This document summarizes sessions from a conference on defending class actions in Canada. It discusses trends in British Columbia class action law, including certification standards becoming easier and the scope of cases expanding to national classes. Pre-certification strategies for defendants are outlined, such as challenging jurisdiction, arbitration agreements, or the nature of the claim. The document also covers class action issues like limitation periods in trust claims, aggregate damages, and post-settlement contribution.
Adjudication: Challenging the Adjudicator's JurisdictionFrancis Ho
The document discusses challenging an adjudicator's jurisdiction in construction disputes. It notes that the courts take a robust approach to enforcing adjudicator's decisions, allowing challenges only where the adjudicator acted without or in excess of jurisdiction or in serious breach of natural justice. However, it also presents recent cases where courts have been willing to accept genuine jurisdictional challenges. It then examines various jurisdictional issues that could be considered before and during an adjudication, such as whether the dispute has crystallized, whether it arises under the contract, whether the adjudicator was properly appointed, and whether more than one dispute is being referred.
Supreme Court of New Jersey Confirms "Fairly Debatable" Standard for First Pa...NationalUnderwriter
Supreme Court of New Jersey Confirms "Fairly Debatable" Standard for First Party Bad Faith; Acknowledges Relevance of Actual Investigation by Frederic J. Giordano and Robert F. Pawlowski
The Supreme Court of New Jersey recently issued an important pair of decisions for policyholders with bad faith claims against their first-party insurance companies in Badiali v. New Jersey Manufacturers Insurance Group[1] and Wadeer v. New Jersey Manufacturers Insurance Company.[2] In Badiali and Wadeer, the court reiterated the narrow “fairly debatable” standard as the threshold for bad faith claims in New Jersey. But, the court also opened the door to modify this standard in the Badiali decision by recognizing the relevance of the actual claims handling in a particular case.
The document discusses merger objection lawsuits that typically occur when a company is acquired. It provides examples of typical characteristics of these lawsuits, including that they usually follow the announcement of a merger within two weeks and are often settled within two months. The document also summarizes the fiduciary duties of company directors in evaluating merger offers, including the duties of care, good faith and loyalty. It notes that Delaware law establishes three levels of scrutiny for the court to evaluate director decisions: the business judgment rule, enhanced scrutiny, and entire fairness.
Robert Hunt presented on the rise of expert determination as an alternative to arbitration. He discussed key differences between the two processes, with expert determination being less formal and allowing the expert to use their expertise to make determinations, unlike arbitrators. Expert determination can provide substantial savings in time and costs compared to arbitration. However, it does not allow for discovery of documents and subpoenas, and determinations must be enforced through courts. While anecdotally popular as part of tiered dispute resolution processes, data from one organization showed slightly more requests for arbitration than expert determination.
UK Adjudicators Newsletter November 2021SeanGibbs12
The document summarizes two recent UK court cases related to construction payment adjudication.
1) In the first case, Quadro sought payment of £40k from Creagh for work under one contract. Creagh argued the adjudicator did not have jurisdiction because three separate invoices were referred, but the court found they constituted a single dispute over the total amount owed.
2) In the second case, CCCL sought £485k from Mincione following a final statement and adjudication decision. Mincione argued liquidated damages should offset this amount. The court found the adjudicator breached natural justice by not considering this defense, making the decision unenforceable.
Edwards Wildman John Hughes Merger Objection Suits PresentationEdwards Wildman
This document summarizes the key aspects of merger objection lawsuits. It begins with a hypothetical scenario of a public company being acquired. It then discusses what merger objection lawsuits are, including their typical characteristics, outcomes, and standards applied by courts. It provides examples of case studies and discusses insurance implications. Merger objection lawsuits almost always follow the announcement of an acquisition and most result in supplemental disclosures and attorney fee payments for plaintiffs.
The document discusses several recent Delaware court cases that have implications for financial advisors, including In re Dole Food Co. shareholder litigation. It summarizes the key claims, findings, and conclusions of the Dole Food case, including that the court found the company's controller and president breached their fiduciary duties but did not find the financial advisor liable. It also summarizes allegations and issues discussed in In re PLX Technology and In re Zale Corp. shareholder litigation regarding potential conflicts of interest of financial advisors.
UK Adjudicators October 2021 NewsletterSeanGibbs12
This newsletter from UK Adjudicators provides information about upcoming events related to construction law and adjudication. It summarizes recent adjudication cases in UK and Irish courts and discusses the costs associated with adjudication proceedings. Upcoming events highlighted include conferences from the Society of Construction Law and UK Adjudicators as well as a lunch hosted by UK Adjudicators. Recent cases discussed include issues of set-off in adjudication and the enforcement of adjudication decisions in Ireland. The newsletter also provides commentary on adjudication costs and whether capping adjudicator fees would effectively control costs.
Adjudication: Challenging the Adjudicator's JurisdictionFrancis Ho
The document discusses challenging an adjudicator's jurisdiction in construction disputes. It notes that the courts take a robust approach to enforcing adjudicator's decisions, allowing challenges only where the adjudicator acted without or in excess of jurisdiction or in serious breach of natural justice. However, it also presents recent cases where courts have been willing to accept genuine jurisdictional challenges. It then examines various jurisdictional issues that could be considered before and during an adjudication, such as whether the dispute has crystallized, whether it arises under the contract, whether the adjudicator was properly appointed, and whether more than one dispute is being referred.
Supreme Court of New Jersey Confirms "Fairly Debatable" Standard for First Pa...NationalUnderwriter
Supreme Court of New Jersey Confirms "Fairly Debatable" Standard for First Party Bad Faith; Acknowledges Relevance of Actual Investigation by Frederic J. Giordano and Robert F. Pawlowski
The Supreme Court of New Jersey recently issued an important pair of decisions for policyholders with bad faith claims against their first-party insurance companies in Badiali v. New Jersey Manufacturers Insurance Group[1] and Wadeer v. New Jersey Manufacturers Insurance Company.[2] In Badiali and Wadeer, the court reiterated the narrow “fairly debatable” standard as the threshold for bad faith claims in New Jersey. But, the court also opened the door to modify this standard in the Badiali decision by recognizing the relevance of the actual claims handling in a particular case.
