Commercial Litigation UK

Expert Analysis

• 2 UK Pension Cases Guide On 3rd-Party Due Diligence

  

  The U.K. Court of Appeal's recent decision in Adams v. Options UK, and upcoming hearing in Financial Conduct Authority v. Avacade, highlight important precautions self-invested personal pension operators should take when dealing with unauthorized third parties, says Paul Ashcroft at Wedlake Bell.

• Lifting US Sanctions On Iran Would Increase Financial Activity

  

  If recent talks for the U.S. to rejoin the Iran nuclear deal pan out, financial activity between formerly sanctioned entities and European counterparties will likely increase, and demand for certain types of legal work may shift, say Kartik Mittal and Stephanie Limaco at Zaiwalla.

• UK Ruling Shows Tool For Taming Multijurisdictional Disputes

  

  In PJSC National Bank Trust v. Mints, the U.K. High Court imposed costs on the prevailing party for failure to notify the court of related proceedings, demonstrating an approach that judges may use to mitigate the risk of discordant outcomes in multijurisdictional litigation, say Thomas Grant at Cambridge University and Scott Kieff at George Washington Law School.

• A Bumpy Road To Normality After UK Pandemic Support Ends

  

  As U.K. government relief measures that have shored up businesses amid the pandemic taper off, parties that cannot resolve restructuring or insolvency issues through commercial bargaining will influence the types of matters appearing before courts for years, say attorneys at Freshfields.

• Opinion

  High Court Int'l Discovery Case Fits Mootness Exception

  

  Even if the underlying arbitration in Servotronics v. Rolls Royce concludes before the U.S. Supreme Court decides the case, the court should recognize an exception to mootness and resolve the circuit split on whether a U.S. discovery statute applies to international commercial arbitration, say attorneys at Freshfields.

• 3 Lessons For UK Litigators In Virtual Trials

  

  UK litigators should note several best practices for adapting to the hurdles, and capitalizing on the benefits, of virtual trials, and expect the new hearing format to persist beyond the end of the pandemic, say Christopher Boyne and Emma Laurie-Rhodes at Debevoise.

• RETRACTED: Considering The Future Of The Serious Fraud Office

  

  Editor's note: This guest article has been removed due to the authors' ongoing involvement in the case discussed.

• Justices Will Bring Welcome Resolution In Int'l Discovery Row

  

  The U.S. Supreme Court's decision this week to review Servotronics v. Rolls-Royce — a case concerning use of a U.S. discovery statute in aid of private international arbitration — will result in greater certainty as to the statute's scope and allow domestic parties to better defend themselves from foreign discovery requests, say Dan Ward and Elena Davis at Ropes & Gray.

• ITC Seems Unlikely To Stay Investigations For Parallel IPRs

  

  The U.S. International Trade Commission's recent order denying Ocado's attempt to stay a dispute with AutoStore pending resolution of its inter partes review petitions signals that an ITC complainant's patents are effectively shielded from IPR challenges, at least under current Patent Trial and Appeal Board practice, say attorneys at Reichman Jorgensen.

• Opinion

  How London Could Become Europe's Arbitration Hub

  

  Trade, historical and geographical advantages give London the post-Brexit opportunity to strengthen its position as the leading arbitration-friendly jurisdiction in the region and become the hub for European parties in dispute, says Leigh Crestohl at Zaiwalla.

• Analyzing Cost Issues After Top Court MasterCard Ruling

  

  The U.K. Supreme Court recently directed MasterCard v. Merricks back to the Competition Appeal Tribunal after clarifying the tests for class action certification, likely resulting in a green light for the action and a review of the regime-specific costs and funding models of the opt-out class action, says Andy Ellis at Practico.

• Opinion

  US Should Learn From German Courts Balancing SEP Rights

  

  The German high court's recent decision in Sisvel v. Haier set a productive tone in balancing the rights of patentees and implementers in standard-essential patent disputes, and its understanding of negotiation realities should be followed by the U.S., say Cravath's David Kappos, former U.S. Patent and Trademark Office director, and Daniel Etcovitch.

• A Post-Brexit Guide To UK-Swiss Disputes

  

  Following Brexit, jurisdictional issues in U.K.-Swiss disputes and the recognition and enforcement of foreign judgments will be governed by each country's respective national laws, rather than the Lugano Convention, creating uncertainty and potentially more expense and satellite litigation, say Janine Alexander at Collyer Bristow and Sébastien Collart at 100 Rhône Avocats.

• Remote Working Tips For Lawyer Trainees And Their Firms

  

  The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

• Mitigate Key FCPA Risks With Tailor-Made Compliance

  

  Multinational companies should take a pragmatic approach to Foreign Corrupt Practices Act compliance by being aware of key risk areas — such as inappropriate gift-giving, liability for third-party actions, and countries with recurring corruption issues — and implementing custom-designed procedures that evolve with their operations, says Howard Weissman at Miller Canfield.