Duo of decisions reaffirming the Duomatic Principle: a closer look at the Ciban and Satyam cases
June 23, 2021
The English Cou…
Data collection and early case assessment for investigations
November 19, 2020
Data collection and analysis for investigations is very different to collection for discovery or review. This article discusses the differences; how Early Case Assessment (ECA) can assist and the benefits of using review technology …
The rooster is on the run
November 19, 2020
The pursuit of happiness has been an inalienable right, at least in the United States, since July 4, 1776 when it originated as an “unalienable” right in the Declaration of Independence …
Regulation of Virtual Asset Service Providers in the British Virgin Islands, Cayman Islands and Bermuda
October 27, 2020
There is no specific regulation on the sale of virtual assets and virtual asset services in or from within the British Virgin Islands (BVI). On July 13, 2020 …
Spotlight on eDiscovery
October 27, 2020
Many people are still confused about what electronic discovery encompasses …
BVI Limitation Periods for Foreign Law Claims
October 14, 2020
Is the limitation period determined by the rules of the foreign country, or does the relevant BVI limitation period apply? …
“You can’t manage what you don’t measure”
September 16, 2020
….so said a General Counsel in a recent discussion we had about the use of data in their legal department.
Electronic signatures and virtual meetings — the Bermuda, British Virgin Islands and Cayman Islands legal framework
September 9, 2020
The introduction globally of travel restrictions and containment measures arising from Covid-19 has significantly disrupted business, including creating logistical issues in closing corporate or financing transactions or holding board and shareholders’ meetings …
Will we see the end of Keywords in eDiscovery?
September 9, 2020
With the advances in Technology Assisted Review (TAR), it raises questions as to whether keywords still have a place in eDiscovery …
There’s no place to wind-up like home
August 19, 2020
When entertaining a jurisdictional challenge to wind-up a foreign company with no place of business in Hong Kong, is it a material concern that alternative remedies for unfair prejudice are available at the company’s place of incorporation but not in Hong Kong?
Offshore Separate Portfolio Companies in the Family Office and Private Client World
August 10, 2020
SPCs and SACs are offshore limited liability companies with an added twist … Could a SPC/SAC ever take the place of a trust?
Shareholder rights to requisition a general meeting
June 17, 2020
Most articles of association of offshore companies listed in Hong Kong have provisions that empower shareholders to requisition a general meeting.
Information Governance: Preserving Data and Being Prepared for Investigation
June 10, 2020
Organisations need to ensure their rules around information governance are being enforced. Many US organisations have an information governance officer in their IT, legal …
BVI court issues key decision on recoverability of costs
May 20, 2020
The decision is welcome guidance and clarification on the recoverability of costs incurred by non-qualified persons employed in BVI firms.
Investments in Asia? – How to better use business intelligence
May 5, 2020
Making investments or entering into an M&A deal can involve uncertainties and potential pitfalls. These can include financial and commercial issues, clashing business cultures, sudden changes in government regulation, poor strategic fit or simply bad timing, to name a few …
Navigating Humanitarian Exceptions regarding International Sanctions
April 14, 2020
Part 1: Challenges, opportunities and realities for the COVID-19 pandemic response …
Computer Forensics and the Rise of the Drone
April 6, 2020
With more people being confined to their homes in different parts of the globe, hobbyists will be finding new uses for their drones …
A Contractor’s Guide to Managing the Commercial Impact of the COVID-19 Virus on Construction Projects
March 11, 2020
This update is intended to provide some guidance to contractors seeking to analyse the issues that apply in their specific situations …
Redactions? How to Ensure There are no Nasty Surprises
March 10, 2020
With recent headlines highlighting the damage and embarrassment that can be caused by poorly redacted documents, it is no wonder many firms and corporates are turning to legal document management specialists to secure their redactions …
Privy Council confirms that fair value in Cayman merger appraisal is different from fair value in Delaware appraisals
February 26, 2020
Fair value is to be determined by the Cayman Courts based on the overall scheme of the Companies Law.
The Novel Coronavirus – Insurance Considerations
February 20, 2020
The Novel Coronavirus (Covid-19) is likely to represent a significant exposure for the insurance market ..
Self-Collection Risks
February 4, 2020
When digital evidence is required at the start of a matter, it’s easy to get swept up in the moment and start rushing to gather the evidence but this is a key time to step back, take a moment and reflect on the ultimate aim …
What Happens After the Dawn Raid?
December 2, 2019
The dawn raid has led to the forensic collection of 100,000 documents, now safely secured on a hard drive. What is the process from here? It’s important to plan your strategy in advance to minimise downtime, extract relevant documents and get ready for production …
Further transparency in respect of Cayman Islands companies
December 2, 2019
The Cayman Islands has often been referred to pejoratively as a “secrecy jurisdiction”. The two main supports for the secrecy allegation were on the one hand the existence of “secrecy” legislation, The Confidential Relationship Preservation Law (CRPL) dating back to the 1970s …
Growth of e-discovery across Asia
December 2, 2019
The e-discovery landscape across Asia is diverse, but increased adoption was in evidence at the 10th annual Relativity Fest, write Tim Gilkison and Rahul Prakash.
Bringing eDiscovery In-House? Four Tips to Get You Started
October 31, 2019
With an increase in litigation and in costs for document review, more and more companies are considering bringing parts, if not all, of the eDiscovery process in house …
Disrupting the law
October 31, 2019
Technology has been changing the world of work since the dawn of the industrial revolution, but it is only in the past decade or so that technological innovations have truly started to disrupt the way that legal services are delivered …
The five stages of the board management maturity model
October 31, 2019
The tools boards use to communicate should be simple to use, meet their needs (and no more) and be secure …
Keeping track of sanctions
September 18, 2019
Governments around the world are increasingly using economic sanctions and embargoes as a foreign policy tool …
A crisis of compliance
September 18, 2019
Investigating allegations of compliance breaches is an expensive affair. Employee and third-party malfeasance remain a costly budget item on P&Ls across Asia …