Division III Warns Potential Defendants: Denying a Clearly Valid Claim Could Mean You Owe Attorney’s Fees if You Get Sued

Since its adoption by the United States Supreme Court in 1796, the “American Rule” has been a bedrock principle of American law.1 The basis for the rule is the idea that it promotes access to the courts: potential litigants may be discouraged from pursuing their claims if losing would mean they had to pay the other […]

Read more

Success for RKKW Client: Court of Appeal Upholds Appeal Concerning Remuneration for Agency Agreement

The client of RKKW is an investment company. The client was sued by the broker for payment of remuneration under an agency agreement for the sale of shares in a limited liability company operating in the field of renewable energy sources. The dispute essentially concerned the interpretation of the provisions of the agreement with regard […]

Read more

Cross-Border Dispute Resolution with the Greater Bay Area

Hong Kong’s Role Hong Kong plays a key role in the development of the Greater Bay Area (“GBA”) and was identified in the GBA’s Outline Development Plan (“Outline Plan”) released in 2019 as establishing itself as a centre for international dispute resolution centre for the Asia-Pacific region as well as commercial disputes relating to Belt and Road […]

Read more

Hong Kong’s COVID-19 Vaccination Programme: Employer Considerations

The Hong Kong government has commenced implementation of a COVID-19 vaccination programme intended to cover all Hong Kong residents across the territory. Vaccinations are offered free of charge with the stated aim of safeguarding public health and helping to allow further easing of restrictions and a gradual return to normal life and activities. At this […]

Read more

Stop, Start, Change of Heart – Pulling out of an Employment Contract Between Acceptance and Commencement

The path between accepting a new job and commencing the new role should be simple. And in most cases it is. But there are significant implications if either party (individual or employer) changes its mind and decides not to proceed with the employment at some point between acceptance of the offer and the legal commencement […]

Read more

Rights and Wrongs in Wrongful Dismissal

Wrongful Dismissal in Hong Kong Termination of employment in Hong Kong is a sensitive issue, which has a direct impact on the welfare and emotions of those affected. Employees who face termination often feel ‘wronged’ by their employers, and their immediate response is to seek recourse for what they consider to be a ‘wrongful’ termination. […]

Read more

Melissa Fried Spence Joins Charleston Legal Access Board of Directors

Butler Snow attorney Melissa Fried Spence has joined the board of directors of Charleston Legal Access (CLA). The organization is a nonprofit, sliding-scale law firm dedicated to expanding access to legal services and rights in South Carolina to clients with moderate incomes. Learn more about CLA by clicking here. Spence, a member of Butler Snow’s Labor & Employment […]

Read more

Colman Coyle and “The Future for Children” Charitable Foundation became partners

We are pleased to share the good news: the English law firm Colman Coyle has joined our list of partners. This company is an example of an utmost dedication to helping the Ukrainian children in these very difficult times. No borders for kind hearts! The coordinator of our project – Oksana Lovochkina and the director of Colman Coyle – Oksana […]

Read more

United States v. Nathan Carman: Wire Fraud and Death of the High Seas

In September 2016, Linda Carman and her son, Nathan Carman, went on a fishing trip in Long Island Sound. Eight days later, Nathan, then age 22, was found floating in a life raft approximately 100 miles from where the mother and son had been fishing. According to Nathan, the Chicken Pox filled with water and […]

Read more

The court declared the resolution on profit distribution invalid as a result of RKKW’s client lawsuit

The Court of Appeal accepted RKKW’s arguments about the invalidity of the resolution of the shareholders’ meeting regarding profit distribution in the proceedings initiated by RKKW’s client against a limited liability company. RKKW’s client, a shareholder entitled to half of the shares in the company, filed a lawsuit against the company, in which he mainly […]

Read more

Rights and Wrongs in Wrongful Dismissal

Table of Contents Wrongful Dismissal in Hong Kong General Right to Terminate Valid Reason for Termination Statutory Protections and Unlawful Dismissal Wrongful Dismissal Misconceptions and Complications The Right Approach Wrongful Dismissal in Hong Kong Termination of employment in Hong Kong is a sensitive issue, which has a direct impact on the welfare and emotions of […]

Read more