Mary Anne Bueschkens and Rachel L Blumenfeld of Miller Thomson explore recent developments in the use and taxation of trusts in Canada: "2013 and 2014 saw significant changes to the taxation of trusts in Canada that will continue to have a significant effect on the practice of trust and estate planning. Many of the income splitting and tax planning opportunities for testators and non-residents, which were previously widely used and relied upon, have now been either modified or eliminated."
Who’s Who Legal brings together Andreas Richter of P+P Pöllath + Partners, James Tsang of Squire Patton Boggs, Patricia Garcia Mediero of Avantia Asesoramiento Fisca, and Tony Pursal of Maples and Calder to discuss regulatory developments, volume and type of work, activity from new jurisdictions, and legal market changes in their jurisdiction.
Toby Graham of Farrer & Co explores the implications of FHR v Cedar: "The clarification of the law in relation to bribes and secret commissions is to be welcomed, though the judgment lacks a clear doctrinal rationale for imposing a trust, leading to some uncertainty as to its scope. This may result in litigants seeking to apply the principle established in FHR v Cedar to other unauthorised gains."
Juan Pablo McEwan and Agustin Lacoste of McEwan & Asociados take an in-depth look at wealth and estate planning in Argentina: "This combination of economic instability and high taxes has increased awareness among wealthy individuals of the need to use structures geared towards protecting their assets and easing the tax burden."
Jonathan Wood and Daniel Hemming of Reynolds Porter Chamberlain take an in-depth look at third-party funding in the global litigation landscape: "If the availability of funding means that more good claims are litigated and won, then, subject to the proper scrutiny and management of the funder’s role, this continued growth should be welcomed."
Who’s Who Legal brings together Mark Glasser of Sidley Austin, Daniel Weinhold of Weinhold Legal, Stephan Susman of Susman Godfrey, and Bettina Knoetzl of Wolf Theiss to discuss levels and sources of work, regulatory developments, the popularity of ADR and the legal market in their respective jurisdiction.
Martin Bernet of Schellenberg Wittmer analyses the potential impact of the proposed far-reaching reforms in the field of financial disputes by the Swiss government: "Each of the proposed measures would in and of itself substantially change the environment of financial litigation in Switzerland. What is more, the combination of the various elements of the draft bill has the potential of bringing about sweeping changes and of establishing a claims culture."
Liam Kennedy of A&L Goodbody explores the implications of economic recovery on the role of litigators: "The contribution of a litigator is likely to extend far beyond prosecuting or defending claims in court – the strategic litigator will give greater value by helping the client understand manage and control legal and commercial risk."
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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.