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Herbert Smith Freehills LLP | United Kingdom | 3 Aug 2023
Court of Appeal provides guidance as to when court may refuse to accept party’s undertakings as part of settlement
The Court of Appeal has unanimously allowed an appeal against a judge’s decision refusing to accept certain undertakings agreed between the parties…
RPC | Hong Kong | 17 Jan 2023
Parties agreed settlement terms without formal settlement agreement
🕑 9 minutes In MSB International Ltd v Lok & Anor, the Court of First Instance of the High Court found that the parties had agreed a full and final settlement of all their claims in two related proceedings, by way of an exchange of without prejudice written communications between their legal representatives, although no formal draft settlement agreement referring to more comprehensive......
Lewis Silkin LLP | United Kingdom | 21 Dec 2022
When can a termination discussion be without prejudice?
🕑 7 minutes The Employment Appeal Tribunal has provided some helpful clarity over when a "dispute" exists between an employer and employee, allowing the employer to put forward settlement terms on a confidential without prejudice (off the record) basis. Among other things, the decision confirms that employers can raise the issue of termination in without prejudice discussions in the context......
Lewis Silkin LLP | United Kingdom | 23 Nov 2022
Settlement agreements cannot settle future employment claims that have not arisen
🕑 6 minutes A settlement agreement cannot sign away claims which have not arisen at the date of the agreement, according to a recent decision by the Employment Appeal Tribunal (EAT). The EAT also made wider comments about the scope of settlement agreements and the practice of listing a series of claims to be settled. This article looks at the EAT's decision, what it means for settlement......
Norton Rose Fulbright | Global | 1 Sep 2022
Tax and investor-state dispute settlement
Securing protections to preserve the value of an investment as a part of that planning is critical to the long-term success of projects that are exposed to changes in laws and policies around taxation over time, and to the possibility of abusive taxation. In appropriate cases, investor-state dispute settlement can be a helpful tool to allow investors to counter the power wielded by states in......
Lexology PRO | Asia-Pacific, Austria, Central & South America, etc. | 17 Aug 2022
Competition and antitrust: key compliance updates (21 Jul – 17 Aug)
China’s Antimonopoly Law takes effect, Meta is accused of “buying its way to the top” of the VR market, and New Zealand allows news outlets to negotiate content access with digital platforms – plus other key updates.
Smart & Biggar | Canada | 17 Aug 2022
Competition Bureau closes two investigations into pharmaceutical patent litigation settlements
In Canada, companies are not required to notify the Competition Bureau of settlement agreements between branded and generic drug manufacturers in actions involving patented medicines. However, the Bureau proactively monitors such actions using publicly available information and gathers information about whether such agreements may contravene the Competition Act. The Bureau recently announced......
RPC | United Kingdom | 19 Jul 2022
Court of Appeal finds that natural meaning of settlement agreement prevails
In Schofield & Anor v Smith & Anor, the court of appeal dismissed the appeals of a group of companies, finding that a settlement agreement entered into between the group companies and their bank had released the companies' former administrators and their solicitors from all relevant claims. This occurred even though the settlement agreement had been agreed without the involvement of the......
Akin Gump Strauss Hauer & Feld LLP | USA | 18 Jul 2022
StEPing up to the plate: DOJ restores favoured enforcement resolution tool
The US Department of Justice has made way for the return of supplemental environmental projects as a tool to settle violations of federal environmental laws while delivering environmental benefits. Coming five years after the Trump administration prohibited their use, these payments represent one facet of a multipronged approach to improve environmental enforcement efforts seeking to benefit......
Wanhuida Intellectual Property | China | 18 Jul 2022
SPC scrutinises reverse payment settlement agreement in patent infringement case
"Reverse payment patent settlement" is a tactic employed by pharmaceutical patentees to delay the market entry of generic drugs so as to maintain the exclusivity of the patented drugs. The Intellectual Property Court of the Supreme People's Court recently handed down China's first court decision concerning reverse payment pharmaceutical patent settlement.
