Written by Robert(Bob) Whitman Eric Berger KWM New York Office
Appeals of judicial decisions are commonplace in both federal and state court litigation in the US. This note provides a brief overview of common types of appeals, an overview of US appellate courts, and the common appellate standards of review, which are the frameworks
作者：雷继平 王巍 争议解决部 金杜律师事务所
昨日，最高人民法院对施行了5年的《关于审理民间借贷案件适用法律若干问题的规定》（“《民间借贷解释》”）进行了修订。修订的主要方向，是落实金融和民间资本回归实体经济服务的经济政策。
Continue Reading 速递：最高法院对民间借贷解释作了哪些重大修改？
The UK High Court recently considered the application of section 117 of the Companies Act 2006 (“s.117”), which sets out the parameters for responding to a request by a member of a company to inspect the company’s register of members and the ability of a Company to refuse the request. The Court in this case dismissed an application to refuse the provision of a company’s register of members on the grounds that the company had failed to prove that the request had not been made for a “proper purpose”.
Continue Reading Company registers: If there is a proper purpose, be prepared to provide them on request
英国高等法院最近审理了一起涉及2006年《公司法》第117条（“第117条”）适用性的案件。该条规定了回应公司股东请求检查公司股东名册的依据以及公司拒绝该请求的能力。本案中，法院驳回了某公司提出的一项拒绝提供公司股东名册的申请，理由是该公司未能证明提供公司股东名册的请求并非出于“适当目的”。
Continue Reading 公司股东名册：如果目的适当，则应请求提供
This year has shown us that when it comes to commercial parties having a dispute regarding restrictive covenants, the Courts have shown a willingness to uphold the validity of the restriction on the basis that they are competent business people who should have known better or taken advice.
Continue Reading Restrictive covenants – watch out for restrictions of employee shareholders and those contained in commercial agreements
本案为新冠肺炎疫情期间英国高等法院“远程”审理的首批案件之一。
Continue Reading 注意通知条款中的双重先决条件——他们可能造成索赔无效！
Company decision-making was under the spotlight in December 2019, when the UK’s Court of Appeal was asked to consider the “Duomatic principle” (taken from the 1969 case Duomatic Ltd, Re [1969] 2 Ch. 365) which gave credence to informal shareholder approvals in certain circumstances.
Continue Reading Don’t forget about the trustee body seeking to rely on informal shareholder approvals
Looking back at the top eight cases of 2019 in the UK
Last year was an interesting year in the UK Courts for businesses and corporate/commercial lawyers alike. Whilst we do not intend to provide you with an exhaustive list of all UK Court decisions, we have selected 9 key cases heard which are both thought-provoking and relevant to those who are not as close to the UK legal system and which could potentially affect you or your clients’ business. Some of the key findings are set out in the summaries below:
Continue Reading The Full English：Looking back at the top eight cases of 2019 in the UK
