Richik Sarkar’s Post

Rachel Rothwell: CJC Review’s Recommendations Expected to be ‘Considered, Comprehensive and Workable’ An opinion piece in the latest edition of The Law Society Gazette magazine sees Rachel Rothwell explore the question of whether litigation funders should be worried about the upcoming Civil Justice Council (CJC) review of third-party funding in the UK. As Rothwell points out in her introduction, the CJC review is unlikely to see the prolonged timelines of similar reviews we have seen abroad, as the CJC has been tasked to deliver its final report by the summer of 2025. She also suggests that the CJC “will not be starting from scratch”, given that one of the working group’s members, Mrs Justice Cockerill, has a pre-existing involvement in an ongoing research project looking at this topic for the European Law Institute (ELI). https://lnkd.in/eT9a9SuS #litigationfunding #litigationfinance #litfin #legalfunding #legalfinance #regulatory

❓Do you ever wonder how climate change is going to impact law❓ 💡And when I say ‘law’, I mean specific areas of law: ▶️ criminal law ▶️ corporate law ▶️ planning law ▶️ employment law ▶️ immigration law ▶️ ... etc. you name it. 💡If so, Law and Climate Atlas published by the Centre for Climate Engagement at the University of Cambridge is a place for you! 💡This emerging database provides a comprehensive overview of the impacts of climate change on different areas of legal practice. And it keeps growing in its scope! 👇Have a look at your practice area and let me know if your law firm provides adequate upskilling for you to be able to provide climate-wise advice - if not what should this look like? #climatechange #climaterisk #climatelitigation #corporatesustainability #law #lawyers https://lnkd.in/eQXe9c8e

Advocates and essentials in the novel world of judgments and multiple specialties : economics lies at the baseline of policy analysis in anti-competitive legislation. To that discipline, it is necessary to add a sophisticated study of business. Canada has just passed amendments to its Competition Act ( as explained here by the firm in which I was a lawyer and Chair for over 45 years). The potential impact of the additions in interventions in business activity and discipline in market behaviour are profound. Two points: (1) on policy, will these amendments be a proper and healthy impact on domestic and foreign business in Canada , having regard to the competitive structures also affecting international enterprise and regulation? (2) the increase in private civil litigation requires an appreciation of novel causes of action, thereby requiring careful study among all lawyers involved in corporate transactions and civil litigation. In my experience as counsel to the Competition Bureau and the Minister of Justice and energy regulation for Ministers of Energy and the Ontario Energy board, there is a dynamic and challenging relationship among regulatory legislation impacting business, economics, legislation, regulatory board perspectives and real world business. Creativity with deep knowledge is essential. One of our finest lawyers in this regard was Neil Finkelstein. A Blakes, Davies and McCarthy’s barrister, he was an accountant, then lawyer who clerked for the Chief Justice of Canada, Bora Laskin. With Cal Goldman, Canada’s first head of the Competition Bureau, they designed and implemented the first major “efficiencies” defence to a major Bureau challenge to a proposed merger in the propane industry. This defence was eliminated in the recent amendments but the brilliance lying behind the efficiencies defence success required all of Neil’s experience in law, business, accounting and economics. This success is an example and guidepost for training and experience in our time for young lawyers. The world is highly sophisticated and rapidly becoming more so with a suite of radical changes happening at Mach speed in AI. The challenge is experience in the worlds of enterprise, regulation, economics, accounting and law and a grounded sense of business, technology and government in action in Canada and worldwide. Such a demanding and inspiring vista for the present and future of lawyers.

TCA Tanoira Cassagne Abogados has announced the appointment of Ignacio Criado Diaz and Ignacio Gonzalez Zambón as new partners of the firm in the areas of Banking and Finance and Capital Markets Law, as well as Administrative Law and Environmental Law, respectively. Read the full article >> https://lnkd.in/dumKBNVM #TheLatinAmericanLawyer #announcement #newpartners #lawyers

https://lnkd.in/dDqpHkmG AUSTRALIA <<Final Guidance On Environmental Claims Includes Principles To Guide Business: On December 12, 2023, the Australian Competition and Consumer Commission (ACCC), an independent Commonwealth statutory authority, announced eight principles intended to help businesses ensure their environmental marketing and advertising claims “are clear and accurate, and do not mislead consumers.” ACCC states that the principles comprise its final guidance on environmental claims, which sets out the ACCC’s view of good practice when making environmental claims, as well as making businesses aware of their obligations under the Australian Consumer Law.>> #Australia #competition #ACCC #marketing #consumer #law #standards

