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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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Funds & Investment Services
30 Nov 2024

A Cayman Islands Overview of Alternative Funds

Geopolitics, macroeconomic trends, and increased regulation have continued to shape the environment for alternative investment funds. Meanwhile, the Cayman Islands continues to be recognised worldwide as an international financial centre of the highest calibre and remains one of the most popular offshore jurisdictions for fund formation.

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.

IOM
25 Nov 2024

Guide to Gambling Law in the Isle of Man 2025

Appleby's guide to gambling law in the Isle of Man provides an overview of gambling laws and regulations in the jurisdiction – including relevant authorities and legislation, the application process for licences across gaming, betting and online gambling, licence restrictions, digital media, enforcement, liability and anticipated reforms.

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

Cyber & IT Security Law and Regulation Guide 2025: Bermuda

By the end of the last decade, the incidence rate of cybercrime, ransomware attacks and online security threats had escalated to levels where legislators and regulators around the world were stepping up the nature and quality of laws and regulation that were being specifically designed to address those governance and risk management challenges.

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.

TechTalkGrid
29 Oct 2024

Podcast: BITA: The Evolving Ecosystem of Digital Assets

Appleby speaks with Bermuda Innovation and Technology Association (BITA) members about BITA and the “big tent” technology community in Bermuda. Listen to the latest podcast now.

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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.