Had controversial blog been published in Europe company could have faced claims for defamation and/or breach of privacy.
Most jobs being lost to technology are middle-class. Should lawyers be worried?
Employee, worker or contractor?
The practical application of e-tools when a company suspects it has been the victim, or perpetrator, of dodgy behaviour.
Linklaters is advising technology company Delphi Automotive on its £1.07bn acquisition of HellermannTyton Group, represented by Skadden Arps Slate Meagher & Flom.
The launch of domain name .law is set to occur today (30 July 2015) as part of the generic top level domain (gTLD) programme run by NetNames.
Kerman & Co and Harneys are advising Coinsilium on its intention to float on Aim, as it looks to become the first UK blockchain company to go public.
Transport workers’ union the GMB has instructed Leigh Day to bring an employment claim against taxi-booking service Uber, arguing that it is in breach of a duty to provide drivers with basic employment rights.
Regulatory developments across a range of online gaming jurisdictions.
…with speech recognition and other interactive tools being ones to watch.
The FBI ’Darkode’ arrests are just the tip of the iceberg. This briefing highlights risks to you in five key areas.
Investing in practice and financial management systems, network upgrades etc.
Insufficient safeguards in place to protect information.
Any fines pale in comparison with the commercial costs.
The Thames Valley region is open for business – that was the message from a recent roundtable event, held in association with B P Collins, to Japanese businesses.
More business activity will be caught by the regulation and more information will count as ‘data’ or ‘sensitive data’.
Be like Mark Zuckerberg – consider non-disclosure agreements where luxury properties are involved.
Cyber bullying and cyber privacy download
Revenge porn; Belgium takes on Facebook; and more.
London businesses to grow by 44 per cent in 10 years, whereas Northern ones predict just 33 per cent.
US technology-focused law firm Fenwick & West has added three lawyers to its Shanghai office, including former Latham & Watkins partner Karen Yan.
The chancellor has announced new measures to counteract tax avoidance and evasion.
Last month more than 120 law firm leaders assembled in London for the most successful Momentum EMEA conference to date.
Representatives from a number of companies will discuss their experiences of encouraging female engagement at all levels within their technology businesses.
The human factor and cyber security download
From board members to shop floor assistants, people are vulnerable to phishing without proper training
PwC economic crime survey launched download
Assessing corporate attitudes to fraud, particularly when it is cyber crime-related.
Ashurst and Linklaters have won top roles on the £1.3bn reverse takeover of engineering software company Aveva Group by French-based Schneider Electric.
Stephenson Harwood has launched a new investigation service to enable companies to deal with cyber-attacks and the litigation that follows.
With concrete proposals for amendments to European copyright law not due until this autumn, now is a good time to take stock.
Court finds that PayPal’s terms and conditions are a standardised contract.
The German Federal Court has delivered a judgment on whether the playing of background music at a dentist’s was a ‘communication to the public’.
Ensure the principle of ‘privacy by design’ is enshrined in everyday business procedures.
If you are considering, or implementing, a bring-your-own-device (BYOD) strategy, then the chances are you are already very well aware of the potential benefits.
ISP ordered to take measures against its subscribers.
Job search website Glassdoor has appointed eBay’s deputy general counsel Brad Serwin as its new GC.
US firm Greenberg Traurig has picked up Olswang’s Berlin team to launch in Germany, its fourth European office.
UPC Communications ordered to pay 80 per cent of the capital cost to set up a ’three strikes’ system.
Wragges joins forces with Gowlings to launch new international law firm.
Legal software company Aderant has announced the release of the latest version of Aderant Expert On the Go Time. With the app, users have access to the latest mobile technology from Aderant.
45 per cent of survey respondents likely to change valuation or investment opinions as a result of data and analytics strategy.
We are increasingly asked to share sensitive information with lots of organisations.
Firms are learning that scaling means more business and revenue, not necessarily more lawyers.
Italian TMT-focused firm Portolano Cavallo has launched in New York, hiring former DLA Piper partner Emily Maxwell to support its new offering.
Widespread adoption of data and analytics among businesses, yet many challenged to derive value from the data download
A KPMG report highlights a growing gap between how businesses currently use D&A and their ability to apply it to untapped areas of rich opportunity.
Corporate intelligence can be used to inform and shape litigation strategy.
