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Thinking - Blog

Anonymisation of parties in matrimonial proceedings

Published on 10 Jan 2011. By Keith Mathieson, Partner

The Court of Appeal has lifted an order by a family court judge which directed that the parties to the proceedings should be anonymised.

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Thinking - Blog

Model Articles deemed unsuitable for sole director companies

Published on 24 May 2022. By Rupert Wyles, Senior Associate

A recent decision of the High Court in Hashmi v Lorimer-Wing [2022] EWHC 191 (Ch) has suggested that the model articles for private companies are not suitable for companies with a sole director appointed.

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Thinking - Blog

Commercial Court cracks down on crypto-fraudsters (if it can find them)

Published on 18 Feb 2021. By Dan Wyatt, Partner and Christopher Whitehouse, Of Counsel and Becky Baker , Associate

In the first initial coin offering 'ICO' fraud case before the Commercial Court, Ion Science Limited & Duncan Johns v Persons Unknown & Ors, the court granted permission to serve disclosure orders on two cryptocurrency exchanges through which the claimants' stolen bitcoin had been traced, granted a world-wide freezing order against persons unknown, and gave ground-breaking guidance on the lex situs of crypto-assets.

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Thinking - Blog

A licence to kill... a licence

Published on 11 Mar 2019. By Tim Anderson, Partner

In the second of a number of short articles we are producing in relation to businesses in the tech space, we will be discussing a real life example of what not to do when diligencing a tech company and its third party IP licence agreements.

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Thinking - Blog

New regulations to permit assignment of receivables under commercial contracts now in force

Published on 11 Jan 2019. By Edward Colville, Partner

After more than four years of consultation, draft regulations and revisions, the Business Contract Terms (Assignment of Receivables) Regulations 2018 (the Regulations) have now taken effect, and apply to all relevant contracts entered into on or after 31 December 2018.

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Thinking - Blog

Huawei and UK National Security - A new technology cold war?

Published on 11 Dec 2018. By Neil Brown, Partner and Charles Buckworth, Partner

Chinese technology giant, Huawei, has been making plenty of headlines recently. First, a number of Western governments (including the US, Australia and New Zealand) have banned Huawei equipment from being used in 5G networks, citing national security concerns. Next, Huawei's CFO was arrested in Canada in connection with alleged breaches of international sanctions.

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Thinking - Blog

Drones: don't fly out of bounds (legally)

Published on 27 Jul 2016.

Various commercial industries have already woken up to the myriad opportunities offered by drone technologies. Whilst the regulatory regime evolves, it is important that companies don’t fall foul of the law.

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Thinking - Blog

Privacy developments – looking back and looking forward

Published on 19 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and Jon Bartley, Partner and Joe Lippitt, Partner and Praveeta Thayalan, Senior Knowledge Lawyer

In this article, we give you a high-level snapshot of the key data protection and privacy developments in the UK and EU in 2024 as well as developments we anticipate for 2025.

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Thinking - Blog

The EU's Cyber Resilience Act: 10 on the 10

Published on 10 Dec 2024. By Richard Breavington, Partner and Dorian Nunzek, Trainee Solicitor

Today the EU's Cyber Resilience Act (Regulation (EU) 2024/2847) ('CRA') enters into force. The CRA recognises that the continuously evolving world of smart products is frequently challenged by vulnerabilities which can potentially lead to cyber-security incidents. Whilst most of the Act's obligations will not be applicable until three years from now, 10 December is the day when the EU takes a big step towards it's ten-year Cybersecurity Strategy. To mark the occasion, we have outlined ten key points that entities in scope must be aware of in preparation for compliance with the CRA.

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Thinking - Blog

New Data (Use and Access) Bill

Published on 26 Nov 2024. By Jon Bartley, Partner and Praveeta Thayalan, Senior Knowledge Lawyer

What does the new Data (Use and Access) Bill (the Data Bill) mean for businesses?

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Thinking - Blog

Digital operational resilience: the UK regulatory landscape

Published on 15 Nov 2024. By Richard Breavington, Partner

Operational Resilience in the supply chain has become an undeniable priority for all financial service providers across the continent.

