Article"A Question Of Trust": Some Thoughts On The SRA's ConsultationOne aspect of this has been the SRA's "Question of Trust" campaign, which ran from September 2015 to January 2016.United KingdomLaw Department PerformanceClyde & Co
ArticlePrivilege And Evidence Gathering: Where Are The Courts Drawing The Line?Recent court decisions examine the boundaries of legal professional privilege, the legitimacy of evidence-gathering through private investigators, and the serious consequences of covert operations targeting opposing counsel. These cases reveal how courts balance the need for robust investigation against the fundamental requirement to protect the integrity of litigation processes. United KingdomLitigation, Mediation & Arbitration
ArticleAnnual NYU Conference On Labor & Employment LawOn June 9-10, NYU hosted its 77th annual conference on Labor & Employment Law, a non-partisan forum for stakeholders and experts to discuss current labor and employment policy and law.United StatesEmployment and HRDuane Morris LLP
ArticleStatutory Dreams Or Equitable Nightmares: A Trifecta Of Cases Before The Supreme Court Threaten The FTC's Enforcement AuthorityIn recent days, the ghost of cases past returns to haunt the FTC's ability to obtain equitable monetary relief under Section 13(b) of the FTC Act. United StatesMedia, Telecoms, IT, EntertainmentVenable LLP
Article2012 Developments in Professional Indemnity2012 saw the introduction of legislation requiring certain professionals to hold professional indemnity insurance.AustraliaInsuranceDLA Piper Australia
ArticleLawyers should stay within the scope of the retainer to avoid professional indemnity claimsLawyers should maintain a written retainer, and pro bono legal work must be done to the same high standard as paid work.AustraliaInsuranceColin Biggers & Paisley
ArticleEmployment Appeal Tribunal Considers When Privilege Applies To Communications Via An Agent And To Documents Evidencing Legal AdviceA recent Employment Appeal Tribunal decision contains an interesting discussion of some difficult issues relating to legal professional privilege: Moving Brands Ltd v Heinl [2023] EAT 34.United KingdomEmployment and HRHerbert Smith Freehills Kramer LLP
ArticleDivorce Costs In 2026 - What You Need To KnowDivorce in the UK is often described as "no fault" and more straightforward than it used to be, but cost remains a major concern in 2026. This comprehensive guide examines the main elements that influence divorce costs in the UK, from court fees and solicitor charges to property valuations and pension reports. Understanding what drives expenses and how to manage them effectively can help separating couples navigate the financial realities of divorce while minimizing unnecessary costs. United KingdomFamily and MatrimonialTaylor Rose
ArticleIt Is Our Privilege To Serve – Thoughts On The Law Of Privilege In CanadaPrivilege protects certain information and communication from disclosure. In-house counsel – as legal and business advisers to a company – must understand the limitationsCanadaLitigation, Mediation & ArbitrationSmart & Biggar
ArticleGuidance For Insurers Seeking Joinder In Liability ProceedingsIn a recent decision of the English High Court, Managed Legal Solutions v Hanison (trading as Fortitude Law) & Anor [2025] EWHC 2645 (Comm)...IrelandInsuranceDillon Eustace
ArticleClimate Change: Is It A Legal Issue?Climate change regularly grabs the headlines, but are solicitors obliged to consider its impacts for property ownership as part of their advice to buyers and lenders? Julie Vaughan...United KingdomEnvironmentHerbert Smith Freehills Kramer LLP
ArticleInadvertent Disclosure Of Privileged DocumentsOne party inadvertently sends to the other side in litigation a privileged document. What should they (and the person who receives it) do? United KingdomLitigation, Mediation & ArbitrationClyde & Co
ArticleThe Queensland Court of Appeal straightens the record on whether privilege extends to a solicitor's file note containing expert evidenceLawyers and experts should not assume that all documents and communications are protected by legal professional privilege. AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleEDDIE MICHAEL AWAD & ANOR v TWIN CREEK PROPERTIES PTY LTD [2011] NSWSC 923This case provides more guidance on how responsibility is apportioned between wrongdoers in a property transaction. AustraliaReal Estate and ConstructionDLA Piper Australia
ArticleCommon Interest Privilege: A New Tool In The Litigation BasketIn a recent decision, the Federal Court of Appeal confirmed that common interest privilege ("CIP") is a principle of Canadian law.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleScope of Duty - The Decision in Football LeagueIn a decision to be welcomed by professionals and their insurers, the Court in the Football League Ltd v edge ellison took a narrow approach to the scope of duty, confirming that there is no such thing as a general retainer and that only in limited circumstances will a solicitor’s duties go beyond the express terms of his retainer. The decision also evidences a continued willingness seriously to curtail the circumstances in which a solicitor will bear responsibility for business decisions reacheUnited KingdomInsuranceBarlow Lyde & Gilbert LLP
ArticleRecent Court Of Appeal Decision On The Duty To WarnClients engage solicitors to obtain advice that is legally precise and commercially realistic. However, there is a tension between the need for accurate guidance ...United KingdomLitigation, Mediation & ArbitrationClyde & Co
ArticleSupreme Court On Section 101 Patent Eligibility: Thanks But No ThanksThe U.S. Supreme Court conferred on two patent eligibility cases last week. United StatesIntellectual PropertyHolland & Knight
ArticleClass Members Found To Waive Solicitor-Client PrivilegeA recent Ontario decision by Justice Perell has analyzed when class members will have waived privilege over solicitor-client communications. CanadaLitigation, Mediation & ArbitrationOsler, Hoskin & Harcourt LLP
ArticlePrivilege Protocols As A Legal Imperative: Implications Of Lamarche V. British Columbia (Securities Commission) For RegulatorsThe British Columbia Court of Appeal's decision in Lamarche v. British Columbia (Securities Commission) highlights the critical importance...CanadaLitigation, Mediation & ArbitrationOsler, Hoskin & Harcourt LLP