following nearly every announcement of a public-company acquisition in the US, including take-private acquisitions by private equity investors, plaintiffs’ law firms file class actions on behalf of shareholders. These...more

Morrison & Foerster LLP

Top Ten International Anti-Corruption Developments for August 2015

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 in the past month, with links to primary...more

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