This briefing presents three of the key consumer law developments to expect in 2014.
Nabarro partner Martin McKervey shares his thoughts on unlocking export growth.
Ince & Co partner Andrew Chan, who has advised maritime and trade clients throughout a career spanning more than 30 years, is retiring from the firm.
Law à la Mode — April 2014: fashion flair transforms wearable technologies; delivering IT services in the retail sector; and more download
DLA Piper has released the April 2014 issue of its Law à la Mode publication.
Australia’s recent conclusion of two free-trade agreements with South Korea and Japan are likely to present significant opportunities in the agricultural sector.
DoE approves LNG exports to non-free trade countries — US foreign policy may be bigger factor moving forward download
The US DoE has issued an order granting approval to Jordan Cove to export LNG to countries that do not have a free-trade agreement with the US.
Peter Shervington of Eversheds has commented on the news that Toyota is recalling 6.4 million of its range, including 35,124 in the UK, over five separate issues.
Penningtons Manches has substantial experience in working with clients to devise strategies to avoid possible disputes and to resolve effectively those that do occur.
Penningtons Manches drafts and negotiates commercial agreements of all types, and at all stages in the development and supply chain.
London Mining GC Rohit Bhoothalingam had to show his grit last year for a legal battle worth more than the company itself
Partner and head of real estate
Holman Fenwick Willan (HFW) senior partner Richard Crump has relocated permanently to Singapore in a move that underlines the firm’s ambitious plans to grow its Asia practice.
With Dentons, you’ll benefit from our in-depth understanding of the mining sector, as well as our worldwide reach, seamless service, and cross-border, multijurisdictional insight that can provide you with the right strategies to grow your business.
English courts have been reluctant to recognise an implied duty of good faith in commercial agreements. However, three decisions have cast that understanding into some doubt.
Clothingsites.co.uk is set to create more than 100 jobs after securing investment from Bridges Ventures in a deal advised by Addleshaw Goddard.
Sam Karim from Kings Chambers was part of a recent delegation on a business mission to Brazil to promote barristers’ expertise in international dispute resolution.
Walker Morris has bolstered its competition team with the appointment of Shaukat Ali as a director.
HHJ Pelling QC has offered some useful guidance on assessing an account of profits for passing off in his recent judgment.
IBB Solicitors gives you the reassurance that your documents are correctly authenticated and accepted as legally binding for their intended purpose.
GRATA Law Firm provides legal consultancy services to companies that carry out activities in the area of telecommunications and transport.
GRATA Law Firm provides legal consultancy services to companies that carry out activities in the area of construction and infrastructure.
Antitrust Matters — April 2014: state aid; cartel facilitators; Belgium’s Competition Authority; exercising patent rights; and more download
DLA Piper has released the second issue of its global competition and antitrust law newsletter Antitrust Matters.
On 1 April, the Groceries Code Adjudicator issued two guidance documents relating to GSCOP: dispute escalation and arbitration.
In the sphere of industry, we provide the highest-quality legal products and efficient business solutions.
In Rusal, the Administrative Court was asked to find that a decision by the London Metal Exchange to consult on a single preferred option was unfair.
Zero-hour contracts have been the subject of much controversy recently.
The Obama administration has threatened to impose additional sanctions on Russia in response to the Ukraine crisis but so far has only blocked the assets of 32 individuals and one bank.
Where a buyer wrongfully neglects or refuses to accept and pay for goods, the seller may bring an action for damages for non-acceptance.
There is a tendency among companies in Bulgaria to speed up marketing campaigns and neglect what should be a core part of them, namely their legal structure.
Over the past few years, the FTC has provided guidance regarding mobile platforms and app providers’ practices of collecting data about consumers’ locations through their mobile devices.
Eversheds has successfully appealed a High Court decision that had serious implications in relation to the scope of the duty of care owed by accountants to their clients.
Eversheds has commented on Littlewoods’ High Court victory over a VAT claim worth more than £1.2bn.
James Batham, a retail expert and partner at Eversheds, has commenting on the latest ONS retail sales figures for the UK.
