Commercial Litigation UK

  • October 19, 2020

    Justices Urged To Make Germany Face $250M Nazi Art Fight

    An advocacy group representing U.S. Orthodox Jews is urging the U.S. Supreme Court to force Germany to face claims relating to $250 million worth of medieval art that was allegedly looted by the Nazis, saying an exception under sovereign immunity law doesn't apply.

  • October 19, 2020

    Investor To Ask 2nd Circ. To Revive Benchmark-Rigging Suit

    An investor has let a New York federal court know he plans to appeal to the Second Circuit an August ruling that squashed his suit against numerous major banks for allegedly plotting to fix interbank exchange rates, including one tied to the Japanese yen.

  • October 19, 2020

    Croatia Faces Arbitration Over Loan Currency Conversion

    Croatia has been hit with an investment treaty claim by a Hungarian bank that alleges it is owed some $35 million after the country forced the conversion of loans issued in Swiss francs to euros, the bank said on Monday.

  • October 19, 2020

    Facebook Fights UK Deal Restrictions During Giphy Probe

    Facebook argued Monday that restrictions imposed by the U.K.'s antitrust enforcers while investigating its purchase of Giphy Inc. are heavy-handed and should be loosened.

  • October 19, 2020

    Investors, Commerzbank Employee Reach Deal In €30M Suit

    An Italian pension fund and a Luxembourg investment fund have agreed that an employee of the London unit of Commerzbank wasn't liable for their losses in connection with €30 million ($35.4 million) in investment notes, resolving part of the litigation.

  • October 19, 2020

    Ex-Oil Traders Again Told To Face Sprawling Fraud Suit In UK

    More than five years after ordering two former oil traders to face a massive fraud lawsuit in the English courts, a London judge again reached the same conclusion Monday after finding the men were in a position to exercise control over the business. 

  • October 19, 2020

    Antitrust Trial Over Visa, Mastercard ATM Policies Delayed

    ATM operator Euronet agreed Monday to push back a London trial on its antitrust claims seeking hundreds of millions of dollars from Visa and Mastercard over their fee policies to 2023, after a judge said the initial timetable was too tight.

  • October 19, 2020

    Greek Bank Defends Insurance Settlement In Tanker Row

    Counsel for a Greek lender told a London judge at trial on Monday that the owners of a wrecked oil tanker owe millions in unpaid loans after the lender tried to recover as much as it can from the vessel's insurers.

  • October 19, 2020

    Investment Consultant Sues To Keep €40M Fight In England

    A London-based investment consultancy has said that a dispute brought by its Italian client over the loss of €40 million ($47 million) in badly performing investments during the coronavirus pandemic should be decided in an English court.

  • October 19, 2020

    Advisors Hover Over Helicopter Maker For $185M Deal Fee

    British financial adviser BLMS Capital has hit Kopter Group with a $2.4 million lawsuit, claiming the Swiss helicopter manufacturer reneged on a deal to pay a fee for capital-raising work that led to the young company being acquired for $185 million.

  • October 19, 2020

    Allianz Settles Out Of £3.6M Tower Block Repairs Suit

    Allianz has settled a retail investor's £3.6 million ($4.7 million) lawsuit in London that sought to claw back the cost of repairs to a 16-story residential tower block.

  • October 16, 2020

    Phillips 66 Misleading Court In Sanctions Bid, Insurer Says

    German insurer HDI Global SE has told the Second Circuit that Phillips 66 made a misleading attempt to play victim with a sanctions motion that tries to paint a reasonable appeal as "delaying the inevitable" payment of a $44 million arbitration award.

  • October 16, 2020

    Forcing UK Attys To Reveal Fees Gets Results, Agency Says

    More than a year after a new rule began requiring U.K. lawyers to publish common pricing information online, fewer consumers think hiring an attorney is out of their price range, new research shows.

  • October 16, 2020

    6 Questions For White & Case's Dipen Sabharwal QC

    Dipen Sabharwal QC, a partner in White & Case's international arbitration practice, talks to Law360 about international law, the rise and rise of investor-state arbitrations and the impact of COVID-19 on the legal industry.