The document discusses merger objection lawsuits that typically occur when a company is acquired. It provides examples of typical characteristics of these lawsuits, including that they usually follow the announcement of a merger within two weeks and are often settled within two months. The document also summarizes the fiduciary duties of company directors in evaluating merger offers, including the duties of care, good faith and loyalty. It notes that Delaware law establishes three levels of scrutiny for the court to evaluate director decisions: the business judgment rule, enhanced scrutiny, and entire fairness.
Robert Hunt presented on the rise of expert determination as an alternative to arbitration. He discussed key differences between the two processes, with expert determination being less formal and allowing the expert to use their expertise to make determinations, unlike arbitrators. Expert determination can provide substantial savings in time and costs compared to arbitration. However, it does not allow for discovery of documents and subpoenas, and determinations must be enforced through courts. While anecdotally popular as part of tiered dispute resolution processes, data from one organization showed slightly more requests for arbitration than expert determination.
UK Adjudicators Newsletter November 2021SeanGibbs12
The document summarizes two recent UK court cases related to construction payment adjudication.
1) In the first case, Quadro sought payment of £40k from Creagh for work under one contract. Creagh argued the adjudicator did not have jurisdiction because three separate invoices were referred, but the court found they constituted a single dispute over the total amount owed.
2) In the second case, CCCL sought £485k from Mincione following a final statement and adjudication decision. Mincione argued liquidated damages should offset this amount. The court found the adjudicator breached natural justice by not considering this defense, making the decision unenforceable.
Edwards Wildman John Hughes Merger Objection Suits PresentationEdwards Wildman
This document summarizes the key aspects of merger objection lawsuits. It begins with a hypothetical scenario of a public company being acquired. It then discusses what merger objection lawsuits are, including their typical characteristics, outcomes, and standards applied by courts. It provides examples of case studies and discusses insurance implications. Merger objection lawsuits almost always follow the announcement of an acquisition and most result in supplemental disclosures and attorney fee payments for plaintiffs.
The document discusses several recent Delaware court cases that have implications for financial advisors, including In re Dole Food Co. shareholder litigation. It summarizes the key claims, findings, and conclusions of the Dole Food case, including that the court found the company's controller and president breached their fiduciary duties but did not find the financial advisor liable. It also summarizes allegations and issues discussed in In re PLX Technology and In re Zale Corp. shareholder litigation regarding potential conflicts of interest of financial advisors.
UK Adjudicators October 2021 NewsletterSeanGibbs12
This newsletter from UK Adjudicators provides information about upcoming events related to construction law and adjudication. It summarizes recent adjudication cases in UK and Irish courts and discusses the costs associated with adjudication proceedings. Upcoming events highlighted include conferences from the Society of Construction Law and UK Adjudicators as well as a lunch hosted by UK Adjudicators. Recent cases discussed include issues of set-off in adjudication and the enforcement of adjudication decisions in Ireland. The newsletter also provides commentary on adjudication costs and whether capping adjudicator fees would effectively control costs.
This document summarizes the views of GE on the need for early resolution in international arbitration based on their experiences. The key points are:
1. Businesses prioritize efficiency, speed, and certainty in dispute resolution but often find international arbitration takes too long, costing unnecessary time and money.
2. While international arbitration has advantages over litigation, its focus on due process delays resolution, frustrating businesses who just want to assess exposure and move on.
3. GE provides examples where arbitration took years with no early decisions on key issues, forcing frustrated parties to expensive settlements just to achieve closure, rather than fair resolution.
4. An early resolution procedure could help address this gap if arbitrators ensured its dilig
- The document summarizes an interview between Jamie Ritchie and Niall Lawless, an experienced Irish construction adjudicator, about adjudication in Ireland.
- In the interview, Lawless discusses some of the main differences between adjudication in the UK and Ireland, including that in Ireland it is limited to payment disputes. He also provides insight into typical adjudicator backgrounds and fees.
- Common grounds for challenging an adjudicator's decision that Lawless has seen include issues around jurisdiction and natural justice. He also notes some circumstances where an oral hearing in adjudication may be appropriate.
Walt Metz has extensive experience as in-house counsel for transportation and logistics companies. He has successfully led large, complex projects including [1] coordinating the due diligence and acquisition of $190 million in warehouse facilities, [2] coordinating the drafting and implementation of a $1 billion refinancing, and [3] coordinating the internal due diligence process for a stock acquisition. He also has experience with an ATM stock offering. Walt is seeking a new in-house counsel position and his background demonstrates capabilities in corporate law, transactions, litigation and risk management.
The webinar featured a discussion of the Supreme Court’s current docket and how it may impact securities professionals. It was jointly presented by Linda Coberly, former Supreme Court clerk and chair of the firm’s appellate and critical motions practice, and partner Jim Junewicz, who focuses on securities offerings, M&A, and corporate governance and frequently lectures on issues relating to capital markets. Participants received both general and Professional Responsibility CLE credit.
This unique program combined information about trends at the Court and specific cases of interest to business, including a discussion about what securities professionals can learn from those cases. Of particular interest was the Court’s recent decision in Omnicare, which provides explicit guidance for issuers preparing securities offering disclosure documents and periodic reports. Ms. Coberly was one of the lawyers representing Omnicare before the Supreme Court.
