Gardening leave is not at your leisure – High Court rules on notices and covenant periods

It is often forgotten that the received wisdom as the 1990s wore on was that restrictive covenants and other restraints on free movement of staff would become a thing of the past for law firm partners and industry in general as the market went the way of the US. However, a High Court ruling this week is a further reminder that employers’ rights to insist on such terms – and how they are used – are still very much a reality.

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Litigation finance for trustees

Nick Rowles-Davies of Burford Capital talks facilitating recovery while mitigating risk

Litigation is an ever-present issue to trustees, whether bringing claims or defending cases. Now more than ever there is a need for trustees to be aware of the options available for funding this litigation.

There has been a significant increase in certain types of litigation in the last few years, for example, fraud cases such as the Stanford and Madoff matters, media litigation caused by events at News Corp and the largest area of litigation in recent times – banking and finance litigation. Continue reading “Litigation finance for trustees”

Bar and MoJ end fee impasse over high value legal aid fraud cases with further talks underway

Leaders at the Bar have agreed an interim deal with the Ministry of Justice to end the fee impasse that has threatened to disrupt high value legal aid fraud trials, with discussions to reform the payment scheme for the most costly cases underway. Continue reading “Bar and MoJ end fee impasse over high value legal aid fraud cases with further talks underway”

Silver linings playbook: can Norton Rose Fulbright bring its disputes team into the global elite?

Sarah Downey assesses the post-merger state of NRF’s dispute resolution practice

With Norton Rose Fulbright (NRF)’s eye-catching union now over a year old, the top ten UK firm has achieved the enviable feat of creating, through a succession of global bolt-ons, a 3,800-lawyer firm with $1.9bn in revenue, almost without fallout.

Its 138-fee-earner (excluding trainees) City dispute resolution practice is something of an exception, having lost a handful of its star players, including Dorian Drew, adviser to ex-Barclays’ chief executive Bob Diamond on the Libor scandal, who last year left for Clifford Chance.

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Herbert Smith Freehills boosts US investigations with hire of former assistant attorney and SEC chief John O’Donnell

Herbert Smith Freehills’ (HSF’s) Manhattan office has capitalised on the US revolving door with the hire of John O’Donnell, a former assistant US attorney and branch chief in the Securities and Exchange Commission’s enforcement unit, who joins to boost the top 10 UK firm’s New York investigations division. Continue reading “Herbert Smith Freehills boosts US investigations with hire of former assistant attorney and SEC chief John O’Donnell”

Clyde & Co whistleblower case sees Supreme Court hand partners protection

Partners who expose malpractice in their own law firm will now be protected by whistleblower legislation, the Supreme Court ruled on 21 May, in a precedent-setting judgment that follows a claim brought by former Clyde & Co partner Krista Bates van Winkelhof.

The Supreme Court held – overturning a Court of Appeal finding in 2012 – that members of limited liability partnerships are ‘workers’ for the purpose of employment legislation and therefore have the same protections as employees if they have ‘blown the whistle’ at work.

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Firms face additional partner pensions liability after Supreme Court defines LLP members as ‘workers’

Partnerships could now be saddled with a new layer of financial and administrative responsibility after a Supreme Court ruling last week found that partners are ‘workers’ for the purposes of whistleblowing legislation. Continue reading “Firms face additional partner pensions liability after Supreme Court defines LLP members as ‘workers’”

Further hire for Thirty Nine Essex with arrival of Ince & Co litigation partner

After three decades in private practice longstanding Ince & Co litigation partner Denys Hickey has re-joined the Bar with a move to Thirty Nine Essex Street Chambers, just weeks after the leading set hired Shell’s former head of legal, Peter Rees QC. Continue reading “Further hire for Thirty Nine Essex with arrival of Ince & Co litigation partner”