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Vinson & Elkins LLP | 14 Jun 2023
Fiduciary Duties and ESG – How to Balance Both
Vinson & Elkins LLP | 14 Jun 2023
Fiduciary Duties and ESG – How to Balance Both
Mayer Brown | USA | 1 Jun 2023
Supreme Court Limits Scope of Direct Listing Suits
Today, the Supreme Court held in a unanimous decision that a shareholder suing a company under Section 11(a) of the Securities Act of 1933 over…
LutherSA | Luxembourg | 23 May 2023
Supreme Court asserts that companies must adhere to publication requirements under RCS Law
In a recent decision, the Luxembourg Supreme Court sent a strong message to the international legal community. The Court asserted that foreign law receivers and/or judicial managers of Luxembourg companies' shares must strictly adhere to the publication requirements under the Law of 19 December 2002 concerning the Trade and Companies Register. If they do not, their corporate decisions are......
RPC | United Kingdom | 23 May 2023
Dishonest or not? Court of Appeal reverses dishonesty finding in payment diversion case
In Floreat Investment Management v Churchill and others, the Court of Appeal reversed a finding of dishonesty where there had been no discernible victim of the relevant conduct. The defendants to a claim for the recovery of $1.1 million, held at first instance to have been dishonestly diverted from the fund to which it ought to have been paid, appealed against a judge's decision that they......
Ogier | Cayman Islands | 19 May 2023
Update on costs awards in Cayman Islands shareholder appraisals
As we previously reported in our briefing FGL Holdings - Cayman Court determines fair value at transaction price, in September 2022 the Grand Court…
Cyril Amarchand Mangaldas | India | 18 May 2023
Disenfranchising Majority Shareholders - Is it Constitutionally Valid?
Even after the ‘right to property’ was abolished as a fundamental right by the 44th Amendment to our Constitution, it has continued as a…
Ogier | Cayman Islands | 18 May 2023
Privilege in Cayman Islands appraisals - the door opens for dissenting shareholders
Discovery is a key aspect of section 238 appraisal proceedings and is critical in establishing fair value. In 58.com the Grand Court of the Cayman…
ENSafrica | South Africa | 17 May 2023
Constitutional Court settles seven-year dispute on interpretation of "beneficial interest" in respect of ownership of pharmacies in South Africa
The Constitutional Court recently upheld an appeal of a Supreme Court of Appeal judgment filed by the Independent Community Pharmacy Association. The decision confirms that simultaneous 100% shareholding in a manufacturing and community pharmacy is not permitted under regulation 6(d) of the Regulations Relating to the Ownership and Licencing of Pharmacies. This article highlights the salient......
Garrigues | China | 5 May 2023
China: Highlights of Envisaged Amendments to PRC Company Law
A few months ago, China released the Company Law (Second Draft Amendment). The envisaged amendments include company's organizational structure…