UK Adjudicators 2021 London Adjudication & Arbitration Conference pack with speakers slides. Speakers included:
Marion Smith QC 39 ESSEX / CIARB
Daniel Miles AQUILA FORENSICS
Abdul Jinadu KEATING CHAMBERS / UK ADJUDICATORS
Jeremy Glover FENWICK ELLIOTT
Sean Gibbs UK ADJUDICATORS / HANSCOMB INTERCONTINENTAL
Seamus O’Doherty BRG / RICS / UK ADJUDICATORS
Sean Fishlock BRG
Matt Finn ANKURA / UK ADJUDICATORS
Iain Aitchison ANKURA / UK ADJUDICATORS
Giorgiana Tecuci SCPA TECUCI PĂLTINEANU / DRBF / FIDIC
Brandon Malone SAC / RICS / CIARB / UK ADJUDICATORS
Chantelle Humphries THE BRIDGE GROUP OF ADVOCATES / UK ADJUDICATORS
Robert Sliwinski SWL CHAMBERS / UK ADJUDICATORS
Patrick Waterhouse BOWDON CONSULTING / UK ADJUDICATORS
Peter Aeberli 3PB / UK ADJUDICATORS
Karen Gough 39 ESSEX
Johan Beyers KEATING CHAMEBRS
Robert Werth WERTH CONSULTING
Dean Sayers SAYERS COMMERCIAL / UK ADJUDICATORS
Lisa Cattanach CDR / RICS / UK ADJUDICATORS
Suryen Nullamtamby BIRKETT LONG LLP / UK ADJUDICATORS
John Cock ON Q CONSULTING COLLABORATING WITH HANSCOMB INTERCONTINENTAL
Glenn Haley BRYAN CAVE LEIGHTON PAISNER LLP
Albert Yeu AECOM / UK ADJUDICATORS
Paul Checketts HANSCOMB INTERCONTINENTAL / UK ADJUDICATORS
Jonathan Pawlowski COLLYER BRISTOW
Jessica Tresham WOMBLE BOND DICKINSON
Philip Harris WRIGHT HASSALL
Justin Mort QC KEATING CHAMBERS
Giovanni Di Folco TECHNO ENGINEERING / DRBF
Adriana Spassova EQE / DRBF / FIDIC
Sharon McGahey BLACKROCK EXPERT SERVICES
Yasemin Cetinel CENTINEL LAW FIRM
Bernadette Barker BARKER CONSULTANTS
Giorgiana Tecuci SCPA TECUCI PALTINEAU
James Bridgeman SC 4-5 GRAYS INN / ARBITRATOR
Damain James DAMIAN JAMES QUANTUM & DELAY / UK ADJUDICATORS
Peter Clyde ADDLESHAW GODDARD LLP
Panel subjects and programme:
Conference 9.05am to 5.00pm (ZOOM)
09.15 to 10.30 Defining and achieving diversity in tribunals
10.30 to 10.45 break
10.45 to 12.00 Controlling costs by capping fees of tribunal members
12.00 to 12.45 Governing Law after Brexit
12.45 to 13.15 lunch
13.15 to 14.30 Statutory ADR or contractual ADR ?
14.30 to 14.45 break
14.45 to 16.00 Do experts discharge their duties to the tribunal ?
16.00 to 17.00 Management of delinquent party behaviour !
Class Actions Trends - An Overview of Recent Trends Involving Class Actions Rachel Hamilton
This document summarizes recent trends involving class action lawsuits. It discusses how recent Supreme Court rulings have heightened standards of commonality and predominance for class certification. There have been favorable developments for defendants in case law on ascertainability and superiority. The document analyzes several court cases and how they have impacted class certification. It also discusses strategies for seeking early resolution of class actions, such as motions to strike class allegations or picking off named plaintiffs.
This document provides an overview of key concepts related to bankruptcy, including types of bankruptcies, common shocks experienced during bankruptcy, out-of-court settlement options, steps to file UCC documents, issues related to distressed debtors, actions creditors can take after a bankruptcy filing is made, and definitions of key terms like reclamation and bankruptcy priorities. The document covers corporate and individual bankruptcy filings and considerations, as well as non-bankruptcy liquidation and restructuring alternatives.
Looking forward in international arbitration Rebecca Davis
The document discusses several trends and challenges in international commercial dispute resolution, including the increasing popularity and use of mediation, the rise of specialized domestic commercial courts that can rival arbitration, and issues with the investor-state dispute settlement system like forum shopping and inconsistent decisions. Specialized domestic courts are becoming more viable options for resolving international disputes as their judgments gain easier enforcement. Investor-state arbitration faces challenges around inconsistent decisions and public backlash that systems like the proposed European Investment Court aim to address.
Olswang Construction Law Masterclass - October 2014 - Liqudated Damages and P...Francis Ho
This document discusses liquidated damages clauses in construction contracts. It defines liquidated damages as a pre-determined sum payable in the event of a specified breach of contract, and explains that they aim to provide a genuine pre-estimate of loss to avoid disputes over damages calculations. The document outlines reasons for using liquidated damages clauses and defenses against them, and analyzes how courts determine whether a clause imposes a penalty rather than reasonable damages. It also discusses implications if a challenge to liquidated damages succeeds.
This document discusses the increasing use of mandatory pre-dispute arbitration clauses in nursing home agreements. These clauses require residents to waive their right to have any disputes heard in court by a judge and jury. Instead, disputes would be decided by a private arbitrator selected by the nursing home. Some believe nursing homes use these clauses to avoid responsibility for negligence. The document advises examining arbitration clauses closely and considering other facilities if a clause is required, as an alternative may provide better care and peace of mind by not eliminating the option to seek justice in court.
UK Adjudicators March 2019 newsletter with guest articles from Rajiv Bhatt and Katie Lee from Hardwicke Chambers and Sandra Steele from K&L Gates Australia.
The document discusses common forms of disputes that arise for businesses such as family feuds, issues between shareholders, and deadlocks. It then examines mechanisms for resolving disputes, including mediation, arbitration, and litigation. Finally, it provides suggestions for avoiding disputes altogether such as maintaining good governance practices and entering comprehensive shareholders' agreements that plan for potential disputes.
