Conyers

Contact
Share
Info
Clarendon House
2 Church Street
Hamilton, HM 11 Bermuda
Phone: +1 441 295 1422
Fax: +1 441 292 4720
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Bankruptcy
  • Business Organizations
  • Energy & Utilities
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • Litigation
  • Maritime Law
  • Real Estate
  • Securities Law
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other Countries
  • Bermuda
  • British Virgin Islands
  • Cayman Islands
  • Hong Kong
  • Singapore
  • United Kingdom
Number of Attorneys
100+ Attorneys

Successful Defense of Contentious Special General Meeting Dispute: the Nan Hai Judgment

In Ho Kwok Leung Glen, Hau Kai Ling and Ge Jun v Nan Hai Corporation Limited [2024] SC (Bda) 2 Civ, 31 January 2024, the Supreme Court of Bermuda (the “Court”) rejected the Plaintiffs’ application for a declaration that seven…more

Bermuda, Board of Directors, Bylaws, Commercial Litigation, Corporate Restructuring

See all updates »

केमैन आइलैंड में हेज फंड स्थापित करने में आपकी मदद के लिए एक गाइड

देश से बाहर हेज फंड स्थापित करने के मामले में केमैन आइलैंड का नाम दुनिया में पहले नंबर पर आता है। इसका टैक्स-न्यूट्रल प्लेटफॉर्म, स्थिर अर्थव्यवस्था, व्यवहार-कुशल बैंकिंग क्षेत्र, गोपनीयता और पेशेवर वित्तीय सेवा उद्योग ये तो बस…more

Asia, Business Formation, Cayman Islands, Financial Services Industry, Fund Managers

See all updates »

Six Reasons for Investment Fund Managers to Locate in Bermuda

The introduction of economic substance requirements in offshore jurisdictions has sharpened the impetus for investment fund managers to establish a physical office where their funds are incorporated. Here are six good reasons to…more

Bermuda, Economic Substance Doctrine, FATF, Financial Institutions, Fund Managers

See all updates »

Government of Bermuda to Introduce Corporate Income Tax

In response to the Pillar Two global minimum tax rules (the GloBE Rules) set out by the Organisation for Economic Co-operation and Development (OECD), and following three rounds of public consultation, in December 2023 the…more

Bermuda, Corporate Governance, Corporate Taxes, OECD

See all updates »

Bermuda Data Privacy Bulletin

With Data Privacy Day occurring internationally on 28 January, 2024, it seems a good time to issue our Data Privacy Bulletin for 2024. 2023 was an eventful year for the Office of the Privacy Commissioner (PrivCom), and a…more

Bermuda, Chief Privacy Officer, Corporate Governance, Data Privacy, Data Protection

See all updates »

Private Client & Trust Bulletin – Fall 2021

Welcome to the sixth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. This edition features articles on offshore trust…more

Asia, Beneficiaries, Bermuda, British Virgin Islands, Cayman Islands

See all updates »

The Effect of Subordination Agreements in the Event of Insolvency

Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors? This article examines the commercial…more

Bermuda, British Virgin Islands, BVI Business Companies, Cayman Islands, Commercial Litigation

See all updates »

Conyers Coverage Summer 2023 – Issue 9 – Cayman Islands

A warm welcome to our latest edition of Conyers Coverage. It’s been a dizzying year to date for the Cayman Islands (re)insurance industry, so it’s time for some updates and insights. The momentum is real and the pipeline is…more

Acquisitions, AML/CFT, Beneficial Owner, Cayman Islands, CIMA

See all updates »

Bermuda Data Privacy Bulletin

With Data Privacy Day occurring internationally on 28 January, 2024, it seems a good time to issue our Data Privacy Bulletin for 2024. 2023 was an eventful year for the Office of the Privacy Commissioner (PrivCom), and a…more

Bermuda, Chief Privacy Officer, Corporate Governance, Data Privacy, Data Protection

See all updates »

Trina Solar: A Warning Regarding Reliance on Merger Price and Deficient Disclosure in s238 Proceedings

The successful appeal by dissenting shareholders in Trina Solar provides key insights into the importance of establishing a robust merger process, the company’s burden to make all relevant information available in appraisal…more

Appeals, Cayman Islands, Companies Act, Conflicts of Interest, Corporate Restructuring

See all updates »

Annual Returns - Preparation for Upcoming Deadlines

As described in more detail in our recent client bulletin, BVI companies are now required to prepare and file with their registered agent an “annual return” containing a basic balance sheet and income statement. This annual…more

Balance Sheets, British Virgin Islands, Business Entities, BVI Business Companies, Corporate Governance

See all updates »

Bermuda Regulatory Outlook 2023

An old adage says that the only things in life that are certain are death and taxes. We think regulatory changes can surely be added to that list. A number of regulatory updates will affect Bermuda entities this year, and we…more

Beneficial Owner, Bermuda, Code of Conduct, Companies Act, Corporate Governance

See all updates »

Modified Universalism in the Context of Officeholder Sanction Applications

Russell Crumpler & Christopher Farmer (as Joint Liquidators of Three Arrows Capital Ltd (in Liquidation)) v Three Arrows Capital Ltd (in Liquidation) and BVIHC (Com) 2022/0119 (unreported 26 July 2023) The BVI liquidation of…more

Appeals, Bankruptcy Code, British Virgin Islands, Business Litigation, BVI Business Companies

See all updates »

Private Client & Trust Bulletin – Fall 2021

Welcome to the sixth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. This edition features articles on offshore trust…more

Asia, Beneficiaries, Bermuda, British Virgin Islands, Cayman Islands

See all updates »

Conyers Coverage November 2022 – Issue 8 – Cayman Islands

A very warm welcome to our eighth edition of Conyers Coverage. As we start to wind down on 2022 #TeamConyers is already reflecting on what a hectic and exciting year it’s been for the Cayman Islands (re)insurance industry –…more

AML/CFT, Beneficial Owner, Cayman Islands, CIMA, Corporate Counsel

See all updates »

