2019
GDPR, information security and the importance of carrying out "proper due diligence"
ICO issues statements of intention to fine British Airways and Marriott.
2019
Norwegian Court of Appeal strikes another blow against forum shopping in direct action case
In a recent decision, the Court of Appeal held that Norwegian courts do not have jurisdiction under the Lugano Convention in a direct action concerning a ship collision in the Singapore Strait. The decision follows the Supreme Court's decision last year which set aside the Court of Appeal's previous decision which had found that there was jurisdiction.
2019
Poseidon Principles – Global framework for responsible ship finance
Major international shipping banks have recently launched a collaboration for integration of climate considerations into their lending decisions. The "Poseidon Principles" establish a common, global baseline to quantitatively assess and disclose whether financial institutions’ lending portfolios are in line with adopted climate goals.
2019
Cathrine B. Hetland: New partner in Oslo
This week, we have had the pleasure of welcoming Cathrine B. Hetland as a new partner at our Oslo-office. Cathrine is an experienced lawyer within oil and gas and will join the Energy & Renewables team at Wikborg Rein.
2019
The UK Supreme Court’s decision in the “Renos” on CTL and the position under the Nordic Plan
The UK Supreme Court’s recent decision in the “Renos” (Sveriges Angfartygs Assurans Forening (The Swedish Club) and others v Connect Shipping Inc and another, [2019] UKSC 29) will be a landmark case on marine insurance under the English Institute Time Clauses Hulls (1/10/83) ("ITCH") conditions. It clarifies that when determining whether a vessel is a constructive total loss (“CTL”) under the ITCH conditions, regard should be had to (a) the costs incurred prior to the owners’ notice of abandonment, but not (b) remuneration payable under the SCOPIC clause. The decision will have significant importance in the insurance market because of the financial and practical implications. But what would be the position under the Nordic Marine Insurance Plan of 2013 version 2019 (“Nordic Plan”)?
International sanctions and export control
2019
Iranian Metal Sanctions Update
• US sanctions now prohibit Norwegian companies and banks from engaging in most transactions in Iran's metal sector. • There are fewer than 60 days left to wind down Iranian metal transactions that began before the sanctions were implemented.
2019
Shipbuilding Portal – digital building contracts
Wikborg Rein is launching a new digital service aimed at the shipping industry. The Shipbuilding Portal is a user-friendly online solution for the drafting of shipbuilding contacts based on the Standard Form Norwegian Shipbuilding Contract 2000, often referred to as "Ship 2000". It will simplify the drafting process and provide access to relevant practical information.
International sanctions and export control
2019
Significant shift in US extraterritorial sanctions against Cuba. US sanctions and EU regulations go head to head
On 17 April 2019, the Trump Administration announced that US nationals will be allowed to file lawsuits against any person or company trafficking in Cuban confiscated property, before US courts. This by activating the long-suspended Title III of the Libertad Act. In his reasoning, the Secretary of State remarked that "Sadly, Cuba’s most prominent export these days is not cigars or rum; it’s oppression." The EU views the decision as contrary to international law and will, according to its High Representative, use the EU Blocking Regulation to prohibit EU persons from complying with it.
2019
Google and Apple asked to provide better information on the use of personal data
A recent initiative co-ordinated by the Norwegian and Dutch consumer associations has asked Google and Apple to respectively provide better information to their users.
2019
Kaare Andreas Shetelig named Future Leader of Arbitration
We are happy to announce that our partner and lawyer, Kaare Andreas Shetelig, has been included on the 2019 list of "Future Leaders of Arbitration" by Who's Who Legal.
2019
Wikborg Rein on global top 100 list within international arbitration
Our expertise within dispute resolution – both domestic and international – has been recognized with several prestigious achievements lately.
2019
The UK prepares for Data Protection after Brexit: Two New Regulations
When the UK leaves the EU, the General Data Protection Regulation (GDPR) will no longer be directly applicable in the UK. Two new sets of regulations have therefore been recently promulgated by the British Parliament to retain, as much as possible, the status quo and are meant to come into effect upon the UK's withdrawal from the EU. Both sets of regulations were issued pursuant to the UK's European Union (Withdrawal) Act 2018.
2019
Wikborg Rein launches digital client portal
Clients will now have the opportunity to get complete overview of the client relationship and share important case information in real time with their lawyers. It also allows users access to specialist tools that the lawyers are using - safe and effective in one portal.
