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1
Reflecting On Reflective Loss
The common law principle of reflective loss has been judicially described as a "perplexing and developing area".
Cayman Islands
29 Jul 2019
2
When Do Directors Owe Their Duties To A Company's Creditors Rather Than Its Shareholders?
The Court of Appeal has recently ruled in BTI 2014 LLC -v- Sequana SA & Ors [2019] EWCA Civ 112 that an otherwise lawful dividend may still be found to be a transaction defrauding creditors.
British Virgin Islands
4 Jul 2019
3
Cayman Court Relies On Market Value In Merger Appraisal
Having rejected this theory, he attributed a 50% weighting to the market value of the shares following the approach of the Company's expert.
Cayman Islands
16 May 2019
4
British Virgin Islands
17 Jul 2018
5
A Developing Discourse From The Courts
In its decision in the matter of Shanda Games Limited, the CICA has gone a step further and altered the landscape against which fair value of the Dissenters shares is to be properly assessed in the future.
Cayman Islands
7 May 2018
6
Appealing Appraisal Actions: New Judgments From The Cayman Courts
Instead each party bears the burden of proving the value for which it contends, and relies on the Court to finally determine the fair value.
Cayman Islands
13 Apr 2018
7
Dissenting Shareholders, Freezing Injunctions, And Provision For Payment: A New Judgment Of The Cayman Islands Court Of Appeal
In In the matter of Trina Solar Limited1 ("Trina Solar") the Grand Court of the Cayman Islands refused an interlocutory application, made by a group of dissenting shareholders (the "Dissenters") ...
Cayman Islands
2 Mar 2018
8
Qunar Cayman Islands Limited: Court Confirms Interim Payments Are Appropriate In Cayman Appraisal Actions
In Qihoo 360 Technology Co. Ltd (unreported 26 January 2017) the Honourable Justice Quin held that the Grand Court had power to order an interim payment to be made by the Company to dissenters...
Cayman Islands
23 Aug 2017
9
Fine Tuning Fair Value Appraisals: Further Guidance From The Cayman Court
Having seen a surge in dissenting shareholder litigation over the past 18 months, the Grand Court of the Cayman Islands continues to release considered judgments concerning the operation of the appraisal process set out in ...
Cayman Islands
30 Jul 2017
10
Maximize Growth Potential By Incorporating Offshore
Every day, companies are being formed around the world for a variety of reasons. Incorporation produces a corporate entity which is separate from its owners, with its own legal rights and obligations.
Bermuda
8 Jun 2017
11
Bermuda Public Companies Update – May 2017
We are pleased to present the latest edition of our Bermuda Public Companies Update which features a recap of significant transactions involving Bermuda public companies listed on the NYSE...
Bermuda
24 May 2017
12
Dissenting Shareholders, Fair Value Petitions And Statutory Appraisals: New Guidance From The Cayman Islands
On 25 April 2017, the Honourable Justice Segal published his judgment in In the matter of Shanda Games Limited (FSD 14 of 2016, 25 April 2017) ("Shanda").
Bermuda
3 May 2017
13
Shareholder Disputes – The Duty To Negotiate With Shareholders
Minority shareholders angry with the conduct of their company have limited rights of redress other than to sell their shares for whatever price they can get.
Bermuda
25 Apr 2017
14
Shares In BVI Business Companies - Avoiding A Succession Problem
A great deal of global wealth, particularly wealth in the Asian and MENA regions, is held through British Virgin Islands ("BVI") business companies.
British Virgin Islands
28 Feb 2017
15
The Structure Of M&A Deals In Bermuda
David Lamb at Conyers Dill & Pearman looks at Bermuda law governing the takeover (or privatisation) of public companies.
Bermuda
19 Jan 2017
16
The Structure Of M&A Deals In The Cayman Islands
David Lamb at Conyers Dill & Pearman looks at Cayman Islands law governing the takeover (or privatisation) of public companies.
Cayman Islands
19 Jan 2017
17
Beneficial Interest Insufficient To Bring Unfair Prejudice Proceedings
Can a party who is only (at best) beneficially interested in shares in a BVI company maintain an action for unfair prejudice?
British Virgin Islands
22 Dec 2016
18
Offshore Case Digest: Issue No. 11 – Bermuda, The British Virgin Islands And The Cayman Islands
Our goal is to provide a useful reference tool for clients and practitioners who are interested in the development of case law in each jurisdiction.
Worldwide
25 Jul 2016
19
Bermuda Public Companies Update – May 2016
We are pleased to present the latest edition of our Bermuda Public Companies Update which features a summary of significant transactions involving Bermuda public companies listed on the NYSE and Nasdaq for the period of Q4 2015 through Q1 2016.
Bermuda
3 Jun 2016
20
Case Comment: Olive Group - Welcome Clarification On Dissent Procedure Under BVI Law
The case involved a minority shareholder, Gavin Mayhew, who was forcibly redeemed pursuant to Section 176 of the Act.
British Virgin Islands
26 Jan 2016
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