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Thinking - Blog

The EU Cyber Resilience Act targets digital components made available in the EU market throughout the entire supply chain of a product

Published on 28 Oct 2024. By Elizabeth Tucker, Associate and Lauren Kerr, Associate

Last month, the EDPB published their "Guidelines on Examples regarding Personal Data Breach Notification" (the Guidelines). These are intended to provide "practice-oriented, case-based" guidance on when it is necessary to notify the relevant supervisory authorities (the SA) under Article 33(1) of the GDPR and/or data subjects under Article 34(1) of the GDPR following a personal data breach.

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Thinking - Blog

ICO Processor fine – the ICO's approach to assessing technical standards and its impact

Published on 20 Aug 2024. By Daniel Guilfoyle, Partner

The ICO recently confirmed its provisional decision to fine Advanced Computer Software Group £6.09 million following a data breach that it suffered in 2022.

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Thinking - Blog

How will the "Genny lec" impact the world of cyber and tech?

Published on 24 Jun 2024. By Rachel Ford, Partner

On 22 May 2024, Prime Minister Rishi Sunak stood in the pouring rain to announce a General Election, thus commencing a summer of political and meteorological uncertainty for those in the UK.

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Thinking - Blog

2024 Amendments to the Cybersecurity Act 2018

Published on 19 Jun 2024. By Nick Lauw, Partner and Pu Fang Ching, Senior Associate

The Cybersecurity Act 2018 (the "Act") first came into force more than 6 years ago to establish a legal framework for the oversight and maintenance of national cyber security in Singapore.

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Thinking - Blog

Providing the identity of third-party recipients of personal data to a data subject – helpful guidance from the High Court

Published on 13 Jun 2024.

The High Court has handed down a helpful judgment for data controllers responding to data subject access requests which analyses the circumstances in which it may be appropriate for a data controller to withhold the identities of third parties who have been provided with a data subject's personal data.

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Thinking - Blog

Fines for PDPA Breaches: How Clear is the Crystal Ball?

Published on 16 Nov 2023. By Nick Lauw, Partner and Pu Fang Ching, Senior Associate

The Singapore Personal Data Protection Commission ("PDPC") has recently issued a number of new enforcement decisions.

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Thinking - Blog

Changes to the One Stop Shop

Published on 09 Oct 2023. By Richard Breavington, Partner

In July 2023 the European Commission issued a Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679 (the 'GDPR' Regulations).

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Thinking - Blog

Cloud computing in business: A silver lining?

Published on 07 Mar 2023. By Alexandra Prato, Associate

Cloud computing is a resource that businesses have rapidly adopted as a major step towards completing their digitalisation.

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Thinking - Blog

RPC Law x Web3: Gambling regulations – Don't Play Games of Chance with the Law

Published on 22 Feb 2023. By Nick Lauw, Partner and Pu Fang Ching, Senior Associate

This is part of a series of RPC x Web3 articles designed to help Web3 participants and enthusiasts understand their rights in this rapidly evolving space.

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Thinking - Blog

Snapshot on key 'green claims' developments

Published on 17 Feb 2023. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

As consumers increasingly demand more sustainable products, businesses are innovating to reduce their environmental impact. This has driven an increase in the use of 'green' marketing claims and, with it, increased scrutiny by consumer regulators seeking to protect consumers from the risk of 'greenwashing'. Significant developments are ongoing in this area, both in the UK and the EU.

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Thinking - Blog

Protests on the rise – are you covered?

Published on 30 Jan 2023. By Edward Colville, Partner and Peter Mansfield, Partner and Sally Lord, Knowledge Counsel – Insurance and Litigation

With public focus on political issues running high, the possibility of protests interrupting your business should be on every retailer and consumer brand's risk management agenda.

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Thinking - Blog

Lifting the veil on cyber threats for retailers

Published on 12 Jan 2023.

Almost all UK businesses (approximately 98%) now operate online in some capacity, benefiting hugely from an increased use of online websites, social media accounts, and online banking

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Thinking - Blog

The NIS Regulations to expand to bring outsourced IT providers and managed service providers into scope

Published on 05 Jan 2023. By Richard Breavington, Partner

The UK's Network and Information Systems ("NIS") Regulations came into force in May 2018 to boost the level of security of network and information systems for the provision of essential services, such as transport, energy, water, health and digital infrastructure ("operators of essential services (OES)"). These Regulations also applied to digital services, such as online marketplaces, online search engines and cloud computing services ("relevant digital service providers (RDSPs)").

