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Carey Olsen | January 2023

The new guides provide the latest legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings, settlement, damages and judgment, appeals, costs, alternative dispute resolution and (ADR) arbitration. To access our guides please click on the jurisdictions below: Bermuda British Virgin Islands Cayman Islands Guernsey  Jersey To access the complete series of guides, please click here ...

Rising interest rates, inflation, and a global economic slowdown create the perfect storm, pushing some companies into financial distress. These conditions can also create opportunities for investors to make strategic acquisitions of distressed assets ...

Carey Olsen | January 2023

CONTENTS  General Litigation funding Initiating a lawsuit Pre-trial proceedings Discovery Injunctive relief Trials and hearings Settlement Damages and judgment Appeal Costs Alternative Dispute Resolution (ADR) Arbitration Outlook and COVID-19   GENERAL   General Characteristics of the Legal System Jersey is one of the relatively few jurisdictions that have a “mixed” legal system ...

Carey Olsen | January 2023

CONTENTS General Litigation funding Initiating a lawsuit Pre-trial proceedings Discovery Injunctive relief Trials and hearings Settlement Damages and judgment Appeal Costs Alternative Dispute Resolution (ADR) Arbitration Outlook and COVID-19   GENERAL    General Characteristics of the Legal System The Bailiwick of Guernsey is a British Crown dependency ...

Carey Olsen | January 2023

CONTENTS General Litigation funding Initiating a lawsuit Pre-trial proceedings Discovery Injunctive relief Trials and hearings Settlement Damages and judgment Appeal Costs Alternative Dispute Resolution (ADR) Arbitration Outlook and COVID-19   GENERAL   General Characteristics of the Legal System Bermuda is a British Overseas Territory. The modern legal system of Bermuda is established by the Bermuda Constitution Order 1968, an Order in Council of the UK ...

Carey Olsen | January 2023

CONTENTS General LItigation funding Initiating a lawsuit Pre-trial proceedings Discovery Injunctive relief Trials and hearings Settlement Damages and judgment Appeal Costs Alternative Dispute Resolution (ADR) Arbitration Outlook and COVID-19   GENERAL   General characteristics of the Legal System  Sources of law As a largely self-governing British Overseas Territory, the legal system of the British Virgin Islands (BVI) is rooted in English common law and eq

Carey Olsen | January 2023

CONTENTS General Litigation funding Initiating a lawsuit Pre-trial proceedings Discovery Injunctive relief Trials and hearings Settlement Damages and judgment Appeal Costs Alternative Dispute Resolution (ADR) Arbitration Outlook and COVID-19   GENERAL   General Characteristics of the Legal System The Cayman Islands is a common law jurisdiction. Litigation is primarily adversarial and is conducted through both written submissions and oral argument ...

On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) published a final rule (2023 Rule) revising the definition of “waters of the United States” (WOTUS) as used in the Clean Water Act (CWA). This 2023 Rule follows years of uncertainty as to the scope of CWA jurisdiction that has included nationwide litigation and multiple Supreme Court decisions ...

Afridi & Angell | January 2023

The importance of the UAE as a trading and consumer goods hub resulted in a protective approach of the authorities towards distributors and franchisees. The UAE Federal Law No. 18 of 1981 on Commercial Agencies (Old Law) was drafted with the intent of protecting the interests of UAE nationals (and companies wholly owned by UAE nationals), and was protective towards the interests of registered commercial agencies ...

Lawson Lundell LLP | January 2023

Canadian Lawyer By Tim Wilbur Cecilia Barnes knew from an early age she wanted to be in business. She entered law school so she could work with entrepreneurs and business executives. When Barnes looked for opportunities after graduating, she focused on working in-house. “I thought, I've taken all of these courses in business and trademark and copyright. So, any company is going to be so excited to have me ...

