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COVID-19: Potential legal impact (Spain)
In recent days, different measures have been adopted to counter the exceptional situation generated in Spain by COVID-19, including Royal Decree …
Endeavours obligations: How hard do you have to try?
Obligations to endeavour to achieve some object are commonly agreed in commercial contracts where the relevant party is not willing to take on an …
How far can you act in your own self-interest? The role of good faith in commercial contracts
The traditional starting point in English contract law is that parties are free to do what they like so long as they do not breach the agreed terms. But …
What does your contract mean? How the courts interpret contracts
All too often, a term might seem perfectly clear to the parties when the contract is agreed, but a dispute later arises as to how it is meant to apply in …
The view from Brussels - Can the Backstop be Renegotiated?
Both candidates to be leader of the Conservative Party, and therefore to be UK Prime Minister, have vowed to renegotiate the Withdrawal Agreement and in …
When do you have a binding contract? It may be more (or less) often than you think
Sometimes what appears to be an agreement is not in fact binding, for example because it is incomplete or its terms are uncertain, or perhaps because the …
Herbert Smith Freehills expands disputes offering in Europe with hire of five-strong arbitration and litigation team in Madrid
Herbert Smith Freehills has further strengthened its disputes offering in Europe with the hire of new Madrid Partner David Arias, who will join the firm …
The duty to consider creditors
In high stakes restructurings, directors can be under significant pressure from different parts of the capital structure to take (or refrain from taking) …
HKMA turns up the heat and announces consultation on IBOR transition
On 12 February 2019, the Hong Kong Monetary Authority (HKMA) announced in a briefing to the Legislative Council Panel on Financial Affairs that the …
A litigator's yearbook: 2018 (England and Wales)
As the end of another year approaches, we have published our annual "Litigator's yearbook" looking back at key developments from 2018 from the …
The Brexit Podcast
Our regular series of podcasts to keep you up-to-date with the critical issues facing business post-Brexit.On our Herbert Smith Freehills Podcast …
France adopts a confidentiality regime for the trade secrets relied upon in (patent) litigation
As part of the French Law on the Protection of Trade Secrets dated 31 July 2018, French lawmakers have finally adopted a long-awaited array of …
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