Walker Review | The In-House Lawyer

Legal Briefing

Sir David Walker published his final review of corporate governance in banks and other financial institutions on 26 November 2009 (the Review). This followed a period of consultation based on initial draft recommendations that were announced in July 2009. While the Review’s final recommendations do not depart hugely from the July draft proposals, the consultation …

Middle East Construction in 2009: an annus horribilis | Baker & McKenzie Habib Al Mulla

Legal Briefing

Based in Dubai, Habib Al Mulla & Company has witnessed first hand the worst effects of the 2009 financial crisis. The Dubai construction market has suffered more than most and the number of construction cases through the Dubai International Arbitration Centre (DIAC) has tripled over the course of 2009. The launch of the DIFC LCIA …

Warranties and indemnities: what’s the difference? | The In-House Lawyer

Legal Briefing

The recession has seen a dramatic increase in litigation. While potential claimants frequently shy away from such action in a more buoyant economy, reasoning that the time and money involved could be better spent on other opportunities, every penny is now fought for tooth and nail. The changed economic climate increases the pressure on lawyers …

Sale and leaseback: is it a giveaway? | CMS Cameron McKenna

Legal Briefing

Sales and leasebacks of real estate remain an often used mechanism to raise capital, improve operational cash flow, and, all being well, returns on investment. They range from a simply structured transaction involving a straight sale and leaseback, often through auctions, to the most complex structures involving large multimillion-pound portfolios with complex arrangements for the …

ASEAN regional co-operation in design and patent rights | Rouse

Legal Briefing

Most members of the Association of Southeast Asian Nations (ASEAN) have enacted intellectual property (IP) laws either inherited from their colonial past or adopted later as part of a drive to modernise legislation. A shared desire to harmonise national laws in the region culminated in the adoption of the ‘ASEAN Framework Agreement on Intellectual Property …

Supervision and enforcement in the Netherlands | Boekel

Legal Briefing

The Netherlands has many different supervisory authorities, including the General Inspection Service, the Health and Safety Inspectorate, the Netherlands Authority for the Financial Markets, the Netherlands Consumer Authority, De Nederlandsche Bank (the Dutch central bank), the Health Care Inspectorate, the Netherlands Competition Authority, and the Inspection Department of the Ministry of Housing, Spatial Planning and …

Divorce and the media: the courts, the pay-outs and the speculation | Schillings

Legal Briefing

The rising divorce rate and some well-publicised settlements running into tens of millions of pounds have focused attention on a growing issue in divorce cases: just how far can spouses go to obtain information about their partner’s financial affairs? Uncertainty about legal outcomes adds to the temptation for well-heeled spouses to disregard their obligation to …

Cloud computing: key issues for SMEs | SJ Berwin LLP

Legal Briefing

Although many definitions exist, broadly speaking ‘cloud computing’ is the outsourcing of specified IT functions via the internet (the cloud) to provide or receive services that would otherwise only be available if the end user had installed the appropriate hardware and/or software on desktops, or on local networks controlled by that organisation itself. Such services …