2019
Two recent decisions of the Norwegian Privacy Appeals Board
The Norwegian Data Protection Authority (NDPA) has a broad set of powers, including the power to deliver warnings, reprimands or impose fines on data controllers and processors for non-compliance with the new Personal Data Act and the GDPR. As the new Personal Data Act and the GDPR only recently came into force, there are not yet many decisions based on the new legal regime. However, some of the recent NDPA decisions were appealed to the Privacy Appeals Board (PAB) and the appeal decisions have referred to the new legislation. Two such recent decisions respectively concern the data subject's right to object to processing and the right to erasure.
International sanctions and export control
2019
We are launching WR Sanctions Alerts
We aim to provide you with a quick and timely update on the latest developments in respect of EU, US, UN and Norwegian trade and economic sanctions against countries/regimes.
2019
List of processing operations where a DPIA is always required
The Norwegian Data Protection Authority has recently published a list of processing operations that shall always require a data protection impact assessment (DPIA) pursuant to article 35(4) of the General Data Protection Regulation (GDPR).
2019
Brexit – UK firms providing investment services and activities in Norway
A temporary regime is in place allowing for continued provision of services in Norway after Brexit.
2019
Landmark wind power transaction in Norway
Wikborg Rein would like to congratulate Stadtwerke München GmbH (SWM) with its landmark 1,5 GWh wind power transaction in Trøndelag.
2018
Legal digital innovation: The future is here
For Wikborg Rein, digital innovation means implementing solutions that eliminates labour intensive tasks to the clients benefit. Multiple documents can be analysed and categorized far more efficiently by AI-driven systems.
2018
London Calling
The London office is the largest and leading office in our international strategy. We are pleased to welcome three of London's foremost lawyers within shipping and energy as partners of our London team.
2018
Wikborg Rein appoints two new partners in London
We have appointed two new partners to our Shipping, Trade, Energy & Infrastructure team in London.
2018
New office, organic growth and a modest forecast
In a time of political uncertainty for Britain it seems almost surprising for companies to be undergoing expansion. After speaking with Chris Grieveson, the managing partner of the Wikborg Rein London office, it is apparent that Brexit will not be a problem for Wikborg Rein in London and that the Norwegian approach to corporate culture has been beneficial for Wikborg Rein's success within the country.
Compliance and crisis management
2018
Guidance on drafting and interpreting contractual sanctions clauses
In this article, we discuss the first UK case dealing with the scope of a sanctions exclusion clause in the context of the re-imposed US sanctions on Iran and the EU Blocking Regulation. We also provide some pointers for in-house counsel drafting sanctions exclusion clauses.
2019
Liquidated damages clauses – the position on penalties confirmed
The recent case of in the English High Court confirmed the enforceability of liquidated damages agreed by commercial parties even if the liquidated damages to be recovered are not an exact or precise estimate of loss.
2018
Are we entitled to know what the robots are thinking?
When Hermon Melles (26) planed his master's thesis he decided to find a research topic that included both his major interests: law and technology. While writing his thesis at the offices of Wikborg Rein he has been given the opportunity to converse with some Norway's most competent lawyers within data protection and technology.
2018
The new Norwegian anti-money laundering legislation will enter into force 15 October 2018
The new Norwegian Anti Money Laundering Act was adopted 1 June 2018. A new Regulation, supplementing the Act, was adopted 14 September 2018. Both the Act and Regulation will enter into force 15 October 2018.
Compliance and crisis management
2018
Privilege in the UK – a landmark decision
A High Court decision limiting privilege in relation to advice prepared for a company regarding claims of fraud and corruption has recently been overturned by the Court of Appeal in London. The decision widens the scope of protection for disclosing documents created by internal investigations and should give comfort to organisations facing such allegations.
2018
Transaction tips from our competition team: Clean Teams
In the middle of deal negotiations or transaction due diligence it is prudent for the buyer, or the merging parties, to get to know as much about the target or its new partner as possible. When the companies involved are competitors, however, this information sharing can raise its own concerns.
2018
Anti suit injunctions – are they still available in the EU?
In the recent case of Nori Holdings and others v. Public Joint Stock Company – Bank Otkritie Financial Corporation, the English High Court was asked to decide whether anti-suit injunctions could now be granted to restrain proceedings in another EU state. They decided that the answer was still "no".
2018
Proposal to parliament – beneficial ownership register act
Today the Ministry of Finance presented a proposal for a new Beneficial Ownership Register Act. The proposal will implement the EU Fourth Money Laundering Directive chapter III on beneficial ownership information.
