31-40 of 358 results
Terminating M&A deals for material adverse change
In October 2024, the English Commercial Court delivered an important decision in BM Brazil concerning the ability of a buyer to rely on a material adverse change (MAC) condition to terminate an M&A deal. ...
High Court decision confirms relevance of repairs in assessing damages for defective goods
The High Court yesterday delivered judgment in two appeals from decisions of the Full Federal Court in Toyota v Williams (the Toyota Appeal) and Ford v Capic (the Ford Appeal), both high-profile automotive consumer class actions. ...
ASIC's New Document Production Guidelines
ASIC has released its new Document Production Guidelines, which govern how it expects electronic and hard copy records to be produced in response to compulsory notices. ...
Evolving litigation landscape: recent ESG disputes trends
In this Insight, we spotlight emerging trends, reflect on potential implications for future ESG-related disputes and provide practical guidance on both managing stakeholder expectations and mitigating the risk of litigation. ...
Tesseract v Pascale - Proportionate liability in arbitration
The High Court's recently handed-down judgment in Tesseract International Pty Ltd v Pascale Construction Pty Ltd  has significant implications for parties subject to existing arbitration agreements and considering it as a mode of dispute resolution in future contracts. ...
High Court affirms utility of disclaimers in limiting producers' duty of care
In a recent decision with ramifications for producers' and manufacturers' class action risk, the High Court has found that a sorghum seed producer, Advanta Seeds, was not liable to growers for economic loss resulting from their purchase of contaminated seed bags. ...
Your jointly proposed pecuniary penalty may not be appropriate
The decision of the Full Federal Court in the appeal of Volkswagen v ACCC is an important reminder of the court's supervisory role in approving pecuniary penalties jointly proposed by parties to a proceeding. It also reinforces an identifiable increase in the value of pecuniary penalties sought and obtained by the Australian regulators in enforcement proceedings since 2015. ...
Internal emails, multiple recipients and the question of privilege
The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...
Optus class action privilege claims rejected
The Full Federal Court has refused Optus' appeal from a Federal Court decision rejecting its legal privilege claim over a factual investigation report commissioned in response to a data breach, on the basis that Optus had not established that the report was prepared for the dominant purpose of legal ...
Linklaters Insights: Novel Coronavirus - practice guide of significant commercial and legal issues
The recent outbreak of the novel coronavirus is causing disruption across greater China and the region. This cross-practice guide from our colleagues at Linklaters highlights key issues that may affect business operations in the current environment. ...