Litigation

January 10 2017
Norm Emblem Court of appeal certifies class action dominated by foreign investors

Canada - Dentons

A divided Court of Appeal for Ontario recently granted certification to a global class of accredited investors in an auditor's liability claim, and held that there is no independent principle of restraint to which a court should adhere when certifying a global class. The decision creates a precedent for parties seeking to certify global class actions in Ontario, but will also limit the comfort that parties take in their certification decisions.

Authors: Norm Emblem, Jessie Lamont, Aoife Quinn
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Michael Allan Civil appeals of accountants' disciplinary proceedings

Hong Kong - Smyth & Co in association with RPC

The Court of Appeal recently declined to interfere with a disciplinary committee's finding that the respondent accountants had failed to observe a professional standard when issuing an unqualified opinion regarding the financial statements of a listed company. The outcome in the case confirms a general caution on the part of the courts when asked to review the decision of a professional body's disciplinary committee that a member failed to observe a technical standard or guideline.

Authors: Michael Allan, David Smyth
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Gan Khong Aik Federal Court spells out restriction for notices of cross-appeal

Malaysia - Gan Partnership

The Federal Court recently set out the circumstances under which a notice of appeal under Rule 5 of the Rules of the Court of Appeal or a notice of cross-appeal under Rule 8 can be filed. In short, where the respondent wants to reverse or set aside part of a lower-instance finding, decision or judgment which was not appealed in the appellant's notice of appeal, it is incumbent on the respondent to file an independent and separate notice of appeal, rather than a notice of cross-appeal.

Author: Gan Khong Aik
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Simon Hart Court of Appeal upholds Financial List decision on application of Rome Convention to derivative instruments

United Kingdom - RPC

The Court of Appeal recently unanimously upheld a Commercial Court decision from the first trial heard within the new Financial List. The decision provides further clarification on the application of the Rome Convention to derivative instruments, including in relation to the inconsistent approach between the decision in this case and the earlier decision in Dexia, and signals a strong start for the Financial List.

Authors: Simon Hart, Charlotte Ducker
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Lori Zahalka Federal district court upholds 'clickwrap' employment agreements

USA - Mayer Brown LLP

A federal district court recently denied two employees' motion for reconsideration of its prior order enforcing a 'clickwrap' agreement containing restrictive covenants and a forum selection clause. While pen and ink agreements will likely remain the better choice for full employment agreements, employers may consider the use of electronic agreements for regular policies which require acknowledgement from a broad selection of employees and that might require frequent revision.

Authors: Lori Zahalka, Grant T Miller
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Recent updates

Kristina Portner Electronic discovery and information governance: managing costs using technology-assisted review

USA - Mayer Brown LLP

Author: Kristina Portner
Maria Petzsch Another meander through Three Rivers (No 5): the scope of legal advice privilege

United Kingdom - RPC

Authors: Maria Petzsch, Parham Kouchikali
April McClements Avoidance of life assurance policy for non-disclosure of material facts

Ireland - Matheson

Author: April McClements
Kelechukwu Okwujiako Federal High Court clarifies rule regarding alternative security to secure release of oil rig

Nigeria - ACAS - LAW

Author: Kelechukwu Okwujiako
Marjoleine Bosma New EAPO Regulation facilitates preservation of EU bank accounts

European Union - AKD

Author: Marjoleine Bosma
Jasleen K Oberoi Supreme Court rules on post-dated cheque given as security for repayment of loan instalment

India - Shardul Amarchand Mangaldas & Co

Authors: Jasleen K Oberoi, Gauhar Mirza
Norm Emblem Supreme Court elevates solicitor-client and litigation privilege

Canada - Dentons

Authors: Norm Emblem, Aoife Quinn
Elena Christofi Court reaffirms principle of awarding damages on degree of liability basis

Cyprus - Elias Neocleous & Co LLC

Author: Elena Christofi

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