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Tiger Asia management loses final jurisdictional challenge: Hong Kong's highest court confirms court's free-standing power to grant orders over contraventions of the securities and futures ordinance under Section 213
- Herbert Smith Freehills LLP
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- Hong Kong
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- May 16 2013
After over two and a half years since US-based hedge fund manager Tiger Asia Management LLC and its three officers (collectively "Tiger Asia") sought
Who 'owns' a bribe - the recipient or victim?
- Herbert Smith Freehills LLP
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- United Kingdom
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- March 29 2011
The Court of Appeal has given judgment in Sinclair Investments (UK) Limited v Versailles Trading Finance Limited & Others (2011 EWCA Civ 347), firmly dismissing the appeal - and the defendants' cross appeal - from the judgment of Mr Justice Lewison of 30 June 2011
Court has no jurisdiction under Section 213 of the SFO to determine contraventions of insider dealing provisions
- Herbert Smith Freehills LLP
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- Hong Kong
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- June 29 2011
The Court of First Instance has ruled that it does not have jurisdiction under section 213 of the Securities and Futures Ordinance (Cap. 571) ("SFO") to make a declaration that Tiger Asia Management LLC ("Tiger Asia") engaged in insider trading contrary to section 291(5) of the SFO
Causation, loss and damage: challenges for the new shareholder class action
- Herbert Smith Freehills LLP
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- Australia
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- February 1 2010
Although the number of Australian shareholder class actions has proliferated in recent years, none has proceeded to judgment yet
Individual fails in large misselling claim concerning leveraged investments in structured notes
- Herbert Smith Freehills LLP
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- United Kingdom
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- March 13 2013
In a strongly worded judgment, the Commercial Court has dismissed a large misselling claim brought by an individual in connection with a number of
Shanghai Land: Hong Kong's highest court quashes convictions of all defendants
- Herbert Smith Freehills LLP
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- Hong Kong
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- September 28 2011
In 2008, the Shanghai Land case resulted in the conviction and imprisonment of six individuals, two bankers, three lawyers and a financial controller, for conspiracy to defraud
Spector Photo Group and Van Raemdonck v Commissie voor het Bank-, Financie- en Assurantiewezen (CBFA)
- Herbert Smith Freehills LLP
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- European Union
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- February 16 2010
The European Court of Justice (ECJ) has published its judgment in the case of Spector Photo Group and Van Raemdonck v Commissie voor het Bank-, Financie- en Assurantiewezen (CBFA
Equities trader receives 2 year sentence for disclosing inside information
- Herbert Smith Freehills LLP
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- United Kingdom
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- March 8 2013
Paul Milsom, a senior equities trader, has been sentenced to two years' imprisonment for improper disclosure of inside information about forthcoming
FSA publishes draft amendments to investment management regulations folowing AIJ scandal
- Herbert Smith Freehills LLP
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- Japan
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- December 5 2012
Japan's FSA launched a review of existing regulation and government supervision of Japan's asset management sector, following the recent AIJ Investment Advisors Co. scandal, in which AIJ's President was indicted for fraud after it was revealed that AIJ hid pension fund losses of up to $1.4 billion over a nine-year period
Principal's right to recover a bribe paid to a fiduciary proprietary or personal?
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 23 2011
The Privy Council decision of Attorney-General for Hong Kong v Reid 1994 1 AC 324 has generally been taken to hold that a principal has a proprietary right to a bribe paid to a fiduciary
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