Baltics telecoms company Eesti Telekom has purchases Green IT.
Baker & McKenzie outgoing global head of information technology and communications Harry Small has seen six years of action in management since he appeared in The Lawyer’s Hot 100 in 2010.
Limiting reputational damage download
Once damaging personal information is in the public domain, it is hard to regain control of it.
A strong case for Cloud download
Cloud has become the go-to delivery mechanism for IT services in a number of other sectors and now could be the turn of the legal sector as the business case becomes ever more compelling.
Europe’s data protection compromise download
Expert calls regulation based on one-stop-shop an “illusion”.
Working at the creator of children’s online game Moshi Monsters isn’t all fun and games.
Technology can be utilised in a vast number of ways to and by franchisors. But it also creates questions for a franchisor to consider.
Lost in Myspace download
Keen to stop yesterday’s photos becoming today’s gossip? Remove old social media profiles for good. It’s relatively straightforward.
A round-up of the latest intellectual property issues, including parody and theatrical copyright, Instagram and copyright, an album copyright dispute, and Rihanna.
More than ever prospective and current franchisors need to be mindful of how technology can enhance, but also presents challenges for, their franchise offering.
Those providing products and services online to Israelis should seek advice as they may be subject to the jurisdiction of Israeli courts.
Berwin Leighton Paisner (BLP) has added to its list of clients by advising Israeli software company Adgorithms on its $125m listing on the alternative investment market (Aim).
Bird & Bird is yet to release its 2014/15 financial results - but CEO David Kerr says the figures will show a “widespread increase” in revenue across all of the firm’s offices, mirroring the firm’s 2013/14 performance.
Cisco Systems has re-appointed in-house counsel Mark Chandler as senior vice president, general counsel, secretary and also named him chief compliance officer in the management line-up of new CEO Chuck Robbins.
The American Chamber of Commerce (AmCham) in Bosnia and Herzegovina held a conference on Cloud Computing on 3 May in Sarajevo.
Also: will Better Regulation for Better Results work?; private enforcement in antitrust; and more.
Colt has extended Baker & McKenzie’s role as its preferred legal adviser for an additional year, ahead of a planned re-evaluation of how the legal team chooses outside counsel.
Meet the lawyers working in the billion-dollar world of gaming law; star human rights lawyer Imran Khan in the spotlight; law v accountancy; and more.
Goodman Derrick has promoted Jessica Nugent to partner
Goodman Derrick explores the challenges facing technology clusters outside of the capital at London Tech Week event
Ofcom’s proposed ‘dark fibre’ remedies could affect the review of the merger between BT and EE.
IT and data privacy lawyer Mark Watts was appointed to the top management echelons at Bristows in the year he appeared in The Lawyer’s Hot 100 list in 2010.
New audit powers for the ICO download
As of 1 February, the Information Commissioner’s Office (ICO) can force public healthcare organisations to undergo compulsory audits of their Data Protection Act 1998 compliance, a power that previously only applied to central government departments.
Keeping pace with the hackers download
Cyber attacks can cost a business dearly, with victims facing reputational damage, lost clients and devastating financial consequences
Boutique technology firm Kemp Little has announced a revenue increase of 32 per cent for the 2014/15 financial year, from £8m to £10.56m.
A recent decision of the Commercial Court is likely to have a dramatic impact on the way in which we manage large-scale discovery.
Individuals and businesses should be prepared for the threat wearable technology poses with regards to privacy and data protection.
A recent Queensland Supreme Court case provides an important reminder to carefully consider the detail when drafting enterprise software licences, and in particular to have an eye to the future.
There remain some users that ignore social and workplace etiquette online. Such ignorance, whether intentional or not, can cause problems for businesses.
Bristows has boosted its revenue by over 10 per cent during the 2014/15 financial year, growing from £34.1m to £38m.
Freshfields Bruckhaus Deringer and Gibson Dunn & Crutcher have advised IT security company Sophos on its planned $100m initial public offering.
Luxembourg legal update: theft of intangible assets; new rules on market abuse; reversal of case law in France; and more download
Arendt & Medernach’s update provides a compact summary of the most recent national and European legal and regulatory developments.
The Italian Data Protection Authority has started, along with other 28 privacy authorities around the world, a ‘sweep investigation’ on the online privacy of children.