Deals Making And Breaking Them (May 2011)Miranda Lam
The document discusses letters of intent (LOIs) and how they are used in M&A transactions. It notes that LOIs are commonly used as precursors to definitive agreements to outline the parties' intent to engage in negotiations towards a business transaction. The document examines issues like whether LOIs should be binding or non-binding, and how to determine if a binding commitment has been formed. It also provides tips for drafting effective LOIs and definitive agreements.
Developer's Disclosure Obligations under REDMAjcytrynbaum
This document summarizes disclosure obligations for real estate developers under the Real Estate Development Marketing Act (REDMA) in British Columbia, including requirements to file disclosure statements with the Superintendent when marketing a development, provide copies to purchasers, retain receipts, and file amendments if material facts change. It discusses what constitutes a material change requiring an amendment to be filed and delivered to purchasers, and remedies for purchasers if disclosure obligations are not met, such as rescinding the purchase agreement or seeking damages for misrepresentation.
This document summarizes disclosure obligations for real estate developers under the Real Estate Development Marketing Act in British Columbia, Canada. It outlines requirements for developers to file disclosure statements when marketing properties, provide copies to purchasers, and file amendments if any information becomes inaccurate. It also describes purchaser remedies like rescinding agreements or pursuing civil damages claims for misrepresentations. Recent case law trends are interpreted as moving away from technical relief for purchasers.
Offsets in Defence Procurement in Canada - ConsiderationsBrenda Swick
Companies that bid on defence and Canadian Coast Guard contracts are well aware of Canada’s Industrial and Regional Benefits (IRB) Policy, which requires them to undertake business activities in Canada that are valued at 100 percent of the prime contract with Public Works and Government Services Canada. Under Canada’s new Defence Procurement Strategy, IRBs, now called “Value Propositions for Industrial Technological Benefits (ITBs),” will, for the first time, be a rated requirement in the evaluation of a bidder’s proposal. This means that bidders with an otherwise competitive bid are now exposed to losing to a competitor whose bid contains a stronger Value Proposition. The rules are still being developed and therefore bidders would be well advised to keep abreast of the implementation of this new rated requirement. Bidders should ensure that they understand up front the Value Proposition requirement in the solicitation document as well as rules for challenging it, if necessary. Finally, Canada’s new Integrity Provisions will now apply to prime contractors that flow down some of their offset requirements to subcontractors; prime contractors would therefore be well advised to ensure that their subcontractors are willing and able to sign onto terms similar to those set out in the Integrity Provisions. Failure to do so could result in the termination of the contract and imposition of damages very unfavourable to the prime contractor.
All of these issues are discussed in the presentation to the European Countertrade and Offsets Club to be given in Vienna, on November 20, 2014.
Old Rules for New Issues With New Media:
Is There a Gap in Intellectual Property Law?
Law Society Special Lectures 2012:
Employment Law and the New Workplace
in the Social Media Age
The marcus evans 5th Product and Pipeline Enhancement for Generics Conference hosted industry leaders within the Generic Pharmaceutical, Branded Pharmaceutical and API industries operating globally. These leaders shared best practices, strategies and tools on portfolio management and business strategy, as well as legal, intellectual property and patent issues.
Knobbe Martens' attorneys presented on the following topic:
*Analyzing Recent Updates to the Hatch-Waxman Act to Grasp Future Impacts and Challenges
*Studying recent changes that could impact the industry, including 180-day exclusivity and complications regarding patent listings
*Drawing lessons from the close relationship between the patenting of generic products and FDA regulatory approval to pinpoint areas of improvement
*Considering the impact biosimilar products could have on market entry and patent strategies
*Reviewing both real-life rulings and hypotheticals regarding Hatch-Waxman litigation to identify future strategies
Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2010-2011). It covers significant developements since my talk last spring.
Comparison Between Canadian And Us Class Actions Law And Practicejyatesdahlgren
Canadian class action legislation originated from the U.S. Rule 23 model but with adjustments to make class actions more accessible. Most Canadian provinces have class action laws with certification requirements including identifiable class, common issues, and preferable procedure. The Canadian approach generally has a lower certification threshold than the U.S. model. Key differences include the lack of requirements for typicality, predominance, superiority, and the allowance of aggregate damages awards.
This document summarizes the views of GE on the need for early resolution in international arbitration based on their experiences. The key points are:
1. Businesses prioritize efficiency, speed, and certainty in dispute resolution but often find international arbitration takes too long, costing unnecessary time and money.
2. While international arbitration has advantages over litigation, its focus on due process delays resolution, frustrating businesses who just want to assess exposure and move on.
3. GE provides examples where arbitration took years with no early decisions on key issues, forcing frustrated parties to expensive settlements just to achieve closure, rather than fair resolution.
4. An early resolution procedure could help address this gap if arbitrators ensured its dilig
- The document summarizes an interview between Jamie Ritchie and Niall Lawless, an experienced Irish construction adjudicator, about adjudication in Ireland.
- In the interview, Lawless discusses some of the main differences between adjudication in the UK and Ireland, including that in Ireland it is limited to payment disputes. He also provides insight into typical adjudicator backgrounds and fees.
- Common grounds for challenging an adjudicator's decision that Lawless has seen include issues around jurisdiction and natural justice. He also notes some circumstances where an oral hearing in adjudication may be appropriate.
Walt Metz has extensive experience as in-house counsel for transportation and logistics companies. He has successfully led large, complex projects including [1] coordinating the due diligence and acquisition of $190 million in warehouse facilities, [2] coordinating the drafting and implementation of a $1 billion refinancing, and [3] coordinating the internal due diligence process for a stock acquisition. He also has experience with an ATM stock offering. Walt is seeking a new in-house counsel position and his background demonstrates capabilities in corporate law, transactions, litigation and risk management.
