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Wilson Elser | USA | 24 Aug 2022
Knock-for-knock provisions and maritime law
Knock-for-knock provisions are intended to apply regardless of fault. However, federal courts applying general maritime law feel that it is against public policy to be indemnified for gross negligence or wilful misconduct. Several judgments acknowledged such an approach, but there is also authority to the contrary. A Texan court found more support for the position that an indemnification......
Lexology PRO | European Union, Netherlands | 3 Jun 2021
TikTok faces billion-euro Dutch claim
Dutch consumer rights body SOMI has filed a class action against TikTok, citing negligence over the safety and privacy of children on the platform.
Skadden Arps Slate Meagher & Flom LLP | USA | 27 Jul 2020
Liability Protections in Coronavirus Relief Legislation
Earlier today, Sen. John Cornyn, R-Texas, joined by Senate Majority Leader Mitch McConnell, R.-Ky., introduced the SAFE TO WORK Act, which would…
TerraLex Inc | European Union, Malta | 1 Oct 2019
Trade Secrets: Practical considerations in Malta
As Malta transposed the Trade Secrets Directive into law by virtue of Chapter 589 of the Laws of Malta, businesses can now benefit from this…
Arent Fox LLP | USA | 1 Apr 2019
NLRB GC Clarifies Duty of Fair Representation Standards
In two recent memoranda, NLRB General Counsel Peter Robb has clarified the standards to be used by the Board’s Regions in evaluating cases alleging…
WSCO Advokatpartnerselskab | Denmark | 20 Mar 2019
Carrier subject to unlimited liability for theft of products from trailer
A recent Maritime and Commercial Court ruling highlights that a carrier may be exposed to unlimited liability for loss resulting from a failure to adhere to a shipper's demands regarding special precautions, even when these demands do not follow from the parties overall cooperation agreement. The case concerned PS4 consoles which were stolen during transportation after the exporter failed to......
Corrs Chambers Westgarth | Australia | 15 Mar 2019
Industrial manslaughter offence and other changes coming to Model Work Health and Safety Laws?
On 25 February 2019, the Report of the first national review of Australia's model Work Health and Safety (WHS) laws was released. The Report (prepared…
Ogier | Cayman Islands | 31 Jan 2019
Court of Appeal overturns anti-suit injunction in favour of Argyle Funds SPC Inc
The Court of Appeal has unanimously allowed every ground of an appeal by the liquidators of Argyle Funds SPC Inc. The key takeaway for the Cayman Islands professional services industry is that where work is delegated to be carried out by related entities outside the Cayman Islands, any attempt to contractually limit clients' rights to bring claims against those entities must be expressly......
Wikborg Rein | United Kingdom | 19 Dec 2018
Clarity on barratry – exceptions in Hague-Visby Rules under scrutiny in Commercial Court
A 2017 Commercial Court judgment clarifies the concept of barratry and confirms that there is no qualification to fire when seeking to rely on the fire defence under the Hague or Hague-Visby Rules (assuming that the vessel is seaworthy and that the fire was not caused by the actual fault or privity of the owner). It also confirms that, absent fire, an owner cannot escape liability for......
Quadrant Chambers | United Kingdom | 13 Dec 2018
Court of Appeal upholds Ship Arrest decision in Stallion Eight Shipping Co SA v NatWest Markets Ltd (THE “MV ALKYON”)
In a significant judgment on the law of arrest, the Court of Appeal have upheld the Judgment of the Admiralty Judge Mr Justice Teare [2018] EWHC 2033…