The Italian Data Protection Authority adopted the General Resolution, which states the modalities to be used by website managers.
Online profiling: more protection for the users' privacy and clear rules to be complied with download
Whoever works on the internet must provide the users with clear and complete information, and require and obtain the data subjects’ consent.
Data Issues Roundup – 28 May 2015: ICO issues a penalty sum; Belgian Data Protection Agency warns Facebook; and more download
Also: ICO publishes review on data sharing; and Italian Data Protection Authority extends the scope of online profiling by ‘valuable’ guidelines.
Publishers have started taking legal action against overseas websites found to be breaching copyright laws.
Simplification of information exchange between law enforcement authorities in the member states download
The Legislative Decree No. 54 of 23 April 2015 (effective from 24 May 2015) is designed to simplify the exchange of information and intelligence between law enforcement authorities in the EU member states.
the Italian Data Protection Authority has decided to launch a public consultation in order to evaluate The ‘Internet of Things’
Mobile payment: term expired for the compliance with the obligations imposed by the Italian Data Protection Authority download
On 31 March 2015, the term for the compliance with the requirements established by the Italian Data Protection Authority (the ‘Garante’) expired.
Retailers have some key decisions to make if they want to take advantage of technological advances in payments.
Also: Microsoft war on duff ads; dietary supplement advertising; and more.
Focus on communications mapping download
In this article, Shepherd and Wedderburn takes an in-depth look at one particular tool of the interrogation trade: communications mapping.
Employment law without the rights and obligations derived from EU Directives would make it a very different world of work
The investments target critical issues in the areas of risk, performance and growth where data-driven actionable insights can power more informed decision making.
Rodoljub Sabic and Aleksandar Resanovic recently discussed personal data protection.
Cyber client update – May 2015: cybersecurity statistics; notable regulatory actions; and data breach case study download
The updates and cases included in this update emphasis how cybersecurity has become as much a legal issue as a technical one.
Serving debtors through social media download
For the first time, a court has permitted a trustee to tell a bankrupt of bankruptcy proceedings by posting on their Facebook page.
Social media can do an immense amount of good but we have also seen what happens when it goes wrong. Recently a number of cases have involved social media users.
The European Commission formally unveiled its plans for a digital single market within the European Union on 6 May.
The battle for your digital pocket/wallet, wrist and biometric data is on and everyone wants to help you pay in a more mobile/digital way.
Data Issues Roundup, 12 May: US cyber security laws; move to stop organisations blocking publications; and more download
Also: settlements with retail tracking company and pharmacy; CII best practice guide.
This week’s pick of top writers from TheLawyer.com’s IT, data and privacy briefings
In C More Entertainment v Sandberg the claimant was a Swedish pay-TV company that broadcasts ice hockey matches on its website, upon payment of a fee.
The song ‘Happy Birthday to You’ is allegedly the highest grossing song of all time.
Innovation, regulation and growth are destined to draw more attention from investors.
Wragge Lawrence Graham & Co’s corporate team has acted for Gigaclear plc on a £30m investment to expand its provision of ultrafast fibre-to-the-premises networks to rural communities.
The sector inquiry will focus on those goods and services in which e-commerce is most widespread.
Since the emergence of Google as the world’s first port of call for ‘searching’, the importance of ‘keywords’ as a tool for finding information has grown exponentially.
China International Economic and Trade Arbitration Commission extends contract wit IP adviser
Among the questions addressed in this Q&A is: am I obliged to set up a manned office in the Bailiwick?
Cutting-edge antitrust issues debated by delegates at the meeting.
Data Issues Roundup, 5 May: UK to extend security agencies’ powers; EU biometric data ruling; and more download
Also: Ireland to be privacy regulator for 300 million non-US Twitter users; responses to Big Data report; and more.
Prompted by concerns about slow rate of growth in online trade between EU member states.
Fraudsters are impersonating senior executives on email so they can extract funds from corporates.
US IT companies could be forgiven for feeling victimised, especially after the European Commission recently rapped Google for abusing its power.
Mass scepticism greets insurance products intended to protect businesses from cyber-attacks.
Data Issues Roundup, 29 April: China/US dataflows; Twitter falls under EU control; and more download
Also: cultural differences could wreck the single EU data protection law dream; data protection authorities face resource challenges due to digital boom; and more.
