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Publications

Throughout the year, we analyse a number of topics to provide expert insight into the world of offshore transaction and court decisions. Read our latest publications below.

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Appleby-Website-Privacy-and-Data-Protection
5 Dec 2024

Digital identity services in Bermuda

There is steep demand for the ability to authenticate a person’s identity through the use of a trusted repository of their digital information.

Appleby-Website-Privacy-and-Data-Protection
28 Nov 2024

Augmented Advocacy Series (Bermuda): Copyright infringement in the age of AI

Artificial intelligence is revolutionising the way that humans solve problems and create.

The Exception To The Rule: Stricter Test Applies Where Granting An Interlocutory Injunction Would Shut Out Trial
21 Nov 2024

Privy Council clarifies Cayman Islands law on shareholder standing to bring personal claims against a company alleging that shares were allotted for an improper purpose

In a recent decision, overturning the Cayman Islands Court of Appeal, the Privy Council has provided some welcome certainty in the Cayman Islands regarding the circumstances in which shareholders have standing to bring personal claims against a company to challenge an improper exercise of power by the company’s directors.

Appleby-Website-Employment-and-Immigration
19 Nov 2024

When and how to vary a Bermuda contract of employment

A contract of employment is a legal agreement that sets out the terms and conditions of an employee’s work and which, once agreed, cannot be unilaterally altered or varied by either party without the mutual agreement of both the employer and the employee. Under s.6 of the Employment Act 2000, a “statement of employment”, aka a contract of employment, must be provided to all those who meet the statutory definition of employee. An employee is “a person who is employed wholly or mainly in Bermuda for remuneration under a contract of employment” but not someone who is a contractor or who falls into the list of exceptions at s.4(2) of the Employment Act 2000.

Appleby-Website-Arbitration-and-Dispute-Resolution
14 Nov 2024

Legal 500: A Comparative Guide to International Arbitration

A Legal 500 Guide to Arbitration provides a country specific Q&A overview of international arbitration laws and regulations applicable in the Cayman Islands.

Technology and Innovation
8 Nov 2024

When non-tech companies buy IT

Generally, there are three categories of information technology buyers: non-technology enterprises, non-IT technology companies and IT technology companies. Each category of IT buyer is very different.

The Exception To The Rule: Stricter Test Applies Where Granting An Interlocutory Injunction Would Shut Out Trial
7 Nov 2024

Charting New Territory: How England’s Digital Assets Framework Can Guide Cayman Islands Law

The Law Commission of England and Wales’ Supplemental Report entitled “Digital Assets as Personal Property” and the resultant Property (Digital Assets etc) Bill (currently proceeding in the House of Lords) aims to introduce a significant ‘third category’ of personal property, capable of accommodating the complexities and unique nature of digital assets. The Supplemental Report and Bill serve as a valuable point of reference for the Cayman Islands, guiding our approach to digital property rights within an evolving financial landscape. This article will examine how these developments can assist Cayman’s legal framework and market opportunities.

Appleby-Website-Privacy-and-Data-Protection
29 Oct 2024

Augmented Advocacy Series (Bermuda): PIPA and Anonymisation

With the Personal Information Protection Act 2016 (PIPA) coming into force on January 1, organisations in Bermuda face the critical challenge of balancing stringent data protection requirements with the increasing demand for data-driven information systems.

050-Insolvency-Restructuring-Grid-Image
15 Oct 2024

Insolvency: Bermuda

In-Depth: Insolvency (formerly The Insolvency Review) offers an incisive review of the most consequential features of the insolvency laws and procedures in key jurisdictions worldwide. It also examines the practical implications of recent market trends and insolvency case developments.

Appleby-Website-Insurance-and-Reinsurance
10 Oct 2024

Recovery planning for commercial insurers

New rules released by the Bermuda Monetary Authority aim to equip certain insurers with a structured approach to prepare for various adverse situations before they escalate into severe stress conditions.

Appleby-Website-Fraud-and-Asset-Tracing
9 Oct 2024

Court of Appeal clarifies the merits threshold for the grant of freezing injunctions

What is a “good arguable case”? Alan Bercow looks at the Court of Appeal decision in Isabel dos Santos v Unitel SA [2024] EWCA Civ 1109 which has clarified the law on the applicable merits threshold for obtaining a freezing injunction.

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Throughout the year, we analyse a number of topics to provide expert insight into the world of offshore transaction and court decisions. Register to receive these updates straight to your inbox.