Latest updates

Costs recovery for DIY litigation
RPC
  • Litigation
  • Hong Kong
  • 16 July 2019

Hong Kong has a high incidence of litigants in person, which is largely explained by the cost of civil litigation generally, the absence of class actions, contingent fee arrangements and third-party funding of most civil claims, and the financial eligibility limits for civil legal aid. As recent decisions show, the rates at which litigants in person are awarded costs are far from generous and, to get more, they have to prove that they had to work on the case during their working hours or that they suffered actual pecuniary loss.

Agent's failure to disclose relevant information: a 'Gauguin-tuan' error?
RPC
  • Litigation
  • United Kingdom
  • 16 July 2019

In a recent decision concerning the sale of a Gauguin painting, the Court of Appeal confirmed that if an agent sells a principal's property and fails to disclose to the principal that it received a higher offer for the property, it will not lose its commission unless it acted dishonestly or in bad faith. As such, agents should be careful to pass relevant information to their principal, particularly if they are under a contractual obligation to do so.

Account aggregators: financial information sharing framework
Tuli & Co
  • Insurance
  • India
  • 16 July 2019

The account aggregator ecosystem was introduced to solve the problems of data portability in the insurance sector, among others. However, the question of whether the business model is viable will largely hinge on the successful implementation of the consent architecture envisaged under the Master Directions Non-Banking Financial Company – Account Aggregator (Reserve Bank) Directions and the terms of the contractual arrangements which are entered into with the various regulated entities.

EU equivalence assessment of Swiss stock exchanges
Niederer Kraft Frey
  • Capital Markets
  • Switzerland
  • 16 July 2019

The Federal Department of Finance recently announced that it was activating the measures adopted by the Swiss Federal Council to protect the Swiss stock exchange infrastructure in anticipation of the expiration of the stock market equivalence granted by the European Commission. Notably, the protective measures do not affect companies with registered offices in Switzerland that are listed and traded exclusively on exchanges outside Switzerland.

Authorisation requirements for third-country insurers: implications of a hard Brexit
Mannheimer Swartling
  • Insurance
  • Sweden
  • 16 July 2019

In the event of a hard Brexit, UK insurers must obtain authorisation as third-country insurers in Sweden in order to offer their products to the Swedish market. Notably, insurers that are uncertain of whether the business which they intend to conduct constitutes insurance business in Sweden and is thus subject to authorisation can apply for a preliminary ruling from the Swedish Financial Supervisory Authority on the issue.

Appellate court rules that subrogated insurers assume same rights and limitations as assureds
Kincaid | Mendes Vianna Advogados
  • Insurance
  • Brazil
  • 16 July 2019

A recent Sao Paulo State Appellate Court case concerned a carriage of goods by sea from Port Everglades (United States) to the port of Rio de Janeiro (Brazil). The court's decision sets an important precedent in recognising that subrogation cannot be used to reinstate a right that no longer applies where a rights holder fails to observe a legal requirement. Therefore, subrogated insurers assume the same rights and limitations as assureds.

SEC clarifies investment adviser standard of conduct
Morrison & Foerster LLP
  • Capital Markets
  • USA
  • 16 July 2019

The Securities and Exchange Commission recently issued an interpretive release designed to reaffirm, and in some cases clarify, the standard of conduct that investment advisers owe to their clients. While the interpretive release includes no new regulation, it clarifies the type of disclosure, policies and procedures that advisers should adopt to ensure that they continue to operate in a manner that is consistent with their fiduciary obligations.

Who has locus standi to bring derivative actions in Cyprus?
Elias Neocleous & Co LLC
  • Litigation
  • Cyprus
  • 16 July 2019

In order for a derivative action to be raised, there must be evidence of fraud and of wrongdoers controlling a company to the extent that the company cannot be made a plaintiff in a lawsuit. Recent case law has confirmed that when shares in a company are held on trust by a nominee shareholder, only they are entitled to raise an action on the company's behalf. In practice, this means that a company's beneficial owner has no locus standi to claim their rights.

Have foreign-invested insurer licences been made available to foreign investors?
AnJie Law Firm
  • Insurance
  • China
  • 16 July 2019

For foreign investors with an eye on the Chinese insurance market, obtaining an insurance intermediary licence is a good idea. However, compared with insurance brokerage licences, insurance agency licences are difficult for foreign investors to obtain. Therefore, foreign investors that wish to acquire control over a Chinese insurer should consider either setting up a new foreign-invested insurer or acquiring an existing foreign-invested insurer.

What to do when your product is copied
KISCH IP
  • Intellectual Property
  • South Africa
  • 15 July 2019

South Africa has seen a dramatic rise in entrepreneurial activity, with many seeking to launch new products in the marketplace. However, with the success of a product comes the risk of the idea being copied and advantage being taken of the already established route to market, thereby affecting the original product's sales and brand. Therefore, any party that creates or legitimately distributes a product that they believe will be well received must take the appropriate steps to protect it.

