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182 results found

Article

Herbert Smith Freehills LLP | United Kingdom | 11 Apr 2018

Two recent decisions consider application of principle of limited waiver of privilege

In two recent decisions, the High Court has considered the extent to which a party can provide privileged documents to a third party for a particular

Article

Herbert Smith Freehills LLP | USA | 4 Apr 2018

A reminder that inadvertent disclosure of privileged material will not engage the cherry picking rule

The Administrative Court has held that a defendant did not lose privilege in unredacted passages of documents that had been provided for inspection

Article

Herbert Smith Freehills LLP | United Kingdom | 22 Aug 2016

Reserving the Position

On 2 August 2016, the Technology and Construction Court ("TCC") released its decision in the case of ZVI Construction Co LLC v The University of

Article

Herbert Smith Freehills LLP | USA | 5 Aug 2016

US Court of Appeal for the Second District upholds decision of Southern District Court and confirms arbitral award against Pemex that was set aside at its seat

The US Court of Appeals for the Second Circuit (the Court of Appeals) has upheld the decision of District Judge Hellerstein in Corporación Mexicana

Article

Herbert Smith Freehills LLP | Australia | 22 Jul 2016

Takeovers law reform - some proposals

Takeover bids are essential to the operation of Australia’s economy and capital markets. The takeover rules could be reformed in certain ways to

Article

Herbert Smith Freehills LLP | United Kingdom | 13 Jul 2016

High Court rules that the principle of non-justiciability, unlike state immunity, cannot be waived

In a recent judgment of 21 June 2016 on a number of summary judgment applications in the case of High Commissioner for Pakistan in the United Kingdom

Article

Herbert Smith Freehills LLP | United Kingdom | 4 May 2016

Court of Appeal decision confirms stay may be granted despite forum non conveniens waiver clause but precise basis uncertain

The Court of Appeal has upheld a decision of the Commercial Court refusing a stay of English proceedings where the contracts contained a

Article

Herbert Smith Freehills LLP | United Kingdom | 30 Jun 2015

Commercial Court finds forum non conveniens waiver clause does not necessarily preclude stay on grounds of forum non conveniens

The Commercial Court has held that a non-exclusive jurisdiction clause combined with a forum non conveniens (FNC) waiver clause does not preclude the

Article

Herbert Smith Freehills LLP | United Kingdom | 12 Jun 2015

Important high court decision on waiver of privilege and without prejudice protection

In a decision earlier this week, the High Court held that a defendant bank had waived both legal professional privilege and without prejudice

Article

Herbert Smith Freehills LLP | United Kingdom | 17 Feb 2015

Establishing “good reason” for breach of order following change of solicitors may require waiver of privilege

The High Court has extended a witness statement deadline, where a party was in breach of the previous timetable, but refused to vacate the trial date

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