The webinar featured a discussion of the Supreme Court’s current docket and how it may impact securities professionals. It was jointly presented by Linda Coberly, former Supreme Court clerk and chair of the firm’s appellate and critical motions practice, and partner Jim Junewicz, who focuses on securities offerings, M&A, and corporate governance and frequently lectures on issues relating to capital markets. Participants received both general and Professional Responsibility CLE credit.
This unique program combined information about trends at the Court and specific cases of interest to business, including a discussion about what securities professionals can learn from those cases. Of particular interest was the Court’s recent decision in Omnicare, which provides explicit guidance for issuers preparing securities offering disclosure documents and periodic reports. Ms. Coberly was one of the lawyers representing Omnicare before the Supreme Court.
UK Adjudicators 2021 London Adjudication & Arbitration Conference pack with speakers slides. Speakers included:
Marion Smith QC 39 ESSEX / CIARB
Daniel Miles AQUILA FORENSICS
Abdul Jinadu KEATING CHAMBERS / UK ADJUDICATORS
Jeremy Glover FENWICK ELLIOTT
Sean Gibbs UK ADJUDICATORS / HANSCOMB INTERCONTINENTAL
Seamus O’Doherty BRG / RICS / UK ADJUDICATORS
Sean Fishlock BRG
Matt Finn ANKURA / UK ADJUDICATORS
Iain Aitchison ANKURA / UK ADJUDICATORS
Giorgiana Tecuci SCPA TECUCI PĂLTINEANU / DRBF / FIDIC
Brandon Malone SAC / RICS / CIARB / UK ADJUDICATORS
Chantelle Humphries THE BRIDGE GROUP OF ADVOCATES / UK ADJUDICATORS
Robert Sliwinski SWL CHAMBERS / UK ADJUDICATORS
Patrick Waterhouse BOWDON CONSULTING / UK ADJUDICATORS
Peter Aeberli 3PB / UK ADJUDICATORS
Karen Gough 39 ESSEX
Johan Beyers KEATING CHAMEBRS
Robert Werth WERTH CONSULTING
Dean Sayers SAYERS COMMERCIAL / UK ADJUDICATORS
Lisa Cattanach CDR / RICS / UK ADJUDICATORS
Suryen Nullamtamby BIRKETT LONG LLP / UK ADJUDICATORS
John Cock ON Q CONSULTING COLLABORATING WITH HANSCOMB INTERCONTINENTAL
Glenn Haley BRYAN CAVE LEIGHTON PAISNER LLP
Albert Yeu AECOM / UK ADJUDICATORS
Paul Checketts HANSCOMB INTERCONTINENTAL / UK ADJUDICATORS
Jonathan Pawlowski COLLYER BRISTOW
Jessica Tresham WOMBLE BOND DICKINSON
Philip Harris WRIGHT HASSALL
Justin Mort QC KEATING CHAMBERS
Giovanni Di Folco TECHNO ENGINEERING / DRBF
Adriana Spassova EQE / DRBF / FIDIC
Sharon McGahey BLACKROCK EXPERT SERVICES
Yasemin Cetinel CENTINEL LAW FIRM
Bernadette Barker BARKER CONSULTANTS
Giorgiana Tecuci SCPA TECUCI PALTINEAU
James Bridgeman SC 4-5 GRAYS INN / ARBITRATOR
Damain James DAMIAN JAMES QUANTUM & DELAY / UK ADJUDICATORS
Peter Clyde ADDLESHAW GODDARD LLP
Panel subjects and programme:
Conference 9.05am to 5.00pm (ZOOM)
09.15 to 10.30 Defining and achieving diversity in tribunals
10.30 to 10.45 break
10.45 to 12.00 Controlling costs by capping fees of tribunal members
12.00 to 12.45 Governing Law after Brexit
12.45 to 13.15 lunch
13.15 to 14.30 Statutory ADR or contractual ADR ?
14.30 to 14.45 break
14.45 to 16.00 Do experts discharge their duties to the tribunal ?
16.00 to 17.00 Management of delinquent party behaviour !
Class Actions Trends - An Overview of Recent Trends Involving Class Actions Rachel Hamilton
This document summarizes recent trends involving class action lawsuits. It discusses how recent Supreme Court rulings have heightened standards of commonality and predominance for class certification. There have been favorable developments for defendants in case law on ascertainability and superiority. The document analyzes several court cases and how they have impacted class certification. It also discusses strategies for seeking early resolution of class actions, such as motions to strike class allegations or picking off named plaintiffs.
This document provides an overview of key concepts related to bankruptcy, including types of bankruptcies, common shocks experienced during bankruptcy, out-of-court settlement options, steps to file UCC documents, issues related to distressed debtors, actions creditors can take after a bankruptcy filing is made, and definitions of key terms like reclamation and bankruptcy priorities. The document covers corporate and individual bankruptcy filings and considerations, as well as non-bankruptcy liquidation and restructuring alternatives.
Looking forward in international arbitration Rebecca Davis
The document discusses several trends and challenges in international commercial dispute resolution, including the increasing popularity and use of mediation, the rise of specialized domestic commercial courts that can rival arbitration, and issues with the investor-state dispute settlement system like forum shopping and inconsistent decisions. Specialized domestic courts are becoming more viable options for resolving international disputes as their judgments gain easier enforcement. Investor-state arbitration faces challenges around inconsistent decisions and public backlash that systems like the proposed European Investment Court aim to address.
Olswang Construction Law Masterclass - October 2014 - Liqudated Damages and P...Francis Ho
This document discusses liquidated damages clauses in construction contracts. It defines liquidated damages as a pre-determined sum payable in the event of a specified breach of contract, and explains that they aim to provide a genuine pre-estimate of loss to avoid disputes over damages calculations. The document outlines reasons for using liquidated damages clauses and defenses against them, and analyzes how courts determine whether a clause imposes a penalty rather than reasonable damages. It also discusses implications if a challenge to liquidated damages succeeds.
