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Shareholder Disputes: Are They On The Rise?

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Katie Philipson - Stevens & Bolton LLP

For many businesses just surviving the pandemic could (and perhaps should) be hailed a huge achievement. However, as the bumpy economic climate looks set to continue for the foreseeable future, some fall outs between business owners and directors are inevitable and there is likely to be an upturn in allegations of unfair prejudice.

Here we give an overview of recent unfair prejudice cases – highlighting points of note, before outlining our predictions for the future and ways directors might avoid the pitfalls that lie ahead.

Back To The Future: The Return To Prominence Of Forum Non Conveniens

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Fred Kuchlin and Dan Wyatt - RPC

Marty McFly travelled from 1985 to 1955 in Back to the Future; English law is currently embarking on a similar journey in relation to jurisdiction.

A change arising from Brexit has heralded a return to prominence of the doctrine of forum non conveniens, allowing the English Court once again to decline jurisdiction over defendants domiciled in England.

Third-party Funding In Singapore: Efficient Risk Allocation In Troubled Times

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Mubin Shah and Kyle Yew - Joseph Lopez LLP

When deciding whether to pursue a legal claim, parties often ask - “do we have the budget for this?” This question is revisited even after dispute resolution proceedings have commenced, due to changes in a party’s financial circumstances, unknown strategies deployed in the legal proceedings, and the fluctuating economic climate (e.g. insolvency risks due to the COVID-19 pandemic).

The Rise Of Sovereign Asset Tracing

Date: 06/01/2022 Type: Articles Community Magazine Topic: Private Client | Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Lorna van Oss and Ramon Ghosh - Control Risks

While a return to some form of commercial normality is anticipated in a small number of wealthy nations, the economic impact of the COVID-19 pandemic will continue to be felt across the globe. The effect has been particularly acute for the debt profiles of many nation states, especially in the developing world. According to World Bank estimates, in 2020 government debt of emerging markets and developing economies reached 60.8% of GDP, an increase from 52.1% in 2019.

Damned If You Do, Damned If You Don’t: Culpability For Actions Of Foreign Subsidiaries

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Sue Millar, Harriet Campbell, Jo Jones, Emily Rivett - Stephenson Harwood

The Fundão Dam near Mariana, in Brazil was owned and operated by Samarco Mineração SA, and was designed to accommodate waste resulting from the extraction of iron ore. On 6 November 2015, the dam collapsed, triggering the release of more than 40 million cubic metres of mining waste. This slurry travelled 620 km downriver, destroying multiple villages and over 3000 acres of forest, decimating entire fish populations, and killing nineteen people. The polluting waste eventually found its way, through the Doce River, to the Atlantic Ocean over 400 miles away destroying, damaging or contaminating everything in its path. To date, it remains Brazil’s worst environmental disaster.

Sanctions Compliance In The World Of Cryptocurrency: An Asset Class Riddled With Fraud, Risks And Scams

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Priyanka Kapoor – PCB Byrne

Virtual currencies have not only arrived but have become a major player in the global economy. The meteoric rise in their importance and the inherent material risks are not lost on the regulators. Cryptoassets by design facilitate the anonymous or pseudonymous conduct of international commercial transactions, making them the target of choice by sanctioned actors and cybercriminals to channel and hide the source of their financial transactions, evade sanctions and launder money. In the post-pandemic world, with the shift to remote working, ransomware attacks have exploded in volume and criminals have come to rely on digital currencies to force victims to pay millions of dollars to regain access to their own files and to prevent leaks of stolen data.

Forum Shopping: For Gdpr Class Actions

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Michael Jacobs - Locke Lord

The UK incorporated its own version of GDPR into domestic law in 2018, with further modifications made following Brexit. The provisions dealing with the jurisdiction(s) in which data subjects may pursue judicial redress do not constitute a complete code and are not so clear-cut. This potentially allows for forum shopping by UK-based data subjects who wish to pursue claims against data controllers and processors. As there is still great uncertainty on whether class actions can be pursued in the English Courts for data breaches (particularly following the Supreme Court’s recent judgment in Lloyd v Google 1), some claimants may be bold enough to pursue their claims outside the UK.