Timing is everything: how early retention of expert consultants can make or break construction claims
Kilpatrick Townsend & Stockton LLP
  • Construction
  • USA
  • 15 July 2019

Resolving construction disputes often involves unravelling complex issues and requires the analyses and opinions of expert witnesses in various industries relating to the project. Therefore, retaining an expert consultant as soon as litigation is imminent can be the difference between a party's pursuit or defence of construction litigation claims. To best utilise the leverage and advantages that non-testifying consultants offer, parties should retain legal counsel who are aware of the role that timing plays in expert retention.

Effectiveness of protective briefs in pharmaceutical patent matters
Grau & Angulo
  • Intellectual Property
  • Spain
  • 15 July 2019

In order to better understand the usefulness of protective briefs, this article examines some recent cases that show that protective briefs can, in certain cases, reduce or even eliminate the risk of an ex parte preliminary injunction and the inconveniences associated therewith.

Business judgement rule and liability of non-executive directors
Grieco e Associati
  • Company & Commercial
  • Italy
  • 15 July 2019

Italian corporate law establishes the liability of members of the board of directors of joint stock companies depending on whether they are chief executive officers or executive directors or independent and non-executive directors. Recent Supreme Court of Cassation and Milan Court of Appeal decisions focused on the liability of non-executive directors by affirming that they must be proactive and fulfil their duty to be as informed as possible to ensure a suitable standard of corporate governance.

Upstream parent company guarantee challenged in court for first time
Advokatfirmaet Simonsen Vogt Wiig AS
  • Energy & Natural Resources
  • Norway
  • 15 July 2019

For the first time, the Norwegian courts have ruled in a case regarding the scope of the parent company guarantee (PCG) for licensees on the Norwegian Continental Shelf. The Borgarting Court of Appeal recently overturned a district court judgment and largely accepted the Norwegian government's interpretation of the PCG's scope of applicability. Although the ruling, which is likely to be appealed, provides some clarity, the question of whether tax claims are covered was not resolved.

What happens when an EU mark is not well known in Hungary?
Danubia Patent and Law Office LLC
  • Intellectual Property
  • Hungary
  • 15 July 2019

The Hungarian Intellectual Property Office (HIPO) recently refused to register a mark on the basis that the opponent had proved its prior mark's reputation in a substantial part of the European Union. The applicant requested a review by the Metropolitan Tribunal, contesting the significance of the HIPO's decision for Hungary if reputation could be proved only in other EU member states. As the tribunal had doubts in this regard, it referred the case to the European Court of Justice for the first time.

Liability for damages due to export of toxic waste: final ruling
Advokatfirman Lindahl
  • Environment & Climate Change
  • Sweden
  • 15 July 2019

In a long and extensive environmental liability suit in Sweden, approximately 800 Chileans sued a Swedish mining company. The claim was based on the grounds that the mining company had exported toxic waste to Chile which subsequently caused damage to the plaintiffs' health. The case regards a potentially tortious act which occurred more than 30 years ago and poses the question of whether a company can be liable for environmental damage disclosed long after the tortious act has taken place.

ISS takes early look at 2019 proxy season
Cooley LLP
  • Company & Commercial
  • USA
  • 15 July 2019

With 70% of the Russell 3000 annual meetings completed, Institutional Shareholder Services (ISS) has taken an early look at the 2019 proxy season. ISS found increases in opposition to director elections and say-on-pay proposals, as well as increases in the number of and withdrawal rates for environmental and social (E&S) proposals relative to governance proposals. In addition, the disparity between the levels of support for E&S proposals and the historically more popular governance proposals has narrowed dramatically.

Patent Cooperation Treaty patents allowed
IP Law Galli
  • Intellectual Property
  • Italy
  • 15 July 2019

The so-called 'Growth Decree' includes a rule which allows an Italian patent application to be filed based on an international patent application filed under the Patent Cooperation Treaty. The adoption of this provision offers companies a cheaper alternative where the potential exploitation of an invention does not justify the investment required to obtain a European patent. The provision responds to a pressing practical need and is a welcome change.

New Industrial Property Code enters into force
Baptista Monteverde & Associados
  • Intellectual Property
  • Portugal
  • 15 July 2019

The new Industrial Property Code recently entered into force with a number of amendments resulting from the implementation of the EU Trademark Regulation. Most of the changes represent a real break with the previous legal framework. The main changes concern trademark registration, the scope of rights conferred by patents and limitations on the subject matter of utility models.

Virtual currency regulation
  • Banking
  • Austria
  • 12 July 2019

Austria has no domestic legislation that directly applies to virtual currencies, although operations using cryptocurrencies may fall under existing laws. For instance, platforms for purchasing crypto assets which settle payments in euros require a licence under the Payment Services Act 2018. Purely technical services would not be covered by these licensing requirements, but would most likely be captured by the requirement for a general trade licence necessary for carrying on a trade in Austria.

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