This document discusses the increasing use of mandatory pre-dispute arbitration clauses in nursing home agreements. These clauses require residents to waive their right to have any disputes heard in court by a judge and jury. Instead, disputes would be decided by a private arbitrator selected by the nursing home. Some believe nursing homes use these clauses to avoid responsibility for negligence. The document advises examining arbitration clauses closely and considering other facilities if a clause is required, as an alternative may provide better care and peace of mind by not eliminating the option to seek justice in court.
UK Adjudicators March 2019 newsletter with guest articles from Rajiv Bhatt and Katie Lee from Hardwicke Chambers and Sandra Steele from K&L Gates Australia.
The document discusses common forms of disputes that arise for businesses such as family feuds, issues between shareholders, and deadlocks. It then examines mechanisms for resolving disputes, including mediation, arbitration, and litigation. Finally, it provides suggestions for avoiding disputes altogether such as maintaining good governance practices and entering comprehensive shareholders' agreements that plan for potential disputes.
Deals Making And Breaking Them (May 2011)Miranda Lam
The document discusses letters of intent (LOIs) and how they are used in M&A transactions. It notes that LOIs are commonly used as precursors to definitive agreements to outline the parties' intent to engage in negotiations towards a business transaction. The document examines issues like whether LOIs should be binding or non-binding, and how to determine if a binding commitment has been formed. It also provides tips for drafting effective LOIs and definitive agreements.
Developer's Disclosure Obligations under REDMAjcytrynbaum
This document summarizes disclosure obligations for real estate developers under the Real Estate Development Marketing Act (REDMA) in British Columbia, including requirements to file disclosure statements with the Superintendent when marketing a development, provide copies to purchasers, retain receipts, and file amendments if material facts change. It discusses what constitutes a material change requiring an amendment to be filed and delivered to purchasers, and remedies for purchasers if disclosure obligations are not met, such as rescinding the purchase agreement or seeking damages for misrepresentation.
This document summarizes disclosure obligations for real estate developers under the Real Estate Development Marketing Act in British Columbia, Canada. It outlines requirements for developers to file disclosure statements when marketing properties, provide copies to purchasers, and file amendments if any information becomes inaccurate. It also describes purchaser remedies like rescinding agreements or pursuing civil damages claims for misrepresentations. Recent case law trends are interpreted as moving away from technical relief for purchasers.
Offsets in Defence Procurement in Canada - ConsiderationsBrenda Swick
Companies that bid on defence and Canadian Coast Guard contracts are well aware of Canada’s Industrial and Regional Benefits (IRB) Policy, which requires them to undertake business activities in Canada that are valued at 100 percent of the prime contract with Public Works and Government Services Canada. Under Canada’s new Defence Procurement Strategy, IRBs, now called “Value Propositions for Industrial Technological Benefits (ITBs),” will, for the first time, be a rated requirement in the evaluation of a bidder’s proposal. This means that bidders with an otherwise competitive bid are now exposed to losing to a competitor whose bid contains a stronger Value Proposition. The rules are still being developed and therefore bidders would be well advised to keep abreast of the implementation of this new rated requirement. Bidders should ensure that they understand up front the Value Proposition requirement in the solicitation document as well as rules for challenging it, if necessary. Finally, Canada’s new Integrity Provisions will now apply to prime contractors that flow down some of their offset requirements to subcontractors; prime contractors would therefore be well advised to ensure that their subcontractors are willing and able to sign onto terms similar to those set out in the Integrity Provisions. Failure to do so could result in the termination of the contract and imposition of damages very unfavourable to the prime contractor.
All of these issues are discussed in the presentation to the European Countertrade and Offsets Club to be given in Vienna, on November 20, 2014.
Old Rules for New Issues With New Media:
Is There a Gap in Intellectual Property Law?
Law Society Special Lectures 2012:
Employment Law and the New Workplace
in the Social Media Age
The marcus evans 5th Product and Pipeline Enhancement for Generics Conference hosted industry leaders within the Generic Pharmaceutical, Branded Pharmaceutical and API industries operating globally. These leaders shared best practices, strategies and tools on portfolio management and business strategy, as well as legal, intellectual property and patent issues.
Knobbe Martens' attorneys presented on the following topic:
*Analyzing Recent Updates to the Hatch-Waxman Act to Grasp Future Impacts and Challenges
*Studying recent changes that could impact the industry, including 180-day exclusivity and complications regarding patent listings
*Drawing lessons from the close relationship between the patenting of generic products and FDA regulatory approval to pinpoint areas of improvement
*Considering the impact biosimilar products could have on market entry and patent strategies
*Reviewing both real-life rulings and hypotheticals regarding Hatch-Waxman litigation to identify future strategies
Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2010-2011). It covers significant developements since my talk last spring.
Comparison Between Canadian And Us Class Actions Law And Practicejyatesdahlgren
Canadian class action legislation originated from the U.S. Rule 23 model but with adjustments to make class actions more accessible. Most Canadian provinces have class action laws with certification requirements including identifiable class, common issues, and preferable procedure. The Canadian approach generally has a lower certification threshold than the U.S. model. Key differences include the lack of requirements for typicality, predominance, superiority, and the allowance of aggregate damages awards.
Levine, Blaszak, Block & Boothby is a telecom law firm that specializes in representing enterprise customers in disputes with telecom providers. The firm has represented clients in many mediations, arbitrations, and lawsuits involving billing issues, service problems, and other areas of contention. Common causes of disputes include poorly drafted agreements, failure of customers or carriers to fulfill obligations, and "gotcha" clauses in carrier contracts. The document provides tips for avoiding and resolving disputes, such as escalating issues appropriately, documenting problems, and being willing to negotiate settlements.
This document discusses how to prepare for and handle claims against community associations. It defines what constitutes a claim and how claims typically arise from issues, disagreements or failures to communicate. It emphasizes the importance of documentation to support decisions and respond to potential claims. When a claim arises, the manager should contact the association's insurance agent and attorney. Ongoing documentation of issues, decisions and communications can help prevent and defend against claims.