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Thinking - Blog

RPC Law x Web3: If There's Something Strange in the Web3 World, Who You Gonna Call?

Published on 06 Dec 2022. By Nick Lauw, Partner and Yuankai Lin, Partner

"And the way we win is by creating a new, democratic, decentralised internet, one where the behaviour of companies like this will be impossible forever. One where it is the users, not the kings, who have sovereign control over their data." - Richard Hendricks, in the HBO TV Series "Silicon Valley", portrayed by Thomas Middleditch

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Thinking - Blog

RPC Law x Web3: Considerations for NFT Founders Building Communities and Providing Utility to Holders

Published on 09 Nov 2022. By Nick Lauw, Partner

In the past when one purchased an NFT, the only expectation was that he, she, or they was purchasing rights in an asset (usually a digital artwork).

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Thinking - Blog

RPC Law x Web3: Ownership of Digital Assets in Web3

Published on 27 Sep 2022. By Nick Lauw, Partner

This is the inaugural part of a series of articles relating to legal issues around Web3. Over the course of the next few months, will hope to provide you with some thoughts and insights on the areas of Web3 where potential legal issues may arise based on current laws.

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Thinking - Blog

EDPB guidelines on personal data breach notifications

Published on 14 Feb 2022. By Richard Breavington, Partner and Elizabeth Zang, Associate

Last month, the EDPB published their "Guidelines on Examples regarding Personal Data Breach Notification" (the Guidelines). These are intended to provide "practice-oriented, case-based" guidance on when it is necessary to notify the relevant supervisory authorities (the SA) under Article 33(1) of the GDPR and/or data subjects under Article 34(1) of the GDPR following a personal data breach.

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Thinking - Blog

The Supreme Court hands down judgment in Lloyd v Google

Published on 10 Nov 2021. By David Cran, Partner, Head of Disputes

In a keenly anticipated judgment that has significant ramifications for UK data protection, the Supreme Court has today overturned the Court of Appeal's decision in Lloyd v Google and restored the original order made by the High Court, refusing the claimant's application for permission to serve proceedings on Google outside the jurisdiction.

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Thinking - Blog

Case comment: striking out of privacy and confidence actions in the Dixons data breach case

Published on 10 Aug 2021.

The number of claims issued in the High Court (Media and Communications List) with a data protection element continues to increase. The rise in claim numbers can be attributed to a number of factors including: (i) individuals becoming more aware of their rights under data protection legislation, (ii) uncertainty as to whether individuals may recover damages for a loss of control of their personal data without proving material damage or distress; (iii) the abundance of specialist law firms who are prepared to act for individuals on a "no-win-no-fee" basis and (iv) the availability of After the Event ("ATE") insurance to protect a would-be claimant against adverse costs orders.

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Thinking - Blog

Schrems II – Groundhog Day for Data Transfers

Published on 17 Jul 2020.

On Thursday 16 July, the Court of Justice of the European Union (“CJEU”) delivered its judgment in one of the most highly anticipated court cases in data protection, Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (widely referred to as “Schrems II”). This decision came almost 8 months after Advocate General Saugmandsgaard Øe published his Opinion, which albeit not binding, provided a strong indication for the CJEU's judgment.

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Thinking - Blog

Restarting your business and implementing Government guidance to support NHS Test and Trace

Published on 02 Jul 2020. By Jon Bartley, Partner

In its latest guidance on keeping workers and customers safe during COVID-19 in restaurants, pubs, bars and takeaway services (23 June 2020), the Government has recommended that businesses operating in these sectors keep a temporary record of customers and visitors for 21 days. This will assist NHS Test and Trace with requests for that data if needed.

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Thinking - Blog

No Deal Brexit – implications for data and privacy law compliance

Published on 17 Oct 2019. By Jon Bartley, Partner and Richard Breavington, Partner

The Brexit rollercoaster ride continues. At the time of writing, the UK and EU have just announced the agreement of a new withdrawal deal but there are serious doubts about whether it will be backed by Parliament. Despite the requirements of the Benn Act, the risk of the UK leaving the EU without a deal continues to be a concern.

