Compass Lexecon’s Post

#ParisArbitrationWeek kicked off on Monday with a great pannel hosted by Addleshaw Goddard on the forever-hot states’ right to regulate. Left the event with a bag full of ideas. Just to name a few: 🎯 Investors are moving from Investor-State Dispute Settlement mechanisms to contractual remedies – the focus shifts from relying on investment treaties to careful negotiations of public contracts. This goes straight to my PhD thesis which focuses on risks and balance in #publiccontracts. 🎯 There is full agreement that the right to regulate exists, there is (still) little agreement on how it should be applied. 🎯 There is no consensus on whether the existance of breach should be assessed based on the information available to the state at the time of the decision or whether post-factum evidence can also be considered – a question I am also struggling with in my academic capacity in relation to administrative disputes. #internationalarbitration #paw2024

Large swathes of UK research begins this week, including Private Equity, Offshore and Banking Litigation. One way of checking to see if your section starts now is to see if its status is "Researching" on our research schedule https://lnkd.in/eQDsPsQC

Edgeworth Principal Sushrut Jain will speak on this upcoming "Class Action Litigation" webcast where he will present on recent developments and best practices in class action litigation. Don't miss the opportunity to learn from Sush's experience in this field!

Yesterday, Gerald L. Maatman, Jr. (Duane Morris LLP), Sushrut Jain (Edgeworth Economics), and Gary S. Graifman Esq. (Kantrowitz, Goldhamer & Graifman, P.C.) presented on our “Class Action Litigation” webcast. Delve into the latest developments in class action litigation. Watch the on-demand webcast now: https://zurl.co/KJyn #ClassActionLitigation #ClassAction #CLE #webcast #TKG

In the inaugural issue of #Synthesis: Tehrani v. Hamilton Techs - practical guidance for practitioners; challenging #USPTO’s #PTA calculation; and the #FederalCircuit considers #ClaimConstruction and its relationship to #Infringement and #Invalidity

In the inaugural issue of #Synthesis: Tehrani v. Hamilton Techs - practical guidance for practitioners; challenging #USPTO’s #PTA calculation; and the #FederalCircuit considers #ClaimConstruction and its relationship to #Infringement and #Invalidity

Obscure contract terms: an inadvertent pricing experiment with Stephen Choi (New York University), Mitu Gulati (University of Virginia law, Robert Scott (Columbia Law School) and Mark Weidemaier (University of North Carolina School of Law is now out in the Capital Markets Law Journal Oxford University Press The paper explores how obscure terms are priced in the market. The bottom-line is that contract terms that should theoretically affect a debt's price often go unnoticed in long and complex contracts. We find significant market reactions after obscure (but publicly available) weird bond terms are discussed in Financial Times Alphaville (thanks to Robin Wigglesworth who also wrote a cool piece about the paper) or Mitu & Mark's podcast. So, there are information frictions even when all the information is out there. Aren't markets supposed to be efficient???? Geneva Graduate Institute CFD - Centre for Finance and Development Geneva Graduate Institute | Library

The SEBI’s authority to take direct action against Hindenburg Research may fall into a grey area given the jurisdictional limitations, said experts. Our Leader-Capital Markets Practice, Kshitij Asthana shares his comments with businessline in an article titled, "SEBI action against Hindenburg may run into jurisdictional wall, say experts.” Read more at :- https://lnkd.in/gMFZT-rM #knowledgesharing #opinion #sebi #capitalmarket #lawfirm #singhania

Simon Latham will appear on this webinar panel alongside Chris Ford, Blackhawk Network; Dr. Robert Scherf, Berkeley Research Group; Tatiana Siakka, Squire Patton Boggs; Samuel Marden, Charles River Associates; Cameron Azari - Senior Vice President, Epiq; and Stephanie Stocker, White & Case LLP. Without doubt Class Actions and Collective Redress are gathering pace across the European region, with the UK, Portugal and the Netherlands leading the charge from a filing perspective. Cumulative claimed quantum across regions now stands at a staggering €228bn, but the question is, for the regime to be considered effective, how much will consumers actually receive and when? The panel will discuss the risks, challenges and opportunities the regime faces, with Simon providing the funders' perspective. The webinar is organised by ThoughtLeaders4 Competition | TL4C. Register here: https://lnkd.in/dPtgk8fy #LitigationFunding #LegalFinance #CompetitionLaw #ClassActions #CollectiveRedress

At the Third McNair Annual Lecture, I had the privilege of listening to the distinguished Professor Pellet speak on the "Seven Capital Sins of Investment Treaty Arbitration." It was a look at how deep-rooted issues could shape the future of this field and perhaps address some of its frustrating aspects. In essence, the key challenges are: (1) Legal Uncertainty: Unpredictable decisions undermine reliability. (2) Verbose Decisions: Complexity reduces clarity. (3) Protracted Proceedings: Costs and delays escalate. (4) Over-reliance on Experts: Core issues can be overshadowed. (5) "Americanization": May clash with global legal cultures. (6) Insularity: Lacks diverse perspectives. (7) Ethical Concerns: Integrity of some arbitrators questioned. I recognised some of these capital sins in my own practice - if you did too, feel free to share your thoughts! 🔗 For more insights, including a full recording of Professor Pellet's follow the link: https://lnkd.in/eidxJ3vt