  • October 16, 2020

    Who Objected To $2B In Cum-Ex Trades? Not The Lawyers​

    Something's rotten in the state of Denmark's tax collection, and authorities blame a London banker turned Dubai-based hedge fund manager. But in an exclusive with Law360, the accused trader says he merely exploited a perfectly legal loophole in the tax system.

  • October 16, 2020

    Top UK Court Sets Lower Bar For Prosecutors In Farm Case

    The U.K.'s top court ruled Friday that prosecutors do not have to prove a poultry farm acted negligently to prove criminal animal welfare charges, setting an easier burden of proof for the government to clear.  

  • October 16, 2020

    Apple Loses 1st Battle In War To Invalidate 3G, 4G Patents

    A London judge on Friday found that Apple Inc. infringed a valid and essential patent for 3G and 4G wireless devices in the first of six trials in multi-patent litigation brought by subsidiaries of patent manager PanOptis.

  • October 16, 2020

    Russian Oligarch Loses Bid To Prosecute Bitter Rival In UK

    A London judge on Friday rejected an attempt by Russian oligarch Oleg Deripaska to prosecute his former business partner in the English courts for allegedly perverting the course of justice, finding there is no realistic prospect of challenging the decision by the U.K.'s top public prosecutor to dismiss the case.

  • October 16, 2020

    Banks May Keep Borrowers' Salary As Security, ECJ Says

    European banks cannot force consumers to deposit their entire salary into a savings account for favorable loan terms — but they can hold part of a worker's salary for up to a decade, the European Union's top court has ruled.

  • October 16, 2020

    Puerto Rican Bank Seeks Early Win In PDVSA Loan Suit

    A Puerto Rican bank told a London judge Friday that Petróleos De Venezuela SA cannot rely on U.S. sanctions to avoid paying £29.2 million ($37.7 million) allegedly due under two loans.

  • October 16, 2020

    Drink Maker Sues Chinese Bank For 'Fraudulent' £20M Deal

    A producer of health drinks has sued the Shanghai Commercial & Savings Bank after a business development manager at the lender allegedly arranged a fraudulent £20 million ($26 million) investment that cost the company a sponsorship deal with tennis star Andy Murray.

  • October 16, 2020

    Credit Suisse Sued For £12.7M Over COVID-Crash Margin Call

    A family trading firm has sued Credit Suisse for £12.7 million ($16.4 million) for allegedly refusing to accept additional collateral to support its leveraged debt during the market crash sparked by the pandemic, forcing it to liquidate its share portfolio at a "severely depressed price."

  • October 16, 2020

    UK Litigation Roundup: Here's What You Missed In London

    This week in London has seen Societe Generale become the latest big bank to face a suit from a major Dutch housing group, credit reporting giant Experian target Zurich, and the British music copyright collective face an intellectual property claim. Here, Law360 looks at those and other new claims in the U.K.

  • October 16, 2020

    Dechert Sued For £15M Over Torture Claim During UAE Probe

    A former judicial official of the United Arab Emirates has sued Dechert LLP and its outgoing head of white collar crime in London for more than £15 million ($19.4 million) after he was allegedly tortured and abused during the law firm's fraud investigation into an emirate's sovereign wealth fund.

  • October 15, 2020

    Eni Gets Green Light In Nigeria Offshore Oil Block Doc Bid

    Italian energy giant Eni was given the green light Thursday to subpoena asset recovery and litigation finance companies that it has accused of being involved in a shady deal to fund litigation in Italy relating to an allegedly corrupt Nigerian offshore oil deal.

Expert Analysis

  • 2 High Court Cases Highlight Comity Principles

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    High Court decisions in National Bank of Kazakhstan v. Bank of New York Mellon and Riverrock Securities v. Bank of St. Petersburg serve as a useful reminder that the principle of comity may require English courts to exercise judicial restraint, even where their assistance has been sought by foreign courts, say Egishe Dzhazoyan and Kabir Bhalla at King & Spalding.

  • Nigerian Oil Spill Ruling Shows Limits Of UK Class Actions

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    The High Court of Justice of England and Wales recently required thousands of Nigerians suing Shell in London over an oil spill to provide individual evidence of damage and individual defenses in Jalla v. Shell, illustrating how U.K. class action claimants must truly have a common interest, say attorneys at Signature Litigation.