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Thinking - Blog

High Court refuses to strike out a misrepresentation claim arising from a draft disclosure letter

Published on 20 Jun 2025. By Jess Hope, Associate

Disclosure letters play a critical role in share purchase transactions. They allow sellers to qualify the warranties provided in the share purchase agreement by disclosing specific facts about the target company. Typically, these letters are not seen as a source of actionable representations, as their primary purpose is to limit the seller’s liability. However, a recent decision of the High Court in Veranova Bidco LP v Johnson Matthey plc [2025] EWHC 707 (Comm) has challenged this assumption, suggesting that statements made in disclosure letters — even in draft form — could potentially give rise to misrepresentation claims.

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Thinking - Blog

Chairing your AGM with confidence: Eight practical steps for running successful PLC meetings

Published on 21 May 2025. By Connor Cahalane, Partner - Corporate and Karen Hendy, Partner, Head of Corporate & Commercial and James Channo, Partner and Rosamund Akayan, Senior Knowledge Lawyer

For UK-listed PLCs, AGMs and general meetings aren’t just procedural milestones; they are legal events governed by detailed rules, which come with shareholder expectations and reputational risks.

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Thinking - Blog

Signed, sealed, (but not) delivered: why email wasn’t enough in Hughes v CSC

Published on 01 May 2025. By Matt Ward, Associate

Whilst notice provisions may not form the basis of commercial negotiations between parties to sale and purchase agreements, failure to consider the practical requirements of these clauses can have stark consequences. In the recent High Court decision of Hughes v CSC Computer Sciences Limited, earn out calculations were found not to have been validly served because they did not comply with contractual notice requirements. This case serves as an important reminder for transaction parties to ensure that notice requirements are carefully complied with.

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Thinking - Blog

PISCES: New platform for intermittent trading of shares in unquoted companies

Published on 10 Apr 2025. By Janice Chan, Senior Associate

The Private Intermittent Securities and Capital Exchange System (PISCES) is a new initiative by the UK government, with support from the Financial Conduct Authority (FCA) and the London Stock Exchange, to enable private company shareholders to trade their shares on an exchange without the company going fully public.

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Thinking - Blog

Leveraging ABC frameworks for ESG compliance

Published on 06 Mar 2025. By Kelly Thomson, Partner, ESG Strategy Lead and Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead and Thomas Jenkins, Of Counsel and Sarah Barrie, Associate and Eve Matthews, Associate

With ESG regulations evolving rapidly, businesses are facing increasing obligations, ranging from supply chain due diligence (CSDDD, EU Deforestation Regulation) to corporate reporting (CSRD, ISSB).

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Thinking - Blog

Model Articles again deemed suitable for sole director companies

Published on 26 Feb 2025. By Rupert Wyles, Senior Associate

A recent decision of the High Court in Re KRF Services (UK) Ltd [2024] EWHC 2978 (Ch) has provided further and stronger authority that the model articles for private companies are suitable for companies with a sole director appointed, clarifying the position following recent cases on this subject.

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Thinking - Blog

FCA consults on new reporting obligations for (i) incidents and (ii) third party arrangements

Published on 16 Jan 2025. By Mark Crichard, Partner and Nigel Wilson, Of Counsel and Praveeta Thayalan, Senior Knowledge Lawyer

On 13 December 2024, the FCA published consultation paper CP24/28 (the CP) on proposals for firms to report on operational incidents and, separately, on material third party arrangements. The CP mirrors similar proposals put forward by the PRA and Bank of England on the same day and is designed to align with current international standards (e.g. the EU Regulation on digital operational resilience (DORA)).

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Thinking - Blog

Corporate transparency reforms: what comes next?

Published on 20 Dec 2024. By Ella Shanks, Senior Associate

Last year, we reported on the impact of the Economic Crime and Corporate Transparency Act 2023 (the Act), which introduces the biggest changes to Companies House since corporate registrations were established in 1844. Companies House has now issued a transition plan for implementation of the Act, summarising the changes which have already been brought into effect and laying out Companies House's timing expectations for implementation of the remaining updates, including those relating to identity verification.