DoE approves LNG exports to non-free-trade countries — US foreign policy may be bigger factor moving forward download
The DoE has issued an order granting approval to Jordan Cove Energy Project to export LNG to countries that do not have a free-trade agreement with the US.
Gateley has advised technology entrepreneur Stuart Marks as he embarks on a joint enterprise with retail company John Lewis.
Macfarlanes has helped steer Russian metals giant Rusal to a judicial review victory in the High Court over the London Metal Exchange (LME).
Unco-operative: Groceries Code Adjudicator has say on Co-op seeking supplier payments for failure to meet target service levels download
The Groceries Code Adjudicator has published a GSCOP clarification. This is the second clarification issued by the Groceries Code Adjudicator.
Eversheds has commented on the recent CBI retail figures for the UK that show slowing sales in March.
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.
The transfer of consumer credit regulation to the FCA — what does this mean for motor dealers? download
Most motor dealers regularly carry out activities such as introducing customers to finance companies for the purpose of entering into hire and hire purchase agreements.
Ogier has advised Citigroup, Morgan Stanley and KKR in connection with the $1.7bn acquisition of Del Monte Foods Consumer Products.
Dacheng has been engaged by a Spanish motorbike distributor to represent it in arbitration at the China International Economic and Trade Arbitration Commission.
Nevada’s AG reminds retailers, wholesalers and suppliers: comply with alcohol beverage laws download
Retailers, wholesalers and suppliers of alcohol beverages in Nevada have been reminded of their legal obligation to comply with the provisions of Nevada’s alcohol beverage laws.
At a time when well-known names are disappearing from the high street as a result of retailers going into administration, the spectre of corporate insolvencies has never loomed larger.
Terry O’Regan, head of international trade at Eversheds, has commented ahead of the EU-US trade summit in Brussels on 26 March.
Following a number of amendments to Australia’s Insurance Contracts Act, Minter Ellison has launched the eighth edition of its Insurance Contracts Act Handbook.
Stephenson Harwood has advised frozen food manufacturer Findus Group on the acquisition of the retail business of Lutosa, a Belgian frozen potato brand.
Warning — California proposes major changes for Proposition 65 warnings: take part in the process download
The California agency that implements Proposition 65 has proposed far-reaching changes to the now familiar warnings required under that statute.
DLA Piper has provided advice to online fashion retailer Boohoo.com on its flotation and placing of new shares on AIM.
Dacheng recently hosted a seminar to discuss a contract dispute that involved RMB1bn worth of artworks owned by Wang Zhicheng.
Contracts that do not state their duration or explain how to deal with their termination can be terminated by one or both of the contractual parties giving reasonable notice.
Stephenson Harwood has secured judgment in favour of the state-owned Nigerian National Petroleum Corporation (NNPC) after a 10-year dispute in London with IPCO.
Compared with other topics that relate more to specific industries (for example investment access), the topic of forex control liberalisation is of a more generic nature.
Franchise systems have been, and continue to be, sought-after investment and acquisition targets.
Connecticut may join a number of states that currently require merchants to provide the remaining cash balances on gift cards to consumers upon request.
New rules will apply to most businesses selling to consumers in the EU, including to those selling online from outside the EU, from no later than 13 June 2014.
To improve protection of consumers and regulate the booming online shopping activities in China, SAIC has updated existing rules regulating e-commerce activities.
Food and beverage news and trends download
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.
Nabarro partner Martin McKervey discusses the public/private funding of Sheffield’s planned new retail quarter.
Damages for non-acceptance of goods not covered by exclusion clause covering ‘loss of profits’ download
Where parties to a contract wish to exclude claims for damages under s50 Sale of Goods Act 1979, said contract must contain clear and specific wording to that effect.
In December 2013, the Serbian Commission for Protection of Competition conditionally approved the takeover of Mercator by Agrokor.
Parmjit Singh, head of the food and drink group at Eversheds, has commented on news that the world’s two biggest banana producers are to merge.
Hogan Lovells has advised senior managers of grocery store chain Albertsons in its $9bn acquisition of Safeway.
