Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

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SORT IT OUT! The English Courts Take a Step Towards Mandatory Mediation

By Julia Bihary, Charles Bishop and Dorothy Murray on Posted in Commercial Litigation, Litigation
Mediation is globally recognized as an effective dispute resolution mechanism. A trained mediator can assist apparently diametrically opposed parties in finding a resolution that avoids the time and costs of court proceedings, especially fully contested and lengthy final hearings. Over 50 countries have signed the United Nations Convention on International Settlement Agreements Resulting from Mediation … Continue Reading

Head-to-Head: Comparing Three Arbitration Regimes for US Based Asset Managers

By Julia Bihary and Alexis L. Namdar on Posted in International Arbitration, Litigation
The choice of arbitration institution can arise at any point in an investment cycle: from finalising initial agreements at fund or portfolio company level, or on an ad hoc basis when a dispute arises. To help demystify some differences – this article sets out the key features of three commonly used international arbitration regimes that … Continue Reading

From Cryptic to (Some) Clarity: English Law and Policy Rising to the Challenge of Cryptoassets (Part 3)

By Steven Baker and Julia Bihary on Posted in Commercial Litigation, Media and Technology
In the first two instalments of our series we examined the progress of English law to provide a secure and certain legal infrastructure for cryptoasset investment and management. In particular, we looked at how recent English case law has addressed the following questions: (1) Are cryptoassets property and (2) Can cryptoassets be held on trust? … Continue Reading

From Cryptic to (Some) Clarity: English Law and Policy Rising to the Challenge of Cryptoassets (Part 2)

By Julia Bihary and Steven Baker on Posted in Commercial Litigation, Media and Technology
In the first part of this series of articles, we examined the progress of English law to shape and build an infrastructure to support the development of a secure and certain environment for investment in digital assets. We considered how recent English case law has addressed the questions of whether cryptoassets are property, and whether they can … Continue Reading

From Cryptic to (Some) Clarity: English Law and Policy Rising to the Challenge of Cryptoassets (Part 1)

By Steven Baker and Julia Bihary on Posted in Commercial Litigation, Media and Technology
Sir Geoffrey Vos, the Master of the Rolls, wants English law to be at the forefront of developments relating to cryptoassets and smart contracts. In his thought-provoking foreword to the government-backed UK Jurisdictional Taskforce’s (UKJT) Legal Statement on Cryptoassets and Smart Contracts, he explained that English law should aim to provide “much needed market confidence, legal certainty … Continue Reading

Ballast in Litigation Privilege: Commercial Court Finds No Privilege in Expert’s Investigations but No Waiver of Privilege in Solicitor’s Witness Statement

By Julia Bihary and Steven Baker on Posted in Commercial Litigation, Corporate Investigations, Experts, Litigation
In the recent case of Kyla Shipping Co Ltd v Freight Trading Ltd [2022] EWHC 376 (Comm) the English Commercial Court rejected a claim to litigation privilege over preliminary investigations conducted by a party appointed expert on the basis that litigation in respect of the matter being investigated was not in reasonable prospect at the … Continue Reading

English High Court Clarifies Appropriate Causes of Action in Data Claim Where Defendant Was a Victim of Third-Party Cyber-Attack

By Steven Baker, Vishnu V. Shankar and Julia Bihary on Posted in Privacy, Privacy & Data Security
In the recent and significant Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) decision the High Court in England clarified the limited circumstances in which claims for breach of confidence, misuse of private information and the tort of negligence might be advanced by individuals for compensation for distress relating to a cyber-security breach where the proposed … Continue Reading
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