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16 Nov 2021, 2:10 am
In this post, Richard Bamforth, Jessica Foley, and Julia Czaplinska-Pakowska of CMS comment on the UK Supreme Court’s decision in Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, which delivered further guidance to commercial parties and arbitration practitioners on the issue of the governing law of arbitration agreements. [read post]
20 Aug 2024, 9:05 pm
Perhaps the most unlikely of places for “queer” as an identity to appear is in the rules governing Nasdaq described above.[6] There, they drew on a Credit Suisse study that found a correlation between LGBTQ+ employee diversity, corporate performance, and shareholder value.[7] In support of this reasoning, the inclusion of LGBTQ+ people was in recognition of their protection from employment discrimination in the Civil Rights Act of 1964 as determined by the 2020 Bostock v Clayton County… [read post]
14 Mar 2012, 7:57 am
Privacy: Striking the Right Balance Between Organization Interests and Employee Privacy - bit.ly/wgtV1Z (Philip Favro) Reconciling the Irreconcilable in Information Management - bit.ly/x4qpZT (Nick Patience) “Reasonable Anticipation” of Litigation Re-Affirmed as the Standard for Triggering Legal Holds - bit.ly/Ajvx5V (Mike Hamilton) Reducing e-Discovery Costs to Boost Innovation - bit.ly/wDEkri (BLLAWG) Searching for the Google… [read post]
23 Oct 2011, 2:10 pm
The claimant must show at least a "strong prima facie case" and the balance of convenience test in American Cyanamid Company v Ethicon [1975] AC 396, does not apply, see Francis v The Royal Borough of Kensington and Chelsea [2003] EWCA Civ 443-paragraph 16. [read post]
17 Oct 2010, 11:40 am
On that basis, Mr Hardy's state of mind at the time of sending the email amounted to "reckless indifference to the illegality of his act" (Three Rivers DC v Bank of England (No 3) [2003] 2 AC 1 ). [read post]
8 Feb 2024, 4:09 pm
The recent judgment in Dyson v MGN Limited [2023] EWHC 3092, in which the Defendant publisher succeeded in its defence of honest opinion, provides important authority on the interpretation of section 3(4)(a) of the Defamation Act 2013. [read post]
31 Dec 2024, 10:23 pm
In re-cent years, hostile foreign state actors have ac-celerated their efforts to attack all branches of our government, including the judiciary. [read post]
29 Mar 2011, 6:00 am
The cause of action – what is “defamatory” Tugendhat J’s ruling last June in Thornton v Telegraph Media Group Ltd [2010] EMLR 25 includes an interesting review of what “defamatory” means. [read post]
25 May 2011, 10:01 am
The number-one thing that separates the law from almost every other endeavor is that the client’s interests always always always come first. [read post]
14 May 2019, 10:48 am
Although the ancient writ of habeas corpus is a significant protection against arbitrary detention (more recently acknowledged through section 10(c) of the Canadian Charter of Rights and Freedoms), our courts have developed two circumstances in which it is not available because other remedies are equally effective, providing the same advantages to those who would claim it. [read post]
26 May 2009, 10:08 am
We are having a conversation that purports to be about an individual -- Sotomayor -- and that plugs in suitable pieces of her biography or her public statements or her decisions from time to time, but which is largely indifferent about whether we are speaking accurately about that individual, because we are really talking about something else -- whether to support liberal nominees or conservative nominees, regardless of how much or little it actually matters, or whether the Democrats… [read post]
12 Nov 2022, 10:45 am
Because common good constitutionalism is a thick, substantive theory of law, it will require an identity of interest between executive and administration; drift in this context will be fatal to the mission, and purity will be required. [read post]
28 Oct 2017, 10:03 am
(“Honeywell”) is the successor-in-interest to the Bendix Corporation. [read post]
7 Jul 2012, 11:41 pm
Introduction In this tiny ebook I’m going to show you how to get started writing 6502 assembly language. [read post]
5 Mar 2015, 2:56 pm
Ace Foam, Inc., 14-577, the big polyurethane foam antitrust class action presenting class-certification questions; and ProtectMarriage.com-Yes on 8 v. [read post]
7 Sep 2011, 6:37 am
Because it’s in their best interests. [read post]
16 Jan 2020, 3:20 pm
Instead, this list highlights notable decisions that should be of widespread interest to those who work in the corporate and commercial litigation field or who follow the latest developments in this area of Delaware law. [read post]
2 May 2011, 10:32 pm
The ball or “ace” is tough little rubber ball roughly half the diameter of a racket ball. [read post]
29 Sep 2016, 12:20 am
A cause of action is “a factual situation the existence of which entitles one person to obtain from the court a remedy against another person” (Letang v Cooper [1965] 1 QB 232, 242-243 (Diplock LJ); Roberts v Gill [2011] 1 AC 240, [2010] UKSC 22 (19 May 2010) [41] (Lord Collins); Murphy v O’Toole [2014] IEHC 486 (17 October 2014) [57]-[58] (Baker J); see also PR v KC [2014] IEHC 126 (11 March 2014) [36] (Baker J), but note Clarke v O’Gorman [2014] IESC 72… [read post]
23 Oct 2011, 2:10 pm
The claimant must show at least a "strong prima facie case" and the balance of convenience test in American Cyanamid Company v Ethicon [1975] AC 396, does not apply, see Francis v The Royal Borough of Kensington and Chelsea [2003] EWCA Civ 443-paragraph 16. [read post]