  • Court Support For Mediation Refusal Is Diminishing

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    In light of the increasing prevalence of alternative dispute resolution methods and the surge of post-pandemic litigation, parties can no longer rely on the perceived strength of their case as an excuse to avoid mediation, says Russell Strong at Zaiwalla & Co.

  • Is It Better To Face Prosecution In The US Or UK?

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    A Unaoil executive's recent decision to plead guilty to Foreign Corrupt Practices Act violations in the U.S. rather than facing bribery prosecution in the U.K. highlights strategic considerations for individuals facing criminal charges in multiple jurisdictions, says Joshua Ray at Rahman Ravelli.

  • Key Points From New Blockchain Legal Guidance

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    Mark Dawkins and Jenny Arlington at Akin Gump analyze the Law Society and Tech London Advocates' recent guidance on blockchain, smart legal contracts, crypto assets and other advanced technologies, and explain why legal practitioners should familiarize themselves with it.

  • Leveraged Trading, Margin Calls And The 'Retail Client'

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    A rise in margin losses due to pandemic-related market turbulence could lead to disputes in the context of leveraged trading products, and retail investors involved in such disputes should pay particular attention to recent additions to the Financial Conduct Authority Handbook, says Katherine Harper at Forsters.

  • UK Top Court Ruling May Be Problematic For Global SEP Suits

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    There are several reasons to question the wisdom of the U.K. Supreme Court's recent ruling that English judges have the power to set extraterritorial licensing royalty rates for standard-essential patents, including that it encourages forum shopping, says Thomas Cotter at the University of Minnesota Law School.

  • Why Damages-Based Agreements Aren't More Popular

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    Although the U.S. contingency fee model may seem attractive, similar fee structures in the U.K. risk being deemed unenforceable based on any alleged noncompliance with the establishing statutes, as a recent High Court of Justice case shows, says Andy Ellis at Practico.

  • Creditors Welcome UK Supreme Court's Reflective Loss Decision

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    The U.K. Supreme Court's recent Sevilleja v. Marex decision benefits creditors and other stakeholders by excluding their claims from the reflective loss principle, which precludes third-party complaints that merely reflect company loss, say Robert Fidoe and Jack Moulder at Watson Farley.

  • Challenging The Use Of Anchor Defendants In UK Litigation

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    With the merits test for anchor defendants in U.K. litigation involving European Union defendants back before the English courts this summer, the London High Court's recent decision in Tsareva v. Ananyev provides useful precedent for jurisdictional challenges to anchor defendants' inclusion, say Egishe Dzhazoyan and Kateryna Frolova at King & Spalding.

  • How Credit Card Fee Antitrust Cases Fare In UK Versus US

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    When compared with the U.S. Supreme Court’s Ohio v. American Express opinion, two recent U.K. Supreme Court rulings holding that credit card companies' payment schemes violated antitrust law suggest that corporations operating two-sided platforms are much more likely to win an antitrust case in the U.S., say Allison Gorsuch and Lauren Weinstein at MoloLamken.

  • LCIA's 2020 Rules Play Catch-Up With Venue Rivals

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    The London Court of International Arbitration's 2020 rules governing its processes and procedures include welcome improvements in the technological space, but may merely mimic what is already happening in tribunals across the globe, says Shantanu Majumdar at Radcliffe Chambers.

  • UK Ruling Shows Global SEP Enforcement Dilemma

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    The U.K. Supreme Court's recent ruling that U.K. judges have the power to set extraterritorial licensing royalty rates for standard-essential patents highlights a problem with global patent enforcement coordination and efficiency that could potentially be solved through the Patent Cooperation Treaty, says Roya Ghafele at Oxfirst.

  • Opinion

    German Facebook Antitrust Ruling Should Prompt FTC Action

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    Following the German high court's recent holding that Facebook abuses its market dominance through data collection, the Federal Trade Commission should increase the severity of sanctions for user data exploitation in anticipation of potential U.S. antitrust violations, says Garrick Josephs at Wilson Elser.

  • Wirecard Class Action Raises Regulator Immunity Questions

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    Investors in German payment processor Wirecard are suing the German Federal Financial Supervisory Authority, calling attention to whether allegations of gross failings can overcome regulator immunity, say Anna Battams and Isobel McNaught at Collyer Bristow.

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