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Thinking - Blog

Take notice: Court of Appeal reverses High Court decision on validity of notice of warranty claim

Published on 11 Nov 2024. By Rosamund Akayan, Senior Knowledge Lawyer

Last year we reported on the High Court's decision in Drax Smart Generation Holdco Limited v Scottish Power Retail Holdings Limited [2023] EWHC 412 (Comm) that a purchaser's breach of warranty claim under a share purchase agreement (SPA) was time-barred by a clause that required the purchaser to notify its claim before a specified date "stating in reasonable detail the nature of the claim and the amount claimed (detailing the Buyer's calculation of the Loss thereby alleged to have been suffered)".

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Thinking - Blog

Autumn Budget 2024 – Main tax announcements

Published on 04 Nov 2024. By Ben Roberts, Partner and Rachel Stanley, Associate

The Chancellor, Rachel Reeves, delivered the Autumn Budget 2024 on Wednesday 30th October. In doing so, she made the first set of Budget announcements by a Labour Government since 2010. This year's Budget was one of the most eagerly awaited for some time. In terms of the breadth of announcements, it did not disappoint.

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Thinking - Blog

Government consults on regulation of Buy-Now Pay-Later products

Published on 25 Oct 2024. By Whitney Simpson, Of Counsel and Lucy Hadrill, Associate

In 2021, HM Treasury announced its intention to regulate certain unregulated buy-now pay-later (BNPL) products in the UK. This followed recommendations made in the Woolard Review which raised concerns about the increased use of BNPL products during the pandemic and the significant risk that these unregulated credit products could cause consumer harm.

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Thinking - Blog

FCA consults on changes to the payments safeguarding regime

Published on 24 Oct 2024. By Whitney Simpson, Of Counsel and Lucy Hadrill, Associate

Under the Payment Services Regulations 2017 (PSRs) and the E-Money Regulations 2011 (EMRs) payment institutions (PIs), electronic money institutions (EMIs), small EMIs and credit unions are required to protect "relevant funds" which they receive when making a payment or in exchange for e-money that has been issued. Current safeguarding requirements are set out in the PSRs and EMRs, with guidance contained in the Financial Conduct Authority's (FCA) Approach Document.

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Thinking - Blog

UK National Security Screening: NSIA Annual Report 2023-24

Published on 22 Oct 2024. By Josh Smith, Senior Associate

On 10 September 2024, the Government published its third Annual Report (Report) into the acquisition and investment screening regime established by the National Security and Investment Act 2021 (NSIA), covering the year from 1 April 2023 to 31 March 2024. With very limited information regarding cases reviewed under the NSIA regime being publicly available, the Report provides useful colour and insight around the current application of the regime by the Government's Investment Security Unit (ISU) (which administers the operation of the NSIA) and potential trends.

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Thinking - Blog

Final UK listing rules: modified transfer process for issuers in transition category

Published on 14 Aug 2024. By Janice Chan, Senior Associate

On 11 July 2024, the FCA published the final UK Listing Rules (UKLR) which came into effect on 29 July 2024 (Implementation Date). The UKLR are broadly in line with the FCA's previous proposals.

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Thinking - Blog

UK government updates NSIA market guidance and statement on call-in powers

Published on 10 Jul 2024. By Yexi Tran, Senior Associate

Recent developments such as the removal of Huawei from the UK's 5G networks and President Biden's 2023 executive order on outbound investment in sensitive technologies have brought into focus potential national security risks arising from global trade and investment.

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Thinking - Blog

Covered: Insurance regulation – Asia edition

Published on 16 Jun 2023. By Andrew Carpenter, Partner and Heidi Ng, Associate

Covered: Insurance regulation – Asia edition

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Thinking - Blog

10 Practical Tips for Navigating the W&I Underwriting Process

Published on 12 Jun 2023. By Charmaine Chew, Senior Associate

Warranty and indemnity (W&I) insurance provides cover for losses arising from a breach of warranty, or a tax deed claim, in connection with a merger or acquisition (M&A) transaction. The use of W&I insurance offers significant advantages (such as allowing the seller to make a clean exit, and helping to maintain the relationship between the parties), and as such, is becoming an increasingly common feature of M&A transactions.

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