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  • Article

    Construction and building claims in Australia and beyond - a year in review

    We will provide further updates, including implications for insurers and insureds, in the next of our webinar series.
    AustraliaReal Estate and Construction
    Kennedys
    Kennedys
  • Article

    Electronic Discovery In Bermuda: A Summary

    The 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 & Arbitration
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Senate 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 Sciences
    Kennedys
    Kennedys
  • Article

    Trust Protectors: Watchdogs Or Independent Decision Makers? Part 2: Protector Consent Provisions As They Have Been Interpreted In Recent Case Law

    Ultimately, 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 Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Liens 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 Construction
    Kennedys
    Kennedys
  • Article

    The use of juries in defamation proceedings in America and Australia

    There are fundamental differences between US & Australian defamation laws. Discusses choice of judge or jury.
    AustraliaLitigation, Mediation & Arbitration
    Kennedys
    Kennedys
  • Article

    D&O insurance: Impact and risks of artificial intelligence and its use by the board of directors in decision making

    Classifications & types of AI; how corporations are using AI; implications & impacts of its use; suggested regulatory framework.
    AustraliaTechnology
    Kennedys
    Kennedys
  • Article

    Cyberinsurance 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 StatesTechnology
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Delayed diagnosis of cancer: a global overview of loss of chance claims

    In Australia, a medical negligence claimant cannot recover damages on a possible 'loss of chance' of a better outcome.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Kennedys
    Kennedys
  • Article

    The future of COVID-19 risk and regulatory enforcement: a cross-jurisdictional review

    How will the COVID-19 risk be regulated by criminal enforcement agencies in the UK, US and Australia?
    AustraliaEmployment and HR
    Kennedys
    Kennedys
  • Article

    Part 1: An Introduction To Sham And Illusory Trusts

    Whilst 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 Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    From Sustainability To Supply Chains: Rethinking Data Centre Risk In APAC

    Asia-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?
    AustraliaInsurance
    Kennedys
    Kennedys
  • Article

    The complexities of best interests decisions and the role of parents in clinical ethics committees process

    Recent case considers complexities in best interest decisions & the extent to which parents should be involved.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Kennedys
    Kennedys
  • Article

    Russia - Ukraine crisis: impact of global sanctions on shipping

    Impact of the current sanctions with a focus on those areas which might impact the global shipping and trade industry.
    AustraliaTransport
    Kennedys
    Kennedys
  • Article

    Opal 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.
    AustraliaInsurance
    Kennedys
    Kennedys
  • Article

    Coal miner decision sets precedent for assessment of physical and psychiatric damages in dust related claims

    Decision is indicative of the upward shift we have observed in awards of general damages for dust diseases.
    AustraliaConsumer Protection
    Kennedys
    Kennedys
  • Article

    The 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 Protection
    Kennedys
    Kennedys
  • Article

    Private Equity Laws And Regulation 2020

    The 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 Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    COVID-19 healthcare claims – global insights

    A panel of healthcare lawyers explored the extent of COVID-19 related claims in various jurisdictions.
    United KingdomCoronavirus (COVID-19)
    Kennedys
    Kennedys
  • Article

    Global perspectives on improving response to and prevention of harm within maternity care

    Indemnifiers have a rich source of information which can be thematically reviewed to facilitate learning from claims.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Kennedys
    Kennedys

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