Why Choose Bermuda for Private Clients

Bermuda is a British Overseas Territory with a parliamentary legislature and has been largely self-governing since 1620. It has economic, legal and political stability which attracts international businesses and…more

Bermuda, Corporate Governance, Economic Development, Estate Planning, Family Offices

See all updates »

Cayman Islands Litigation: Reflecting on the Year 2023

As the Grand Court of the Cayman Islands reopens for 2024, we reflect on 2023 and some of the large-scale cross-border insolvency and restructuring proceedings, and complex commercial disputes dealt with in the jurisdiction over…more

British Virgin Islands, BVI Business Companies, Cayman Islands, CIMA, Commercial Litigation

See all updates »

Hidden Assets and Divorce

Disagreements are not uncommon in divorce. If a separation is acrimonious, one spouse may try to deprive the other of their share of assets. In some cases, a party may hide bank accounts or assets as part of an effort to evade…more

Bermuda, Disclosure, Division of Assets, Divorce, Family Law Courts

See all updates »

Trustee's Duty and Anti-Bartlett Clauses - The Ivanishvilli Redux

Just when trustees are feeling safe to go back into the water after the Hong Kong Court of Final Appeal spoke in Zhang Hong Li v. DBS Bank (Hong Kong) Ltd [2019] along comes Ivanishvilli v. Credit Suisse Trust Ltd [2023] where…more

Asset Management, Breach of Duty, Business Litigation, Corporate Governance, Fiduciary Duty

See all updates »

Conyers BVI Quarterly Corporate Update – Q2 2023

Welcome to the latest edition of our Quarterly Corporate Update covering recent developments in the British Virgin Islands. Following the flurry of legislative amendments in the latter half of 2022 and Q1 2023, Q2 has been…more

British Virgin Islands, Business Entities, BVI Business Companies, Corporate Governance, Corporate Sales Transactions

See all updates »

Hard Deadline for Filing 2019 Economic Substance Return Upcoming on 30 April 2021

Relevant entities carrying on all types of relevant activity (except for those carrying on intellectual property business) under the International Tax Co-operation (Economic Substance) Act (2021 Revision) (“ES Act”) with a…more

Cayman Islands, Corporate Taxes, Economic Substance Doctrine, International Tax Issues, Offshore Funds

See all updates »

Bermuda Insurance Code of Conduct: Conduct of Business and Conflict of Interest Policy Compliance Deadline

Effective 1 September 2022, the Bermuda Monetary Authority (the “BMA”) issued a revised Insurance Code of Conduct (the “Code of Conduct”) which, among other things, expanded the duties, requirements, standards and principles…more

Bermuda, Code of Conduct, Conflicts of Interest, Insurance Acts, Insurance Industry

See all updates »

From Bermuda to the Oslo Børs and Beyond

The past few years have seen a growing number of companies incorporate in Bermuda and go on to list on the Oslo Stock Exchange. A key first step for some is listing on the exchange intended for small- and mid-cap companies:…more

Acquisitions, Bermuda, Capital Markets, Corporate Governance, Incorporation

See all updates »

Bermuda Philanthropic Structures Continue to Grow in Popularity

With its well-respected regulatory regime and highly regarded professional services industry, Bermuda continues to be an ideal location for the creation of an international philanthropic or charitable structure. Companies and…more

Bermuda, Companies Act, Corporate Governance, Philanthropy, Professional Services Companies

See all updates »

Family Wealth Management with Bermuda Trusts

Bermuda is a popular and highly regarded jurisdiction for managing the offshore family assets of wealthy, international families due to several favourable characteristics. As a high-quality international financial centre,…more

Asset Management, Bermuda, Investment, Investors, Jurisdiction

See all updates »

Update to the Adler High Court Decision: The UK’s Court of Appeal Overturns the High Court’s Approval of the Adler Restructuring Plan

Following the English High Court’s written reasons for sanctioning the Adler Group restructuring plan on 21 April 2023, the English Court of Appeal has overturned the High Court’s decision and sent a strong message regarding…more

Appeals, Cayman Islands, Commercial Litigation, Corporate Governance, Corporate Restructuring

See all updates »

Voidable Dispositions under the Conveyancing and Law of Property Act – an Underutilised Tool in the BVI Asset Tracing Toolbox

Voidable dispositions in the BVI are governed by section 81 of the Conveyancing and Law of Property Ordinance. The Act was passed in 1961 and is often overlooked in the heady world of fast-paced litigation where fraudsters need…more

Asset Tracing, British Virgin Islands, Business Litigation, BVI Business Companies, Corporate Governance

See all updates »

Cayman Islands Removal from the EU Anti-Money Laundering List

The Cayman Islands is now set to be removed from the EU anti-money laundering (AML) list. This action follows the decision of the Financial Action Task Force (FATF) monitoring group on 27 October 2023 and subsequent removal from…more

Anti-Money Laundering, Cayman Islands, Due Diligence, EU, FATF

See all updates »

The Artful Trustee: Practical Tips for Holding Artwork in Trust Structures

Acquiring artworks, antiques, and other collectibles is a common pastime of private clients, for reasons that can vary greatly from profit-making to maintaining cultural ties, or simply as a general reflection of their…more

Art, Art Collections, Asset Management, Cayman Islands, Trust Assets

See all updates »

In the Matter of the P Trusts: Court Ensures Public Trustee v Cooper Application Does Not Get Hijacked

By means of a category two Public Trustee v Cooper application, in which Jeffrey Elkinson and Britt Smith of Conyers, led by Brian Green KC, acted for the successful plaintiffs, the first plaintiff as trustee, and the second…more

Beneficiaries, Bermuda, Settlement Agreements, Trustees, Trusts

See all updates »

Cayman Islands improves its FATF technical compliance

The Cayman Islands has further improved its technical compliance with the 40 Financial Action Task Force (FATF) Recommendations relating to anti-money laundering and countering the financing of terrorism (AML/CFT)…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Cayman Islands, Compliance

See all updates »

