Since our last edition, our team hosted a seminar regarding ad hoc and institutional arbitration. In this edition we present some of the key takeaways from this event. This edition also include an analysis of the use of limitation of liability clauses, based on guidelines set out in the most recent case law. Further we follow up on the latest climate litigation trends. We give you the details on the UK Supreme Court’s ruling concerning environmental impact assessments of combustion ...
Conflicting interpretations of the causation standard in two AKS-predicated False Claims Act cases in the District of Massachusetts, Teva and Regeneron, mirrored the circuit split on the issue and led to interlocutory appeals before the First Circuit. The court’s eventual decision could have a major impact on the national landscape around this high-stakes question ...
Malta has been a forerunner in regulating digital assets with the introduction of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta (the “VFA Act”) back in 2018. Following its approval in 2022 and publication in 2023, Regulation (EU) 2023/1114 of the European Parliament and Council on markets in crypto-assets (“MiCAR”) has an 18-month window to become fully enforceable by 30th December 2024 ...
Carey Olsen announces new executive leadership team Current group managing partner Alex Ohlsson, who has led the firm's international expansion and held a pivotal role in establishing Carey Olsen as one of the world's leading offshore law firms, is to become group chairman. He will succeed John Kelleher, a key player in the success of the firm, who has served more than 12 years in the role and will remain at Carey Olsen as a partner in the Jersey litigation team ...
Carey Olsen promotes six lawyers to the partnership across Bermuda, Cayman Islands, Guernsey and Jersey offices The six promotions bring the total number of partners across the Carey Olsen group to 84. Carey Olsen group managing partner Alex Ohlsson said: "Congratulations to Michelle, Richard, Tim, Rachel, Andrew and Nienke on their thoroughly deserved promotions ...
Bill Gates said in a blog post: “The development of AI is as fundamental as the creation of the microprocessor, the personal computer, the Internet, and the mobile phone. It will change the way people work, learn, travel, get health care, and communicate with each other. Entire industries will reorient around it. Businesses will distinguish themselves by how well they use it ...
The latest YouGov election poll is predicting that we are likely to have a Labour government on 4 July and this brings uncertainty for the Private Equity (PE) industry, specifically around the carried interest regime.Historically, it seemed to be a forgone conclusion that the carried interest ‘loophole’ would be closed should Labour take control of parliament ...
In its Primary Market Bulletin 49 (PMB 49) (published in May 2024), the UK Financial Conduct Authority (FCA) issues a reminder to premium listed companies incorporated in the UK of their continuing disclosure obligations under the Listing Rules (LR). FCA issues reminders to listed companies on disclosure obligations The reminders emerged following a thematic 2023 review (the review) looking at disclosures made pursuant to LR 9.4 and LR 13 ...
Whilst the impact of the upcoming general election remains to be seen, the Government has recently proposed scrapping the Commercial Agents Regulations for new agency arrangements. Background The Commercial Agents (Council Directive) Regulations 1993 (CAR) implement the Commercial Agents Directive (86/653/EEC) (Directive) ...
Shoosmiths’ FinTech partner, Luke Stubbs, was a speaker at the recent FinTech Week London Conference, participating in a panel discussion focused on international payments. FinTech Week London reflects the City's role as a FinTech hub and comprises a week of events culminating in a major conference, which Shoosmiths was proud to sponsor ...
On August 1st, 2024, Law No.21,643 which amends the Labor Code regarding the prevention, investigation and sanctioning of labor, sexual harassment and workplace violence (the “Law”), will enter into force. General Ruling No.3813 (“General Ruling”), issued by the Superintendence of Social Security ("SUSESO") on June 7th, 2024, provides technical assistance in all matters covered by the new Article 211-A of the Labor Code ...
On August 1st, Law No.21,643, which amends the Labor Code regarding the prevention, investigation and sanctioning of labor, sexual harassment and workplace violence (the “Law”), will enter into force. In this context, on June 7th, 2024, the Labor Board issued ruling No. 362/19, which establishes the meaning and scope of the amendments introduced by the Law (the “Ruling”). The most relevant aspects of the Ruling are the following: 1 ...
International Comparative Legal Guides Lending and Secured Finance 2024 - Jersey Contents Overview Guarantees Collateral Security Financial Assistance Syndicated Lending/Agency/Trustee/Transfers Withholding, Stamp and Other Taxes; Notarial and Other Costs Judicial Enforcement Bankruptcy Proceedings Jurisdictions and Waiver of Immunity Licensing LIBOR Replacement ESG Trends Other Matters 1. Overview 1 ...
June 14, 2024 By: Tricia A. Pham and Alexandra M. Shulman On Thursday, June 13, 2024, in Starbucks Corp. v. M. Kathleen McKinney, Case No. 23-367, the U.S. Supreme Court ruled that district courts must apply a strict, four-factor test when adjudicating requests for preliminary injunctions brought by the NLRB against the employers it charges with unfair labor practices ...
As a young lawyer, you might be struggling to believe that you can make a difference and to figure out how to do so. You might also be wondering how to gain the courtroom experience seemingly necessary to build a legal practice. If either of these is true, consider how pro bono litigation has impacted our legal system and could impact your career. Even if you read no further, take this advice: volunteer for pro bono cases. In Gideon v. Wainwright, 372 U.S ...
At a time when Canada and many other countries are taking steps to protect users from harm online,1 a decision was handed down by the Supreme Court of British Columbia (the ?Court?) on January 15, 2024, regarding the conduct of a competitor with respect to complaints about intellectual property infringement made on Amazon?s e-commerce website ...
In a unanimous decision today, the Supreme Court rejected efforts to limit access to the abortion pill mifepristone, overturning an earlier decision by the 5th Circuit Court of Appeals. The Supreme Court ruled that the physicians and medical associations who brought the case did not have the right to challenge the FDA's regulation of the drug. To have standing, plaintiffs must show they have a “personal stake” in the case ...
Environmental, Social, and Governance (ESG) principles have emerged as a crucial framework for assessing the sustainability and societal impact of businesses ...
Carey Olsen advises Patron Capital on its latest European real estate fund This is the third Patron Capital fund domiciled in Jersey under the island's well-established Expert Fund regime. Fund VII will continue the to employ Patron Capital's opportunistic investment strategy which focuses primarily on distressed and/or undervalued property and property related investments, mostly in Western Europe, and has a welcome ESG focus ...
Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner. What matters? Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner ...
In April 2024, the FCA issued practical steps and finalised guidance on the Anti-Greenwashing rule, effective from 31 May 2024, ushering forth the FCA's regulatory priority accorded to ESG and sustainability. On 28 November 2023, the UK Financial Conduct Authority (“FCA”) published consultation paper, GC23/3, (the “CP”) outlining its proposed guidance on the Anti-Greenwashing rule (ESG 4.3.1R, the “Rule”) ...
A recent Supreme Court decision means that owners of closely held companies with company-owned life insurance policies should take extra precautions to avoid an unexpectedly large estate tax bill from the IRS. On June 6, 2024, the Supreme Court of the United States decided in Connelly v ...
A financial institution recently learned what happens when it does not include language in an arbitration agreement to permit a customer to opt out of the arbitration clause. A U.S. district court denied a motion to compel arbitration based on the flawed provision, concluding that it was unenforceable because the bank failed to give the customer an opportunity to opt-out ...
Carey Olsen shortlisted for Offshore Law Firm of the Year award by eprivateclient This latest recognition adds to Carey Olsen's impressive track record, including winning Offshore Law Firm of the Year at the WealthBriefing European Awards and having 11 lawyers named amongst the top private client advisors by Private Client Global Elite ...
