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Commercial Litigation UK
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May 30, 2024
Xiaomi Hit With FRAND Litigation In Paris
A patent holding company has accused Xiaomi in a French court of unlawfully using its tech patents for "nearly all" of 4G-enabled devices, just a week after suing the phone giant in India.
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May 30, 2024
Manager Claims Wealth Fund Has Shorted His Fees For Years
A wealth fund manager has sued his employer for £252,900 ($321,300) in missing management fees and bonuses, alleging at a London court that his trust in bosses meant he didn't realize they had underpaid him for several years.
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May 30, 2024
Firm Faces Negligence Case Over Historical Sex Abuse Claim
Law firm Hugh James is being sued for as much as £1.5 million ($1.9 million) by a former pupil of a Catholic school who alleges solicitors mishandled his claim over historical sexual abuse.
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May 30, 2024
Co-Founder Says French Incubator Wants To 'Destroy' Him
A co-founder of a French incubator has urged a London court to throw out a claim brought against him by his former company over allegedly misappropriated funds, saying the aim of the "vexatious and oppressive" litigation was to "destroy" him.
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May 30, 2024
Legal Advice On Corp. Setups Protected, ECJ Adviser Says
A law firm's legal advice, even that concerning the setting up of a corporate investment structure, is within the scope of legal professional privilege guaranteed by European Union law, an adviser to the EU's highest court said Thursday.
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May 30, 2024
Divorcee Of Putin Ex-Son-In-Law Sues Investment Co. For £1M
The ex-wife of Vladimir Putin's former son-in-law has claimed that a venture capital firm owes her £1.1 million ($1.4 million) for allegedly failing to help her to secure her divorce proceedings and a $60 million prenuptial agreement.
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May 30, 2024
Italian Rules On Internet Companies Unlawful, ECJ Finds
Amazon, Google, Airbnb and other internet companies have won their fight against a law requiring them to provide Italian authorities with information about their operations as the European Union's highest court ruled Thursday that the obligation breaches of the bloc's rules.
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May 30, 2024
Odey Sues FT For Libel After Sexual Misconduct Allegations
Crispin Odey has sued the Financial Times at a London court after the newspaper published articles that contained a string of allegations of sexual misconduct against the well-known financier.
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May 29, 2024
Autonomy Founder Pushed Sales Team Hard, Jury Hears
A federal prosecutor cross-examining ex-Autonomy CEO Michael Lynch on Wednesday in a criminal fraud trial over claims the British tech tycoon conned HP into overpaying billions for his software company sought to portray Lynch as an overbearing leader who put intense pressure on his team to generate "revenue revenue revenue."
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May 29, 2024
Malaysia Plans Suits Over $14.9B Award To Sulu Claimants
Units of Malaysia's national natural gas company are planning to file litigation in Europe against claimants awarded $14.9 billion and their litigation funder following a high-stakes arbitration with the Southeast Asian country over a 19th-century land deal, according to newly filed documents in New York.
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May 29, 2024
Lawyer Loses Bid To Nix SRA Probe Over COVID Vax Letters
The Solicitors Disciplinary Tribunal on Wednesday tossed a bid by an impugned solicitor to have his prosecution struck out for abuse of process, saying the case regarding whether he misused his position in representing vaccine-hesitant clients should proceed to trial.
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May 29, 2024
Taylor Wessing Says £395K Unpaid For Advising Football Club
Taylor Wessing LLP is suing a real estate company owned by the chairman of Southend United FC for £394,733 ($502,000) that it alleges remains unpaid after the law firm provided legal services to the National League football club.
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May 29, 2024
Penguin Loses 'Plan B' TM Bid Over Bad Faith Ruling
A European court refused to overturn a decision nixing a Penguin Random House trademark bid Wednesday, upholding a previous ruling that the application was made to usurp the existing name rights of an independent Spanish publisher.
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May 29, 2024
Turkish Cos. Say Ship Owner Failed To Keep Vessel Seaworthy
Two Turkish companies have hit back at a freighter owner's claim for compensation over an engine room fire that caused the ship to drift toward the Yemeni coast, arguing in London court filings that it was caused by negligence.
