| 1 | Cross-border recognition issues in corporate recovery and ... This is a practice note on the recognition of restructuring and insolvency proceedings across different jurisdictions. It discusses why such recognition may be crucial to the success of formal corporate restructuring and insolvency processes (such as schemes of arrangement, CVAs and administrations). It also details the principal considerations when seeking recognition and provides an overview of the main legal regimes governing the recognition of UK insolvency proceedings abroad, and the recognition of foreign proceedings in the UK. | Practice notes | Maintained |
| 2 | Current trends in insolvency and restructuring: Part 2: Cross ... | Articles | 09-Jun-2009 |
| 3 | Derivative claims in the US and the UK: the story so far Since February 2007, a number of derivative claims have been filed in the US. Although there have been numerous predictions that a similar volume of derivative claims will be brought in the UK as a result of the current financial conditions, these predictions have not yet been fulfilled. | Legal update: archive | 20-Mar-2009 |
| 4 | Developments in US product liability law and the issues ... This article provides an overview of the product liability exposure of foreign manufacturers in the US. It considers the relevant substantive law, providing analysis of the tactics used by claimants against foreign corporates, and discussing the ways in which foreign manufacturers can minimise their exposure. This article is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg. | Articles | 01-Mar-2012 |
| 5 | English scheme of arrangement: useful for a Spanish ... On 26 May 2010, the High Court sanctioned the first ever English scheme of arrangement undertaken by a Spanish company. Schemes have become a popular tool in large restructurings, and are increasingly being considered by European companies that have a connection to the UK, due to the lack of a local equivalent that would enable them successfully to restructure their debt without the unanimous consent of their creditors. | Articles | 30-Jun-2010 |
| 6 | Green litigation: growing beyond the US? This article outlines the legal basis on which complaints and claims against greenwashing companies can be brought in the US and the UK, and considers recent and prospective developments in both jurisdictions. | Articles | 09-Sep-2009 |
| 7 | Guarantees and indemnities This practice note examines legal and drafting issues relating to guarantees and indemnities where the obligations of a third party are guaranteed and/or indemnified. This practice note considers the legal distinctions between primary obligations (indemnities, performance guarantees, performance bonds) and secondary obligations (guarantees). It provides an overview of relevant contractual issues relating to guarantees and indemnities (the statute of frauds, capacity) as well as legal issues (undue influence, duress, role of directors). It also provides links to our more detailed content on performance bonds, payment guarantees, comfort letters and our standard form guarantees and indemnities. | Practice note: overview | Maintained |
| 8 | Issues in transatlantic litigation This note address the issues that arise when it is possible for a party to bring proceedings in the courts of England and Wales, or the US. The note: Considers the key procedural differences between English and US litigation. Identifies major differences in the substantive laws of the two jurisdictions. Discusses the practical issues facing litigants in transatlantic litigation. | Practice notes | Maintained |
| 9 | Legal FAQs: What is the 28th regime? A PLC Commercial "Legal FAQs" article explaining what the 28th regime is, and when you might expect to find references to it. | Legal update: archive | 30-Jun-2010 |
| 10 | Managing communications and documents This note considers the legal, regulatory and reputational risks arising from communications and all forms of document management, including: Monitoring and review. Storage and disposal of documents. Document retention periods. | Practice notes | 05-Apr-2012 |
| 11 | Managing communications: choosing a communication ... This checklist sets out the issues to consider when deciding which method of communication is most appropriate when sending a message. | Checklists | 05-Apr-2012 |
| 12 | New Corporate Crime, Fraud and Investigations multi ... PLC Cross-border has a new Corporate Crime, Fraud and Investigations multi-jurisdictional guide, which answers key questions on white-collar crime from the perspective of legal practitioners in 18 jurisdictions. | Legal update: archive | 12-Sep-2012 |
| 13 | Preventing and investigating internal fraud This note provides an analysis of common frauds and a high-level guide to conducting an internal investigation, covering key issues such as: How to handle an internal investigation. Dealing with internal communication issues. Briefing external parties (for example, regulators). | Practice notes | 01-Jun-2012 |
| 14 | Private securities litigation: issues for foreign companies An article highlighting the key issues that foreign companies listed on US exchanges face in relation to private securities litigation by US or non-US plaintiffs.This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services. | Articles | 11-Nov-2008 |
| 15 | Product liability: issues for foreign manufacturers A discussion of US product liability issues for foreign manufacturers and recent developments in the area.This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services. | Articles | 11-Nov-2008 |
| 16 | Restructuring and insolvency: time to rebuild An overview of the US bankruptcy code, including an outline of Chapters 7, 11 and 15 of the Bankruptcy Code and an overview of involuntary proceedings, creditor status in bankruptcy, and parent, director and lender liability. This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services. | Articles | 11-Nov-2008 |
| 17 | Rome I and Rome II: a summary This note considers: The Rome I Regulation on the law applicable to contractual obligations. The Rome II Regulation on the law applicable to non-contractual obligations. It summarises the background to both Regulations, their legislative history and key objectives (including the instruments which preceded their introduction, namely the Rome Convention on the law applicable to contractual obligations and the Private International Law (Miscellaneous Provisions) Act 1995). | Practice notes | Maintained |
| 18 | Secondary market liability in Canada: securities class actions All Canadian provinces and territories have recently amended their securities statutes to contain provisions that create civil liability for secondary market misrepresentation. Investors that purchase an issuer's securities on the secondary market may now bring claims for misrepresentation and failure to make timely disclosure of a material change. As a result, there has been a marked increase in the number of securities class actions in Canada. This article provides: an overview of the policy rationale behind the new statutory regime; an examination of the regime's key features; and an analysis of the case law that has developed around the provisions so far. This article is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg. | Articles | 01-Mar-2012 |
| 19 | Seeking a reference to the ECJ This note explains what the Court of Justice of the European Union (formerly known as the European Court of Justice (ECJ)) is, why a reference would be made to it and who can make a reference. The note gives examples of questions which might be referred to the ECJ and sets out a brief summary of the procedure to be followed and the effect of a ruling by the ECJ on the question referred. | Practice notes | Maintained |
| 20 | The Gulf of Mexico oil spill: consequences for the oil and gas ... This article examines the legal and commercial consequences of the 2010 BP Gulf of Mexico oil spill and considers how the future of the global oil and gas industry might be shaped as a result. | Articles | 15-Feb-2011 |
| 21 | The UK-US extradition regime: beware the risks The simplification of extradition arrangements from the UK to the US, coupled with the growing willingness of US prosecutors to exert long-arm jurisdiction, has significantly increased the extradition risks UK executives face when doing business in the US. This article sets out some of the steps that UK companies and their executives can take to minimise these risks as well as some of the proposals for reform of the UK regime. | Articles | 05-May-2006 |
| 22 | Trusts in commercial transactions The trust is widely admired and recognised in many jurisdictions around the world. Although primarily used by individuals, they also have a wide variety of applications in a commercial context. This practice note provides an introduction to trusts and trustees and considers some commercial applications of trusts. | Practice notes | Maintained |
| 23 | US litigation risk: recent developments An examination of recent developments that affect US litigation risk for non-US businesses.This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services. | Articles | 11-Nov-2008 |