Who knows best when it comes to doing the right thing? Should we always look to those who been in the workplace the longest?
NASDAQ is responsible for running Twitter’s investor relations site, where earnings information was published early.
Now Google has said ’no mobile-friendly, no go’, it’s time to pay more than lip service to the digital world. Article includes top tips from legal marketers.
Most advertising platforms and social networks now offer targeted services…
Lithuania plans to oblige public establishments to provide data about their stakeholders (personal data, value of contributions etc).
Also: Obama signs order ’blocking the property of persons engaging in malicious cyber-enabled activities; and more.
Looking at barriers to the development of effective cross-border e-commerce in the EU.
Last year the Data Retention Law was declared unconstitutional as it violated the right to privacy. A legal framework for data protection is in place.
All about SMEs: the credit options download
Lenders will share information on lending to SMEs under the new small business act. Whether this will improve or hamper choice for SMEs remains to be seen.
In disclosure exercises, by using TAR, we can dramatically shrink the pool of documents to be searched, resulting in significant cost and time savings.
Domain name TaylorSwift.porn has been bought by the singer to safeguard her image as naming restrictions are lifted. Your clients had better consider the implications too.
Landmark judgment clarifies the law on misuse of private information.
Wragge Lawrence Graham & Co’s tech team has helped new client Breezie to secure investment from the Ziegler Link•Age Longevity Fund.
The power of predictive coding – the coming together of human reasoning and advanced technology – as an interrogation tool.
Three new tenders have been published for the operation of government-supported IT incubators.
Preparing for a dawn raid download
External counsel can help raided companies decide, say, whether to file for leniency. Bernhard Lauterburg of Prager Dreifuss is one of the experts on the panel in this Q&A article.
The government has fulfilled its pledge to balance its books after seven years of deficit largely by dipping into its contingency fund, cutting spending, and selling off assets.
Clarification on promotional offers, the ‘loyalisation’ of consumers and spam matters in Italy.
Data Issues Roundup, 20 April; AT&T's $25m privacy settlement; Facebook case in Austria; Google loses out in Germany; and more download
Also, UCAS gives data protection undertaking’.
Charities can now receive donations from members of the public via Twitter, as the fundraising landscape continues to evolve.
Across the EUniverse, issue 1: e-books VAT battle; freedom of personal data; shareholders’ rights revisited; and more download
Legal implications of the latest moves in Brussels.
The new offence of cyber crime that causes material damage to human welfare or national security is punishable by life.
Court kills off controversial Section 66A.
eDiscovery: focus on de-duplication download
An in-depth review of one of the simpler interrogation tools – de-duplication.
Longer term benefits alone (such as increased R&D investment) should not be included in the balancing exercise.
The National Association of Insurance Commissioner’s Center for Insurance Policy and Research (CIPR) recently released the findings of its study on telematics-supported usage-based insurance.
Politics and social media are an incendiary combination, and 2015 is likely to be the UK’s first truly digital-led general election.
Richard Naish and Ed Brown advised on the transaction.
A cyber attack could cost a business its investor backing, according to new figures.
Briefing for Charities and Social Enterprise: e-marketing rap; Jehovah’s Witnesses; gunmen; and more download
Also in this issue, the value of the arts.
The email as administrative document download
If documents contain sensitive data access is allowed only if strictly necessary, and in some cases to disclose information on health status or sex life.
Key takeaways for CEOs, counsel and chief privacy officers about online behavioural advertising download
What organisations should do before moving to an online behavioural advertising model.
Users’ personal data can be kept for a maximum of six months and cannot be used for other purposes, such as marketing.
Number of threats is now close to a million a day.
Council of Europe recommends that employers should avoid interference with employees’ right to privacy, this being applicable to information technology devices.
eBay has hired Agilent Technologies’ top lawyer Marie Oh Huber as its new general counsel as the company prepares for the split of eBay and PayPal into two separate companies later this year.
Data Issues Roundup, 13 April: Cloud contracts; US crackdown on hackers; nuisance calls fine; and more download
Also; UK court strikes down part of the Data Protection Act; Australia passes ‘retention law’; and more.
Too many violations “relating to the processing of personal data”.
