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The Court of Appeal in Northern Ireland, in the case of Henry Brothers (Magherafelt) Ltd & Ors v Department of Education for Northern Ireland [2011] NICA 59, decided that the High Court was correct in setting aside a framework agreement entered into by the Department of Education for Northern Ireland following breaches of the public procurement rules.

A High Court judge examines whether adverse costs orders should be made following an unsuccessful Early Neutral Evaluation in an employment dispute, where the defendant advanced an unpleaded argument that caused the ENE to be adjourned part-heard. The decision explores the tension between encouraging ADR participation and maintaining proper litigation conduct standards.

On 12 February 2018, in line with its stated commitment to increased transparency, the LCIA published on its website, 32 anonymised excerpts of decisions made following challenges...

Many standard terms and conditions contain arbitration clauses. As the recent case of Mylcrist Builders Limited v Mrs G Buck [2008] EWHC 2172 (TCC) which came before Mr Justice Ramsay demonstrates, when dealing with consumers, care must be taken to ensure that the implications of that arbitration clause are properly explained.

Interserve Industrial Services Ltd v Cleveland Bridge UK Ltd was an adjudication enforcement case heard before Mr Justice Jackson. The parties were engaged on works to refurbish and strengthen the Tinsley viaduct. Disputes arose and there were a series of adjudications carried out in accordance with the CIC Model Adjudication procedure.

In the case of University of Brighton v Dovehouse Interiors Ltd, [2014] EWCA 940 (TCC), the Hon Mrs Justice Carr DBE had to consider issues relating to the "Conclusiveness" of a Final Certificate where Notice of Adjudication refers to the wrong Adjudicator Nominating Body and was served on the wrong address.

The right of a successful party to his costs in arbitrations governed by the UK 1996 Arbitration Act is provided by sections 59–65.

The case of Construction Partnership UK Ltd v Leek Developments Ltd provides useful practical guidance as to how you can serve notices. This can often be of crucial importance. For example, here the question for the Judge was whether service by fax of a default notice was adequate or not. If it was not, then the subsequent termination of the contract would have been invalid.

本报告对总部位于硅谷的公司在 2018 年第一季度完成的 200 宗风险融资的条款进行了分析

On December 22, 2015, the Federal Circuit Court of Appeals, sitting en banc, held that the Lanham Act's exclusion of "disparaging" trademarks from registration violated the First Amendment and is unconstitutional.

On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses to more than 700 businesses.

The National Labor Relations Board ("NLRB") ruled last month that an employer's termination of non-unionized employees who had appeared on a television newscast wearing their uniforms while making disparaging statements about the employer violated the National Labor Relations Act ("NLRA").

California lawmakers have proposed legislation mandating that public companies headquartered in the state appoint board members from underrepresented communities.

Welcome to the latest edition of Fenwick and West's Securities Litigation and Enforcement Newsletter.

It is often difficult to get a court to dismiss an employment discrimination case prior to trial due to the number of critical facts involved that generally require resolution by a jury, including the employer's motivating reasons for the adverse employment action.

On November 17, 2020, the U.S. Securities and Exchange Commission issued a release adopting rule amendments to permit the use of electronic signatures in connection with electronic filings...

The California Supreme Court recently concluded that the "at will" doctrine is alive and well in California.

In Mokler v. County of Orange, a California Court of Appeal held there was sufficient evidence to support a plaintiff’s retaliatory dismissal claim, but rejected her sexual harassment claim as not being sufficiently severe or pervasive to alter the conditions of her employment.