Remedies and Enforcement

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Remedies and Enforcement

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Law Firm: DLA Piper | Published: 09 March 2018 | Practice Area: Banking and Finance

Supreme Court limits scope of safe harbor protection for avoidance actions

Analysis of an important Supreme Court decision relating to Section 546(e) of the Bankruptcy Code, which protects certain transfers from clawback under the avoidable transfer provisions of the Bankruptcy Code.

Law Firm: Allen & Overy | Published: 05 March 2018 | Practice Area: Company Secretariat

Whistleblowing and detriment claims: the latest developments

A podcast focusing on detriment claims in a whistleblowing context.

Law Firm: Gowling WLG | Published: 02 March 2018 | Practice Area: Remedies and Enforcement

Tax Act changes deductibility of False Claims Act payments

A look at the new tax law which limits the deductibility of False Claims Act settlements and requires that settlement agreements identify the deductible “restitution” amount

Law Firm: Latham & Watkins | Published: 23 January 2018 | Practice Area: Financial Services Regulation

Court overturns $350 Million judgment in FCA case: materiality, scienter, and causation standards preclude liability by 'zaps, traps, and zingers'

A look at a Florida federal court decision on a False Claims Act case that may help claims linked to corporate pressure.

Law Firm: Reed Smith | Published: 23 January 2018 | Practice Area: Corporate

Trade mark update for 2018

A look at 12 key developments in trade mark law from 2017

Law Firm: Herbert Smith Freehills | Published: 22 January 2018 | Practice Area: Sale and Supply of Goods and Services

Rating: 2 people found this useful

Supreme Court considers that there is no requirement of direct damage in England for permission to serve tort claim outside the jurisdiction at common law

An examination of a Supreme Court ruling that direct damage in the jurisdiction is not required to come within the tort jurisdictional gateway in the CPR.

Law Firm: Herbert Smith Freehills | Published: 18 January 2018 | Practice Area: Administrative and Public Law

Rating: 3 people found this useful

Exclusive remedy clauses: A cautionary tale

This article provides a brief overview of exemption and exclusive remedy clauses, and summarises the issues arising from the recent case of Scottish Power UK PLC v BP Exploration Operating Company Ltd.

Law Firm: DLA Piper | Published: 26 July 2017 | Practice Area: Administrative and Public Law

Rating: 5 people found this useful

Back to first principles: the pitfalls of informality in contracts

This briefing looks at a recent case which serves as a useful reminder of first principles in relation to contract formation, as well as highlighting the risks of taking a relaxed approach to documenting contractual arrangements, particularly when the subject matter is high value.

Law Firm: RPC | Published: 03 July 2017 | Practice Area: Remedies and Enforcement

Rating: 14 people found this useful

Breaking serve: risks when serving English proceedings within the EU

The High Court has handed down judgment in a case which will be of interest to claimants litigating disputes against defendants in the European Union. It centres on the nature of EU Regulation 1393/2007 and the English Court’s approach to curing defects in service under it.

Law Firm: 20 Essex Street | Published: 05 July 2016 | Practice Area: Transport

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