Walker Morris has held its third Food Leadership Dinner at the Cedar Court Hotel in York, which was attended by key figures from the UK food and drink sector.
Shoosmiths has hired Kenny Scott, who has expertise and specific experience of advising clients in a number of sectors.
Barack Obama has signed an executive order authorising targeted sanctions against persons determined to be contributing to the ongoing situation in Ukraine.
Ogier in the BVI has acted for Russian hypermarket chain Lenta in its recent IPO on the main market of the London Stock Exchange and the Moscow Stock Exchange.
The NSW Supreme Court decision in Video Ezy International Pty Ltd v Sedema Pty Ltd demonstrates that courts are prepared to take a tough line on franchisors.
The NDRC is collecting relevant information in the automotive parts industry and will likely launch antitrust investigations in this sector on suspicion of price-fixing cartels.
John Coldham, design law expert at Wragge & Co, examines the recent reversal by the High Court of Trunki’s High Court registered design success.
Taylor Wessing private equity partner Ed Waldron meets with Rob McCombie, investment director at CBPE Capital.
James Batham, partner and real-estate expert at Eversheds, has commented on the BIS Select Committee report into business rates in the UK.
Riaz Karamali, a partner in Pillsbury’s Silicon Valley and San Francisco offices who represents emerging growth companies, answers some common questions innovators face.
Supplies of goods to customers fraudulently using a bank card are subject to VAT where the card provider pays for those goods download
The CJEU has ruled that a supplier must account for output VAT on payments received from third party card providers for supplies made to customers who bought goods using a fraudulent card.
Addleshaw Goddard has released the latest version of its InVest publication, which focuses on developments affecting banks, wealth managers, brokers and funds.
Allen & Overy recently hosted a panel debate on the impact of Shanghai’s free-trade zone at Hong Kong’s China Club.
Geographical licensing is the practice where the owner of the rights to a product grants to a licensee the right to develop the product in a specific country or territory only.
A business must either own or have a licence to what it uses; otherwise it could infringe someone else’s intellectual property rights.
It was announced on 29 January that the UK’s major supermarkets have agreed to report on how much food they waste each year.
Claire Sharf has joined Eversheds as a legal director in the law firm’s restructuring team. Lemi McAuley will also be joining the team as a senior associate.
Minter Ellison’s international managing partner, Mark Green, has been elected chairman of the Australia-Mongolia Business Council.
NCTM has assisted LVMH in the establishment, as a minority shareholder, of a joint venture aimed at developing the Italian fashion brand Marco De Vincenzo.
DLA Piper has appointed Richard Hopkinson-Woolley, Laurence Rogers and Neville Wright to its real-estate team. The three partners join the firm from BLP.
On 7 February 2014, the European Court of Justice (Case 98-13) issued a ruling pertaining to the interpretation of Council Regulation (EC) no. 1383/2003.
Shoosmiths considers exclusion clauses in sale-of-goods contracts in light of the recent Commercial Court decision of Glencore Energy Ltd v Cirrus Oil Services.
First Lady and nutrition: USDA and FDA propose sweeping food labelling and marketing regulations download
Michelle Obama and the FDA have released regulations that would make significant changes to the nutrition information found on food and dietary supplement labels.
Parmjit Singh of Eversheds has praised Oxfam for its rankings of food and drink companies in terms of social and environmental policies.
California GCI’s coming priority products list and the DTSC Strategic Plan — what do they mean for you? download
The highly anticipated next step in California’s Green Chemistry Initiative (GCI) is the planned April 2014 release of the list of ‘priority products’.
This year’s Hospital and Leisure focuses on technology inter-operability issues within hotel franchising, as well as looking at the current economic environment.
This article considers the key competing mobile payment technologies and the legal risks, and how the adoption of these technologies may shape the payments market of tomorrow.
The Court of Appeal has given judgment in the Gamestation case (Jervis v Pillar Denton and Others). It affects the way that rent is treated in an administration.
Eversheds has advised NewRiver Retail, a UK REIT specialising in value-creating retail property investment and active asset management, on its latest £85m equity fundraising.
