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In Reciprocal Enforcement of Judgments

Hong Kong: Practical Guide – Enforcing Mainland Judgments in Civil and Commercial Matters under the latest Arrangement on Reciprocal Recognition and Enforcement of Judgments

by 8 Mins Read

In brief On 29 January 2024, the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region (“Arrangement”) has taken effect simultaneously in both Hong Kong and the Mainland. The Arrangement establishes the mechanism for the reciprocal recognition and enforcement of judgments in civil and commercial matters between the Mainland and Hong Kong. Certain procedural steps must be taken by…

In Crypto

United States: Finally, a court decides – XRP, by itself, is not a security. Your turn, Congress.

by 10 Mins Read

In brief On July 13, 2023, Judge Analisa Torres of the Southern District of New York issued an Order on competing motions for summary judgment in the closely followed SEC v. Ripple Labs, Inc. litigation. As the first court decision to broadly address the question of whether a cryptocurrency itself is a security, as the SEC has maintained in most circumstances, the Order may have broad implications to the state of crypto industry regulation in the US.…

In Attorney-Client Privilege

Global Attorney-Client Privilege Guide

by 1 Min Read

The most comprehensive guide of its kind, the Global Attorney-Client Privilege Guide is an interactive resource covering the law and best practices on privilege in 34 key jurisdictions.The up-to-date understanding of the law of privilege found in the Guide helps companies to maximize the available protections and ensure that, where possible, privilege is maintained.When litigation is threatened, companies whose employees know how to recognize and protect privileged information are better prepared to respond to the risks.Moreover, against…

In Regulatory, Public and Media

Human Rights Act Reform: Back to the future – a modern bill of rights?

by 6 Mins Read

IN BRIEF On 14 December 2021, the UK Government launched a consultation on proposals to reform the Human Rights Act 1998 (“HRA”) entitled “Human Rights Act Reform: A Modern Bill of Rights” (“Consultation”). The Consultation recently closed for most recipients, and its outcome could reshape existing constitutional norms and protections, as well as opening a path to the light-touch regulatory economy reportedly envisaged as part of the UK’s post-Brexit future. IN DEPTH (a) Background to…

In Civil Proceedings

Poland: Towards digitalized civil proceedings

by 2 Mins Read

In 2021, a new law concerning civil proceedings became effective in Poland. The new law introduced, among other things, three major changes that will impact the proceedings. The online service of court documents during proceedings and online hearings as default are new and have been forced by the Covid-19 pandemic and will last for its duration. They are aimed at facilitating safe communication between the court and the parties to the proceedings. The third change…

In Employment Litigation

The COVID-19 Employment Litigation Landscape – Is It All Uphill From Here?

by 2 Mins Read

When world economies face challenges, employment litigation claims of all types arise. In this Quick Chat video, our Labor and Employment lawyers discuss the range of trending employment-related claims and cases and share what employers can do to best position themselves to manage impending litigation. Click here to watch the video chat. Review our brochure, COVID-19 Employment Litigation on the Rise – How We Can Help, to read more about the current landscape, access useful resources and learn how our seasoned…

In Uncategorized

China: New class action framework for corporate fraud in the securities market

by 1 Min Read

China has launched a new class action mechanism to crack down on corporate malfeasance in the securities market. Although legal actions by individual investors were possible previously, this was often difficult and costly. Under the new mechanism, the China Securities Investor Services Centre, a Chinese government-affiliated body, can sue on behalf of no fewer than 50 investors in a company, on an opt-in basis. The finding by a court or a regulator that a company…

In Competition Litigation

Home sweet home? National jurisdiction for cartel damages claim proceedings in the EU – Episode 3

by 5 Mins Read

On 29 July 2019, the Court of Justice of the European Union (“CJEU”) confirmed in Tibor-Trans/DAF Trucks (C-451/18) [1] that indirect customers can claim damages for damage suffered from cartel-related excessive pricing. However, claimants can sue infringers only in EU Member States within the geographic market affected by the anti-competitive conduct. For establishing jurisdiction, it is no longer relevant where the claimant suffered the damage. Is this the end of the “home-field advantage” for damaged…

In Asia Pacific

Recent Amendments to the Japanese Civil Enforcement Act

by 4 Mins Read

In order to file a petition for a compulsory enforcement, a petitioner is required to identify the location of the obligor’s property. If a creditor wins a civil case against a debtor but cannot identify the debtor’s property, then the creditor would not be able to enforce the judgment against the debtor. In this regard, the Japanese legal system has been unsuccessful in obliging the debtor to disclose its assets. Traditionally, the creditor would be…

In Class Actions

U.S. Supreme Court Holds Courts May Not Infer Parties’ Consent To Classwide Arbitration Where Agreement Is Ambiguous

by 3 Mins Read

UNITED STATES – In a 5-4 decision, the U.S. Supreme Court recently held that classwide arbitration must be explicitly called for in an arbitration agreement to be enforceable. Specifically, the Court held that ambiguity as to whether the parties agreed to arbitration on a classwide basis cannot provide a “contractual basis” sufficient to compel class arbitration. Plaintiff Frank Varela filed the underlying lawsuit against his employer, Lamps Plus Inc., after a hacker gained access to…

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