Re Coinomi - Reconsidering the remedies for unfair prejudice Whereas the position at first instance (Re Coinomi [2022] EWHC 3178 (Ch)) had determined that a shareholder could not claim damages in favour of the company when invoking the statutory unfair prejudice jurisdiction, the appeal (reported as Ntzegkoutanis v ...
Carey Olsen advises Strategic Risk Solutions on acquisition of Robus Group Based in Guernsey and Gibraltar, Robus Group offers professional management services to captive insurers, open market insurers, reinsurers, insurance intermediaries, MGAs, ILS fund managers, and other corporate entities. The company supports these clients in achieving their risk management and strategic business goals ...
The Supreme Court of the United States recently unanimously reversed the 2nd Circuit’s ruling on an employee asserting a retaliation claim under the Sarbanes-Oxley Act (“SOX”). Now, employees asserting a retaliation claim under SOX need to only show that their protected activity was a contributing factor in the adverse employment action. An employee does not have to prove that the employer had retaliatory or discriminatory intent to prove retaliation under SOX ...
The Government has published its response to the consultation on the new funding regime for occupational defined benefit (DB) pension schemes, as well as the draft Occupational Pension Schemes (Funding and Investment Strategy) Regulations 2024. The new regime aims to balance the security of members' benefits with the sustainability of sponsoring employers' businesses, and to encourage long-term planning and collaboration between trustees and employers ...
Carey Olsen advises Align Partners Capital Management on formation of latest fund The Fund is sub-managed by Seoul-based Align Partners Capital Management, Inc. ("APCM"), an activist fund manager renowned for applying a bottom-up, long term “Private Equity Approach to Korean Public Equity Markets” investment strategy focused on listed Korean equities ...
By: Leah Lively and Alexandra Shulman The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things, the rounding is conducted in a neutral manner and, if any favor is shown, it benefits the employee. For example, using rounding, if an associate clocked in any time from 7:53 a.m. to 8:07 a.m ...
Shoosmiths' Natalie Aldread explores two recent cases and their implications for break options and the renewal of a business tenancy under the Landlord and Tenant Act 1954 It is often assumed that where renewal of a business tenancy under the Landlord and Tenant Act 1954 has not been opposed, the bar is reasonably low to include a landlord’s break option in the new lease. Two recent cases do, however, indicate that this is not always the case ...
A core aim of the Building Safety Act 2022 (BSA) is to ensure the real estate industry - rather than leaseholders or the taxpayer - meets building safety expenditure. One way this is to be achieved is by introducing the Building Safety Levy under s.58 of the BSA. The government has now moved one step closer to the implementation of the levy with the recent publication of a consultation outcome and the publication of a third consultation - closing on 20 February 2024 ...
In this follow up article we will explore how the crypto sphere has advanced since the previous article, revisit some of the predictions we made and identify key legal updates in the crypto market and what those updates mean for the insolvency world ...
Shoosmiths' real estate experts explore commonly encountered issues and also tips and traps for providing and receiving replies to Commercial Property Standard Enquiries. Replies to Commercial Property Standard Enquiries (“CPSEs”) are designed to provide practical information about the property to assist buyers and tenants with their due diligence ...
In another step forwards for consumer protection regulation, the UK’s Department for Business and Trade has confirmed further amendments to the Digital Markets, Competition and Consumers Bill to tackle deceptive trading practices in the digital realm. Following a comprehensive consultation into consumer transparency, the proposed laws will target ‘drip pricing’ by banning unavoidable hidden charges and make fake reviews illegal ...
The recent publication of the 2024 UK Corporate Governance Code introduces several targeted changes in a move to build on the transparency and accountability requirements for corporate practices brought in by the current version of the Code ...
Strengthened collaboration between BVI and PRC: a precedent of enforcing a PRC arbitral award Background In Window of Trade, the Claimant applied to the BVI Court to enforce the Award in favour of the Claimant. The Award required the Second Defendant to return 100% of the equity in the First Defendant, a BVI company, to the Claimant and to assist the Claimant in restoring its name to the register of members of the First Defendant. The Second Defendant opposed the enforcement of the Award ...
Mamo TCV Advocates will once again be attending Corporate Jet Investor London. Joshua Chircop, Senior Associate, and Aleandro Mifsud, Associate, will be attending the annual business jet conference being held at the Hilton on Park Lane, London between the 5th and 7th February, 2024. Get in touch with us at [email protected] to schedule a meeting with members of our aviation team ...
In the third instalment of our series, we consider the practical elements of the ‘workcation’ concept. As we have seen, working elsewhere may seem like an attractive proposition to employees. They will undoubtedly be keen to take advantage of the opportunity to save precious annual leave entitlement, but it is important an employer sets some ground rules ...
In the plenary session of December 6, 2023, the Legislative Assembly of El Salvador approved a series of new reforms to the Commercial Code to implement certain provisions with innovative elements to facilitate business in the country, boost the economy, and contribute to economic growth. All of this is achieved through the modernization of commercial legislation, adapting it to the current dynamics of national and international trade, and leveraging technological advances to achieve this goal ...
Background On 20 June 2023 the Norwegian government made a proposal to amend Norwegian law by introducing regulation on gender balance for the board of directors in large and mid-sized private limited liability companies (Nw. aksjeselskaper), as well as certain partnerships, cooperatives and foundations. Previously, such requirements only applied to public limited liability companies, and the purpose of the proposal is, inter alia, to increase the proportion of women in Norwegian board rooms ...
Jersey Litigation Guide 2024 (Chambers) 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 General General Characteristics of the Legal System Jersey is one of the relatively few jurisdictions that have a “mixed” legal system ...
Cayman Islands Litigation Guide 2024 (Chambers) 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 GENERAL General Characteristics of the Legal System The Cayman Islands is a common law jurisdiction ...
British Virgin Islands Litigation Guide 2024 (Chambers) 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 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 roo
Guernsey Litigation Guides 2024 (Chambers) 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 GENERAL General Characteristics of the Legal System The Bailiwick of Guernsey is a British Crown dependency ...