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May 29, 2024
Russian Billionaire Beats Sanctions Over Lack Of Evidence
The European Union lacked justification to sanction billionaire Farkhad Akhmedov following Russia's invasion of Ukraine since there's no credible evidence he's a leading figure in economic industries vital to the government, an EU court ruled Wednesday.
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May 29, 2024
Chiquita Brands Scores Victory In 'Queen' TM Dispute
Chiquita Brands notched a trademark win Wednesday in its bid to register "Chiquita Queen," after a European court ruled that earlier panels were wrong to think it would encroach on an existing fruit brand's territory.
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May 29, 2024
Barrister Fined For Not Disclosing SRA Investigation
A lawyer was fined £5,000 ($6,360) Wednesday for not informing the barrister's regulator of an investigation into him by the Solicitors Regulation Authority over a failure to safeguard client information and assets by a law firm he ran.
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May 29, 2024
Italian Airline's Chair Hits Back At €50M 'Revenge' Claim
The chair of Aeroitalia has urged a London court to throw out a €50 million ($54 million) claim over the Italian airline, arguing he had not agreed to transfer most of his stake in the business to a company claiming to have links with aviation magnate German Efromovich.
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May 29, 2024
Teacher Wins Race Harassment Claim Against School
An employment tribunal has ruled that a school in Wales harassed a Black history teacher while investigating offensive comments she allegedly made in a lesson about her lack of trust in police and her use of a racial slur.
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May 29, 2024
Belarus Airline Can't Curb Sanctions Over Lukashenko Ties
The General Court of the European Union upheld sanctions against a Belarusian airline on Wednesday, ruling that the carrier is backed by President Alexander Lukashenko and helped to facilitate the illegal entry of migrants from the Middle East into the bloc.
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May 29, 2024
Great Western Railway Loses Appeal In Whistleblowing Loss
Great Western Railway has lost its attempt to overturn a worker's whistleblowing win, as an appeals tribunal held that a judge was right to find the train operator victimized the employee for bringing legal action years earlier.
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May 28, 2024
Autonomy Founder Says HP 'Panicked,' Tried To Unwind Deal
Autonomy founder Michael Lynch testified Tuesday in a California federal criminal trial over claims he conned HP into overpaying for his company that HP's board "panicked" after news of the acquisition leaked and HP's stock dropped 20%, that HP fired its CEO and that it attempted to back out of the deal.
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May 28, 2024
Lawyer Wants To Strike COVID Probe As Abuse Of Process
A solicitor asked the profession's disciplinary tribunal on Tuesday to strike out his prosecution, claiming the legal regulatory body's attempt to sanction him over his representation of workers opposed to the COVID-19 vaccine is an abuse of process.
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May 28, 2024
Berkeley Energia Hits Spain For $1B Over Nixed Uranium Plant
Clean energy company Berkeley Energia Ltd. announced Tuesday that it is seeking $1 billion in preliminary compensation from Spain in international arbitration after the country shut down the company's bid to construct a uranium mine and processing plant.
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May 28, 2024
Eastman Group Accused Of Owning No Rights In IP Spat
A company selling paint protection film for cars is fighting allegations that one of its managers stole a database belonging to Eastman Group in order to jumpstart the business, arguing the information wasn't confidential.
Expert Analysis
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GDPR Case Sheds Light On Threshold For Individual Damages
The recent EU Court of Justice judgment in Österreichische Post clarified that an individual must suffer damages from an infringement of the General Data Protection Regulation to claim compensation, but the lack of guidance regarding calculation creates further ambiguity for organizations and an opportunity for individuals to forum shop, say lawyers at Van Bael & Bellis.
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What Private Investment Can Bring To Barristers' Chambers
The recent private equity investment in The Barrister Group, believed to be the first at the Bar of England and Wales, demonstrates how an upgrade in chambers' business processes and technology can be achieved, both essential for the future of the profession, says Harry Hodgkin at The Barrister Group.