Government procurement obligations under the cetaBrenda Swick
This is presentation I gave on how government contracting for Canadian provincial and municipal governments l level will be affected by the new Canada EU Trade and Economic Agreement
Non-competition and Non-solicitation ProvisionsKevin Learned
In this seminar we analyzed non-competition and non-solicitation provisions in the contexts of M&A transactions, employee/consultant relationships and subcontracting agreements. We addressed issues that arise in the drafting and negotiation of these provisions, as well as issues related to enforcement and litigation, with a particular emphasis on issues impacting federal service contractors who operate in the DC/MD/VA region.
This document summarizes an interview with Kwadwo Gyasi Ntrakwah, a partner at a leading law firm in Ghana specializing in arbitration. Ntrakwah discusses the growing use of arbitration and mediation as alternative dispute resolution (ADR) methods in Ghana, especially for resolving large international disputes between Ghana and foreign entities. He notes that while arbitration has advantages over litigation like flexibility and binding awards, enforcing arbitral awards in Ghana remains a challenge. Ntrakwah also provides examples of recent arbitration cases involving maritime and oil/gas disputes between Ghana and neighboring countries.
The document discusses cost apportionment for concurrent delays on construction projects. It notes courts in the UK and Scotland have moved away from the doctrine of concurrent delay, which did not allow recovery of costs during concurrent delays. The document examines the "net effect approach" used in the US, which apportions costs by offsetting liquidated damages and contractor costs. It argues this provides a more equitable resolution when analyzing complex delay scenarios on projects.
This document discusses challenges to statutory adjudication in the construction industry and proposes measures to diminish judicial intervention. It finds that as payment claims increase in size, so too does the proportion of determinations challenged through judicial review. Larger claims are more likely to involve complex issues that parties seek to dispute in court. However, extensive litigation undermines the objective of facilitating cash flow. The document examines current approaches used by courts to limit review and proposes that courts adopt a broad view of jurisdictional facts, and allow adjudicators to correct defects upon remittal rather than quashing entire determinations. It argues these pragmatic measures can better balance parties' rights with the legislation's purpose of resolving disputes quickly and inexpensively.
Mitigating Litigation Risk at the Deal Table M&A Part II Polsinelli PC
Attorneys from Polsinelli's Corporate & Transactional, Financial & Fiduciary Litigation, and Government Investigations practices share the following topics regarding M&A:
*Compartmentalizing Liability: Reducing Risk of Veil-Piercing by Courts and Similar Outcomes
*Alternative Dispute Resolution: Mediation and Arbitration
*Choice of Law Provisions in M&A Agreements
*Venue Selection in M&A Agreements
Diamond Fruit growers v. Krack Corp case briefAnthony Lee
This case brief summarizes Diamond Fruit Growers, Inc. v. Krack Corp., a 1986 case regarding contract formation between Krack Corp. and its supplier Metal-Matic. Krack and Metal-Matic had conducted business for 10 years using purchase orders and order confirmations with differing terms. The court found that under UCC §2-207, Metal-Matic's additional terms disclaiming liability were not part of the contract because Krack did not unequivocally assent to those terms. The decision demonstrates that express assent is required for additional terms to become part of a contract when forms do not agree.
Protecting Your Consumer Product and Retail Brand in the Social Media EraElder C. Marques
This presentation looks at the promise and perils of social media for retailers and consumer product companies. It surveys some key legal issues relating to the protection of consumer brands online. Social media improves the way that brands can connect with consumers, but it also permits real damage to be done to brands quickly.
Basic Contract Law for PMs webinar Part 3:What to do when things go wrong or the unexpected happens
Tuesday 24 April 2018
APM Contracts and Procurement Specific Interest Group (SIG)
presented by Sarah Schütte, Schutte Consulting Limited
hosted by Dr Jon Broome, Contracts and Procurement SIG Deputy Chair
Similar to Hot Topics In Class Actions (February 2012) (20)
Basic Contract Law for PMs webinar Part 3: What to do when things go wrong or...
Hot Topics In Class Actions (February 2012)
1. McCarthy Tétrault Advance™
Building Capabilities for Growth
HOT TOPICS IN CLASS ACTIONS
Defending Class Actions in Canada,
3rd Edition
February 9, 2012
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
2. 2
SESSION 1
Class Actions –The Big Picture
British Columbia In Flux
Andrew Wilkinson, Q.C.
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
3. 15 Years of Class Actions in BC 3
¬ BC was early in Canada (1996)
¬ Class Proceedings Act provides for rep plaintiff to
apply to “certify” entire class
¬ Sometimes defendants like to be certified to
ensure capture of all claims
¬ QC process (“authorization”) very different, with
no appeal for defendants
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
4. Certification Criteria 4
¬ Cause of Action (including novel claims)
¬ Identifiable class
¬ Common issues
¬ Preferable procedure
¬ Rep plaintiff adequately represents class
¬ Workable litigation plan
US criteria are more restrictive than Canadian
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
5. Role of BC in Canadian Class Actions 5
¬ “National” classes still controversial in Canada
¬ BC was a local market until recently - “opt out”
made ON and QC more attractive to plaintiffs
¬ BC now seen as more plaintiff friendly
¬ ? lower thresholds for certification
¬ Organized plaintiff bar means co-ordinated
actions across Canada
¬ US actions often lead by example
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
6. Proposed Amendments to 6
B.C. Class Proceedings Act
¬ Only BC, NB and NF are “opt in”
¬ SK and AB changed to “opt out”
¬ CBA proposes that BC change to “opt out”
¬ With no costs against plaintiffs, would make BC
attractive to national class plaintiffs
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
7. 7
SESSION 2
Winning the war before it begins:
Pre-certification strategies
Miranda Lam
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
9. You’ve been sued … now what? 9
¬ Legal considerations:
¬ Choice of defence counsel
¬ Defeating the claim on a preliminary basis
¬ Jurisdiction
¬ Other dispute resolution mechanisms
¬ Nature of the claim
¬ Opposing certification
¬ Defence on the merits
¬ Settlement
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
10. Preliminary Steps: Challenge Jurisdiction 10
¬ In British Columbia, only residents are
automatically included in the class unless they
opt out
¬ Issues:
¬ Conflict of laws
¬ Court Jurisdiction and Transfer of Proceedings Act
¬ “real and substantial connection” codified
¬ Constitutional: can provincial legislation have
extra-provincial effect?
