Articles in Litigation

The recent decision in the case of Our Generation Limited v Aberdeen City Council highlights the issue regarding the validity of a notice in a commercial contract

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The interpretation of commercial contract terms (including commercial leases) by the courts has long been a topic of interest with several notable reported cases in recent years (see our previous article here). The topic was recently revisited by the Inner House of the Court of Session where the validity of a notice was challenged. The decision serves as a reminder to Read More

Can an employee rely on a secret recording at a disciplinary hearing?

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Yes, held the Employment Appeal Tribunal (EAT) in the case of Phoenix House Ltd v Stockman, a covert recording by an employee during an internal meeting could be admissible in Employment Tribunals depending on the relevance of the recording. Christine Jamieson, Paralegal in our Employment team, explains the background to this case and warns employers to be aware that covert recordings could Read More

Here Today, Gone Tomorrow? Rules Changing How Endangered Species Act is Applied

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In a move seen to be helpful to business, the federal government is changing regulations related to how the Endangered Species Act is applied. The changes, announced yesterday by the Interior Department, and virtually certain to be challenged in court by environmental advocacy groups, are expected to become effective by mid-September 2019. The Interior Department’s announcement noted that the changes Read More

Increase in insolvencies reflects impact of current economic and political factors

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Latest statistics show a 20% increase in personal insolvencies in 2018/19 compared to the previous year but not up to the level of previous peaks The Scottish Government has just released the latest insolvency statistics for the period April to June 2019. These show that there has been a 20% increase in personal insolvencies since last year but current levels Read More

The Importance of Advancement in Corporate Formation and Litigation Strategy

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Advancement is a corollary to indemnification, permitting directors, officers and managers to get legal fees advanced for their defense of claims asserted against them in their corporate capacity. While indemnification requires a company to pay legal fees incurred by the director, officer or manager after he or she defeats a claim, advancement allows for payment before a decision is made regarding the claims. Most Read More

The Long Arm of Delaware’s LLC Act May Impact Your Illinois LLC’s Dissolution

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You find yourself in a situation where you want (or need) to dissolve your limited liability company. You are in Illinois. The limited liability company is a Delaware entity. How can you effectuate the dissolution and where can you do so? Limited liability company operating agreements often provide specific circumstances under which a limited liability company can be voluntarily dissolved, Read More

NEW CALIFORNIA INDEPENDENT CONTRACTOR TEST APPLIES RETROACTIVELY ACCORDING TO THE NINTH CIRCUIT

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As we have previously reported, the California Supreme Court last year set forth a revolutionary new “ABC test” for determining whether workers are properly classified as employees or independent contractors, making it dramatically more difficult for California employers to lawfully retain independent contractors. On May 2, 2019, in Vazquez v. Jan-Pro Franchising Int’l, Inc., the Ninth Circuit Court of Appeals determined Read More

Tackling discrimination by Aberdeen University Students’ Association

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Lindsays aids the further advancement of equality law in Aberdeen University Students’ Association case On the back of successfully supporting a group that was refused affiliation by the Glasgow University Students’ Representative Council earlier in the year, Lindsays’ Partner, Brent Haywood has now assisted the Aberdeen Life Ethics Society (ALES) who were also refused affiliation by the Aberdeen University Students’ Read More

Illinois Biometric Policy Law Does Not Require Proof of Actual Damages

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Attention businesses operating in Illinois: If you use a person’s “biometric” data for things like timekeeping or security, you must have a written policy under which you: (1) obtain written consent, (2) store the data confidentially and (3) destroy the data no later than three years after the last interaction with the person. If you fail to do so, you face statutory penalties Read More

Non-execs must open their eyes to insolvency risks

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This article by Brent Haywood, Partner and Solicitor Advocate in our Dispute Resolution and Litigation team, appeared in the Friends of The Scotsman on Monday 11 March. Non-executive directors are increasingly finding themselves on the receiving end of insolvency litigation. It’s therefore essential they understand the duties and liabilities they’re taking on when they join a board. Too often they don’t. There Read More