Unjust Enrichment: Windfall Or Shortfall? How Not To Get What You Paid For When Buying And Selling Assets

Date: 06/01/2022 Type: Articles Community Magazine Topic: Private Client | Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Dipti Hunter and Laura Coad- Keidan Harrison

Shareholder Disputes have been on the rise during the past year. Often this is due to the inadequate or misunderstood documents drawn up at the time of relationships being formed to demarcate the value and risks being shared. So this case is a timely reminder of the pitfalls of allocating risk and reward in an SPA whilst failing to grasp the commercial rationale in the way the valuation, consideration and asset portfolio are being redistributed.

Shareholder Disputes In The Cayman Islands In 2021

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Alex Potts QC and Sarah McLennan - Conyers

International businesses incorporated in the Cayman Islands find themselves increasingly subject to shareholder disputes of different sorts in the Grand Court of the Cayman Islands.

Litigation Funding, Group Actions And The Growing Need For PR Strategies

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Gus Sellitto - Byfield

Litigation practices are evolving fast in the UK and Europe. Neither group actions nor litigation funding are new, but they have both reached a tipping point and are now generating their own momentum. However, there is an increasing need to ensure that these commercially funded cases also have a clear and effective communication strategy attached to them. Crucially, this applies to defendants as much as claimants.

Study Reveals Hidden Psychological Impact Of Remote Hearings

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Daniel Ryan - BRG

Following the exponential and global outbreak of Covid-19 in early 2020, more than 100 countries instituted either full or partial lockdowns which resulted in the majority of hearings and tribunals being held remotely.

Since then, a consensus has emerged that virtual hearings and tribunals are here to stay, at least in some form, for the foreseeable future. This was just one of the findings from a recent BRG study aimed at understanding better the experiences of remote hearings from the perspective of expert witnesses, lawyers and arbitrators from around the world, as well as to contemplate the possible psychological impact of different hearing environments.

Class Actions And Litigation Fundingin Australia - An Update

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Sophy Woodward and Kate Fisher - HFW

On 21 December 2020, the Parliamentary Joint Committee on Corporations and Financial Services handed down their 454 page report “Litigation funding and the regulation of the class action industry” (the PJC Report)1. This followed an extensive consultative inquiry (the PJC Inquiry); comprising over 100 submissions from industry stakeholders and 5 public hearings conducted throughout July and August 2020. Central to the PJC Inquiry was the recent substantial growth in class action activity across Australia, particularly shareholder claims, and the evolution of the litigation funding market in Australia, which had seen a marked increase in participation of international players, and a trend towards increased profits. A key focus of the PJC Report was the need to increase the transparency of the litigation funding market.

Fair Value For Dissenting Shareholders: In Cayman Merger Regime

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Adam Crane and Nicosia Lawson - Baker & Partners

When minority shareholders of Cayman Islands entities are being treated unfairly, they are able to take advantage of some strong tools under the Companies Act (As Revised) (the Act). One of those tools are the appraisal rights and fair value assessments available to a shareholder who has dissented from a merger or consolidation pursuant to section 238 of the Act. This type of litigation is experiencing a sharp increase in the Cayman Islands as a result of a number of factors including the delisting of Chinese companies in the United States due to legislative and policy changes there and in China.

Structuring Dispute Finance: Using Pools And Processes To Improve Access To Funding

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Louis Young and Sean McGuiness - Augusta Ventures Ltd

The dispute finance market is continuing to mature and grow at pace. When considering funding, one factor that clients and law firms may not recognise as a driver to both the availability and terms of funding is the underlying capital structure of the funder. Yes, case prospects, portfolio diversification and pricing are key drivers of the terms that a funder offers to a client, however as the market becomes more sophisticated, spreading single case investments across multiple pools of capital provides an opportunity for funders to provide more efficient terms across a greater number of claims.

The Supreme Court Calms The Waters For Liquidated Damages: Triple Point Technology Inc V Ptt Public Company Ltd [2021] Uksc 29

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Dipti Hunter and Alex Akin - Keidan HarrisonA

A recent Supreme Court decision handed down on 16 July 2021 has brought welcome clarity to liquidated damages clauses and related damages caps.