2018
Transaction tips from our competition team: Gun-Jumping
When businesses decide to pursue a transaction they are understandably keen to complete and implement the deal as soon as possible in order to realise the anticipated synergies. However, when a deal requires clearance from one or more competition authority, there is often a prohibition on implementation pending receipt of the necessary clearances. Taking implementing steps in breach of this prohibition is called 'gun-jumping'.
Oil Gas and Renewable Energy, Transaction
2018
Wikborg Rein contributes to the realisation of the 200 MW Tonstad wind farm
We have assisted the renewable energy fund manager SUSI in their acquisition of 80% of the shares in Tonstad Vindpark AS, a company holding a license to build and operate the 200 MW Tonstad wind farm in Norway.
2018
Wikborg Rein assisting Hunter Group and Dwellop
We have assisted Hunter Group ASA in connection with its acquisition of up to seven VLCC Shipbuilding contracts and a private placement of NOK 520,000,000.
2018
The Naftogaz-Gazprom saga
Great article in the law magazine (Jusbilaget) of the Norwegian business daily "Finansavisen" about the Naftogaz-Gazprom saga, in which Wikborg Rein represented Naftogaz:
2018
Main partner for Corporate Cup
Wikborg Rein is one of the main partners for Corporate Cup, a spectacular winter event launching for the first time in Norway. At Norefjell, a group of companies will meet for a combination of debates on challenging topics relevant for business, skiing competition, networking and fun.
2018
The WP29 Opinion 2/2017 on data processing at work
Article 29 Working Party (WP 29), consisting of data protection authorities from all EU and EEA states and the European DP Supervisor, has recently issued an Opinion 2/2017 on data processing at work ("the Opinion").
2018
We have adopted AI from Luminance
Wikborg Rein has adopted Luminance, the leading artificial intelligence platform for the legal profession.
2018
Corporate criminal liability; the impact of an effective compliance program
An effective compliance program is essential for any business and it needs to be strong, both on paper and in practice. It addition to providing measures to assist companies to prevent, detect and respond to violations of laws and regulations, such programs have an important role to play as part of any defence against corporate criminal investigations and prosecutions.
International sanctions and export control, Compliance and crisis management
2018
What Do President Trump's Iran Threats Mean for Norwegian Companies?
At last month's State of the Union address, President Trump called on Congress to "address the fundamental flaws in the terrible Iran nuclear deal". Trump has been attacking the deal, formally known as the Joint Comprehensive Plan of Action (the "JCPOA"), since he began campaigning for the presidency. But this latest statement, made at one of Washington's most important political events and coming on the heels of Trump's January 12 threat to withdraw from the JCPOA, suggests that the president may be closer to taking action. If Trump does decide to end US participation in the JCPOA, how will he do it? And what will this mean for Norwegian companies considering business in Iran?
2018
Contract Update – Written vs Oral Variations
What happens when a contract says that all variations must be in writing, but the parties then try to vary that contract orally? Can they do this? The UK Supreme Court recently looked at this and decided the answer is "no".
2018
BARECON 2017 – a broad brush revision of a widely used form
BIMCO has today, 13 December, released the new BARECON 2017 – a revision of its 16 year old predecessor BARECON 2001. This represents an important update to one of the most commonly used maritime contracts – regularly applied for all types of maritime assets across all sectors in the shipping and offshore industries.
2018
Bareboat registration in and out of Norwegian Ship Registries
On 5 December 2017 the Norwegian Ministry of Trade, Industry and Fisheries issued a consultation paper with proposed changes to the legislation for registrations of vessels in the Norwegian International Ship Registry (NIS) and the Norwegian Ordinary Ship Registry (NOR). The two Norwegian Ship Registries does not currently allow bareboat registration of vessels, but the proposal suggests to open up for such registration both into and out of NIS and NOR. The proposal is intended to meet the practical needs of the maritime industry and make the rules for vessel registration in Norway more flexible and internationally competitive.
2018
Should privilege against self-incrimination apply to corporate investigations?
Privilege against self-incrimination is a fundamental principle that protects witnesses from revealing information which might expose them to an accusation or criminal charge. Many legal systems recognise this privilege, and in Norway the right to protect oneself against self-incrimination is a rule of law. The privilege derives both from the right to a fair hearing as defined in article 95 of Constitution and article 6(1) of the European Convention on Human Rights in addition to article 14(3)g of the United Nations Convention on Civil and Political Rights. In the US the privilege is enshrined in the Fifth Amendment to the Constitution.