The Effect of Non-Disclosure in Unfair Prejudice Claims

A successful party to a buy-out order made in the course of unfair prejudice proceedings can find themselves in a difficult position, at the hands of an uncooperative respondent. Commonly, the Court will try liability and…more

Appeals, British Virgin Islands, Buy-Out Agreements, Commercial Litigation, Controlling Stockholders

See all updates »

Regulatory & Risk Advisory Review: Cayman Islands – January to March 2024

Welcome to the first instalment of 2024 of our Cayman Islands Regulatory & Risk Advisory Review. As we cover in this issue, there have been a number of updates in the first quarter of the year. Perhaps most notably is the…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Cayman Islands, CIMA

See all updates »

Converting a PIC to a Standalone Licensed Entity

The Conyers insurance team regularly assists clients looking to convert their licensed insurer into a segregated portfolio company (“SPC”) in order to separate their programs by cedents or lines of business into segregated…more

Cayman Islands, CIMA, Corporate Governance, Insurance Industry, Regulatory Agenda

See all updates »

Navigating Defences and the Burden of Proof on the New York Convention Chessboard: The BVI Court’s Approach

In its recent decision in BVIHC(COM) 2022/0169 Qu Haiping v Window of Trade International Limited and Ors, the BVI Court considered the question of the burden of proof and defences that a defendant can invoke when resisting…more

Arbitration Agreements, British Virgin Islands, Burden of Proof, Enforcement Actions, Jurisdiction

See all updates »

10 Things You Need To Know About… Registering an Aircraft in the Cayman Islands

The Cayman Islands is a globally recognised and highly regarded jurisdiction with a market leading aircraft registry in the Civil Aviation Authority of the Cayman Islands (the “CAACI”). The combination of a strong, stable and…more

Aircraft, Aircraft Financing, Cayman Islands, Creditors, Financial Services Industry

See all updates »

Handling a Cayman Islands Regulatory Administrative Fine

Since the enactment of the Monetary Authority (Administrative Fines) (Amendment) Regulations (2022 Revision) (the “Fines Regulations”), the Cayman Islands has witnessed a continuous increase in the number of administrative fines…more

Administrative Fines, Cayman Islands, CIMA, Corporate Governance, Enforcement

See all updates »

Keeping Options Open – The Growing Demand for BVI Hybrid Funds

Hedge funds and private equity funds were traditionally considered to be two completely different alternative investment classes, but as managers and investors increasingly seek to take advantage of exposure to both asset…more

British Virgin Islands, BVI Business Companies, Hedge Funds, Hybrid Capital Instruments, Investment Funds

See all updates »

Modified Universalism in the Context of Officeholder Sanction Applications

Russell Crumpler & Christopher Farmer (as Joint Liquidators of Three Arrows Capital Ltd (in Liquidation)) v Three Arrows Capital Ltd (in Liquidation) and BVIHC (Com) 2022/0119 (unreported 26 July 2023) The BVI liquidation of…more

Appeals, Bankruptcy Code, British Virgin Islands, Business Litigation, BVI Business Companies

See all updates »

CIMA Announces Private Funds Filing Extension

The Cayman Islands Monetary Authority (CIMA) recently announced that the deadline for filing audited accounts and the requisite Annual Return Form (“Form”) in accordance with the Private Funds (Annual Returns) Regulations, 2021…more

Cayman Islands, CIMA, Filing Deadlines, Filing Requirements, Investment Funds

See all updates »

Successfully Secures Dismissal of Application to Set Aside a Statutory Demand in the British Virgin Islands

On 8 February 2024, the Honourable Mr Justice Paul Webster KC dismissed an application to set aside a statutory demand served on Angola Group Holdings Limited (the “Company”) by Bai Jun Tian Cheng Limited (“Bai Jun”). Conyers…more

British Virgin Islands, Business Litigation, BVI Business Companies, Commercial Contracts, Dismissals

See all updates »

Insurance Bulletin - Spring 2021

What a year it has been since our last Insurance Bulletin in March 2020. Although the full impact of Covid-19 on the re/insurance industry remains unclear, the need to retain capital to meet potential losses has contributed to a…more

Acquisition Agreements, Bermuda, Cayman Islands, Corporate Sales Transactions, Insurance Regulations

See all updates »

Challenges of Taking Security over the Shares of a Licensed Insurer

Our insurance finance practice continues to grow at pace and is now regularly called on by clients to assist on credit facilities being put in place for Cayman licenced insurers. Traditionally the transactions and facilities we…more

Cayman Islands, CIMA, Financial Regulatory Agencies, Insurance Industry, Regulatory Agenda

See all updates »

Beyond the Betrayal: Navigating Strategies for Victims of APP Fraud

Authorised Push Payment (“APP”) fraud, where victims are tricked into authorising payments to fraudsters, resulted in losses of £485.2m in 2022 and is reported to have risen by 22% in 2023. With consumer protection laws…more

Asset Tracing, Banking Sector, Banks, British Virgin Islands, Business Litigation

See all updates »

Annual Returns - Preparation for Upcoming Deadlines

As described in more detail in our recent client bulletin, BVI companies are now required to prepare and file with their registered agent an “annual return” containing a basic balance sheet and income statement. This annual…more

Balance Sheets, British Virgin Islands, Business Entities, BVI Business Companies, Corporate Governance

See all updates »

Restoration of BVI Companies Struck Off Before 1 January 2023

BVI companies that were struck off prior to 1 January 2023 were automatically dissolved and ceased to exist after 30 June 2023. Any assets held by such companies have now automatically been vested in the Crown. In order to…more

British Virgin Islands, Business Companies Act, Business Litigation, BVI Business Companies, Corporate Dissolution

See all updates »

Navigating Property Disputes

Boundary disputes typically arise in situations where the apparent physical and legal (or “deeded”) boundaries of properties do not accord with one another leading to one owner asserting ownership and title to property, and use…more

Bermuda, Dispute Resolution, Homeowners, Property Owners, Territorial Disputes

See all updates »

