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The perils of fraudulent misrepresentation in M&A transactions

A recent case before the High Court provides an interesting lesson for all those involved in M&A transactions. The High Court held that the buyer of a company was induced to enter into a share purchase agreement (SPA) by a fraudulent misrepresentation and was therefore entitled to rescind the contract. The decision makes its clear that no amount of exclusion clauses or other boilerplate provisions can protect a seller in a case of fraudulent misrepresentation.

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Posted in Corporate - Tech, News and Events, Technical


Changing Terms and Conditions of Employment – Implementation and Practical issues

In the ongoing difficult economic climate employers continue to cut costs by changing employees’ terms and conditions of employment. In doing so many fall foul of the law and give employees and Trade Unions the opportunity to litigate.

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Posted in Employment - Tech, News and Events, Technical


Causation Key to Failure in Recent Claims Against Banks

Two recent cases arising from the 2008 credit crunch have highlighted the difficulties faced by investors in bringing claims against banks (or any adviser) for poor advice. In both cases the claimants managed to establish that the defendant banks had provided negligent or unsuitable advice. But in both cases, the claimants failed to establish causation [...]

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Posted in Commercial Disputes - Tech, News and Events, Technical


Agency Law, Your Questions Answered

Hill Hofstetter partner Larry Coltman addresses some of the current legal issues facing agents and principals. Click here to download the article.

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Posted in Commercial Disputes - Tech, News and Events, PR, Technical


First Injunction Against an ISP to Block Copyright Infringing Website

In what is believed to be the first case of its kind the High Court has ordered British Telecommunications plc (BT) to block customer access to a website that allowed users to download pirated copies of films, computer games and music. Six well-known US film studios including 20th Century Fox (“the Studios”) applied for an [...]

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Posted in Commercial Disputes - Tech, Corporate - Tech, News and Events, Technical


Court of Appeal Decision Highlights the Importance of Tailored Risk Assessments

The requirement for businesses to undertake risk assessments has existed since 1992. Nevertheless, even sophisticated organisations are still frequently falling short in their obligations to undertake appropriate assessments. A recent Court of Appeal decision has emphasised why properly thought out risk assessments need to be undertaken. In the joint appeals of Tangerine Confectionery Ltd and [...]

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Posted in News and Events, Risk & Liability - Tech, Technical


Employment News – Employment Law Changes – October 2011 and Beyond

October 2011 There are three main changes which took place on 1 October 2011. These are: The removal of the default retirement age. Employers may want to inform employees of the change in law and also consider how this will impact on workforce planning and whether any changes need to be made to contractual documentation. [...]

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Posted in Employment - Tech, News and Events, Technical


Legal 500 2011 accolades for Hill Hofstetter

The Legal 500 UK Directory for 2011 has been published, with great results for Hill Hofstetter LLP. The firm, which was launched less than three years ago, has seen improved rankings in all areas where it has previously been listed, as well as gaining recommendations in new areas. The stand out result is the firm’s [...]

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Posted in News and Events, PR


REDUCTION IN RED TAPE AND COST CUTTING AT THE HSE COULD COST BUSINESS MORE

The Coalition Government have made much of their intention of cutting red tape for businesses. As part of this process Lord Young has been undertaking a review of Health and Safety legislation. Alongside this review, the Government has also cut the budget of the Health and Safety Executive (HSE) substantially. This reduction is coupled with [...]

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Posted in News and Events, Risk & Liability - Tech


Employment News: Can an employee’s actions ever amount to self-dismissal or deemed resignation?

Employers are often faced with employees who are absent without leave and do not communicate as required. There is a tendency for an employee to say there is a “self-dismissal” or “deemed resignation” in the circumstances. The recent case of Zulhayir v JJ Food Services Ltd UKEAT/0593/10 has confirmed that an employee’s own repudiatory conduct [...]

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Posted in Employment - Tech, News and Events, Technical


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