¬ Practical and strategic implications
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
11. Preliminary Steps: Challenge the 11
Dispute Resolution Mechanism
¬ Mandatory Arbitration
Where the subject matter of the proposed class
action is an agreement or relates to one, and the
agreement contains an arbitration clause requiring
that any disputes under it be resolved by
arbitration, a defendant may be entitled to apply to
have any court proceedings stayed.
N.B. Breaches of consumer protection legislation
are not subject to arbitration.
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
12. Preliminary Steps: Challenge the 12
Nature of the Claim
¬ Cause of action
¬ Motion for particulars
¬ Security for costs
¬ Summary judgment and summary trial
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
13. Oppose Certification 13
¬ OPPOSE: ¬ CONSENT:
¬ Failure to meet criteria ¬ Strong case on the merits
¬ Incomplete pleadings ¬ Conditional consent as
¬ Substantive defence on precursor to settlement
the merits ¬ Significant individual
¬ Strategic positioning claims that would be
costly to defend
separately
¬ Leverage
¬ Appetite and resources to
litigate
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
14. Avoiding Class Actions 14
¬ Robust Risk Management
¬ Review processes and policies associated with
handling customer complaints and identification of
issues
¬ Review internal policies to ensure currency and
responsiveness (HR, safety, environmental,
confidentiality)
¬ Consistent communication – internal and
externally
¬ Agreements
¬ Mandatory arbitration clauses?
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
15. 15
SESSION 3
Trends in B.C. Class Actions:
Our World Is Changing
Jill Yates
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
16. Types of Claims are Changing 16
¬ BPCPA – BC’s consumer protection legislation
¬ Various benefits for plaintiffs, including:
¬ aggressive remedies in some cases
¬ insulation from arbitration in some cases
¬ Waiver of Tort
¬ either cause of action or remedy
¬ various benefits for plaintiffs
¬ Plaintiffs looking for opportunities to plead both of
these
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
17. Certification Standards are Changing 17
¬ Getting tougher to get certified in US
¬ Easier to get certified in Ontario
¬ Easier to get certified in B.C.
¬ Many courts are not strict about the requirements
of the CPA
¬ e.g. Wakelam v. Johnson & Johnson et al.
¬ e.g. Steele v. Toyota Canada Inc.
¬ Courts are taking a “certify now, worry later”
approach
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
18. Scope is Changing 18
¬ National/Cross-border classes are becoming
more common, including in B.C.
¬ The majority of our class actions are part of/
extensions of/ copies of claims in other
jurisdictions
¬ It has been proposed that B.C.’s legislation be
amended to allow for national classes
¬ Working toward a Judicial Cooperation Protocol in
Canada
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
19. How We Defend is Changing 19
¬ Courts have stated that it may often be
appropriate for defendants to file a defence
before certification – and some judges are
requiring it
¬ Some courts are allowing pre-certification
motions (e.g. pleadings, summary trials)
¬ Certification is no longer the end of the litigation
process in a class action – cases are increasingly
continuing beyond certification and some are
going to trial
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
20. 20
SESSION 4
Class Action Quirks:
Limitations Periods in “Trust” Claims
Aggregate Damages
AND Contribution after Settlement
Warren Milman
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
21. Limitation Periods 21
¬ Most Provinces: 2 years, subject to
“discoverability”
¬ BC – Special case for claims seeking
disgorgement of “trust funds” (e.g., waiver of tort)
¬ Law reform: relief is in sight?
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
22. Aggregate Damages 22
¬ Traditional rule – can’t use CPA to create new
substantive liability
¬ New rule: CPA allows class-wide damages to be
aggregated so that class members need not
show loss or injury
¬ Punishment vs. compensation
¬ Cy-prés awards
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
23. Contribution 23
- is settlement really the end?
¬ Rights of contribution for joint and several liability
¬ Bar orders and covenants not to sue
¬ Conspiracy claims?
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID #11150233
24. VANCOUVER MONTRÉAL
Suite 1300, 777 Dunsmuir Street Suite 2500
P.O. Box 10424, Pacific Centre 1000 De La Gauchetière Street West
Vancouver BC V7Y 1K2 Montréal QC H3B 0A2
Tel: 604-643-7100 Tel: 514-397-4100
Fax: 604-643-7900 Fax: 514-875-6246
Toll-Free: 1-877-244-7711 Toll-Free: 1-877-244-7711
CALGARY QUÉBEC
Suite 3300, 421 7th Avenue SW Le Complexe St-Amable
Calgary AB T2P 4K9 1150, rue de Claire-Fontaine, 7e étage
Tel: 403-260-3500 Québec QC G1R 5G4
Fax: 403-260-3501 Tel: 418-521-3000
Toll-Free: 1-877-244-7711 Fax: 418-521-3099
Toll-Free: 1-877-244-7711
TORONTO
Box 48, Suite 5300 UNITED KINGDOM & EUROPE
Toronto Dominion Bank Tower 125 Old Broad Street, 26th Floor
Toronto ON M5K 1E6 London EC2N 1AR
Tel: 416-362-1812 UNITED KINGDOM
Fax: 416-868-0673 Tel: +44 (0)20 7786 5700
Toll-Free: 1-877-244-7711 Fax: +44 (0)20 7786 5702
McCarthy Tétrault LLP / mccarthy.ca / February 9, 2012 / Doc ID
#11150233