Friday, 24 June 2011

Winklevoss twins abandon appeal over Facebook settlement to U.S. Supreme Court - latimes.com

I do not often comment on overseas litigation, but what is interesting about this case is that they settled the claim with a mediated agreement and then sought to undo the agreement, essentially because they claim they were misled on the value of the Facebook shares they received. It is unusual to overturn a mediated agreement, but if their assertion was correct about the misleading values, then this could have been possible, although the US Federal Court clearly thought the assertion didn't carry much force. It does underline the care needed in drafting such settlement agreements and the need to be transparent at the mediation and in the provision of information.

Friday, 17 June 2011

Clayton Weatherston Appeal

This decision refusing the appeal was perhaps not entirely unexpected. What is interesting for me are 2 disparate matters. The first referred to publicity on TV7, crushingly dismissed as a minor channel. The other is the ringing endorsement of Justice Potter as the trial judge and also of counsel for the accused at the trial, Judith Ablett-Kerr QC and Greg King, (who curiously is a presenter of the Court Report on the "minor" channel, TV7).

Thursday, 16 June 2011

beehive.govt.nz - Government increases focus on restorative justice

beehive.govt.nz - Government increases focus on restorative justice
This must be an improvement on the antagonistic approach to much criminal law. As children we were told to say sorry and make friend s again and a surprising amount of criminal prosecution should go this way. There will be some for whom jail is sensible, but if we get some sanity in the sentencing because of restorative justice then I applaud this extra funding