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05 February 2019
Ulrich Payne Court of Appeal overturns anti-suit injunction in favour of Argyle Funds SPC Inc

Cayman Islands - Ogier

The Court of Appeal has unanimously allowed every ground of an appeal by the liquidators of Argyle Funds SPC Inc. The key takeaway for the Cayman Islands professional services industry is that where work is delegated to be carried out by related entities outside the Cayman Islands, any attempt to contractually limit clients' rights to bring claims against those entities must be expressly articulated within the contract.

Authors: Ulrich Payne, Jennifer Fox, Britt Smith
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Rebecca Birkby Drafting a contract? Beware the well-intentioned but unenforceable agreement to agree

United Kingdom - RPC

A recent Court of Appeal decision examined a dispute concerning entitlements under an earn-out provision in a share purchase agreement. The claimant argued that, under the agreement, he was entitled to provide consultancy services for a further period to be agreed by the parties. However, the court found that there is no obligation on parties to negotiate in good faith about matters which remain to be agreed and that the defendant was free to negotiate in accordance with its own commercial interests.

Authors: Rebecca Birkby, Jonathan Cary
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Recent updates

Louiza Petrou Court dismisses defendants' application in limitation period case

Cyprus - Elias Neocleous & Co LLC

Author: Louiza Petrou
Gan Khong Aik Federal Court will not condone irregularities in court orders

Malaysia - Gan Partnership

Author: Gan Khong Aik
Amjad Khadhair When cyber fraud strikes: delineating coverage if employees are duped

Canada - Dentons

Author: Amjad Khadhair
Gary Yin Update on reciprocal enforcement of mainland and Hong Kong civil judgments

Hong Kong - RPC

Authors: Gary Yin, Maria Petzsch
Geraldine Elliott Football club loses return fixture as entire agreement clause lets in misrepresentation claim

United Kingdom - RPC

Authors: Geraldine Elliott, Ed Holmes
Vivian van der Kuil Onus on party seeking to limit liability to provide all information at early stage

Netherlands - AKD NV

Author: Vivian van der Kuil

Upcoming events

IBA – 4th Silicon Beach Conference

February 17-19 2019 – California, USA

This not-to-be-missed two-day conference will feature roundtable hot topics, the drone invasion, taking big tech private and much more.

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Brand Protection Online 2019

March 5 2019 – Chicago, United States

While the continuous evolution of technology and expansion of the online world creates opportunities for brands and businesses, it also results in significant challenges. Loss of revenue, reputation, and customer trust can all be direct results of the threats that inevitably arise in in the online space. WTR’s Brand Protection Online will provide a unique forum for in-house counsel to discuss the challenges, opportunities, and risks they face. Attendees will hear senior in-house peers from a range of industries discuss the latest cutting-edge strategies for online brand protection, including an examination of both successes and failures in this ever-changing environment.

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Managing Trademark Assets USA 2019

March 6 2019 – Chicago, United States

As brands expand and adapt to new technologies, business models and markets, trademark professionals face increasing challenges in protecting, managing, and enforcing their IP rights. However, while the challenges continue to escalate, budgets and resources remain the same—only adding to their burden. WTR’s fourth annual Managing Trademark Assets USA will provide attendees with a platform for senior counsel from a range of industries to discuss successes and failures and share real-world insights at a time when it is more important than ever before for brand owners to ensure they are integrating innovative and disruptive strategies into their trademark operations.

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