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Jones Day

UK Supreme Court Holds Post-Sale Confusion is Relevant for Establishing Trade Mark Infringement

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The Court ruled that the post-sale context can be relevant when establishing similarity between trade marks....more

King & Spalding

What is ‘Gender’ Under the Equality Act? Landmark Ruling – but Controversy Continues.

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Landmark Ruling on Gender – What Should Employers do Now? In a major ruling, the UK’s Supreme Court has held that ‘sex’ under the UK Equality Act means biological (birth) sex. This is regardless of whether an individual has...more

Jones Day

SkyKick v Sky: UK Supreme Court Confronts Bad Faith in Trade Mark Applications

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The UK Supreme Court has issued a landmark judgment dealing with specific bad faith considerations for trade marks....more

Morrison & Foerster LLP

UK Supreme Court Ruling: Sky Falls in Pivotal Trade Mark Battle with SkyKick

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The wait is over! The UK Supreme Court has handed down its judgment in the closely followed and long-running litigation between Sky, the well-known television and broadband company, and SkyKick, a lesser-known cloud computing...more

Jones Day

UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

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In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark...more

Morrison & Foerster LLP

Drafters Beware: Key 2023 English High Court Cases That May Affect Your Commercial Contracts in 2024 and Beyond…

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Although the general principles of English contractual law did not see a dramatic overhaul in 2023, parties to commercial contracts should still be aware of a number of cases in 2023 that tweaked, clarified or confirmed areas...more

Troutman Pepper Locke

The UK Supreme Court Confirms That ‎AI Cannot Be the “Inventor” for a UK ‎Patent Application

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On 20 December 2023 the UK Supreme Court handed down its judgment in the long-running saga of the DABUS patent applications in the United Kingdom. Whilst the judgment is in essence confined to the interpretation of “inventor”...more

Cooley LLP

UK Supreme Court: Litigation Funding Agreements Are Damages-Based Agreements

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On 26 July 2023, the UK Supreme Court handed down a judgment that will cause serious disruption (at least in the short term) to the litigation funding market. In R (on the application of PACCAR Inc and others) v Competition...more

White & Case LLP

Landmark UK Supreme Court decision clarifies scope of banks’ so-called ‘Quincecare duty’

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In Philipp v Barclays Bank UK PLC, the UK Supreme Court has given unanimous judgment in favour of Barclays Bank, and provided clear guidance on the so-called ‘Quincecare duty’ owed by banks to their customers. White & Case...more

Cadwalader, Wickersham & Taft LLP

Climate Lawsuit Against Shell Directors Dismissed

On May 12, 2023, the UK High Court dismissed a lawsuit filed by ClientEarth against Shell’s Board of Directors, finding that ClientEarth failed to establish a prima facie case against the Board for its management of climate...more

Hogan Lovells

UK Class Action certification

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In the UK, since 2015, there has been a statutory class action regime allowing full opt-out or opt-in class actions for claim for breach of competition law. Competition claims require approval (or certification) before...more

Venable LLP

UK Supreme Court Issues Long-Awaited Judgment Regarding Company Directors' Duties to Creditors

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​​​​​​​In an important decision for U.S. companies with UK subsidiaries, the UK Supreme Court recently handed down its long-awaited judgment in BTI 2014 LLC v. Sequana S.A., the first case in which the UK's highest court...more

White & Case LLP

Call of Duty: Sequana and the state of directors’ duties

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Recently, the Supreme Court of the United Kingdom released its judgment in BTI 2014 LLC v Sequana SA1. This marks the first occasion on which the nature, scope and content of directors' duties to creditors when a company is...more

Goodwin

Do Directors Have a Duty to Consider the Interests of Creditors Prior to Insolvency?

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On 5 October 2022, the English Supreme Court handed down its decision in BTI 2014 LLC v Sequana SA and others. This (as described by Lady Justice Arden) “momentous” decision principally concerns whether directors are under...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Supreme Court Rules in Favour of Directors in Seminal Case on Directors’ Duties in ‘Zone of Insolvency’

In what Lady Arden described as a “momentous decision for company law,” the Supreme Court of the United Kingdom has confirmed that there are circumstances in which company directors are required to consider the interests of...more

Cooley LLP

UK Supreme Court rules on whether a product is defective

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In an important judgment for manufacturers, the UK Supreme Court (‘UKSC’) in Hastings v Finsbury Orthopaedics Ltd & Another endorsed statements of principle for determining whether a product is defective for the purposes of...more

McDermott Will & Schulte

UK Supreme Court: Individuals Subject to Criminal Investigation Have Reasonable Expectation of Privacy Until Charge

On 16 February 2022, the UK Supreme Court in Bloomberg LP v ZXC [2022] UKSC 5 unanimously upheld the decisions of two lower courts that Bloomberg was wrong to publish an article identifying a US executive who was under...more

Jones Day

English High Court Confirms Narrow Approach to Assessment of Data Breach Liability

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On 31 January 2022, the English High Court delivered its judgment in Stadler v Currys Group Limited (EWHC 160 (QB)); the latest in a series of rulings which appear set to constrain the relatively nascent UK data breach claims...more

Proskauer on Privacy

UK Supreme Court Landmark Decision Limits Data Privacy Class Actions in the UK

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The UK Supreme Court handed down its much-anticipated decision in the Lloyd v Google LLC [2021] UKSC 50 case on 10 November 2021 restricting claimants’ ability to bring data privacy class actions in the UK under the (now...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Class Actions Update: Merricks Secures Uncontested CPO, But the Competition Appeal Tribunal Shows It Retains Significant Teeth...

After protracted challenges to class certification status, in Merricks v Mastercard the U.K. Competition Appeal Tribunal (CAT) granted its first collective proceedings order (CPO). The claim remains huge, comprising 46.2...more

BCLP

Claims for overseas environmental harm and human rights infringements proceed in England against UK parent companies

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Last month, the UK Supreme Court overturned the judgment of the Court of Appeal and allowed a claim for damages from claimants in the Niger Delta to proceed against Royal Dutch Shell plc and its local subsidiary Shell...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments For February 2021

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

BCLP

UK Supreme Court delivers verdict in landmark Uber case

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The Supreme Court has unanimously concluded that the Uber drivers who brought claims against Uber in 2015 are workers within employment legislation, giving them the range of rights attached to that status, such as the...more

McDermott Will & Schulte

New Limits to the UK SFO's Ability to Compel Production of Evidence from Overseas May Lead to Increase in DOJ Investigations

On February 5, 2021, in a unanimous decision, the UK Supreme Court held that the UK Serious Fraud Office (SFO) did not have the authority under Section 2(3) of the Criminal Justice Act 1987 (the 1987 Act) to compel a foreign...more

McCarter & English, LLP

UK Supreme Court Ruling Provides Sweeping Policyholder Relief For COVID-19 Business Interruption Losses

A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance...more

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