Bermuda – Economic Substance Declaration Filings – June 2023 Alert

The Economic Substance Act 2018 (the “Act”) requires Bermuda-based entities that are carrying on a “relevant activity” in a relevant financial period and entities claiming “non-resident entity” status under the Act to file an…more

Beneficial Owner, Bermuda, Business Entities, Companies Act, Economic Substance Doctrine

See all updates »

Amendments to the GEM Listing Rules

The Stock Exchange of Hong Kong Limited (the Exchange) implemented its reforms to the GEM Listing Rules on 1 January 2024. For companies currently listed on GEM, one of the key changes is a new streamlined transfer…more

Bermuda, Capital Markets, Cayman Islands, Financial Services Industry, Hong Kong

See all updates »

Bermuda Philanthropic Structures Continue to Grow in Popularity

With its well-respected regulatory regime and highly regarded professional services industry, Bermuda continues to be an ideal location for the creation of an international philanthropic or charitable structure. Companies and…more

Bermuda, Companies Act, Corporate Governance, Philanthropy, Professional Services Companies

See all updates »

Successful Defense of Contentious Special General Meeting Dispute: the Nan Hai Judgment

In Ho Kwok Leung Glen, Hau Kai Ling and Ge Jun v Nan Hai Corporation Limited [2024] SC (Bda) 2 Civ, 31 January 2024, the Supreme Court of Bermuda (the “Court”) rejected the Plaintiffs’ application for a declaration that seven…more

Bermuda, Board of Directors, Bylaws, Commercial Litigation, Corporate Restructuring

See all updates »

First Cruise Ship to Homeport in Bermuda

Royal Caribbean International is to homeport a cruise ship in Bermuda in the summer of 2021, which marks the first time the jurisdiction has been homeport for a major cruise line. From 26 June through August, the Vision of the…more

Bermuda, Cruise Ship Passengers, Cruise Ships, Maritime Transport, Ports

See all updates »

Bermuda – Economic Substance Declaration Filings – June 2023 Alert

The Economic Substance Act 2018 (the “Act”) requires Bermuda-based entities that are carrying on a “relevant activity” in a relevant financial period and entities claiming “non-resident entity” status under the Act to file an…more

Beneficial Owner, Bermuda, Business Entities, Companies Act, Economic Substance Doctrine

See all updates »

Bermuda Economic Substance Declaration Filings—February 2023 Alert

The Economic Substance Act 2018 (the “Act”) requires Bermuda-based entities that are carrying on a “relevant activity” in a relevant financial period and entities claiming “non-resident entity” status under the Act to file an…more

Beneficial Owner, Bermuda, Business Entities, Companies Act, Economic Substance Doctrine

See all updates »

Draft Rule and Statement of Guidance: Investment Activities for Insurers

The Cayman Islands Monetary Authority (“the Authority”) recently published a Private Sector Consultation Paper with a draft Rule and draft Statement of Guidance on Investment Activities for Insurers (the draft “Rule” and “SOG”)…more

Asset Management, Cayman Islands, IAIS, Investment, Private Sector

See all updates »

Directors’ Duties – Two Stage Test for the Creditor Duty

We have published a series of articles dealing with directors’ duties in the zone of insolvency. In previous briefings, we have written about the high-profile UK Supreme Court ruling in Sequana and the New Zealand Supreme Court…more

Board of Directors, Business Litigation, Cayman Islands, Creditors, Directors

See all updates »

Bermuda Public Companies Update, Summer 2023

This edition of the Bermuda Public Companies Update summarises significant transactions involving Bermuda companies listed on the New York Stock Exchange and Nasdaq during the first half of 2023. Global Market Update…more

Acquisitions, Bermuda, Capital Markets, Corporate Governance, Global Market

See all updates »

Successful Restoration of a Voluntarily Dissolved BVI Co as a Company in Liquidation

On 5 February 2024, the Honourable Justice Paul Webster granted a restoration order (the “Order”) pursuant to section 218A of the BVI Business Companies Act (Revised Edition 2020) (as amended) (the “Act”), declaring the…more

British Virgin Islands, Business Litigation, BVI Business Companies, Dissolution, Hong Kong

See all updates »

Bermuda Insurance Code of Conduct: Conduct of Business and Conflict of Interest Policy Compliance Deadline

Effective 1 September 2022, the Bermuda Monetary Authority (the “BMA”) issued a revised Insurance Code of Conduct (the “Code of Conduct”) which, among other things, expanded the duties, requirements, standards and principles…more

Bermuda, Code of Conduct, Conflicts of Interest, Insurance Acts, Insurance Industry

See all updates »

Unveiling Tax Realities: Debunking Myths about the British Virgin Islands

In this review of taxation and the British Virgin Islands, Conyers Corporate Counsel Nicholas Kuria discusses some of the most commonly misunderstood notions relating to the use of offshore jurisdictions, with a focus on the…more

AML/CFT, Beneficial Owner, British Virgin Islands, Business Assets, Capital Gains Tax

See all updates »

Cayman Court of Appeal Provides Important Guidance on Leave to Appeal to the Privy Council in Re Changyou.com Limited

On 20th December 2022, the Cayman Islands Court of Appeal (“CICA”) delivered its second judgment in the matter of Changyou.com Limited v Fourworld Global Opportunities Fund Ltd & others (“Changyou.com case”). The CICA provided…more

Appeals, Appellate Courts, Cayman Islands, CICA, Companies Act

See all updates »

Cayman Islands’ Corporate Governance Rule and Internal Controls Guidance and Rule

A reminder that the Cayman Islands Monetary Authority’s (CIMA) new Rule on Corporate Governance for Regulated Entities (Corporate Governance Rule) and Rule and Statement of Guidance on Internal Controls for Regulated Entities…more

Cayman Islands, CIMA, Committee Meetings, Corporate Governance, Deadlines

See all updates »

The Effect of Subordination Agreements in the Event of Insolvency

Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors? This article examines the commercial…more

Bermuda, British Virgin Islands, BVI Business Companies, Cayman Islands, Commercial Litigation

