Litigation & Advice

Litigation & Advice

Mark Diel, Timothy Marshall, Ronnie MyersKatie TornariJohn Hindess, Dantae Williams, Saul Dismont Greg Lunn Jonathan White and Tina Herrero

Our Litigation & Advice Team has a wealth of knowledge and skill to litigate or arbitrate all types of matters, and can provide clients with advice and support on any issue that may arise. We regularly appear in the courts (from the Magistrates’ Court to the Judicial Committee of the Privy Council), before administrative and quasi-judicial tribunals and in domestic and international arbitrations. Our lawyers have an established reputation for being strategic, creative, meticulous and passionate.

Before we proceed with court action, our lawyers work hard to provide sound, practical and sensitive advice with a view to resolving disputes efficiently and effectively.  Members of our team have extensive training in negotiation, mediation and arbitration, and our lawyers work hard to reach reasonable and practical solutions before involving the Courts or an arbitration tribunal.

Our highly experienced team also advises on all aspects of corporate and business law. Our lawyers not only have experience in assisting clients with managing routine issues but also in assisting with exciting new business opportunities and developments. Our advice is pro-active, commercial and comprehensive, and we strive to support and protect our clients in the long term.

Litigation

Our litigation team’s broad range of expertise encompasses domestic and international disputes, trial and appellate advocacy and mediation. Marshall Diel & Myers Limited has one of the top litigation teams in Bermuda, and the Firm has an international reputation as the “go-to” Bermuda firm for complex, multi-jurisdictional commercial litigation. Our lawyers are adept at working with instructing English solicitors and U.S. attorneys, and in providing seamless local counsel support to English barristers appearing in Bermuda courts.

Our practice is thorough and includes:

  • Actions for breach of fiduciary duty
  • Anti-money laundering compliance issues
  • Constitutional challenges
  • Construction
  • Contentious trusts and estates
  • Contractual disputes of all kinds
  • Commercial litigation
  • Defamation proceedings
  • Insurance and Reinsurance
  • Judicial review actions
  • Jurisdictional and conflict of law issues
  • Negligence, professional negligence and other tortious claims
  • Personal and fatal injury claims
  • Planning applications and appeals
  • Property ownership and landlord issues
  • Regulatory issues including telecommunications
  • Shareholder disputes

Contacts:  Mark Diel, Timothy Marshall and Katie Tornari

Insolvency

Our lawyers advise individuals, companies, liquidators, creditors, directors, financial institutions and investors in complex insolvency matters.  We have extensive experience in both the hedge fund and insurance insolvencies.  We also have considerable experience in multinational and cross border insolvencies. Our team works closely with managers, directors and shareholders in finding solutions during a difficult and uncertain time to develop creative and pragmatic solutions.

Our expert advice covers the following:

  • advising liquidators and creditors of rights/priorities in insolvency
  • administration
  • liquidation
  • restructuring
  • enforcing security
  • work-outs
  • asset tracing and recovery
  • schemes of arrangement

Contacts:  Mark Diel

Employment Law, Immigration & Naturalization and Labour Relations

Our attorneys have specialist knowledge in all aspects of local and international employment law and practice. They have extensive experience advising on employment and industrial issues including the rights and duties under the Employment Act 2000, employment contracts and collective agreements. They have advised and assisted with worker’s compensation actions, wrongful, constructive and unfair dismissals, health and safety matters and employer’s liability claims. In addition to appearing in all levels of Court, our attorneys have experience with the Employment Tribunal, the Labour Relations Board and the Human Rights Tribunal.

We can assist and advise in all matters regarding the hiring and retention of employees including drafting and advising on employment contracts, policies and procedures including employee handbooks, confidentiality and restraint of trade clauses.

We provide sound and experienced advice in the immigration field, handling all aspects of work permit applications and employment transfers, Bermuda status applications, nationality and residency applications and immigration related property ownership issues. We have experience with appeals to the Minister and to the Courts.

Contacts: Ronnie Myers and Katie Tornari

Corporate/Commercial

Our highly experienced lawyers advise on all aspects of corporate and business law.

Key practice areas include:

  • Consultancy and agency agreements
  • Consumer rights
  • Competition law
  • Directors’ and officers’ liability and shareholder disputes
  • Drafting non-disclosure and confidentiality agreements
  • Franchising agreements
  • Joint ventures and shareholder agreements
  • Reinsurance and captive insurance

Contacts:  Ronnie Myers, Katie Tornari and Greg Lunn