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Litigation and Alternative Dispute Resolution

Report to IRS Is Required for Sales Not Paid by Personal Check or Bank Wire

Contact: Carlos Marin; Spencer Fane Britt & Browne LLP (Missouri, USA)

Federal regulations make most aircraft sellers subject to mandatory reporting requirements when they are involved in transactions of more than $10,000. Since a failure to report may trigger both civil and criminal penalties, aircraft dealers should be aware of the need to comply with these requirements...

Challenges to the Validity of Erroneously Signed Wills

Contact: Emma Butcher; Contact: Clarkslegal LLP (Reading, England)

A recent decision of the Supreme Court has confirmed that the courts will now take a more flexible approach to the rules which apply to the signing of wills.

In 1999 Mr and Mrs Rawlings instructed their solicitor to prepare identical wills which left everything to each other on the first death, and on the second death everything to Mr Marley, who they treated as a son but was not a blood relation. However, due to a mix up when they attended their solicitor’s office to execute the wills, Mr Rawlings signed Mrs Rawlings’ will and vice versa...

Proposed Amendments to the Federal Rules of Civil Procedure – Comment Period Closes February 15, 2014

Contact: Joseph M. Russell; von Briesen & Roper, s.c. (Wisconsin, USA)

On August 15, 2013, proposed amendments to the Federal Rules of Civil Procedure were released to the public for a six-month comment period. These amendments, if approved, will significantly limit the scope and cost of discovery. They will also limit sanctions for the failure to preserve discoverable information and speed up the early stages of litigation...

Law Applicable to Agency Agreements Reconsidered

Contact: Emma Butcher; Clarkslegal LLP (Reading, England)

A recent decision of the European Court of Justice (United Antwerp Maritime Agencies (Unamar) NV v Navigation Maritime Bulgare) has cast doubt on the law which will be applicable to commercial agency agreements where the parties are located in separate EU member states. This has potentially significant implications for the freedom of principals and agents to choose the law which will apply to their agreements, in circumstances where some EU member states grant greater protection to agents than others...

A Contract Made in Two Jurisdictions?

Contact: Adam Knee; Clarkslegal LLP (Reading, England)

In many disputes between parties based in different jurisdictions, one of the key battles will be over the place in which a dispute should be heard. This tactical battle will involve pragmatic considerations, such as convenience, cost and the presence of assets in a particular jurisdiction against which any subsequent judgment can be enforced. There may also be concerns about whether both parties will receive a fair hearing...

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