See all updates »

The Artful Trustee: Practical Tips for Holding Artwork in Trust Structures

Acquiring artworks, antiques, and other collectibles is a common pastime of private clients, for reasons that can vary greatly from profit-making to maintaining cultural ties, or simply as a general reflection of their…more

Art, Art Collections, Asset Management, Cayman Islands, Trust Assets

See all updates »

Bermuda Regulatory Outlook 2024

As we enter 2024 the myriad of regulatory changes can appear overwhelming. We are here to help and have set out below some key changes and issues that can impact Bermuda entities. Bermuda has introduced a corporate income tax…more

Anti-Money Laundering, Beneficial Owner, Bermuda, Business Entities, Corporate Governance

See all updates »

The Case for Captives in the Aviation Industry Is Stronger Than Ever

In Rising insurance premium rates, limited capacity with commercial insurance carriers and a looming global recession made 2022 extremely challenging for aviation insurance buyers. In this environment, the aviation industry…more

Aviation Industry, Bermuda, Captive Insurance Company, Commercial Insurance Policies, Insurance Industry

See all updates »

Private Client & Trust Bulletin: Fall 2023

Welcome to the festive edition of the Conyers Private Client & Trust Bulletin, where we update on recent matters of interest from our jurisdictions of Bermuda, BVI and the Cayman Islands. This edition combines the practical…more

Beneficial Owner, Beneficiaries, Bermuda, British Virgin Islands, BVI Business Companies

See all updates »

Piercing the Corporate Veil, or ‘Alter Ego’ liability, in the Cayman Islands, Bermuda, and the British Virgin Islands

Creative attempts to ‘pierce the corporate veil’ sometimes come before the Courts of Bermuda, the British Virgin Islands, and the Cayman Islands. In some cases, an attempt is made to establish personal liability on the part…more

Alter Ego, Bermuda, British Virgin Islands, BVI Business Companies, Cayman Islands

See all updates »

Norway Practice Bulletin 2021

Welcome to Conyers’ 2021 Norway Practice Bulletin. Our annual publication underscores the importance of the Norwegian market to our Bermuda corporate practice. The 12 months since our last issue have been very different, to…more

Acquisitions, Bermuda, Capital Raising, Coronavirus/COVID-19, Equity Transactions

See all updates »

New Registration Requirement for Cayman Entities That Own Property in the UK

On 1 August 2022, a new Register of Overseas Entities came into force in the UK pursuant to the Economic Crime (Transparency and Enforcement) Act 2022 (the “ECA”). Overseas entities are entities with legal personality,…more

Beneficial Owner, Business Entities, Cayman Islands, Criminal Prosecution, Failure to Comply

See all updates »

Bermuda Insurance Code of Conduct: Conduct of Business and Conflict of Interest Policy Compliance Deadline

Effective 1 September 2022, the Bermuda Monetary Authority (the “BMA”) issued a revised Insurance Code of Conduct (the “Code of Conduct”) which, among other things, expanded the duties, requirements, standards and principles…more

Bermuda, Code of Conduct, Conflicts of Interest, Insurance Acts, Insurance Industry

See all updates »

Paperless Listing Regime and Mandatory Electronic Dissemination of Corporate Communications: Impact on Bermuda, Cayman Islands and British Virgin Islands listed issuers

The Stock Exchange of Hong Kong Limited has recently published conclusions to their consultation launched last December on proposals to expand the paperless listing regime and other Listing Rule amendments. The key proposal to…more

Board of Directors, Compliance, Corporate Governance, Electronic Communications, Hong Kong

See all updates »

Orienteering Change: Navigating Restructuring Under the New Cayman Islands Regime

After a substantial industry consultation process, the Cayman Islands introduced the concept of Court-appointed restructuring officers into Part V of the Cayman Islands Companies Act (the “Companies Act”) with effect from 31…more

Cayman Islands, Chapter 11, Companies Act, Corporate Restructuring, Insolvency

See all updates »

Bermuda Regulatory Outlook 2024

As we enter 2024 the myriad of regulatory changes can appear overwhelming. We are here to help and have set out below some key changes and issues that can impact Bermuda entities. Bermuda has introduced a corporate income tax…more

Anti-Money Laundering, Beneficial Owner, Bermuda, Business Entities, Corporate Governance

See all updates »

Bestway Global Holdings Inc: A summary of the principles applied when considering sanction applications for schemes of arrangement and capital reductions

In Bestway Global Holdings Inc. (FSD 208 of 2021 – unreported), Doyle J gave a comprehensive and helpful review of the principles to be applied by the Court when considering whether to sanction a scheme of arrangement and…more

Capital Reduction, Cayman Islands, Companies Act, Creditors, International Litigation

See all updates »

The English Arbitration Act Consultation Paper: A BVI Lens

On 22 September 2022, the Law Commission published a consultation paper (the “Consultation Paper”) on the English Arbitration Act 1996 (the “English Arbitration Act”) which included a number of significant provisional proposals…more

Appeals, Arbitration, Arbitration Agreements, Arbitrators, British Virgin Islands

See all updates »

Code Update: Get Ready March 2023 | Issue No. 214 - Cayman Counsel and Signature Block Comments – What’s the Deed?

