In an important ruling arising out of a disputed public procurement process, the Supreme Court of Canada has unanimously rejected the doctrine of fundamental breach, substituting a three-stage test of the enforceability of an exclusion-of-liability clause that considers (i) whether the clause actually applies to the type of breach that is alleged, (ii) unconscionability, and (iii) public policy.

The Senate Committee on Banking, Housing and Urban Affairs considered testimony on a 24x7x365 real-time gross settlement system ("FedNow").

The NSWPIC determined that the driver who was injured in a road rage incident, did so in the course of his employment.

In the recently-decided Cherry Community Organization v. City of Charlotte, the North Carolina Court of Appeals determines that standing to bring a declaratory judgment action challenging...

"Dangerous driving occasioning death" and "Dangerous driving occasioning grievous bodily harm" are offences in NSW.

Quick settlements with activist hedge funds to recompose boards and adjust strategic plans have resulted in hundreds of new directors and changes to stand-alone plans in the S&P 500 over the last two years.

The past decade has seen a rapid increase in the number of managers who have raised funds to invest in other private capital managers, referred to as general partner, or GP, stakes.

In growing their businesses Canadian banks need to be conscientious in their activities.

The introduction of the Bribery Act 2010 ("the Act") is intended to provide clearer and more effective guidance to commercial organisations and replaces out of date legislation which is now over 100 years old.

Offshore wind projects imminent due to more renewable-focused outlook, cost competitiveness & fluctuations in fossil fuel markets.

The tools to connect with customers and empower them to act as brand ambassadors are at your fingertips, and more cost-effective than ever.

If you are convicted of a crime, can you contest that in a civil claim? In Vincent Friel v Dr Ian Brown [2019] CSOH 30 Lady Carmichael addressed the question of whether this would be an abuse of process

On the development of an estate, the creation of a 'building scheme' allows restrictive covenants entered into by all of the owners of properties to be mutually enforceable by and against the owners...

The U.S. Court of Appeals for the Second Circuit upheld a lower court's dismissal of a private class-action lawsuit brought under the CEA.

By passing Proposition 64, voters brought some sanity to California’s Unfair Competition Law (Business & Professions Code §§17200 <I>et seq.</I>) which had allowed individuals – including those not impacted by an alleged unfair business practice – to sue on behalf of the general public as "private attorney generals." Predictably, the unrestricted statute led to a proliferation of lawsuits alleging that unfair policies and practices in the workplace should lead to various remedies.

A key New York appellate court reversed a state court in New York City and ordered arbitration to proceed on a claim that was initially brought in court and dismissed.

According to media reports, the Congressman has agreed to comply.

On May 1, 2018, United States District Court Judge James Selna in Santa Ana, California, issued an opinion that could impact proposed guidance issued by the Commodity Futures Trading Commission ...

On 27 April 2023, applications closed for the first round of feasibility licences to be issued under the Commonwealth's new offshore electricity infrastructure (OEI) regime.