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The Path Forward For Blockchain Patents In The UK And EU
The U.K. Intellectual Property Office's recent refusal of an IGT patent application highlights that certain blockchain innovations, including those relating to improved security, are more likely to be patentable than others, which is consistent with the overall European approach and available data, says Andrew Rudhall at Haseltine Lake.
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High Court Case Nearly Settles Fixed-Or-Floating-Charge Test
While the High Court recently clarified in the Avanti Communications case that a limited freedom of a charger to deal with permanent assets will not create a floating charge, it does not resolve the differences in opinion between borrowers' and lenders' lawyers about the extent of that freedom, say Paul Denham and Bruce Johnston at Morgan Lewis.
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What The Oil Spill Case Means For Corporate Enviro Liability
Amid increasing strategic environmental litigation, the recent Supreme Court decision in Jalla v. Shell serves as a reminder of the limitations to using private law action and that the courts will not necessarily dilute procedural or substantive rules to accommodate these claims, say lawyers at Cleary.
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French And UK Patent Litigation Will Likely Influence The UPC
The newly opened Unified Patent Court represents a seismic, yet untested, change to how patent litigation is conducted within Europe, and the practices of French and U.K. courts may play a role in its development, including on issues such as saisies and document production, say lawyers at Gowling.
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Examining The Growing Strength Of FRC Enforcement Actions
As the U.K. Financial Reporting Council prepares to broaden its powers and transition into the Audit, Reporting and Governance Authority in 2024, it is already demonstrating an increased appetite for enforcement, with greater expectations placed on auditors, say Kathleen Harris, Sean Curran and Melissa Dames at Arnold & Porter.
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Insights On UK Efforts To Combat Greenwashing Claims
The recent censure by U.K. advertising and consumer protection regulators of a number of companies' attempts to highlight their green credentials demonstrates that efforts to tackle greenwashing are gathering pace, and the question of how consumers understand sustainability claims made by companies is coming into sharp focus, say Robert Allen and Craig Gilchrist at Simmons & Simmons.
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GDPR Case Offers Useful Clarifications On Data Access
The recent EU Court of Justice decision in FF v. Österreichische Datenschutzbehörde is a critical junction for data protection law, clarifying that the right of access requires copies of documents containing personal data, but this will likely to incur higher compliance costs and administrative burdens for businesses, say Thibaut D'hulst and Defne Örnek at Van Bael & Bellis.
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UK Case Shows Risks Of Taking Shortcuts In Fund Payments
While the High Court recently reversed a decision in Floreat Investment Management v. Churchill, finding that investors routing funds into their own accounts was not dishonest, the case serves as a cautionary tale on the dangers of directing investment funds other than as contractually provided, say lawyers at Dechert.
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How The UK Employment Court Backlogs Jeopardize Justice
While employment tribunal case delays may not top the agenda of new Secretary of State for Justice Alex Chalk, recent data reveals deep and long-term issues, including a staggering half a million current or former employees waiting for their case to trudge forward in the queue, says Heather Wilmot at ARAG.
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ClientEarth Case Shows Shareholder Hurdles In Climate Suits
Climate-related shareholder activism is on the rise, but ClientEarth's recent setback in the High Court case ClientEarth v. Shell suggests that derivative action may not be a fruitful route to force directors to move closer to net-zero targets, say lawyers at Herbert Smith.
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Benefits Of Unified Patent Court Compared To Local Litigation
Recently opened for business, the Unified Patent Court offers a faster, cheaper and more streamlined solution to handle patent disputes compared to EU countries and the U.S., and could become the most important forum for patent litigation in Europe, if not worldwide, say lawyers at McDermott.
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Expansion Of Court Filming May Carry Reputational Risks
In light of the U.K. government’s recent consultation on expanding filming across the courts system in England and Wales, our right to open justice must be weighed carefully against the reputational risk that litigation poses to all parties involved, says Bella von Bohlen at FTI Consulting.
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A First Look At UK's Reform Approach To EU Employment Law
The U.K. government's recent proposal on EU employment laws is relatively modest, retaining the post-Brexit law in areas such as recording working hours and holiday pay calculations, and assuaging predictions of a bonfire of EU employment rights, say Sally Hulston and James Davies at Lewis Silkin.