Of the comments that Cayman counsel add to transaction documents, one of the points that seems to incur a raised eyebrow by U.S. counsel or lenders now and again is the addition of “executed as a deed” in signature blocks of…more

Cayman Islands, Deeds, Financial Power of Attorney, Financial Services Industry, Financial Transactions

See all updates »

Directors’ Duties – Two Stage Test for the Creditor Duty

We have published a series of articles dealing with directors’ duties in the zone of insolvency. In previous briefings, we have written about the high-profile UK Supreme Court ruling in Sequana and the New Zealand Supreme Court…more

Board of Directors, Business Litigation, Cayman Islands, Creditors, Directors

See all updates »

Conyers Coverage Summer 2023 – Issue 9 – Cayman Islands

A warm welcome to our latest edition of Conyers Coverage. It’s been a dizzying year to date for the Cayman Islands (re)insurance industry, so it’s time for some updates and insights. The momentum is real and the pipeline is…more

Acquisitions, AML/CFT, Beneficial Owner, Cayman Islands, CIMA

See all updates »

No-Fault Legislation Will Reduce Stress, Cost of Divorce

On 2 March 2022, the Senate passed legislation aimed at reducing the stress and cost of obtaining a divorce by introducing “no-fault divorce” to Bermuda. This legislation will be the first of a “raft” of reforms that aim to…more

Bermuda, Divorce, Legislative Agendas, Marriage, New Legislation

See all updates »

Regulatory & Risk Advisory Review: Cayman Islands – January to March 2024

Welcome to the first instalment of 2024 of our Cayman Islands Regulatory & Risk Advisory Review. As we cover in this issue, there have been a number of updates in the first quarter of the year. Perhaps most notably is the…more

AML/CFT, Anti-Money Laundering, Beneficial Owner, Cayman Islands, CIMA

See all updates »

Guiding Captives Through Global Developments

Bermuda formed the first modern captive in 1962 and remains the leading offshore captive domicile, with approximately 700 licenced captives on its register. Bermuda’s captive industry has remained resilient in the face of…more

BEPS, Bermuda, Capital Markets, Captive Insurance Company, Corporate Governance

See all updates »

An Overview of Cayman Islands Private Trust Companies

Many high-net-worth individuals and families use a private trust company (PTC) when looking to structure their family wealth. Given that settlors of trusts are sometimes reluctant to relinquish control over the assets…more

Board of Directors, Cayman Islands, CIMA, Companies Act, Corporate Management

See all updates »

Teaming Up for Term Loans February 2024 - Cayman Officially Removed From EU AML List

Following the end of a long-running process, the Cayman Islands has now officially been removed by the EU Commission from its list of ‘high-risk’ countries for AML/CFT purposes. …more

AML/CFT, Anti-Money Laundering, Cayman Islands, EU, High-Risk Countries

See all updates »

Conyers Coverage November 2022 – Issue 8 – Cayman Islands

A very warm welcome to our eighth edition of Conyers Coverage. As we start to wind down on 2022 #TeamConyers is already reflecting on what a hectic and exciting year it’s been for the Cayman Islands (re)insurance industry –…more

AML/CFT, Beneficial Owner, Cayman Islands, CIMA, Corporate Counsel

See all updates »

Directors in the Firing Line

While those running companies may be aware of the numerous management and accounting breaches that can give rise to civil liability, there is generally less recognition of the possibility that breaches can also give rise to…more

Bermuda, Board of Directors, Breach of Duty, BVI Business Companies, Civil Liability

See all updates »

Registering Private Funds with CIMA

All Cayman entities that fall within the definition of “private fund” in the Private Funds Act (2021 Revision) are required to register with the Cayman Islands Monetary Authority (CIMA)…more

Board of Directors, Cayman Islands, CIMA, Corporate Entities, Corporate Governance

See all updates »

Norway Practice Bulletin 2021

Welcome to Conyers’ 2021 Norway Practice Bulletin. Our annual publication underscores the importance of the Norwegian market to our Bermuda corporate practice. The 12 months since our last issue have been very different, to…more

Acquisitions, Bermuda, Capital Raising, Coronavirus/COVID-19, Equity Transactions

See all updates »

Key Advantages of BVI Companies

BVI companies are flexible and low cost vehicles which can be tailored to meet the specific requirements of their members and their proposed purposes while being internationally recognised and listed on exchanges around the…more

Beneficial Owner, Board of Directors, British Virgin Islands, BVI Business Companies, Corporate Governance

See all updates »

Private Client & Trust Bulletin – Fall 2021

Welcome to the sixth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. This edition features articles on offshore trust…more

Asia, Beneficiaries, Bermuda, British Virgin Islands, Cayman Islands

See all updates »

केमैन आइलैंड में हेज फंड स्थापित करने में आपकी मदद के लिए एक गाइड

देश से बाहर हेज फंड स्थापित करने के मामले में केमैन आइलैंड का नाम दुनिया में पहले नंबर पर आता है। इसका टैक्स-न्यूट्रल प्लेटफॉर्म, स्थिर अर्थव्यवस्था, व्यवहार-कुशल बैंकिंग क्षेत्र, गोपनीयता और पेशेवर वित्तीय सेवा उद्योग ये तो बस…more

Asia, Business Formation, Cayman Islands, Financial Services Industry, Fund Managers

See all updates »

Bermuda – Economic Substance Declaration Filings – June 2023 Alert

The Economic Substance Act 2018 (the “Act”) requires Bermuda-based entities that are carrying on a “relevant activity” in a relevant financial period and entities claiming “non-resident entity” status under the Act to file an…more

Beneficial Owner, Bermuda, Business Entities, Companies Act, Economic Substance Doctrine

See all updates »

Cayman Islands Restructuring: Getting Oriented With the New Regime – Part II

On 11 November 2022, Mr Justice Kawaley ordered the first appointment of restructuring officers in Re Oriente Group Limited (FSD 231 of 2022) under the new Cayman Islands restructuring regime, with reserved written reasons to…more

Advertising, Business Litigation, Cayman Islands, Companies Act, Corporate Officers

See all updates »

Changes to Economic Substance Filing for Entities Carrying on Holding Business

BVI legal entities are required to make an annual economic substance filing. A large number of BVI entities carry on passive holding business. As a result of recent changes to the Economic Substance Guidance Notes, the questions…more

Beneficial Owner, British Virgin Islands, Brokers, Business Entities, BVI Business Companies

See all updates »

Why Choose Bermuda for Private Clients

Bermuda is a British Overseas Territory with a parliamentary legislature and has been largely self-governing since 1620. It has economic, legal and political stability which attracts international businesses and…more

Bermuda, Corporate Governance, Economic Development, Estate Planning, Family Offices

See all updates »

