Saturday, March 23, 2019

Elements of a derivative action

Following the initial panic redemptions, insolvencies and restructuring, investment funds which have survived the ravages of the 2008 financial crisis have entered a new and distinctive phase. Regulators and investors now have a better understanding of the complex investment strategies pursued by some of the fund managers and are seeking to hold accountable those who have caused the pain visited upon investors. One strategy being adopted by investors, especially in the United States, is to file derivative shareholder actions against the funds’ directors and service providers.

Wealth management: No more set it and forget it

BNY Mellon opened its first wealth management office in the Cayman Islands in January. The Journal spoke with Lawrence Hughes, CEO of BNY Mellon Wealth Management, about the move and the evolving nature of the global investment environment.

Investors demand greater board responsibility, but how?

The fifth annual Ernst & Young global hedge fund survey “Coming of Age” compiled by Greenwich Associates sees, amid the trends of consolidation of the industry, greater institutionalisation and greater transparency, diverging investor and fund manager views not least with regard to independent oversight.

Notoriusly biased? The ABC offshore misunderstanding

Once again it is election time in the US and once again the Cayman Islands are labelled a “notorious tax haven” by US media, suggesting that something untoward is going. For the campaign-media machinery it does not really matter whether facts are replaced with emotive language; after all in political campaigns perception is reality.

Cayman positioned to take advantage of emerging market growth

International financial centre law firms are positioning themselves to take advantage of new emerging markets in Asia and South America. The Journal spoke with Diarmad Murray, global managing partner at Walkers about the effect this has on the firm’s business in the Cayman Islands.

Stocks Good stocks for tough times

In the year just begun, investors face economic headwinds in nearly every corner of the globe. All eyes are currently focused on the euro zone, where austerity measures are being redoubled to combat crushing debt loads.

Waiting for the hard market

Three of the top ten costliest natural disasters for the insurance industry occurred in 2011. The hit to the operating performance of reinsurers points to higher rates in 2012, but long-term relationships between insurers and reinsurers might suffer and price increases would be difficult to pass on to consumers, say Garth MacDonald of Island Heritage and Bart Hegdes of Greenlight RE.

New immigration figures reveal plethora of surprises

Some myth-busting figures about immigration in the Cayman Islands are released under the Freedom of Information Law.

Court reception

There was a large turnout at a reception in the Law Courts Building for departing Chief Magistrate Margaret Ramsay-Hale.

Freezing injunctions: Judge calls for change

In a landmark decision, the Grand Court of the Cayman Islands has rendered short-lived the recently-heralded availability of free-standing injunctive relief in Cayman, following the judgment of Justice Quin in Gillies Smith v Smith earlier this year.

Mediate or litigate…why not both?

Mediation offers a more economical means of resolving disputers, with an impartial third person assisting both sides in reaching a mutually agreeable settlement without taking it to court

Prenuptual agreements: now worth the paper they are written on

Prenuptial agreements: they aren’t worth the paper they’re written on in Cayman.” This is the sort of expression which matrimonial lawyers often hear casually drop from the mouths of clients or their clients’ amateur, unqualified legal advisors...

Buying your dream home: Some important legal and practical considerations

The acquisition of your dream home can however very quickly turn into a nightmare unless you fully consider all the practical and legal considerations of buying a home in the Cayman Islands.

Kidnapping – trustees held to ransom?

 For many wealthy individuals and their families, the issue of privacy and security often permeate their lives. When such individuals or families reside or travel in countries where crime, and in particular, kidnapping, is rife, the need to consider kidnap provisions in modern trust deeds increases.

Avoiding redundancies

During these bleak days of economic downturn, employers in both the public and private sectors around the globe are seeking ways to reduce operating costs.

Cayman fund companies gain merger flexibility

Until recently, a Cayman fund company could only combine with another fund company by way of “arrangement”, which required the parties involved to petition...

Strata litigation: Avoiding personal liability

More than 500 stratas operate in the Cayman Islands.  Each strata is managed through an elected Executive Committee whose members are usually between three...

Legally Speaking: Expectations vs. reality. Waiting for your inheritance

Every day someone is waiting to receive their inheritance; many uncertain of what to expect or how their expectation fits into reality. If you...

Legally Speaking: Presenting the key to being ‘key’

Contrary to assertions in some press, the maximum period which an expatriate worker can remain in the Cayman Islands is not always seven years....
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