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Challenging and Contesting a Will
Shepherd and Wedderburn LLP, July 2021

The death of a loved one is a difficult time and situations in which a Will is contested can be an additional burden. Challenging or contesting a Will in Scotland is slightly different from the rest of the UK and this guide is designed to set out the main grounds of challenge to a Will on both sides of the border.  Disputes can arise because of a poorly drafted Will, where there is a disappointed beneficiary or where a loved one appears to have been “disinherited”...

Amidst Uncertainty Surrounding the Scope of BIPA Liability, Hyatt Settles Employee Biometric Data Class Claims for $1.5 Million
Hunton Andrews Kurth LLP, July 2021

Use of employee biometric data – including fingerprints, eye scans, voiceprints, and facial scans – continues to be a popular, yet legally risky, proposition for employers. Several states and municipalities have laws that specifically govern the use of biometric data, the highest profile of which is the Illinois Biometric Information Privacy Act (BIPA)...

Outsourcing to Cloud Computing Service Providers
PLMJ, July 2021

The European Insurance and Occupational Pensions Authority (“EIOPA”) is entrusted with 1 issuing guidelines and recommendations to Member States’ supervisory authorities on how insurance and reinsurance undertakings should apply the Solvency II Directive 2 in order to (i) establish consistent, efficient and effective supervisory practices and (ii) ensure the common, uniform and consistent application of Union law...

An Employee Does Not Have to be Caught Red-Handed in an Act of Misconduct to be Found Culpable
ENSafrica, July 2021

A group of 50 striking employees confront their manager in his office. An altercation ensues, which culminates in the manager being violently assaulted. Only five of the striking employees are caught “red-handed”, having been identified as the perpetrators of the violent assault. The rest are only identified as having been there when the assault took place...

The Court Approved a Settlement Agreement in a Class Action Filed against Korean Air
Fischer, July 2021

Class Action 30633-05-18 Smuelitz v. Korean Air Co., Ltd Our firm successfully represented Korean Air in a motion to certify a class action suit alleging a failure to refund airport taxes on unused flight tickets. As part of its motion, the plaintiffs requested that Korean Air automatically reimburse airport taxes for unused flight tickets, and pay substantial monetary compensation, for failure to reimburse...

HKIAC Statistics
Deacons, July 2021

The HKIAC recently published its “Average Costs and Duration Report”, which reveals some interesting statistics about the average cost and duration of arbitrations administered by the HKIAC under the HKIAC Administered Arbitration Rules (Rules). The statistics are derived from cases in which a final award was issued between 1 November 2013 and 31 May 2021 (Relevant Period)...

Court Confirms Modern Approach to Construing Arbitration Clauses
Deacons, July 2021

In Houtai Investment Holdings Ltd v Leung Yat Tung & Ors, HCA 1725/2019, the Plaintiff’s claims were made as owner of vessels, said to have been leased to CAE under oral agreements...

Inconsistent and Conflicting Contractual Terms – What is the Court’s Approach?
Deacons, July 2021

In Septo Trading Inc v Tintrade Ltd [2021] EWCA Civ 718, the issue before England’s Court of Appeal was whether a quality certificate issued by an independent inspector at the load port was intended to be conclusive evidence of the quality of a consignment of fuel oil supplied under an international sale contract...

An Arbitrator’s Duty to Avoid Conflicts of Interest
Deacons, July 2021

In Secretariat Consulting Pte Ltd v A Company [2021] EWCA Civ 6, England’s Court of Appeal held that, depending on the terms of the retainer, the relationship between a provider of litigation support services/expert and his or her client, may have one of the characteristics of a fiduciary relationship, namely a duty of loyalty or, to put it another way, a duty to avoid conflicts of interest...

Remote Hearings - Finishing Ahead?
Shepherd and Wedderburn LLP, July 2021

Whether remote hearings are desirable for civil proofs is controversial, but this account of a substantial proof in the Commercial Court suggests it was a positive experience The purpose of this article is to report on a recent proof before answer hearing that was conducted fully remotely, and to set out some tentative thoughts on the future of remote hearings based on that experience. This is not intended to suggest that what was done should be followed in all hearings...

Latest Federal Court Cases, 7/19/21
Schwabe, Williamson & Wyatt, July 2021

BOT M8 LLC v. Sony Corporation, Appeal No. 2020-2218 (Fed. Cir. July 13, 2021) In this week’s Case of the Week, the Federal Circuit addressed the stringency of pleading requirements alleging patent infringement.  At issue in the case was Bot M8 LLC’s lawsuit against Sony Corporation of America, alleging infringement of six patents relating to gaming machines...

Can Emergency Government or Regulatory Rules Frustrate Aircraft Leases?
Shoosmiths LLP, July 2021

The High Court has considered emergency response measures affecting the aviation sector. In two recent cases, aircraft lessors tried to enforce their lessees’ payment obligations, but were met with arguments that the leases had been frustrated. A contract is frustrated when an event arises after its formation and renders performance impossible, illegal or radically different from that which the parties had contemplated...

Latest Federal Court Cases, 07/06/21
Schwabe, Williamson & Wyatt, July 2021

In re: Samsung Electronics Co., Ltd., et al., Appeal Nos. 2021-139, -140 (Fed. Cir. June 30, 2021) In this week’s Case of the Week, the Federal Circuit granted mandamus petitions filed by Samsung and LG Electronics, directing that patent cases pending against them in the Western District of Texas be transferred to the Northern District of California...

