Category Archives: Litigation

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Court of Appeal Rules on Enforceability of Mandatory ADR Clauses

A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement. By Oliver E. Browne and Duncan Graves The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in a contract was unenforceable due to lack of clarity. The ruling signals to contracting … Continue Reading

Delaware Court Confirms Corporate Officers’ Duty of Oversight — Lessons for UK Companies

The US decision reminds UK companies and their officers to identify and report red flags about misconduct in the workplace. By Nell Perks, Nathan H. Seltzer, and Georgie Blears Certain shareholders of McDonald’s Corporation (the Company) sued David Fairhurst, the Company’s former executive vice president and global chief people officer, on behalf of the Company … Continue Reading

PE on Red Alert for Greenwashing in Light of UK Developments

PE firms face growing regulatory and litigation risks from greenwashing claims as they navigate a fragmented anti-greenwashing landscape. By Tom D. Evans, Nell Perks, Anne Mainwaring, David J. Walker, and Catherine Campbell Amid concerns of exaggerated or misleading sustainability claims, the UK Financial Conduct Authority’s (FCA) recent proposal for new labelling and disclosure rules to … Continue Reading

European Commission Proposes Reform on Liability Rules for Artificial Intelligence

The directives aim to assist claimants in proving the causation of damages and product defectiveness in complex AI systems, creating legal certainty for providers. By Deborah J. Kirk, Thomas Vogel, Grace E. Erskine, Ben Leigh, Alex Park, and Amy Smyth On 28 September 2022, the European Commission issued two proposed directives to reform and clarify … Continue Reading

Meaning of “Good Faith” Under English Law: Latest Clarification

The Court of Appeal reiterates the importance of the specific context in interpreting contractual good-faith duties. By Oliver E. Browne and Alex Cox English law does not include a general implied duty of good faith. However, the English courts are willing to enforce contractual duties of good faith. In Mark Faulkner & Ors v. Vollin … Continue Reading