Skip to content A recent decision of the United States Supreme Court has resolved a disagreement among lower federal courts about the significance of arbitration provisions in contracts. In support of adopting such rules, nine of the eleven federal circuits previously cited the common refrain that the Federal Arbitration Act (FAA) created an overriding federal policy favoring arbitration. In a
The UK Competition Appeal Tribunal (CAT) has certified the first application for a collective proceedings order (CPO) on an opt-out basis, paving the way for a class-action claim against Mastercard. In certifying the CPO in Walter Hugh Merricks CBE v Mastercard, — an action brought on behalf of approximately 45 million cardholders and estimated to
On June 1, 2021, the European Public Prosecutor’s Office (EPPO) launched operations. While most EU Member States are cooperating with the EPPO, a significant minority have not yet joined the initiative. The EPPO is an independent body based in Luxembourg, with 22 participating EU Member states. The first supranational prosecutor’s office, the EPPO can investigate
A decision handed down on 15 January 2021 by the UK Court of Appeal may lead to increased costs of litigation funding. The judgment in Rowe & Ors v Ingenious Media Holdings & Ors [2021] EWCA Civ 29 effectively overruled previous decisions in which cross-undertakings in damages relating to the additional cost of providing security were
Ally Law – The Commonwealth Parliament of Australia recently passed the Commonwealth Registers Act 2020, which — upon commencement and with amendments to existing legislation — will require directors of Australian companies to apply for and be issued a unique Director Identification Number (DIN).
In hard times, fraud litigators tend to receive an increase in calls from clients who believe they are the victim of fraud. Ten years ago, during the 2008–2009 economic recession, the Association of Certified Fraud Examiners (“ACFE”) released a study of the impact of an economic recession concluding that the financial pressures of the economic crisis led
In a recent judgment in the case of Leung Yiu Ting v MTR Corporation Limited [2020] HKCFI 460, High Court Judge Mr. Justice Anderson Chow ordered the MTR Corporation to disclose CCTV footage from Prince Edward and Lai Chi Kok stations to a student leader, Leung Yiu Ting, who is seeking damages against the police over a
The Bitcoin, for the purposes of civil liability derived from crime, is not legal tender. This was the conclusion reached by the Supreme Court of Spain in its Judgment of June 20, 2019, rejecting a final appeal in cassation No. 998/2018. As background to this judgment, we can say that the defendant had been convicted
On June 19, 2019, the Ontario Court of Appeal released a decision in Dawe v. Equitable Life Insurance Company of Canada. One of the issues in the case which will be of interest to Employers concerned the Plaintiff’s entitlement to notice, and whether an award of thirty (30) months was appropriate in the circumstances. Mr. Dawe
After a hard-fought, 77-day civil trial, Kornfeld LLP counsel Dan Parlow, Shane Coblin and Nils Preshaw won a major victory for the firm’s client in Youyi Group Holdings (Canada) Ltd. v. Brentwood Lanes Canada Ltd. 2019 BCSC 739. The case involved a claim by the opposing party for specific performance of two real estate contracts entered into in 2012 for $32 million. Kornfeld’s client resisted