Government of Bermuda to Introduce Corporate Income Tax

In response to the Pillar Two global minimum tax rules (the GloBE Rules) set out by the Organisation for Economic Co-operation and Development (OECD), and following three rounds of public consultation, in December 2023 the…more

Bermuda, Corporate Governance, Corporate Taxes, OECD

See all updates »

Norway Practice Bulletin 2021

Welcome to Conyers’ 2021 Norway Practice Bulletin. Our annual publication underscores the importance of the Norwegian market to our Bermuda corporate practice. The 12 months since our last issue have been very different, to…more

Acquisitions, Bermuda, Capital Raising, Coronavirus/COVID-19, Equity Transactions

See all updates »

10 Things Lawyers Should Know About BVI Transactions

The British Virgin Islands is one of the world’s leading international financial centres and is well known for its flexible commercial legislation and English-based legal system. BVI companies feature prominently in all types…more

Board of Directors, British Virgin Islands, Business Assets, Business Taxes, Corporate Finance

See all updates »

Update to the Adler High Court Decision: The UK’s Court of Appeal Overturns the High Court’s Approval of the Adler Restructuring Plan

Following the English High Court’s written reasons for sanctioning the Adler Group restructuring plan on 21 April 2023, the English Court of Appeal has overturned the High Court’s decision and sent a strong message regarding…more

Appeals, Cayman Islands, Commercial Litigation, Corporate Governance, Corporate Restructuring

See all updates »

Successfully Secures Dismissal of Application to Set Aside a Statutory Demand in the British Virgin Islands

On 8 February 2024, the Honourable Mr Justice Paul Webster KC dismissed an application to set aside a statutory demand served on Angola Group Holdings Limited (the “Company”) by Bai Jun Tian Cheng Limited (“Bai Jun”). Conyers…more

British Virgin Islands, Business Litigation, BVI Business Companies, Commercial Contracts, Dismissals

See all updates »

Conyers Coverage November 2022 – Issue 8 – Cayman Islands

A very warm welcome to our eighth edition of Conyers Coverage. As we start to wind down on 2022 #TeamConyers is already reflecting on what a hectic and exciting year it’s been for the Cayman Islands (re)insurance industry –…more

AML/CFT, Beneficial Owner, Cayman Islands, CIMA, Corporate Counsel

See all updates »

First Cayman Company IPO and Listing on SGX-ST in Over Four Years

On 18 December, 2020, GHY Culture & Media Holding Co., Limited (GHY) was officially listed on the Mainboard of the Singapore Exchange Securities Trading Limited (SGX-ST), following its successful initial public offering of…more

Capital Markets, Capital Raising, Cayman Islands, Foreign Corporations, Initial Public Offering (IPO)

See all updates »

The Effect of Non-Disclosure in Unfair Prejudice Claims

A successful party to a buy-out order made in the course of unfair prejudice proceedings can find themselves in a difficult position, at the hands of an uncooperative respondent. Commonly, the Court will try liability and…more

Appeals, British Virgin Islands, Buy-Out Agreements, Commercial Litigation, Controlling Stockholders

See all updates »

Family Wealth Management with Bermuda Trusts

Bermuda is a popular and highly regarded jurisdiction for managing the offshore family assets of wealthy, international families due to several favourable characteristics. As a high-quality international financial centre,…more

Asset Management, Bermuda, Investment, Investors, Jurisdiction

See all updates »

In the Matter of the P Trusts: Court Ensures Public Trustee v Cooper Application Does Not Get Hijacked

By means of a category two Public Trustee v Cooper application, in which Jeffrey Elkinson and Britt Smith of Conyers, led by Brian Green KC, acted for the successful plaintiffs, the first plaintiff as trustee, and the second…more

Beneficiaries, Bermuda, Settlement Agreements, Trustees, Trusts

See all updates »

Offshore SPACs

The resurgence of special purpose acquisition companies (SPACs) as an alternative to traditional IPOs was one of the major talking points of 2020. SPACs enjoyed somewhat of a renaissance in 2020, particularly in the United…more

British Virgin Islands, BVI Business Companies, Cayman Islands, Initial Public Offering (IPO), Interest Rates

See all updates »

Getting Ready for the Big Day – Keys for Planning a Successful Virtual Trial

British Virgin Islands (“BVI”) companies are widely used as corporate vehicles for joint ventures in Asia, especially at their pre-listing stage. There are over 450,000 active BVI companies set-up by users around the world. From…more

Arbitration, Asia, British Virgin Islands, Business Disputes, Business Litigation

See all updates »

Teaming Up for Term Loans February 2024 - Cayman Officially Removed From EU AML List

Following the end of a long-running process, the Cayman Islands has now officially been removed by the EU Commission from its list of ‘high-risk’ countries for AML/CFT purposes. …more

AML/CFT, Anti-Money Laundering, Cayman Islands, EU, High-Risk Countries

See all updates »

How to Fail at Service Out: Misleaders Beware Jurisdiction Challenge – BVI Court Sets Aside Ex Parte Service Out Order in US$230 Million Claim

In a recent judgment, which was heavily critical of the claimant bank, the BVI Commercial Court has set aside an order obtained ex parte permitting service on non-BVI resident defendants of a fraud claim out of the jurisdiction…more

British Virgin Islands, BVI Business Companies, Commercial Court, Commercial Litigation, Court-Appointed Receivers

See all updates »

10 Things You Need to Know About… Utilising a Cayman Islands SPV for Aviation Finance Transactions

Special purpose vehicles (SPVs) are commonly employed in cross-border aviation finance transactions, and can be a particularly useful structuring tool for both owners and financiers. In their most basic form, they offer a way to…more

Aircraft, Aviation Industry, Corporate Counsel, Corporate Governance, Corporate Structures

See all updates »

Bermuda Public Companies Update - H2 2023

This edition of the Conyers Bermuda Public Companies Update summarises significant transactions involving Bermuda companies listed on the New York Stock Exchange and Nasdaq in the second half of 2023. Global Market Update…more

