RPC | United Kingdom | 31 Oct 2023
In an important judgment, the Court of Appeal established that, where a fiduciary commits two closely connected breaches of duty, one of which gives rise to a profit and one of which causes a loss, a claim for equitable compensation against either the fiduciary or a dishonest assistant cannot be determined solely by reference to the loss and will involve an exercise in setting-off the profit......
Arnecke Sibeth Dabelstein | Germany | 13 Sep 2023
This article is the seventh in a series touching, alphabetically, on select key elements of shipping and transport law in Germany. Under German law, the general average constitutes a statutory obligation, which obliges the parties involved to jointly bear damage and expenses.
Lexology PRO | USA | 22 Jun 2023
Banks get interagency guidance on managing third-party risks, and a default judgment against Ooki DAO raises questions about smart contracts – plus other key updates.
KaiRong Law Firm | China | 1 Mar 2023
A recent maritime liability dispute case involved a container ship fire accident. The plaintiff, as the shipowner, filed a lawsuit claiming that multiple defendants, including various shippers, exporters and manufacturers, who were connected to the dangerous goods that caused the fire, should bear tort liability and be jointly and severally liable. The issues encountered in this case make it......
Smart & Biggar | Canada | 23 Jan 2023
2022 was an active year in Canadian patent law: claim fees were introduced for the first time, changes were made to regulations providing remedies for excessive pricing of patented medicines and a range of court decisions addressed important issues. This article highlights statutory changes and a selection of interesting points addressed in the reported decisions.
Zhong Lun Law Firm | China | 10 Jan 2023
KaiRong Law Firm | China | 5 Oct 2022
Shippers must comply with various package and information disclosure requirements in order to transport cargo, especially valuable cargo. Such requirements might affect the liability of air carrier and the amount of compensation that must be paid if the cargo is damaged. A recent judgment concerning domestic air cargo transport provides some insight into the Chinese courts' view on this matter.
McDermott Will & Emery | USA | 22 Sep 2022
The US Court of Appeals for the Eleventh Circuit reversed a default judgment and monetary award in favor of the plaintiff, which was issued in a case…
Ploum | Netherlands | 1 Jul 2022
In de zaak die leidde tot het arrest van de Hoge Raad van 21 mei 2021 (ECLI:NL:HR:2021:753), is een juridisch adviseur door voormalige cliënten…
Lexology PRO | Asia-Pacific, Hong Kong | 6 Jun 2022
Hong Kong’s Court of Appeal has ruled in favour of the territory’s competition watchdog to annul cartel fine reductions against several construction companies, holding that the businesses are jointly and severally liable for the conduct of their subcontractors.