The final (and most comprehensive) legislative bill in Canada’s competition law reform process – Bill C-59 – has now become law. Through Bill C-59 and preceding legislative amendments (Bill C-19 and Bill C-56), competition policy, enforcement and litigation in Canada is expected to change dramatically. This Fasken blog post provides a comprehensive recap of these amendments, with salient takeaways for business. Please also make use of the resources on Fasken’s blog portal (via the Competition Chronicle), which contains a number of thought leadership and practical pieces regarding all the Competition Act amendments and their implications.   https://lnkd.in/gnjJBaz9 #competitionlaw #antitrust #consumerprotection #greenwashing #CompetitionAct Chris Margison Robin Spillette Huy Do

The new Competition Act has standalone #greenwashing provisions. See my partner Antonio Di Domenico’s #fasken bulletin on the new changes to the Competion Act. “The Bills include a stand-alone greenwashing prohibition intended to address unsubstantiated environmental claims, whether relating to “a product’s benefits for protecting or restoring the environment or mitigating the environmental, social and ecological causes or effects of climate change” or “the benefits of a business or business activity for protecting or restoring the environment or mitigating the environmental and ecological causes or effects of climate change”. A person making an environmental claim must ensure that the claim is supported by “an adequate and proper test” or “adequate and proper substantiation in accordance with internationally recognized methodology”, the proof of which lies on the person making the claim.”” #esg

Canada: A New Dawn for Competition Law and Enforcement as Bill C-59 Passes: On 20 June 2024, Bill C-59, The Fall Economic Statement Implementation Act, 2023 ("Bill C-59"), which contains the final, and most significant in a series of, amendments to Canada's Competition Act (the "Act") came into effect. These amendments will make it easier for the Commissioner of Competition to take enforcement action, including by introducing structural presumptions in merger review, incentivize private parties to bring actions for all manner of civilly reviewable conduct, and broaden the scope of the Act by introducing a certificate regime for environmental competitor collaborations and a right to repair, among other things. The post Canada: A New Dawn for Competition Law and Enforcement as Bill C-59 Passes appeared first on Global Compliance News. -via @bakermckenzie

Rethinking group litigation in the UK as Pogust Goodhead and the Corporate Justice Coalition appealed to MPs at the Houses of Parliament. Yesterday, I attended this appeal, where the main message was that the UK’s legal system doesn’t allow victims of large environmental or human rights disasters proper access to justice. I enjoy writing about climate litigation successes, but these first-hand experiences of a law firm at the forefront of climate litigation are much more crucial for continued sustainable success in this space. Currently, victims face significant challenges in pursuing legal claims. Despite their pressing need, few cases are resolved due to various hurdles, including weak laws, procedural roadblocks, and financial constraints. Weak Laws and Procedural Issues: ▶ English law has yet to adapt adequately to the complexities of group litigation. ▶ Especially in environmental cases, time is of the essence. Lengthy legal procedures often hinder urgent action, exacerbating environmental harm and harm to people. ▶ Group litigation in the UK is described as a “bureaucratic nightmare” for applicants. It’s also a system that corporate defendants can easily abuse. ▶ The burden of proof usually falls on the shoulders of the already-disadvantaged applicant, while corporations with vast resources remain frustratingly tight-lipped about crucial data. Financial Constraints: ▶ The vast financial resources at the disposal of corporations create a significant imbalance in legal battles against individual consumers. ▶ Pogust Goodhead’s representatives highlighted that their Mariana Dam disaster case, the biggest UK group litigation ever, would not have been possible without third-party litigation financing. Suggested Changes: ▶ The Corporate Justice Coalition suggests the UK needs a legal framework for human rights and environmental violations modelled after the Bribery Act 2010 and Criminal Finances Act 2017. ▶ Standing rights were addressed comprehensively, arguing that we need stronger rights not just for individuals to bring cases, but also for natural bodies as recognised legal persons. ▶ The overall call was for procedural constraints and weak laws to be addressed. As a result of limited access to justice, the current systems leave many individuals without recourse, perpetuating a cycle of injustice. This can have a ripple effect, harming the environment, weakening consumer protections, and ultimately eroding public trust in the fairness of the system. #ClimateLitigation #LitigationFinance #AccesstoJustice #HumanRights

Elevate your career with insights from industry leaders! Join me and the Irvine Rotary for an expert panel discussion on Law and Business, covering key areas: Entertainment, International, Environmental, and Intellectual Property Law. See you there! Christopher Skorina Anabella Bonfa #Entertainmentlaw #EntertainmentLaw #RotaryClub