Mingyue Dun was recently elected as a 2014–2015 China subcommittee member of the Anti-Counterfeiting Committee of the International Trademark Association.
NCTM has advised Italian fashion house Krizia on its sale to Shenzhen Marisfrolg Fashion Co, a Chinese women’s fashion producer belonging to Zhu ChongYun.
‘Firms must put the interests of customers first’ warns the FCA as it hands down its largest ever retail conduct fine
Failings by insurance intermediary HomeServe have resulted in the company being fined £30.6m, the largest amount ever imposed by the Financial Conduct Authority for the retail sector.
Hogan Lovells has advised Kuwait Petroleum International on the Italian Shell acquisition.
Shoosmiths has advised Singapore-based Freight Investor Services on the strategic sale of a majority shareholding in Cleartrade Exchange to European Energy Exchange.
Conyers Dill & Pearman in Hong Kong has provided BVI and Cayman Islands advice to Miko International Holdings on the IPO of a PRC children’s clothing retailer.
The search warrant recently executed on a Virginia-based flooring wholesaler surrounded allegations that the company had illegally imported wood in violation of the Lacey Act.
The High Court has held that Amazon infringed Lush’s Community trademark by its purchase of the Google Adword ‘Lush’.
John Baldwin QC has delivered a noteworthy judgment concerning the use of trademarks in keyword advertising and in the search results returned by website search tools.
Eversheds’ James Batham has said that the British Retail Consortium’s recommendations for overhauling business rates will be welcomed by retailers.
Online reviews present a risk for businesses as they may engage in misleading or deceptive conduct in contravention of the Australian Consumer Law.
Adrian Keeling QC of No5 Chambers has prosecuted in Operation Springtide, a case that saw three men convicted of fraudulent trading at Stafford Crown Court.
Walker Morris corporate partner Debbie Jackson has been listed as one of The Lawyer’s Hot 100 Lawyers in its annual research report.
At the beginning of the year, you may have been one of the many who made a new year’s resolution to eat healthily and get fit. The government has also joined in.
After publishing a draft for consultation, the government has laid the Consumer Rights Bill before parliament together with explanatory notes.
NCTM has expanded its practices by launching a team dedicated to the luxury and fashion industry.
Evershed’s head of product liability, Richard Matthews, believes Toyota’s latest recall could once again dent the firm’s reputation.
The Belgian Financial Services and Markets Authority is consulting on new rules regarding the marketing of financial products to retail clients.
On 16 January 2014, the Financial Conduct Authority published its finalised guidance on supervising retail investment advice.
NCTM’s latest Shipping and Transport Bulletin includes comment on the Italian law relating to the granting of financial aid to Italian stevedoring companies.
JPM provides legal services relating to patent, trademark, industrial design, copyright and trade secret protection.
JPM advises on all aspects of individual employment issues, as well as on collective bargaining agreements, redundancy plans and social and restructuring programmes.
NCTM has assisted La Gardenia Beauty, an Italy-based beauty and cosmetics retailer, with its restructuring following the entry of Fondo Orlando Italy into its share capital.
Hogan Lovells has announced the further expansion of its New York office with the addition of corporate partner Adam Golden.
Taylor Wessing has advised Delfingen Industry on the acquisition of Langendorf Textil and its subsidiary MBG Techbelt Innovation.
DLA Piper has announced that James Brogan, Paul Hall, Joseph Kernen and Norman Leon have been recognised in a BTI Consulting Group report.
An international trade fair presents an opportunity for those who choose to ride on the back of your investments and infringe your rights to launch competing products.
The European Market Infrastructure Regulation (EMIR) introduces new requirements to reduce the risks associated with the derivatives market and thus improve transparency.
Hogan Lovells has hosted the launch of FutureBrand’s ‘Made In’ report: a study of more than 1,000 people in seven countries combined with research among experts and academics.
The EU-US deal will bring both opportunities and concerns, according to Eversheds’ David Savage.
Where a counterparty was entitled to specific performance of a contract with a company prior to its entry into administration, the counterparty should still be entitled to specific performance.