Litigating COVID-19 Claims in Florida — A Lawyer’s Guide
Bradley Arant Boult Cummings LLP, July 2021

Lawyers prosecuting COVID-19 claims should keep the law’s potential speedbumps in mind as they drive their cases. This article briefly describes what both sides of the bar should consider—and look for moving forward—when navigating COVID-19 cases in Florida. Florida recently codified significant protections for individuals, businesses and other organizations facing COVID-19-related lawsuits...

Supreme Court Clarifies the Scope of Duties for Professional Advisers
Shoosmiths LLP, July 2021

The cap may no longer fit - In a welcome and well-reasoned decision from the Supreme Court in the case of Manchester Building Society -v- Grant Thornton, the scope of duty and extent of liability of professional advisers has been comprehensively reviewed and clarity provided. The Manchester Building Society (“MBS”) claim related to a claim against Grant Thornton (“GT”) regarding auditing and accounting advice it provided...

When Does a Child Arrangements Order Come to an End?
Shoosmiths LLP, July 2021

A child arrangements order is a court order which states where a child will live, how they will be cared for and how they will spend their time with one or both of their parents. A question which often goes unasked, however, is how long will the order last? The contact arrangements set out within a child arrangements order, i.e...

What the Law Says about ‘Copycat’ Brands
Shepherd and Wedderburn LLP, July 2021

From caterpillar cakes and “anti-establishment” IPA beer to gin, the issue of “copycat” own brands has been thrown into the spotlight by a series of recent court actions involving some of the country’s best-known food and drink producers and discount supermarket chains...

A Practical Guide to Defective Product Compensation Claims under the Consumer Protection Act
Shepherd and Wedderburn LLP, July 2021

The Consumer Protection Act 1987 (the CPA) was enacted almost 35 years ago in order to implement EU law. The act introduced the concept of “strict liability” into the arena of product supply to certain users. This means that consumers who are injured by defective products can sue manufacturers without having to prove negligence.  This practical guide provides an overview of the CPA for consumers and manufacturers, with reference to recent key cases...

How to Prove your Case in a Commercial Dispute
Shepherd and Wedderburn LLP, July 2021

A party making a claim bears the burden of proof, meaning that it is responsible for proving its claim. In civil disputes (as opposed to criminal matters) a claim generally must be proven ‘on the balance of probabilities’ if it is to be successful. How is this achieved? The answer is that the claimant must present sufficient evidence to persuade the decision maker that its case is more probable than not...

Right to Roam- Wild Camping Legal Rights in Scotland
Shepherd and Wedderburn LLP, July 2021

The popularity of wild camping following the easing of the first lockdown caused a number of problems for landowners and managers concerned about the impact on the countryside. Now, as we head into a summer of staycations, landowners may wish to familiarise themselves with the public’s right of responsible access afforded by the Land Reform (Scotland) Act 2003...

Supreme Court Limits Assignor Estoppel in Minerva Surgical v. Hologic
Dinsmore & Shohl LLP, July 2021

The Supreme Court, in Minerva Surgical, Inc., v. Hologic, Inc., et al., Case No. 20-440, recently upheld the doctrine of assignor estoppel, but severely limited its reach. The Court limited assignor estoppel to not apply in the cases of a “common employment arrangement” with an employer and employee, when there is a change in law, and when the issued patent has “materially broader” claims than the assigned invention...

Climate Cases Crest Into Florida: Reynolds v. Florida and What’s Next
Bradley Arant Boult Cummings LLP, July 2021

Over the past ten or so years, imaginative plaintiffs have pressed “climate change cases” in federal and state courts across the United States. In these cases, plaintiffs (most commonly states, municipalities, or environmentalists) sue defendants (often energy companies, states, or municipalities themselves) seeking damages related to climate change. While these cases have proliferated across the country, Florida saw very few in the early going...

Change of Seat of Arbitration by Mutual Agreement
Kochhar & Co. Advocates & Legal Consultants, June 2021

The question whether exclusive jurisdiction of an Arbitration proceeding can be vested on the basis of the Seat of Arbitration irrespective of any cause of action having arisen at the place of the said seat has been debated now for some time before various Courts...

Supreme Court Rejects Third Challenge To Affordable Care Act
Dykema, June 2021

On June 17, the Supreme Court rejected another court challenge to the Affordable Care Act (“ACA”), holding that the plaintiffs lacked standing to challenge its minimum essential coverage provisions. For the third time, the Supreme Court upheld the ACA. More than a decade after the ACA was enacted, the long and winding road of ACA challenges may be over and healthcare industry participants may finally be able to rely on the ACA as settled law moving forward...

SUPREME COURT RULING: Minerva Surgical, Inc. v. Hologic, Inc., June 29, 2021
Schwabe, Williamson & Wyatt, June 2021

Minerva Surgical, Inc. v. Hologic, Inc., et al, No. 20-440 (S. Ct. June 29, 2021) The Supreme Court issued a decision today upholding the validity of the doctrine of assignor estoppel and clarifying its proper limits. The Court held that the doctrine only applies when “the assignor’s claim of invalidity contradicts explicit or implicit representations he made in assigning the patent...

 

 

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