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Article 03/02/2023
As the shipping industry gradually moves towards adopting electronic trade documents, there is a significant risk that the legal mechanisms facilitating this change will add further challenges, despite the best of intentions. As the UK Government consults on the proposed legal reform, we consider some of the practical issues that may arise as technological systems compel a renewed approach.
Article 03/02/2023
We asked Shain Wasser, to give some insight into their role as a Legal Director in our San Francisco office and to give an idea of what it’s like working for a global law firm.
Case review 03/02/2023
On 1 February 2023, the Supreme Court handed down its long-awaited decision in the case of Fearn and others v Board of Trustees of the Tate Gallery. It is already being described as one of the most influential judgments of recent years.
Article 03/02/2023
The Video Privacy Protection Act (VPPA) was enacted in 1988, and provides that a video tape service provider who knowingly discloses the personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person. The law was put in place to “preserve personal privacy with respect to the rental, purchase or delivery of video tapes or similar audio visual materials.” S. REP. 599, 1988 U.S.C.C.A.N. Over the past decade, there has been a trickle of class action lawsuits filed under the VPPA, although in recent times, technological growth has allowed lawsuits to proliferate at a more rapid pace.
Report 02/02/2023
In this quantum comparison report, we provide an overview of the approach to claims, capturing the insights from our medical negligence experts in Australia, Canada, France, Hong Kong, Ireland, Israel, Latin America, Portugal, Spain and the UK.
Article 02/02/2023
Covenants restricting competitive activity often appear in employment contracts or in agreements related to the sale of a business. At their heart, these covenants are intended to protect the business goodwill of an enterprise. Too frequently, however, covenants are overly broad and restrict persons who do not truly pose a risk of harm to the goodwill of the business. It is not surprising then that a growing number of jurisdictions are limiting or outright banning restrictive covenants. Indeed, there has even been a call for federal attention to curtail the use of restrictive covenants as a way to promote competition in the US economy.
Article 02/02/2023
On January 27, 2023, the SEC’s new Executive Compensation Clawback Rules became effective. The rules require listed companies to: (1) develop and implement a policy to recover erroneously awarded incentive-based compensation received by current or former executive officers; and (2) satisfy related disclosure obligations. With new rules, come new risks. At a minimum, companies will have to closely examine the new rules and establish protocol to ensure adequate compliance and disclosure.
Article 02/02/2023
The majority of publicly traded companies are incorporated in Delaware but have their principal place of business in another state. This can raise thorny issues of what state’s laws should apply to an insurance coverage dispute under the company’s directors and officers liability policy. In Stillwater Mining Company v. National Union Fire Insurance Company of Pittsburgh, PA et al., C.A. No. N20C-04-190 (Del. Jan. 12, 2023), the Delaware Supreme Court weighed in on choice of law principles under Delaware law as well as coverage under D&O policies for shareholder appraisal actions.
Report 30/01/2023
Drawing on our experience across various risks, this 2023 insurance forecast report highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 and beyond.
Article 27/01/2023
We asked Marc Casarino, to give some insight into their role as a Partner in our Wilmington office and to give an idea of what it’s like working for a global law firm.
