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Sub practice
Sub practice

Corporate Disputes and Corporate Governance

Our Corporate Litigation and Governance practice is recognised for protecting clients' interests across the full range of contentious issues that businesses may encounter, whether we're handling complex international issues or small local matters.

Much of our work involves corporate disputes such as breach of contract and warranty cases, disputes over the proper construction of agreements, shareholder disputes, disputes over joint ventures, and post-mergers and acquisitions disputes. In addition, we regularly advise on corporate governance related litigation, for example, shareholder activism battles, disputes on public take-over bids and squeeze-out procedures. We recognise that prevention is better than cure and regularly advise clients on risk management issues.

We know that corporations today want lawyers who understand their business and we take the time to do just that, combining sector expertise with a broad geographical reach. Our experience shows us a large number of corporate transactions trigger litigation and require support in the preparatory and execution phases. We appreciate that an approach to a particular legal problem needs to be not only the best solution to that specific problem but also one that does not harm other aspects of the client's business.

Our experience enables us to find practical and tailored solutions to the problems of international corporate clients as well as smaller enterprises across all industry sectors.

News & insights

Empty chairs around an office conference desk

Publications: 11 DECEMBER 2019

Australia proposes robust new foreign bribery laws

On Monday 2 December, the Australian Government introduced into the Senate the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019 (Cth) (“Foreign Bribery Bill”). This Bill proposes to fundamentally shift the criminal liability landscape for corporations with respect to foreign bribery

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UK Consultation

Publications: 26 JULY 2019

UK consultation on enhancing modern slavery statements: beyond minimum compliance

The UK’s Modern Slavery Act 2015 (the Act) was heralded as the first legislation of its kind globally and is thought to have inspired a number of other governments to introduce their own supply chain transparency and due diligence laws. 

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building frame

Publications: 16 JULY 2019

Beyond Leniency: DOJ Antitrust Announces New Approach For Crediting Corporate Compliance Programs

Recent announcements from senior Antitrust Division officials have brought about sweeping policy changes that are likely to displace the corporate leniency program as the only potential benefit of prompt self-reporting and an effective compliance program.1 While details continue to emerge, the Antitrust Division appears to be readjusting its policy focus from one based on leniency alone to one that more fully incentivizes compliance, in line with the Department of Justice more broadly. This policy shift culminated on July 11, 2019 with a major speech by the Assistant Attorney General for Antitrust – titled Wind of Change: A New Model for Incentivizing Antitrust Compliance Programs – which solidified the Antitrust Division’s evolving position away from the “all-or-nothing” philosophy adopted by the long-standing corporate leniency program.  

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Publications: 02 OCTOBER 2018

Contracting with a foreign sovereign: capacity and authority

Ukraine v The Law Debenture Trust Corporation PLC [2018] EWCA Civ 2026  The second round of the legal battle between Russia and Ukraine over repayment of Eurobonds issued by Ukraine has ended with a victory for Ukraine: it can defend Russia’s claim for repayment on the grounds it entered into the Eurobond under unlawful duress exerted by Russia.  The Court of Appeal unanimously found that foreign sovereign states have unlimited capacity to contract which cannot be constrained by domestic law restrictions (constitutional or otherwise).  Any lack of compliance with internal restrictions is properly characterised as a question of authority, rather than capacity: counterparties will need to continue to be careful to ensure that they do not, and should not, have known of any lack of authority. The court also refused to imply terms into the Eurobonds on the basis that they were transferable financial instruments.  

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Compact contract

Wooden jenga blocks scattered across a table

A brief look at topical issues in contract law

A blog where experts from Allen & Overy analyse the latest contract law themes and developments, and what they mean for your business.