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Litigation

US Supreme Court Holds that Federal Arbitration Act Does Not Favor Arbitration

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

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UK Competition Appeal Tribunal Gives Green Light to Opt-Out Class Action

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

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European Public Prosecutor’s Office Begins Operations

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

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UK Court of Appeal Decision May Increase Costs of Litigation Funding

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

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Why Fraud Increases During an Economic Recession

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

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Hong Kong High Court Orders Disclosure of “831” Footage

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

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Spain’s Supreme Court: Bitcoin Is Not Legal Tender

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

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Ontario Court of Appeal Affirms 24-Month Termination Notice “Cap”

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

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Kornfeld LLP Wins Trial Victory in Real Estate Dispute

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

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