Leading The Fight Against Disinformation For Hire

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Carys Whomsley - Digitalis

Disinformation has become one of the most prominent challenges in navigating the online world. Government bodies, academic institutions, think tanks, and even private companies have researched and proposed innumerable approaches to curb its effects. In this context, defamation lawsuits have emerged as one of the most effective contenders in the struggle against the plague of deceptive information infecting public discourse.

Enforcement Of Exclusive Jurisdiction Clauses In The English, Singapore And Hong Kong Courts: A Comparative Analysis

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Justin Gan - Stephenson Harwood (Singapore), Kaili Ang - Stephenson Harwood (Singapore) Alliance firm Virtus Law LLP, Emily Li - Stephenson Harwood (Hong Kong) and Gloria Leung - Stephenson Harwood LLP (London)

When instituting proceedings, forum is one of the most important decisions to make as opting for the wrong forum could leave the claimant with a dismissed claim, in addition to bearing costs. In this article, we will discuss the attitude of the English, Singapore, and Hong Kong courts when faced with exclusive jurisdiction clauses, and the general rules applicable.

Where Would We Be Without Class Actions?

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Clare Ducksbury and Natasha Wootton – Case Pilots Ltd

The tide is turning in the world of UK class actions. In the space of just the last three months, we have seen our first three collective actions being given the ‘green light’ to proceed in the Competition Appeal Tribunal – Merricks v Mastercard, Le Patourel v BT and Gutmann v First MTR South Western Trains & Others. These claims are all trailblazers in the mass claims arena and promote a new wave in the UK justice system. With this comes a renewed energy and enthusiasm for the prospects of collective redress in the UK, at least in the competition space for now.

Lawyers Beyond The Jurisdiction

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Robert Gardner and Sonia Minns - Bedell Cristin

The Courts of Jersey deal with some very complex, specialist and high value claims. Even the largest and most specialised litigation departments on the island find themselves unable to adequately recourse certain aspects of such claims and inevitably need to draw on the huge wealth of talented specialists at law firms (in London and elsewhere) and the English Bar to assist. This makes perfect sense, given that parts of Jersey’s legislative regime, for example certain aspects of company law, are similar to (or modelled on) equivalent UK laws. And because the UK judicial system is much larger than Jersey’s, the judgment library is vast, and therefore the practitioner experience is equivalently broad.

60-seconds With: Nikos Asimakopoulos Director Disputesalaco

Date: 06/01/2022 Type: 60 seconds with Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |

Q. What do you tell people when they ask you what you do?

A. I say I am an investigator, but not a cop or a law enforcement agent - and wait for eyes to roll. I then explain the kind of investigations I do and how, and the conversation carries on from there.

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60-seconds With: Gus Sellitto Managing Director And Co-founder Byfield Consultancy

Date: 06/01/2022 Type: 60 seconds with Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |

Q. What do you tell people when they ask you what you do?

A. I manage the PR and communication aspects of high profile disputes

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60-seconds With: Andy Mcgregorhead Of Civil Fraud Rpc

Date: 06/01/2022 Type: 60 seconds with Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |

Q. What do you tell people when they ask you what you do?

A. That I’m saving the world, one Russian oligarch at a time. The reality is that it is very difficult to explain exactly what it is that disputes lawyers do. I feel incredibly privileged to do a job that I enjoy so much and it is that enjoyment that I generally try to communicate. If anyone shows a genuine interest after my saving the world answer I tell them that people come to me with big problems that I try to solve for them.

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The Russian Bear Fights On

Date: 06/01/2022 Type: Articles Community Magazine Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |
Author: Trevor Mascarenhas and Nicola Boulton - PCB Byrne

The days of massive commercial disputes emanating from Russia and other FSU States are dead. That has been a constant concern of many leading practitioners in London, the epicentre of the largest, most high-profile of those disputes in the past 20 years.

60-seconds With: Robert Christie Partner Bedell Cristin Jersey Partnership

Date: 06/01/2022 Type: 60 seconds with Topic: Disputes | Shareholder Diputes | Digital Dispute Resolution | Libor | In-House | Crypto | International Arbitration | Litigation Funding | Future of Dispute Resolution |

Q. What do you tell people when they ask you what you do?

A. I say I’m a lawyer. My days of claiming to be a matador are long gone.

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In order to suggest topics or write for our knowledge hub please contact Paul on 020 7101 4155 or email paul@thoughtleaders4.com