Acquisitions, Bermuda, Capital Markets, Corporate Governance, EU

See all updates »

Changes to Economic Substance Filing for Entities Carrying on Holding Business

BVI legal entities are required to make an annual economic substance filing. A large number of BVI entities carry on passive holding business. As a result of recent changes to the Economic Substance Guidance Notes, the questions…more

Beneficial Owner, British Virgin Islands, Brokers, Business Entities, BVI Business Companies

See all updates »

Restoration to the Register of Companies and Winding Up Order

In the recent judgment of In the Matter of Margara Shipping Limited (the “Margara Decision”) the Cayman Islands Grand Court provided some useful guidance on the basis on which a company can be restored to the Register of…more

Cayman Islands, Companies Act, Companies Law, Liquidation, Restoration Terms

See all updates »

Conyers Coverage Summer 2023 – Issue 9 – Cayman Islands

A warm welcome to our latest edition of Conyers Coverage. It’s been a dizzying year to date for the Cayman Islands (re)insurance industry, so it’s time for some updates and insights. The momentum is real and the pipeline is…more

Acquisitions, AML/CFT, Beneficial Owner, Cayman Islands, CIMA

See all updates »

Revamped Cayman Islands Restructuring Regime Takes Shape

Recent amendments to Part V of the Cayman Islands Companies Act have updated the domestic restructuring regime and introduced the new role of a court appointed restructuring officer and a dedicated restructuring petition. This…more

Cayman Islands, Companies Act, Corporate Restructuring, Creditors, Debt Restructuring

See all updates »

Conyers Coverage Summer 2023 – Issue 9 – Cayman Islands

A warm welcome to our latest edition of Conyers Coverage. It’s been a dizzying year to date for the Cayman Islands (re)insurance industry, so it’s time for some updates and insights. The momentum is real and the pipeline is…more

Acquisitions, AML/CFT, Beneficial Owner, Cayman Islands, CIMA

See all updates »

Bermuda – Economic Substance Declaration Filings – June 2023 Alert

The Economic Substance Act 2018 (the “Act”) requires Bermuda-based entities that are carrying on a “relevant activity” in a relevant financial period and entities claiming “non-resident entity” status under the Act to file an…more

Beneficial Owner, Bermuda, Business Entities, Companies Act, Economic Substance Doctrine

See all updates »

Piercing the Corporate Veil, or ‘Alter Ego’ liability, in the Cayman Islands, Bermuda, and the British Virgin Islands

Creative attempts to ‘pierce the corporate veil’ sometimes come before the Courts of Bermuda, the British Virgin Islands, and the Cayman Islands. In some cases, an attempt is made to establish personal liability on the part…more

Alter Ego, Bermuda, British Virgin Islands, BVI Business Companies, Cayman Islands

See all updates »

Cayman Islands Litigation: Reflecting on the Year 2023

As the Grand Court of the Cayman Islands reopens for 2024, we reflect on 2023 and some of the large-scale cross-border insolvency and restructuring proceedings, and complex commercial disputes dealt with in the jurisdiction over…more

British Virgin Islands, BVI Business Companies, Cayman Islands, CIMA, Commercial Litigation

See all updates »

Cinco Celebration May 2023 - One (Cayman Corporate Governance) Rule to Rule Them All ...

The growth in regulation and oversight of private equity and venture capital funds (“Private Funds”) in the Cayman Islands has again taken a step forward with the recent introduction by the Cayman Islands Monetary Authority…more

Capital Markets, Corporate Governance, Financial Services Industry, Investment, Investment Funds

See all updates »

Successful Restoration of a Voluntarily Dissolved BVI Co as a Company in Liquidation

On 5 February 2024, the Honourable Justice Paul Webster granted a restoration order (the “Order”) pursuant to section 218A of the BVI Business Companies Act (Revised Edition 2020) (as amended) (the “Act”), declaring the…more

British Virgin Islands, Business Litigation, BVI Business Companies, Dissolution, Hong Kong

See all updates »

Estate in the BVI and other Offshore Jurisdictions: Your Family Business

Many high-net-worth individuals have used companies incorporated in offshore financial centres, such as the British Virgin Islands (“BVI”) to hold their assets and business. When they plan their estate or distribute the estate…more

British Virgin Islands, Business Assets, Estate Planning, Forgery, Fraud

See all updates »

Bermuda Renews Expedited Actuarial Work Permit Process

The Bermuda Ministry of Economy and Labour has renewed the expedited Actuarial Work Permit process for one year, from 1 August 2023 to 31 July 2024. The initiative has been in place since mid-2022 in response to the ongoing,…more

Actuaries, Bermuda, Employees, Employer Liability Issues, Hiring & Firing

See all updates »

Paperless Listing Regime and Mandatory Electronic Dissemination of Corporate Communications: Impact on Bermuda, Cayman Islands and British Virgin Islands listed issuers

The Stock Exchange of Hong Kong Limited has recently published conclusions to their consultation launched last December on proposals to expand the paperless listing regime and other Listing Rule amendments. The key proposal to…more

Board of Directors, Compliance, Corporate Governance, Electronic Communications, Hong Kong

See all updates »

Successful Defense of Contentious Special General Meeting Dispute: the Nan Hai Judgment

In Ho Kwok Leung Glen, Hau Kai Ling and Ge Jun v Nan Hai Corporation Limited [2024] SC (Bda) 2 Civ, 31 January 2024, the Supreme Court of Bermuda (the “Court”) rejected the Plaintiffs’ application for a declaration that seven…more

Bermuda, Board of Directors, Bylaws, Commercial Litigation, Corporate Restructuring

See all updates »

A Clever Shortcut? Thoughts on the China Properties Group Case

In the case of Re China Properties Group Limited (in Liquidation) [2023] HKCFI 2346, the Hong Kong Court has shown its commitment to providing assistance to local liquidators appointed by it by asserting in personam jurisdiction…more

Board of Directors, Business Disputes, Business Litigation, BVI Business Companies, Cayman Islands

See all updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide

JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide