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Legal Update

In-House Lawyers Contract Law update: April 2023

If there’s an overarching theme one can derive from these cases, it’s the importance (again!) of spelling out in clear and unambiguous language the key elements of the commercial deal.  Vague concepts like “good faith” are unlikely to get you very far, and it is extremely hard to imply key commercial terms when the express contract is silent on an issue. 

While all of this reiterates the need for precise and clear-headed drafting, it does not mean we should weigh our contracts down with long and convoluted provisions spelling out each and every possibility and drafting accordingly. Pragmatism and commerciality remain evident too.  In this, we are comforted by Lord Leggatt’s wise words in Barton v Morris: “life is too short to negotiate contract terms designed to cover every contingency that may occur”.  Quite…

Barton v Morris: when staying silent costs millions

Background

On 25 January 2023, the Supreme Court handed down its judgment in Barton & Others v Morris and another in place of Gwyn Jones (deceased).

While the majority decision is broadly in line with the prevailing approach taken by the courts to date in respect of contractual interpretation, ie they will be reluctant to interfere

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Legal Update

What to expect from Trump’s trials and court cases in 2024

The past year saw Donald Trump on trial twice, predicted four times and hit with a multimillion-dollar civil verdict while also fighting off other legal challenges and running for president; his 2024 court calendar could be even more chaotic.

The former president faces up to five separate trials in the new year and verdicts in two civil cases that could cost him and his business hundreds of millions of dollars. In the four criminal cases, he faces 91 felony counts, including some on charges that carry maximum prison terms of 20 years.

Only one of the impending trial dates appears to be set in stone: that of the civil damages trial in a defamation case brought by writer E. Jean Carroll, which is scheduled to start Jan. 16. That’s one day after the Iowa caucuses, in which Trump is leading in the polls and has predicted an “epic landslide” victory.

The trial dates for the four pending criminal cases are all in flux thanks to Trump appeals and efforts to delay them until after the election, but it’s possible he could stand trial as early as March in either the federal election interference case in Washington, DC, or the Manhattan

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Legal Update

Doctors Hesitate to Ask About Patients’ Immigration Status Despite New Florida Law

Fearful of risking their jobs, jeopardizing state funding for their institutions, and further politicizing health care, Florida hospital leaders have been reluctant to speak out against a new law that requires them to ask about patients’ immigration status.

While Florida joins Kansas, Texas, Mississippi, and a handful of other states in proposing crackdowns on immigrants lacking legal residency, no other state has mandated that hospitals question patients about their citizenship.

Doctors, nurses, and health policy experts say the law targets marginalized people who already have difficulty navigating the health care system and will further deter them from seeking medical help.

Olveen Carrasquillo, a practicing physician and professor at the University of Miami’s Miller School of Medicine, said he’s dismayed that more health care professionals aren’t speaking out against the harm the law may cause.

“Imagine if all the hospitals said, ‘This is wrong. We can’t do it.’ But they just stay silent because they may lose state funding,” Carrasquillo said. “We do have political leaders who are very vindictive and who come after you.”

Touted by Republican Gov. Ron DeSantis as “the most ambitious anti-illegal immigration” legislation in the country, Florida’s law was enacted in July and requires, among other

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Case Lawyer

Lawyer shares argument against second PSR charge

Everton: Lawyer shares how Toffees can argue case against second PSR charge

The drama between Everton and the Premier League continues to drag on

James Murray

Matt Stanbury has shared how Everton could look to challenge the second charge handed out to them for breaching the Premier League’s spending rules.

The lawyer tweeted on Monday (19 March) that he would be arguing that the “objectively harsh” punishment the Blues were given for the first charge reinforces why they shouldn’t receive a further penalty for the second charge.

But he added that the Premier League should be looking to appeal against the four-point deduction handed out to Nottingham Forest as it appears to be “unduly lenient” both generally and based on the league’s own case.

“Logically the PL should appeal, as the sanction [given to Nottingham Forest] appears to be unduly lenient both generally and based on the Premier League’s own case,” said Stanbury.

“As to Everton, I’d be arguing that the objectively harsh punishment for charge one reinforces why it should be nothing more for charge two. Best they can do.”

Everton can’t afford further points deduction

This situation regarding points deductions has become very tedious for everyone and has largely put a dampener on the season.

It

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Law Firm

Hut 8 Corp. Securities Fraud Class Action Lawsuit Pending: Contact The Gross Law Firm Before April 8, 2024 to Discuss Your Rights

NEW YORK, March 22, 2024 /PRNewswire/ — The Gross Law Firm issues the following notice to shareholders of Hut 8 Corp.

Shareholders who purchased shares of HUT during the class period listed are encouraged to contact the firm regarding possible lead plaintiff appointment. Appointment as lead plaintiff is not required to take part in any recovery.

CONTACT US HERE:

Hut 8 Loss Submission Form

CLASS PERIOD: November 9, 2023 to January 18, 2024

ALLEGATIONS: The complaint alleges that during the class period, Defendants issued materially false and/or misleading statements and/or failed to disclose that: (1) one of the largest shareholders in US Data Mining Group, Inc. d/b/a US Bitcoins Corp. (“USBTC”), one of the companies that merged to create Hub 8, is an undisclosed related party; (2) one of USBTC’s core assets has historically failed to provide energy and high-speed internet; (3) the profitability of certain USBTC assets were overstated; and (4) as a result of the foregoing, defendants’ positive statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis.

