ArticleConstruction and building claims in Australia and beyond - a year in reviewWe will provide further updates, including implications for insurers and insureds, in the next of our webinar series.AustraliaReal Estate and ConstructionKennedys
ArticleElectronic Discovery In Bermuda: A SummaryThe Rules of the Supreme Court of Bermuda 1985 do not yet contain any detailed rules, practice direction, or guidance specifically dealing with electronic discovery. BermudaLitigation, Mediation & ArbitrationKennedys Law LLP
ArticleSenate inquiry into AHPRA (Australian Health Practitioner Regulation Agency)A summary of the inquiry report and some questions about the Committee's recommendations.AustraliaFood, Drugs, Healthcare, Life SciencesKennedys
ArticleTrust Protectors: Watchdogs Or Independent Decision Makers? Part 2: Protector Consent Provisions As They Have Been Interpreted In Recent Case LawUltimately, the protector's role in relation to any given trust will be determined with regard to the express terms of the trust instrument. The powers granted to a protector can be broadly categorised as "positive" powers and "veto" powers.BermudaCorporate/Commercial LawKennedys Law LLP
ArticleLiens and Priority Rights - ‘self-help' remedies for the disgruntled contractor under UAE Law?This is the second of two articles, which provide an overview of two ‘self-help' remedies available under the general law in the United Arab Emirates (UAE), for the unpaid and, no doubt, disgruntled contractor. United Arab EmiratesReal Estate and ConstructionKennedys
ArticleThe use of juries in defamation proceedings in America and AustraliaThere are fundamental differences between US & Australian defamation laws. Discusses choice of judge or jury.AustraliaLitigation, Mediation & ArbitrationKennedys
ArticleD&O insurance: Impact and risks of artificial intelligence and its use by the board of directors in decision makingClassifications & types of AI; how corporations are using AI; implications & impacts of its use; suggested regulatory framework.AustraliaTechnologyKennedys
ArticleCyberinsurance Exclusions For State-Backed Cyberattacks!My good friend Judy Greenwald reported for BusinessInsurance.com that "Lloyd's of London will require standalone cyber policies to include state-backed cyberattack exclusions beginning in March 2023...United StatesTechnologyFoley & Lardner LLP
ArticleDelayed diagnosis of cancer: a global overview of loss of chance claimsIn Australia, a medical negligence claimant cannot recover damages on a possible 'loss of chance' of a better outcome.AustraliaFood, Drugs, Healthcare, Life SciencesKennedys
ArticleThe future of COVID-19 risk and regulatory enforcement: a cross-jurisdictional reviewHow will the COVID-19 risk be regulated by criminal enforcement agencies in the UK, US and Australia?AustraliaEmployment and HRKennedys
ArticlePart 1: An Introduction To Sham And Illusory TrustsWhilst both will give rise to a finding that a trust is invalid, sham trusts and illusory trusts are two very different beasts, as noted by the New Zealand Supreme Court:BermudaCorporate/Commercial LawKennedys Law LLP
ArticleFrom Sustainability To Supply Chains: Rethinking Data Centre Risk In APACAsia-Pacific data centre expansion is creating unprecedented insurance challenges as rapid infrastructure growth strains regional water and power resources. Could intensive resource consumption by data centres generate environmental liability claims from affected communities and regulators? And are traditional property insurance models adequately capturing the contingent business interruption risks created by concentrated digital infrastructure dependencies? AustraliaInsuranceKennedys
ArticleThe complexities of best interests decisions and the role of parents in clinical ethics committees processRecent case considers complexities in best interest decisions & the extent to which parents should be involved.AustraliaFood, Drugs, Healthcare, Life SciencesKennedys
ArticleRussia - Ukraine crisis: impact of global sanctions on shippingImpact of the current sanctions with a focus on those areas which might impact the global shipping and trade industry.AustraliaTransportKennedys
ArticleOpal Tower defects liability case – Who can sue (and under what insurance policy)?Issues of dual insurance, when a non-contracting party may be an insured, and who may claim for a loss.AustraliaInsuranceKennedys
ArticleCoal miner decision sets precedent for assessment of physical and psychiatric damages in dust related claimsDecision is indicative of the upward shift we have observed in awards of general damages for dust diseases. AustraliaConsumer ProtectionKennedys
ArticleThe regulator crack-down: will it all come out in the greenwash?Regulatory authorities in Australia have begun to crack down on the practice of greenwashing. Greenwashing explained.AustraliaConsumer ProtectionKennedys
ArticlePrivate Equity Laws And Regulation 2020The chapter provides a helpful overview of Bermuda's laws and regulations relevant to private equity transactions, as well as on the private equity structures typically employed in Bermuda transactions and the attractiveness of Bermuda as a jurisdiction for the same.BermudaCorporate/Commercial LawKennedys Law LLP
ArticleCOVID-19 healthcare claims – global insightsA panel of healthcare lawyers explored the extent of COVID-19 related claims in various jurisdictions.United KingdomCoronavirus (COVID-19)Kennedys
ArticleGlobal perspectives on improving response to and prevention of harm within maternity careIndemnifiers have a rich source of information which can be thematically reviewed to facilitate learning from claims.AustraliaFood, Drugs, Healthcare, Life SciencesKennedys