Shoosmiths LLP | January 2023

This is the third article in our series about sponsor licences. This article focuses on the effect of insolvency on a sponsor licence.  Businesses are facing challenging times in the current economic downturn and insolvency is a real possibility for many, with 5,595 company insolvencies in the third quarter of 2022[1] alone.  If a business is on the brink of insolvency this will potentially have an impact on any sponsorship licences held within the company group ...

Shoosmiths LLP | January 2023

Charities face challenges on many fronts right now, but one silver lining to the cost-of-living crisis is the popularity of charity shops, especially among younger people. Today sees the launch of Charity Super.Mkt at the Brent Cross Shopping Centre in North London, a great illustration of necessity being the mother of invention, meeting the demand for sustainable fashion and bringing life back to vacant retail space. Charity Super ...

Dykema | January 2023

In a January 17, 2023, speech at Georgetown University Law Center, Assistant Attorney General Kenneth Polite, Jr., for the DOJ’s Criminal Division, announced revisions of DOJ’s Corporate Enforcement Policy (“Policy”) to offer greater leniency to companies willing to (1) report their own misconduct to the government and (2) offer “extraordinary cooperation” once an investigation begins. Old Policy ...

Dinsmore & Shohl LLP | January 2023

On January 19, 2023, the Department of Homeland Security reached a Settlement Agreement in Edakunni v. Mayorkas. The Agreement requires United States Citizenship and Immigration Services (USCIS) to adjudicate Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization at the same time for H-4 and L-2 dependents when these forms are filed with the underlying Form I-129 nonimmigrant petition ...

Carey Olsen | January 2023

Contents Risk analysis in an evolving market Complex fund structures Typical structures in our jurisdictions Legal perspective Waiver of commitments Market risk Competition in the market Concentration risk Liquidity risk ESG risks Conclusion Risk analysis in an evolving market Despite being a relatively long-standing lending product, there have been limited public payment defaults by funds in the fund finance space ...

Carey Olsen | January 2023

Case summary: C v D [2022] JRC205 The case involved an application by C for a declaration that her marriage to D was void ab initio. D, the Respondent, argued that the Court could not make a finding of nullity in the circumstances of the case.   Background C and D married in October 2017 at the Office of the Superintendent Registrar in St Helier. C had a history of mental health difficulties and had received significant support and interventions from Adult Social Services ...

Carey | January 2023

On January 26, 2023, Law 21,536 was published in the Official Gazette, thus enacting it as law of the Republic. Law 21,536 postpones the entry into force of the amendments introduced to the Mining Code by Article 10 of Law 21,420. The effective date of Law 21,536 is the same as its publication ...

Afridi & Angell | January 2023

The UAE commercial agency regime has been a central pillar of commerce since the issuance of UAE Federal Law 18 of 1981 (the 1981 Law). While piecemeal amendments to the 1981 Law have been introduced from time to time, the UAE government has now issued UAE Federal Law 3 of 2022 concerning commercial agencies (the New Agencies Law) which repeals and replaces the 1981 Law in its entirety ...

Afridi & Angell | January 2023

This inBrief highlights the different aspects of venture capital, animportant source of raising money for start-up companies which donot have access to capital markets. We discuss the different types ofventure financing through which start-ups can raise money andwhich are taken into account when assessing valuations ...

Dinsmore & Shohl LLP | January 2023

Government agencies are increasingly requiring vendors and other private-sector partners to enter into arrangements requiring them to relinquish their intellectual property rights.[1] These demands threaten to discourage the country's most innovative enterprises from working with the federal government, thus impairing our national security and global competitiveness ...

Shoosmiths LLP | January 2023

The jewel in Glasgow’s famous shopping crown is known as the ‘Golden Z’, referencing the ‘Z’ shape which the famous shopping streets create – Buchanan Street linking Argyle Street to Sauchiehall Street ...

Shoosmiths LLP | January 2023

This is the second article in our series about sponsor licences. This article focuses on the effect of an acquisition on a sponsor licence.  When selling or acquiring a company that already holds a sponsor licence, certain reporting duties will arise in relation to that transaction ...

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