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Perspective - Blog

Parliamentary 'wash up' – which Bills made it through?

Published on 31 May 2024. By Paul Joukador, Partner and Praveeta Thayalan, Knowledge Lawyer and Shahil Goodka, Trainee Solicitor

On 22 May 2024, Prime Minister Rishi Sunak announced that a General Election will take place on 4 July 2024. Parliament was then prorogued on 24 May 2024 which allowed a mere 2 days for 'wash up' - the process by which outstanding bills may be rushed through the parliamentary process.

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Perspective - Blog

The November 2023 AI safety summit and the UK's direction of travel

Published on 29 Aug 2023. By Helen Armstrong, Partner and Charles Buckworth, Partner and Joshy Thomas, Knowledge Lawyer

The government has confirmed that the UK AI safety summit will be held at Bletchley Park on 1 and 2 November 2023.

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Perspective - Blog

Telecoms supply agreement excludes "loss of profit" claim under "anticipated profits" liability exclusion (EE v Virgin Mobile)

Published on 25 Aug 2023. By Helen Armstrong, Partner and Ben Harris, Associate and Joshy Thomas, Knowledge Lawyer

In line with a number of recent cases, in EE Limited v Virgin Mobile Telecoms Limited [2023] EWHC 1989 (TCC) the courts have shown that parties generally cannot avoid clear wording contained in exclusion clauses in order to recover losses that have been expressly excluded (in this case, loss of profits).

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Perspective - Blog

Rolls-Royce entitled to hit the brakes in dispute over termination of a software services agreement (Topalsson v Rolls-Royce)

Published on 14 Aug 2023. By Helen Armstrong, Partner and Ben Harris, Associate and Joshy Thomas, Knowledge Lawyer

In Topalsson GmbH v Rolls-Royce Motor Cars Limited [2023] EWHC 1765 (TCC), the High Court has provided useful guidance on how to determine whether a software implementation timeline agreed by the parties is binding, when implementation is considered complete and in what circumstances failing to complete implementation by the contractual deadlines entitles the customer to terminate the contract.

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Perspective - Blog

A narrow escape – software services provider entitled to rely on single aggregate liability cap (Drax v Wipro)

Published on 25 Jul 2023. By Helen Armstrong, Partner and Ben Harris, Associate and Joshy Thomas, Knowledge Lawyer

When it comes to bespoke software development projects, a lot can go wrong. There's risk for the customer such as project delays, software defects, functionality issues and a lack of meeting of minds in terms of project requirements.

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Perspective - Publication

Entering the codified world – Code of Conduct for directors

Published on 03 Jul 2024. By Matthew Watson, Partner

The Institute of Directors (IoD) has recently published a consultation paper on a Code of Conduct for Directors (the Code) to assist directors in making better decisions given their increasingly "vital, complex and challenging" roles and responsibilities.

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Perspective - Publication

Lawyers Covered - June 2024

Published on 28 Jun 2024. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and James Ainsworth, Senior Associate and Dan Bryan, Associate and Karl Shortman, Associate and Aimee Talbot, Knowledge Lawyer

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the March edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - May 2024

Published on 29 May 2024. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Helen Lindup, Associate and Georgia Durham, Associate and Lauren Paterson, Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the May edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - April 2024

Published on 30 Apr 2024. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Helen Lindup, Associate and Georgia Durham, Associate and Lauren Paterson, Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the March edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - March 2024

Published on 26 Mar 2024. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Helen Lindup, Associate and Georgia Durham, Associate and Lauren Paterson, Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the March edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - February 2024

Published on 26 Feb 2024. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Helen Lindup, Associate and Georgia Durham, Associate

Lawyers continue to face a wide range of challenges, and we are here to help guide you through them. So, welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - January 2024

Published on 30 Jan 2024. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Krista Murray, Senior Associate and Scott Robins, Associate and Poppy Hay, Associate

We hope 2024 has started well for all of you. A new year but some things remain constant - lawyers continue to face a wide range of challenges, and we are here to help guide you through them. So, welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - December 2023

Published on 19 Dec 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Krista Murray, Senior Associate and Scott Robins, Associate and Poppy Hay, Associate

What could be more festive than our December edition of Lawyers Covered – so here it is, a gift from the Lawyers Liability and Regulatory Group at RPC, to all of you, our lovely readers! If you have any feedback or ideas for topics that you would like us to cover in the newsletter or in our seminars, please let us know. Happy holidays!

