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International Edition

Recent cases highlight POCA's flaws and initiate fresh approach to confiscation

Often described as draconian – frequently by judges – the confiscation regime under the Proceeds of Crime Act 2002 (POCA) has been brought into focus by the recent decisions in R v Waya [2012] and R v Ahmad & Ahmed [2012]. In these cases, the benefit initially ordered was reduced, significantly so in Ahmad – from £184m to £32m – although the case is currently subject to appeal to the Supreme Court.
5 minute read

Inside Counsel

Litigation: Statutory immunity against claims arising from third-party content online

The Communications Decency Act of 1996 (CDA) was enacted to regulate online speech, and in particular, to protect minors from patently offensive, obscene, and indecent content on the Internet.
11 minute read

International Edition

Ashurst and Taylor Wessing lead as Cattles sues PwC over audits

Ashurst and Taylor Wessing are advising on a high-profile legal battle which sees PricewaterhouseCoopers (PwC) face a billion-pound negligence claim from Cattles. Troubled Yorkshire financial services group Cattles has accused its former auditor of negligent audits in 2006 and 2007, resulting in liabilities of £1.6bn.
3 minute read

International Edition

Top Herbert Smith litigator exits for Latham as senior departures continue

Latham & Watkins has sealed the hire of top-rated Herbert Smith Freehills corporate fraud partner Simon Bushell, in the latest in a series of high-profile departures for the recently merged Anglo-Australian firm. Bushell, a specialist in large-scale international commercial litigation and founder of Herbert Smith's Russian dispute resolution practice, is top ranked for civil fraud work by Chambers and Partners.
2 minute read

Inside Counsel

Litigation: The efficacy of “don’t ask, don’t waive” standstill provisions

In late 2012, the Delaware Court of Chancery made two significant rulings on the efficacy of standstill provisions.
5 minute read

International Edition

Walker Morris takes Cobbetts team as details of DWF pre-pack deal emerge

Walker Morris has taken a 27-strong finance litigation team from Cobbetts, as full details of DWF's pre-pack acquisition of the financially stricken firm emerge. DWF has completed its acquisition of the bulk of Cobbetts' business following yesterday's appointment of KPMG as administrators.
4 minute read

International Edition

Herbert Smith adds Allens Singapore partner as exits from Links' Aussie ally continue

Herbert Smith Freehills has hired Allens partner Rod Howell in Singapore, in one of two recent partner departures from Linklaters' Australia alliance firm. Howell, who joins Herbert Smith along with senior associate Jeremy Chase, has 20 years of experience advising on financings in Asia, Australia, the UK and the US.
2 minute read

Inside Counsel

5 of the strangest lawsuits making headlines

Poisoned supermarket pizzas, a New Years possum drop and three more strange lawsuits in the news
9 minute read

Inside Counsel

DOJ revives FIRREA law in Standard & Poor’s lawsuit

An often-ignored financial reform law is getting its moment in the spotlight, thanks to a Department of Justice (DOJ) lawsuit against Standard & Poors Ratings Services (S&P).
2 minute read

Inside Counsel

Merck dealt blow in Fosamax case

Merck & Co. has had a good run so far as it fights off plaintiffs saying the companys osteoporosis drug Fosamax caused them health problemsclaiming victory in five of the seven bellwether cases to go to trial.
7 minute read

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