Matthew Evans

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A contractor often enters into a contract negotiation or bid process where there is little to no ability to negotiate the terms of the contract. It is for all practical purposes a “take it or leave it” deal.  Sometimes, this is a result of the owner’s or prime contractor’s unwillingness to negotiate. Sometimes, this is a result of flow-down provisions that the contractor has no ability to negotiate.  Sometimes, the job opportunity is so great…
Two recent court decisions handed down in the Cayman Islands serve as a valuable reminder that, no matter how hard won the finer points of a negotiation, one should never forget the basics. The cases – Medley Opportunity Fund Ltd. v. Fintan Master Fund Ltd & Nautical Nominees Ltd and Lansdowne Limited & Silex Trust Company Limited v. Matador Investments Limited (In Liquidation) & Ors – both concern side letters entered into pursuant to investments…
On 1 July 2011, the European Union Directive on Alternative Investment Fund Managers (AIFMD) was published (PDF) in the Official Journal of the European Union and is now law. It is no secret that, since the European Commission first mooted the concept of a generic platform for regulating non-retail investment management in Europe, there has been strong criticism from the hedge fund and private equity industries. Predominantly concerned with the effect that such a regime would…