DEADLINE: April 8, 2024 Shareholders should not delay in registering for this class action. Register your information here: https://securitiesclasslaw.com/securities/hut-8-loss-submission-form/?id=72088&from=4

NEXT STEPS FOR SHAREHOLDERS:

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Case Lawyer

Uber to pay Australian taxi operators $272 million in class action settlement

Uber has agreed to pay $271.8 million to Australian taxis and hire car drivers, operators and license holders to compensate them for losing income and license values ​​when the rideshare giant moves into the Australian market.

The class action against Uber was expected to go to trial in the Supreme Court of Victoria on Monday but Judge Lisa Nichols vacated it after the rideshare giant agreed to the colossal settlement.

It was the fifth-largest class action settlement in Australian history and one of the most successful class actions against Uber, the lawyers behind the case said.

Maurice Blackburn Lawyers principal Michael Donelly said the settlement was preceded by a five-year legal battle in which Uber “fought tooth and nail at every point along the way”.

An Uber sticker in the back window of a red car

Uber says ridesharing regulations did not exist when the company entered Australia.(ABC

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Law News

Corporate Law Update: 16 – 22 March 2024

Government sets out first proposals to alleviate non-financial reporting obligations

The Government has published a ministerial statement setting out its initial intentions to reform the UK’s non-financial reporting framework for companies and other business entities, with a view to creating a more proportionate regime.

The statement follows the Government’s call for evidence in June 2023. See our previous Corporate Law Update for more detail on the call for evidence on the UK’s non-financial reporting framework.

The statement confirms the following.

  • Company size thresholds. The Government intends to increase by 50% the financial thresholds used to determine whether a company is micro, small, medium-sized or large. These thresholds determine the level of reporting by a company, with large companies subject to significantly greater reporting requirements. The proposed new thresholds are set out in the statement.

    The Government estimates that this would result in 5,000 companies moving down from “large” to “medium-sized”, and 13,000 companies moving from “medium-sized” to “small”.

    The Government is not currently proposing to amend the current employee headcount thresholds in the short term. However, it intends to consult later in 2024 on amending the threshold for classification as a medium-sized company from 250 employees to 500 employees.

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Legal Update

New digital law may bring a fine for disinformation | Latest News India

The upcoming digital India bill may contain penalties for disinformation campaigns, or organized efforts to spread false or misleading information to manipulate public opinion, officials familiar with the matter said, adding that violations may lead to financial repercussions.

The upcoming digital bill may penalize disinformation campaigns, violations may lead to financial repercussions. (AP)
The upcoming digital bill may penalize disinformation campaigns, violations may lead to financial repercussions. (AP)

The central government is working on the digital India bill to replace the Information Technology (IT) Act, 2000, a move officials have said is born out of the need to overhaul laws and rules relating to technology, which has evolved significantly since the mainstay guardrails were put in.

According to a proposed draft seen by HT, any person who engages in action that promotes hatred, enmity hostility or directly or indirectly influences election outcomes will be liable for punishment for disinformation. The draft doesn’t, however, specify what the punishment will be.

To be sure, the draft will be fine-tuned further and released for public feedback before the Union cabinet hammers out the version that will go to parliament for approval.

Officials familiar with the matter said that the draft was evolving. “One of the proposals is to have financial penalties in order to deter disinformation campaigns,” one

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Law News

Hong Kong passes controversial security law which grants government more power to quash dissent | WorldNews

Hong Kong’s parliament has unanimously passed a new security law which grants the government more power to quash dissent.

The new legislation threatens sentences of up to life in prison for offenses including treason and insurrection, as well as stringent penalties for other offenses such as sabotage, external interference and theft of state secrets.

Hong Kong’s Legislative Council, which is packed with Beijing loyalists, says the new law aims to protect national security.

However, the move is widely seen as the latest step in a sweeping political crackdown following large-scale 2019 street protests that challenged China’s rule over the semi-autonomous territory.

Critics fear the new legislation – an expansion on the controversial imposition of the 2019 Beijing’s National Security Law – will further eradicate civil liberties that Xi Jinping’s government promised to preserve for 50 years when the former British colony returned to Chinese rule in 1997.

Amnesty International described the passing of the new legislation – named Article 23 – as a “crushing blow to human rights in the city”.

“The passing of Article 23 sends the clearest message yet that the Hong Kong authorities’ hunger to accommodate Beijing’s will strips any past commitments on human rights,” the group

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Attorney

No prosecution warranted for Lima critics, attorney says | News

NORTH KINGSTOWN, RI — An independent counsel has repudiated an attempt by Democratic Party leaders and school board Chairwoman Erin Earle to prosecute someone for making critical social media posts against School Committee member Jen Lima.

In a report issued Monday, Special Counsel Maria F. Deaton said that while Lima might feel “annoyed and alarmed,” there’s no evidence that the comments were cyberstalking or went beyond protected free speech under the US Constitution.

In addition, Deaton determined that Lima “in her public capacity, on her public social media accounts discussed matters involving different topics (public policy, political matters, etc.). It can be argued that the public has a right to comment on those public posts and the comments can be shown to be legitimate.”

The town’s Democratic Party’s top leaders, in a February letter to Town Manager Ralph Mollis, suggested that the police department had failed to do enough to investigate and prosecute Lima critic Alexander Cesaro.

At the time of the letter, a special counsel had already been hired because Lima and other school officials had complained of foot-dragging in the matter.

Deaton’s report and law enforcement officials’ chronology of events both show ongoing investigation of her claims of

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