The bill contains some substantial changes compared with the draft bill published for pre-legislative scrutiny in June 2013.
Governance News — 5 February 2014 download
David Jones’ announcement that it received a merger proposal from Myer last year has received considerable media coverage.
Simon Jones, partner at Eversheds, has commented following findings from the BRC-Google online retail monitor that show a surge in overseas shoppers in Q4 2013.
This may be the year that swap market counterparties face the full effect of dual US and foreign regulatory requirements for cross-border swap activities.
Eversheds has produced a guide to the Consumer Rights Directive (CRD) that looks at how the CRD will change the laws of 15 EU countries.
Structured trade and commodity finance is central to international trade and is progressively becoming an important source of finance for Chinese companies.
Issues arising from the recent wet weather have caused growers and others in the supply chain to take a careful look at their trading terms, and in particular the ‘force majeure’ clause.
As is widely known, the Indonesian export ban on ore came into effect on 12 January 2014.
DLA Piper has released the latest issue of The Financial Report, which includes discussion and analysis, Securities and Exchange Commission developments and more.
Retail bonds can present not only an attractive alternative or addition to bank finance but also a way to promote stronger links with customers and to engender greater brand loyalty.
Last year was the ‘annus horribilis’ for food, with the horsemeat contamination wiping millions off turnover and stock prices.
A bipartisan group of Congressional leaders has introduced legislation to give President Obama trade promotion authority to negotiate significant trade agreements.
M&A activity in 2013 in the food and beverage sector followed 2012 as another year of high-profile transactions, although, at least in the UK, on a reduced scale.
South African listed mining company Gold Fields has announced the resignation of its general counsel Michael Fleischer.
The NSW government has announced a review of the Retail Leases Act 1994 and invited stakeholders to make their submissions by 7 February 2014.
On 20 December 2013, the CFTC issued a series of comparability determinations for certain swap dealer and major swap participant business conduct requirements.
On 2 January 2014, FERC and CFTC signed two MoUs, as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 imposed additional new requirements on commodity trading advisers.
DLA Piper has released the latest version (Volume 3, No. 1) of The Financial Report.
James Batham, partner and head of the retail sector at Eversheds, looks at what happened in 2013 and what the outlook is for the year ahead.
New rules that will apply to most businesses selling to consumers, whether online or in a traditional store, have been laid before parliament.
Macronix seeks ban on Spansion non-volatile memory devices and all products containing such devices download
All companies that import such products (even not named in the ITC complaint) face potential risk of Customs seizure.
Richard Matthews, head of product liability at Eversheds, has commented on the recall by Wal-Mart in China of donkey meat found to contain fox meat.
The third edition of Best Lawyers in the UK has recognised 21 Ince & Co lawyers, with firm representation in the commodities, insurance, litigation and shipping categories.
Welcome to the first edition of Explore, DLA Piper’s magazine for the mining sector. Three times a year, the law firm will bring you a selection of insights from its global mining team.
The latest instalment of ‘All-Consuming Legal Insights’, Taylor Wessing’s new video series, focuses on changes to consumer rights in the UK.
Parmjit Singh, India trade expert at Eversheds, has commented following news that exports to India have increased by 20 per cent following UK trade delegations to the continent.
Ince & Co’s London-based commodities, shipping and commercial disputes specialist Stuart Shepherd has succeeded Steven Fox as the firm’s global head of trade.
London Metal Exchange GC Tom Hine has guided the institution through a Hong Kong buyout and out onto the stormier seas of Eurocracy
With increasing internet penetration throughout the country, the e-commerce industry, like other industries in China, is growing at a swift pace.
Water and sewerage regulator Ofwat is holding interviews this week for its newly created general counsel role.
Kellogg’s EMEA legal head Orla Muldoon is leaving to join agricultural processing giant Archer Daniels Midland (ADM) in January.
Co-head of Pillsbury’s energy industry team, Robert A James, authored this chapter in the publication The Oil and Gas Law Review.
A cross-border team from Hogan Lovells has advised PDVSA in its $1bn loan transaction from Gazprombank.