Archive for March, 2014

Shanghai to pilot China’s legal market liberalisation measures

A Shanghai Bureau of Justice official has hinted that the Shanghai Pilot Free Trade Zone’s (FTZ) experiment on allowing associations between Chinese and foreign firms will lead to further opening up of the country’s legal services sector.
The FTZ was launched in September 2013 to test-run an opening up of China’s financial system, easing restrictions in [...]

Published by jyin on March 19th, 2014 tagged Uncategorized | 61 Comments »

U.S. Supreme Court Reaffirms Enforceability of Class Arbitration Waivers

On June 20, 2013, in American Express Corp. v. Italian Colors Restaurant, (No. 12-133), the United States Supreme Court held that a party cannot escape individual, non-class arbitration by asserting that class action procedures are necessary to effectively prosecute the claim.  That is true even if the economics of a non-class arbitration are not viable:  ”[The FAA's] command [...]

Published by jyin on March 18th, 2014 tagged Uncategorized | 47 Comments »

Attorney-Client Privilege Passes to Acquiring Company in Merger

By Pamela Sakowicz Menaker, Litigation News Contributing Editor – March 11, 2014
The Delaware Court of Chancery has held that in a merger of two companies, absent an agreement providing otherwise, privileged communications between the seller corporation and its legal counsel may not be protected in subsequent litigation between the merging companies. Great Hill Equity Partners IV v. SIG Growth [...]

Published by admin on March 14th, 2014 tagged Uncategorized | 47 Comments »

39 Essex Street silk wins frozen sperm legal battle

39 Essex Street’s Jenni Richards QC successfully persuaded the High Court that a widow has the right to save her dead husband’s frozen sperm so that she could have his children in the future.
Richards successfully argued that Warren Brewer had wanted his wife to have his children after his death, despite having died before consenting [...]

Published by admin on March 13th, 2014 tagged Uncategorized | 52 Comments »

Sino-Philippine disputes better settled by honest talks than lawsuits

By virtue of its position, the South China Sea forms part of a vital route for maritime trade and transport for East Asian and Southeast Asian countries and their trading partners in Asia, Africa and beyond, which gives this area great geopolitical significance. Therefore, disputes over regional control and influence among the littoral states are [...]

Published by admin on March 12th, 2014 tagged Uncategorized | 1 Comment »

Phl to China: Join us in UN arbitration

MANILA, Philippines – Joining a United Nations arbitration process to resolve territorial disputes is the course of action China should take and not just meeting Manila “halfway” on a controversial fisheries regulation in disputed waters, the Department of Foreign Affairs (DFA) said yesterday.
“The nine-dash line claim is in gross violation of international law. It is [...]

Published by admin on March 11th, 2014 tagged Uncategorized | 32 Comments »

Edward Lehman of LEHMAN, LEE & XU and Legal Commentator on CCTV Remarks on Sex Scandal and Politicians’ Right to Privacy

January 24th – Beijing – The sex scandal of French President François Hollande and Actress Julie Gayet has caused an international buzz. CCTV’s Yang Rui sits down with long-time “China-hand” and legal expert Edward Lehman, of LEHMAN, LEE & XU, Italian columnist Francesco Sisci, and French Journalist Sabastien Ricci to delve into the issue of [...]

Published by admin on March 11th, 2014 tagged Uncategorized | 34 Comments »

Nishimura & Asahi expands China presence to Shanghai

Japanese big-four firm Nishimura & Ashahi has opened a second China office in Shanghai.
Nishimura & Ashahi’s Shanghai opening comes two months after the firm received a licence by the Ministry of Justice in December 2013. The firm established its first China office in Beijing in April 2010 to support Japanese companies investing in China.
Nishimura & [...]

Published by admin on March 7th, 2014 tagged Uncategorized | 30 Comments »

Palace rejects bilateral talks with China, to pursue arbitration case

Malacañang on Wednesday rejected the call of the Chinese government for bilateral negotiations in connection with the alleged harassment of Filipino fishermen at the disputed Scarborough (Panatag) Shoal by Chinese authorities.
Instead, the Philippines will pursue the arbitration case it filed before the United Nations (UN), according to deputy presidential spokesperson Abigail Valte on Wednesday.
During a [...]

Published by admin on March 5th, 2014 tagged Uncategorized | 28 Comments »

PH to China: Join us in UN arbitration

MANILA – Joining a United Nations arbitration process to resolve territorial disputes is the course of action China should take and not just meeting Manila “halfway” on a controversial fisheries regulation in disputed waters, the Department of Foreign Affairs (DFA) said yesterday.

“The nine-dash line claim is in gross violation of international law. It is the [...]

Published by admin on March 4th, 2014 tagged Uncategorized | 38 Comments »