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Perspective - Publication

Lawyers Covered - November 2023

Published on 29 Nov 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Simon Love, Senior Associate and Jo Makin, Senior Associate

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - October 2023

Published on 31 Oct 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Simon Love, Senior Associate and Jo Makin, Senior Associate

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - September 2023

Published on 28 Sep 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Cheryl Laird, Senior Associate (Scottish Qualified) and Elizabeth Singleton, Senior Associate (Australian Qualified) and Ruth Lancaster, Associate

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - July 2023

Published on 26 Jul 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Daniel Austin, Assistant General Counsel and Cheryl Laird, Senior Associate (Scottish Qualified) and Sharon Law, Senior Associate

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - June 2023

Published on 28 Jun 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Richard Seymour, Associate and Cheryl Laird, Senior Associate (Scottish Qualified) and Cat Zakarias-Welch, Knowledge Lawyer and Sally Lord, Knowledge Lawyer

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - May 2023

Published on 30 May 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Richard Seymour, Associate and Cheryl Laird, Senior Associate (Scottish Qualified) and Cat Zakarias-Welch, Knowledge Lawyer and Sally Lord, Knowledge Lawyer

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - April 2023

Published on 02 May 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Richard Seymour, Associate and Cheryl Laird, Senior Associate (Scottish Qualified) and Cat Zakarias-Welch, Knowledge Lawyer and Sally Lord, Knowledge Lawyer

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - March 2023

Published on 27 Mar 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Richard Seymour, Associate and Cheryl Laird, Senior Associate (Scottish Qualified) and Cat Zakarias-Welch, Knowledge Lawyer and Sally Lord, Knowledge Lawyer

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - February 2023

Published on 01 Mar 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Peter Mansfield, Partner and Helen Young, Associate

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - January 2023

Published on 31 Jan 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Peter Mansfield, Partner and Helen Young, Associate

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - December 2022

Published on 21 Dec 2022. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Peter Mansfield, Partner and Helen Young, Associate

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - November 2022

Published on 29 Nov 2022. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Tina Campbell, Senior Associate and Scott Robins, Associate

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - October 2022

Published on 31 Oct 2022. By Claire Revell, Partner and Carmel Green, Partner and Daniel Charity, Associate

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - September 2022

Published on 30 Sep 2022. By Claire Revell, Partner and Carmel Green, Partner and Daniel Charity, Associate

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers' Risks in Acting for Corporate Clients Without Authority

Published on 08 Sep 2022. By Nick Bird, Partner and Georgia Durham, Associate

The recent decision in Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1687 (Ch) has highlighted the dangers for lawyers in acting for corporate clients on the instructions of a director without authority of the company. Most of the authority in this area has focused on commencement of litigation but the principles apply too to transactional matters.

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Perspective - Publication

Lawyers Covered - August 2022

Published on 30 Aug 2022. By Claire Revell, Partner and Carmel Green, Partner and Daniel Charity, Associate

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - July 2022

Published on 28 Jul 2022. By Claire Revell, Partner and Carmel Green, Partner and Aimee Talbot, Knowledge Lawyer

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Money Mirror Issue 2  - July 2022

Published on 08 Jul 2022.

Welcome to Money Mirror, RPC's new Payments & Consumer Credit publication. In our 2n edition, we take a look at the Payment Systems Regulator's first competition infringement decision, consumer credit financial promotions, the latest in Buy Now Pay Later, and access to cash.

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Perspective - Publication

Lawyers Covered - June 2022

Published on 28 Jun 2022. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Tina Campbell, Senior Associate and Aimee Talbot, Knowledge Lawyer and Graham Reid, Partner and Alifya Bharmal, Associate and George Barratt, Senior Associate

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - May 2022

Published on 26 May 2022. By Will Sefton, Partner and Head of Professional and Financial Risks and Carmel Green, Partner and Tina Campbell, Senior Associate and Aimee Talbot, Knowledge Lawyer

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - March 2022

Published on 31 Mar 2022.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Money Mirror Issue 1  - March 2022

Published on 30 Mar 2022.

Welcome to Money Mirror, RPC's new Payments & Consumer Credit publication. In our 1st edition, we take a look at interesting developments in these markets - operational resilience, Buy Now Pay Later, crypto advertising and access to cash.

