Summer 2010

This issue focuses on the long arm of US jurisdiction.

• "Foreign-Cubed" Jurisdiction: Richard Hans, the Chair of our New York Litigation Practice Group, and John J Clarke, Jr a New York litigation partner, report on Morrison v  National Australia Bank, a closely watched case in which the Supreme Court will now consider whether to extend the extraterritorial jurisdiction of US federal securities laws to claims by foreign investors in foreign corporations on overseas exchanges where alleged securities fraud occurred outside the United States;
• FCPA: In a piece by New York senior associate, Kiera Gans, we learn of recent developments which raise the stakes for enforcement of the Foreign Corrupt Practice Act through a proposed whistleblower "bounty" program now being considered in Congress for "whistle blowers" in such cases;
• Attachment of Foreign Bank Accounts: Finally, senior New York associate, J P Duffy, writes of a recent matter in which he successfully defended an attempt to attach property located outside the physical boundaries of New York state.

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This publication has been created to keep you up to date with recent changes and developments (and frequently forgotten core principles), which may cause you to change your corporate behaviour, and to bring to your attention any legal issues to which your business may be vulnerable. Contents:

• "Subject to contract" but starting work? Watch out, you might end up with a contract!
• Know your e-disclosure: update
• Banks need to balance competing duties in making Suspicious Activity Reports
• Consumer credit - claims management companies fail to rock the boat
• Pensions Ombudsman may not consider stale claims where courts can't
• Contract construction: main contractor cannot rely on "pay when paid" clause - strict construction by analogy with exclusion clauses
• Claim for damages under Data Protection Act fails, with libel claim
• Summaries of recent developments: worldwide freezing orders - edisclosure - Part 36 Offers - without prejudice privilege

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The UK's Market Abuse regime has seen a flurry of recent activity.  The Financial Services Authority has been seen to take action against a wide range of people in the criminal courts and through the civil regime introduced in the Financial Services and Markets Act 2000. 

The civil regime has also seen two important decisions - one in the Court of Appeal and one in the European Court of Justice. Both confirmed, from their different contexts, the point made by the Financial Services Authority (and earlier in Parliament) that market abuse can be committed without the person concerned having intended the abuse. However, both also confirmed that mere trading and an abusive impact are insufficient in themselves. A more detailed analysis is always needed.

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InSure May 2010

This month's roundup of developments affecting the insurance industry sees the Financial Services Bill and the Bribery Bill receiving royal assent, the application of Solvency II possibly postponed, insurers paying out record amounts in claims during 2009, ....

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Spring 2010

Key issues covered in this edition include:

• European Commission decides on anti-competitive practices in the insurance industry;
• Court of Appeal overrules Commercial Court on without prejudice privilege;
• New opportunities for insurers;
• The Financial Services Act 2010;
• Asbestos update – pleural plaques.

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Nicholas G Jones v (1) Environcom Limited; (2) Environcom England Limited and MS Plc [2010] EWHC 759 (Comm)

In this case the Commercial Court ruled that an insurance broker must satisfy himself that a client fully understands his duty of disclosure. The judgment said that a broker could not simply rely on providing standard form explanations to the insured even though the insured had reviewed and signed a number of warnings and explanations that made reference to the duty of disclosure.