Briefings – Page 43

When to ‘cry halt’ – lawful dismissals on medical grounds

MinterEllisonRuddWatts – Deciding whether to end an employment relationship on medical grounds can cause quite the headache for employers. Helpfully, drawing on existing cases, the Employment Court (Court) has confirmed the core principles to follow in medical incapacity situations in its recent decision in Lyttelton Port Company v Arthurs [2018] NZEmpC 9. Mr Arthurs had […]

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Law Firm Strategy: Would Law Firms Be Better Collaborating Instead of Competing?

Briefings, Law Firm Management / May 3, 2018

David Kaufman* The growth in demand for legal services in 2017, according to Thomson Reuters Peer Monitor, was stagnant. That compares to an ever increasing spike almost every year prior to the Great Recession. As a result of this sluggish market, the competition among law firms for instructions has been described as being “fierce.” Law

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Climate change, green finance and renewables

Briefings, Briefings / May 3, 2018

Climate change and the transition to a low carbon economy are top of the political agenda and present a range of challenges for businesses. We help clients to future-proof their businesses and identify risks and opportunities. EU Sustainable Finance Action Plan – What you need to know The European Commission recently unveiled its strategy for

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The ‘War Crime’ of Environmental Damage

Briefings, Briefings / May 2, 2018

Hogan Lovells – At last week’s IBA War and Justice Conference, ICC judge Howard Morrison said that international criminal law must develop to accommodate the changing nature of atrocities and the changing nature of conflict. One example is to prosecute the perpetrators of massive environmental damage, including damage connected to business activity. This is consistent

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New Zealand Law: High Court Revisits Recoverability of Expenses in Takeovers

Briefings, Briefings, New Zealand Law News / May 2, 2018

The High Court has revisited the recoverability of a target company’s expenses for the first time in more than 45 years. The case has important implications for future reimbursement disputes. Recovery of “properly incurred” takeover expenses An offeror must reimburse the target company for any expenses that the target properly incurs in relation to a

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Ethics and Artificial Intelligence – The 5 Key Points

Briefings, Briefings, UK Law / May 1, 2018

CMS Law – The House of Lords Select Committee on Artificial Intelligence (“Lords”) has published a report that puts ethics at the centre of the use and development of Artificial Intelligence (“AI”) within the UK. AI continues to develop in the UK, due to the growth of available data, computer-processing power and improved techniques such

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Bank of England speech on hidden risks in markets: “Bears and Icebergs”

Briefings, Briefings, UK Law / April 28, 2018

Norton Rose – On 26 April 2018, the Bank of England (BoE) published a speech by Alex Brazier (Executive Director for Financial Stability and Risk, BoE) that discusses some of the hidden risks in the market. Mr Brazier explains that there are generally two types of hidden risk which he calls “bears” and “icebergs”. The

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8 Rich Legal Lessons To Be Learnt From The Jurisprudence of Canine Replevin

Briefings, Briefings, Lawyers / April 28, 2018

Bryan Cave – Some years ago, a judge in New York wrote that “the reported cases for replevin of a pet dog are few, in part because of the legal expense involved in maintaining such an action.” Webb v. Papaspiridakos, 889 N.Y.S.2d 884 (Sup. Ct. 2009). That statement was not entirely accurate then, for courts

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A cross-border guide to corporate criminal liability and enforcement

Briefings, Briefings, Featured / April 25, 2018

Freshfields – Society’s relationship with business has shifted over recent years, bringing corporate conduct firmly into the spotlight. Often in response to calls for greater corporate accountability, governments and enforcement agencies have increasingly been turning to the criminal law to hold companies liable for misconduct occurring within their organisations or for their benefit. Across various

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Movie Contracts: Are ‘Morality Clauses’ Making a Comeback in the Wake of #Metoo?

Briefings, Briefings / April 24, 2018

Kelley Drye & Warren – Morality clauses, or morals clauses, are making a comeback in the age of the #MeToo and Time’s Up movements. A sample morality clause in an actor talent agreement may read as follows: Artist shall act at all times with due regard to public morals, conventions and Studio policies. If Artist

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