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If Sisyphus were a judge, he'd be assigned the Fuks case. Fuks began on December 26, 1996. Fire up your mental time machine, travel back in time, and picture what [...]

A ruling by the São Paulo Court highlights the need to formalize financial agreements to avoid disputes and ensure proper categorization of investments and loans It is common for companies [...]

The Court of Appeal has assessed whether an arrangement under which investments were managed by four separate managers under four separate investor pools was merely a set of parallel, independent [...]

The single proceeding model v arbitration: the Supreme Court of Canada weighs in in Petrowest The Supreme Court of Canada rendered its decision in Peace River Hydro Partners v Petrowest [...]

INTRODUCTION: The Supreme Court in its decision in M/s Vaishno Enterprises v. Hamilton Medical AG & Anr.1, observed that the jurisdiction of the Micro, Small and Medium Enterprises Council ('the [...]

Many businesses are started by friends or family with an initial similar interest and vision. Unfortunately, relationships can sour over time, particularly when the goals and interests of the individuals [...]

In Short The Situation: When winding up a company, liquidators must distribute any surplus funds following the satisfaction of any secured debts. The Corporations Act 2001 (Cth) contains a regime [...]

The Federal Circuit Court enforced the plain language of a confidentiality agreement to prevent an IPR proceeding from going before the PTAB. In the summer of 2020, Nippon Shinyaku Co., [...]

In Duneau v Klimt Invest SA and others [2022] EWHC 596 (Ch) the High Court considered the winding up petition in respect of Klimvest Plc which was based on just [...]

Business partners generally owe each other fiduciary duties and can be liable for civil fraud if funds invested in the partnership business are not used for their intended purpose. In [...]

In Damis Properties Inc. v. The Queen ('Damis'), the Tax Court of Canada ('TCC') found subsection 160(1) of the Income Tax Act ('ITA') 1 inapplicable because the appellants and their [...]

A recent case from the BC Supreme Court provides guidance for commercial landlords who are concerned about potential violations of BC Provincial Health Orders (' PHOs') by tenants and other [...]

The High Court (Simons J), in a recent decision delivered on 18 January 2021 [AIB v Joe O'Callaghan & others2] considered and ultimately refused the plaintiff bank's (the 'Bank') application [...]

On June 28, 2019, the Texas Supreme Court agreed to review a ruling from the Fifth Court of Appeals in Dallas in the case of Energy Transfer Partners LP et [...]

We look at a recent Court of Appeal decision in relation to GP partnership disputes. The case illustrates the importance of having clarity about the basis on which a partnership [...]

Supreme Court of Canada releases decision in McCormick v. Fasken Martineau DuMoulin LLP, 2014 SCC 39 On May 22, 2014, the Supreme Court of Canada (the 'Court') found that Mr. [...]

This morning the Supreme Court of Canada released its much awaited decision in McCormick v. Fasken Martineau DuMoulin, holding that most legal (and other professional) partnerships are not subject to [...]

In a recent hedge fund case (Ilott v Williams [2013] EWCA Civ 645), the Court of Appeal delivered a judgement which it admitted entailed 'harsh results' for the Appellant. Mr [...]

Mr Justice Cooke delivered his judgment in the Commercial Court on 7 June 2013 in a banking dispute between a partnership (known as the 'Birr Partnership') and Ulster Bank Ireland [...]

On July 24, 2013, the U.S. Court of Appeals for the First Circuit reversed a Massachusetts district court in a widely-watched case addressing whether private equity partnerships are 'trades or [...]

A bunch of doctors were limited partners in a surgery center with the general partner being - let's say - Cut 'Em Corporation. The partnership agreement stated that the limited [...]

Choice of law and venue provisions are the legal equivalent of choosing your battlefield. A favorable choice of law provision (like New York) can ensure that the lender does not [...]

A New Jersey Appellate court has upheld use of a buyout formula in a partnership agreement, despite the fact that it left the deceased partner's estate with a mere fraction [...]

In Rigas v. United States, 2011-1 U.S.T.C 50,372 (S.D. Tex. 2011), the U.S. district court held that a partnership did not exist between an energy company (the 'Company') and a [...]

In the recent case of Sim v Howat & McLaren [2011] CSOH 115, the Commercial Court of the Court of Session has undertaken a detailed examination of Partnership Law in [...]

Edited by Mark L. Siegel Contents Volume 9, Issue 34: GAAR Case Comment: Landrus (FCA) - Economic Substance, Privilege and Proper Behaviour Volume 9, Issue 35: Failure to Complete Voluntary [...]