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Perspective - Publication

Duties of Care to Third Parties in Tax Avoidance Schemes – Disappointment for Investors in McClean as Zacaroli, J Rejects Claims

Published on 16 Mar 2022. By Laura Stocks, Partner and Nick Bird, Partner

Mr Justice Zacaroli has now handed down his judgment in David McClean and others v Andrew Thornhill QC [2022] EWHC 457 (Ch) - a ~£40m claim by investors in a tax scheme against one of the leading tax barristers in the country. The judge dismissed the claim in its entirety holding, amongst other things that the barrister did not owe a duty of care to the investors.

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Perspective - Publication

Duties of Care to Third Parties in Tax Avoidance Schemes – Disappointment for Investors in McClean as Zacaroli, J Rejects Claims

Published on 09 Mar 2022. By Nick Bird, Partner and Laura Stocks, Partner

Mr Justice Zacaroli has now handed down his judgment in David McClean and others v Andrew Thornhill QC [2022] EWHC 457 (Ch) - a ~£40m claim by investors in a tax scheme against one of the leading tax barristers in the country. The judge dismissed the claim in its entirety holding, amongst other things that the barrister did not owe a duty of care to the investors.

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Perspective - Publication

Lawyers Covered - January 2022

Published on 31 Jan 2022.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - November 2021

Published on 30 Nov 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - July 2021

Published on 30 Oct 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - October 2021

Published on 30 Oct 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - August 2021

Published on 23 Aug 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - May 2021

Published on 25 May 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - April 2021

Published on 25 Apr 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Lawyers Covered - March 2021

Published on 24 Mar 2021.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Publication

Going Green – staying on the right side of competition law

Published on 15 May 2023. By Melanie Musgrave, Of Counsel and Leonia Chesterfield, Of Counsel

Environmental issues are high on the agenda for many consumers and businesses alike. They are also increasingly an area of focus for competition authorities around the world, including the Competition and Markets Authority (CMA), who are keen to ensure that competition law concerns do not unnecessarily prevent businesses from collaborating legitimately on environmental sustainability initiatives.

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Perspective - Blog

Letters of Credit: Fraud conquers all – if it is fraud

Published on 30 Mar 2017. By Alan Williams, Partner

The High Court decision in Petrosaudi Oil Services (Venezuela) Ltd v. Novo Banco S.A. and Others [2016] EWHC 2456 provided a useful reminder that the principle of autonomy, which provides for payments to be made under letters of credit, regardless of disputes under the underlying contract, will not be upheld if the fraud exception applies. In its decision at first instance the High Court had found that the fraud exception had applied. However, the High Court judgment was appealed. This update discusses the Court of Appeal's decision.

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Perspective - Blog

Disciplinary investigations against architects #4 - investigations panel stage

Published on 14 Apr 2020. By Sarah O'Callaghan, Senior Associate

Further to our previous three articles which provided (1) an overview of the Architect Registration Board's disciplinary process and (2) a review of the complaints stage (3) the review stage, this article explains the next stage of a disciplinary investigation against an Architect: the investigations panel stage.

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Perspective - Blog

Lead market regulator's lawsuit includes professional advisers

Published on 09 Feb 2017. By Antony Sassi, Managing Partner, Asia and Samuel Hung, Partner

In another significant development in the Securities and Futures Commission's (SFC) efforts to combat market misconduct-type activity involving listed shares in Hong Kong, the lead market regulator has commenced civil proceedings under Section 213 of the Securities and Futures Ordinance (Cap 571) in respect of China Forestry Holdings Co Ltd (in official liquidation). What makes the proceedings noteworthy is that besides naming the company and two of its directors as co-defendants, the regulator's civil complaint also names two co-sponsors and the auditor involved with the company's initial public offering (IPO) in 2009.(1)

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Perspective - Blog

Netflix files lawsuit over 'Unofficial Bridgerton Musical'

Published on 24 Aug 2022. By Ela Broderick-Basar, Associate

On 29 July, Netflix filed a lawsuit in the U.S. District Court in Washington D.C. against two TikTok stars, Abigail Barlow and Emily Bear, alleging that their Grammy-winning “The Unofficial Bridgerton Musical” project infringed the hit show's intellectual property rights.

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