Last week, 49 state attorneys general announced a $49.5 million settlement with Blackbaud, Inc. (Blackbaud) over the software company’s data-security practices and its response to a breach in 2020 that exposed the personal information of millions of individuals. Blackbaud provides software solutions to nonprofit organizations, including charities, schools and healthcare agencies, to help them connect with donors and manage data about their constituencies ...
Executive summary The Board overturned the Court of Appeal's decision, holding that an aggrieved shareholder who has agreed to have disputes amongst the shareholders resolved by way of arbitration, must first have such disputes that fall within the ambit of the arbitration agreement determined accordingly before the threshold question of whether the company should be wound up on just and equitable grounds to obtain alternative relief may be addressed ...
Jersey contracts are not subject to a general duty of good faith and mere silence, without more, cannot amount to a misrepresentation. These were some of the key outcomes of the Royal Court's decision in Hard Rock Limited and Anor v HRCKY Limited [2023] JRC 169. What happened? In 1999, Hard Rock sold to HRCKY the franchise rights to run a Hard Rock Café in the Cayman Islands. The franchise was initially a lucrative operation ...
Building any career or business can be difficult, but even more so in construction. A company or individual can ruin its reputation that it took years to develop by taking a political stance or posting the wrong thing online. It can be difficult to recover from blowing a bid, miscalculating an estimate, or being locked into a fixed-price contract and the cost of materials escalate more than your profit. One might have to close up shop or be demoted or terminated ...
The UAE Cabinet recently issued Cabinet Decision 66 of 2023 (the Executive Regulations) concerning the executive regulations of the Federal Law 15 of 2020 on Consumer Protection (Consumer Protection Law). The Executive Regulations shall come into effect on 14 October 2023 ...
The Manchester Crown Court made an order confiscating a landlord’s rent under the Proceeds of Crime Act 2002 for breaching a planning enforcement notice. Manchester’s Curry Mile is home to one of the largest concentrations of Asian eateries in the UK. Until recently, the Mile had also been the home of ‘Dubai Café’ ...
On the 15th of September 2023, the Court of Appeal (Inferior Jurisdiction) (Appeal Number: 155/2022 LM) reversed the Industrial Tribunal’s decision that had previously considered that the plaintiff had been unfairly dismissed from his employment with a bank. The Court was tasked with deciding on the employee’s allegations during proceedings which primarily related to claiming discriminatory treatment and unfair dismissal ...
Overview Jersey property law is derived from a mixture of local statute and customary (common) law. Jersey's customary law has evolved from Norman-French law and is primarily contained in the judgments of the Royal Court of Jersey and the writings of local and French jurists. In Jersey law property is either "movable" or "immovable". These classifications are broadly similar to the English classifications as "personal" or "real" property ...
On complex construction projects, there may be multiple contractors, subcontractors, vendors, suppliers, and sub-subcontractors working along side one another. With various entities working parallel there are substantial risks that one contractor’s work will interfere with that of another contractor on the project. When the two parties have direct contracts with one another (e.g ...
A JV is commonly defined as a combination of two or more parties (people or entities) that is formed to acquire or develop and own, lease, manage and sell one or more real estate assets. The JV typically has two categories of partners: the “operating partner” and one or more “capital partners.” JVs are frequently used by experienced real estate developers to obtain the capital they need for their projects ...
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On Tuesday September 12, Patterson Belknap Partner Bill Cavanaugh delivered the opening statement on behalf of a coalition of the Attorney Generals from 38 states and other jurisdictions in the trial of a historic monopoly antitrust lawsuit against Google involving its search engine. Bill was appointed by the Attorney Generals of Colorado and Nebraska, the lead plaintiffs in the states' case, to serve as lead trial counsel ...
In 1968, the Supreme Court held in Bruton v. United States that a defendant was deprived of his rights under the Confrontation Clause when a nontestifying codefendant's confession naming the defendant as a participant in the crime was introduced in their joint trial, regardless of any instruction that the jury should consider the confession only against the confessing defendant ...
The National Labor Relations Board (“NLRB”) recently handed unions a resounding victory by reviving a legal doctrine that allows them to represent employees without winning a formal election. A New Framework Built on Old Principles In 1949, the United States was in the early stages of a post-war economic expansion. The NLRB, still in its infancy, was adopting policies at a rapid pace aimed at encouraging collective bargaining ...
Dubai’s real estate market has experienced significant growth in prices in the past few years. The average sales prices for residential properties in Dubai increased by 12% between 2021 and 2022 to reach AED 1,203 per sq ft. This is expected to increase even more by the end of 2023. In this market, off-plan properties appear to be a more affordable option to many purchasers as compared to completed properties ...
With the announcement of the Law Commission’s planned consultation on Part II of the Landlord and Tenant Act 1954, can changes be made to clarify and condense the statutory framework for renewals? One area ripe for reform is how the level of rent is determined, and in particular, the treatment of rent-free periods where no binding authority appears to exist - leaving a variety of often conflicting County Court decisions ...
Let’s be honest, it feels gloomy at the moment. The ramifications of 14 consecutive rate rises are now materialising – creating additional hurdles for those seeking funding and bringing developments forward. Rising borrowing costs will always put pressure on the living sector. However, the UK’s real estate industry is remarkably resilient ...
Artificial intelligence (AI) is revolutionising the global real estate landscape. In the United States alone, AI companies are predicted to have a 1.6m sq m real estate footprint by the end of 2023, according to JLL ...
The summer is a welcome break for higher education students across Scotland. But, as coursework and exams are temporarily put to the back of minds, a potential reform is looming that could have major implications on the student living experience in Scotland. This relates to the outcome of a much-anticipated review into its purpose-built student accommodation sector (PBSA) – first initiated in 2021 by the Scottish Government ...
The UK is facing a veritable housing crunch. The gap between residential supply and demand continues to widen, and the current high interest rate environment is only serving to compound the issue – posing real challenges when it comes to funding and bringing much needed new schemes forward. One part of the residential market that is really feeling the strain of these supply constraints is the senior living sector ...
Since receiving Royal Assent on 28 April 2022, the Building Safety Act 2022 (BSA) has continued to lumber along - coming into effect in phases and throwing up legal complications as it goes. The government has therefore been required to create secondary legislation – regulations - to seek to clarify and untangle various provisions in the BSA. The Act is reliant on regulations to provide the detail of many of its provisions ...
Activity levels in the residential development market remain lower than developers, lenders and other real estate professionals have become accustomed to over the last 15 years. With 14 base rate rises implemented by the Bank of England (BoE) in the last 18 months - now at 5.25% - the UK is currently subject to the highest base interest rate since 2008 ...
While the next general election isn’t due until January 2025, or earlier, housing is shaping up to be a key battleground for both parties. It could arguably even decide the election. There seems to be clear blue water developing between the two main parties on this issue ...
The Planning (Agent of Change) Bill was a private member’s bill introduced in Westminster in 2018 by former government minister John Spellar to ‘require specified planning controls in relation to developments likely to be affected by existing noise sources’ ...