FAQs on data protection in Italy download
Some useful FAQs regarding the controls and the sanctions provided for by the Italian personal data protection code.
A decision of the Italian Data Protection Authority (the ‘Garante”) recently rejected the complaint filed before it by a person who challenged Google’s decision not to de-index an article.
Rory Cullinan’s decision to resign as head of investments at RBS is an important reminder that actions on social media can inadvertently prove the making of a tabloid story.
Google has already paid out millions in the US and agreed to pay millions more, but the UK case will be vigorously defended.
Big Data: is the GCC ready? download
Joby Beretta considers key legal issues arising from the proliferation of Big Data and questions whether the Gulf Co-operation Council legislative framework is prepared for the challenge.
Organisations likely to be affected should urgently revisit their cyber resilience plans.
Two very different judgments confirm what many lawyers have known for years about information law.
Data Issues Roundup, 1 April: world leaders’ personal details revealed; US-EU dataflows; and more download
Worldwide update also includes items on Prince Charles’ letters and a code of practice for UK public authorities.
Expansion of the IT sector in Serbia has lead to an increased engagement of local IT experts by foreign IT companies.
Israel has published three tenders for franchises to form and operate government-supported technological incubators.
Developments in the cybersecurity regulatory sphere.
AdTech and monetisation update: US privacy bill of rights; Safari security bypass rap; and more download
Developments in the fields of information privacy and online advertising regulations.
KPMG emerges as lone market leader in Forrester’s midsized firm analysis.
JPM and the German-Serbian Business Association (DSW) are hosting a seminar on How to apply the Law on Personal Data Protection on 22 April 2015 at Vladimira Popovica 6, Belgrade.
In our increasingly complex world information security and data misuse is under ever greater scrutiny. One cannot help but wonder if this spike in awareness is a sign of things to come.
Bitcoin: a viable security asset? download
A question customers are likely to ask financiers is, “Will you accept Bitcoin (or another virtual currency) as a form of collateral?”
Central to any tribunal’s decision-making will be the extent to which an employer communicated a social media policy, among other factors.
Data Issues Roundup, 27 March: unlimited fines; cross-device tracking; a provocateurs database; and more download
Also; South Korea passes world’s first Cloud law; Russia says companies can store personal data abroad; and more.
Agreement to deliver new generation of data and analytics, cloud and business solutions.
Firm has designed and introduced a case management system called Matter Sphere that gives clients more control over the tribunals process.
A third of businesses in the UK are not prepared to deal with a data breach, new research reveals.
Developments in technology like the new Apple Watch mean social media use in the workplace is only likely to increase. Shoosmiths looks at how employers should deal with it.
Cyber vulnerability in wind turbines download
A type of wind turbine that is deployed across the energy sector worldwide has been hacked.
The Court of Appeal (CoA) has dismissed an attempt by Bristows’ client Google to block British users from pursuing it in the UK courts.
Commercial and technology lawyers at law firm Walker Morris advised PROACTIS on its collaboration agreement with Inspired Capital plc to develop an accelerated payment facility for UK SMEs.
Paula Barrett, partner and data protection expert at Eversheds, has commented reports from the ECJ hearing yesterday on the Max Schrems v Data Protection Commissioner case.
KPMG International has been named a Leader in the IDC MarketScape Worldwide Digital Enterprise Strategy Consulting Services 2015 Vendor Assessment.
Retailers must reassess their place in a world where businesses can manufacture products more cheaply and consumers could soon be making their own goods.
ICO warns financial call centre to stop sending pensions texts, alluding to the fact that the messages were “misleading”.
Last month Microsoft adopted the first international cloud privacy standard. Could this lead to greater confidence in data security and privacy in cloud computing?
After the 2013 horsemeat scandal, the ‘nuts for cumin’ affair puts traceability and record-keeping back in the spotlight.
The ICO has served Staysure.co.uk, an online travel insurer, with a £175,000 penalty notice for a serious breach of the security principle of data protection law.
KPMG Australia will acquire Asia Pacific cyber security technology solutions business, First Point Global, as part of a global strategy to expand the firm’s cyber capabilities.
Aim is to put London at the centre of investment in crypto-currency, but all such technologies have major implications for privacy.
An overview of the main changes outlined by the Chancellor.
Charities and social enterprise newsletter: a 15-point checklist; non-party campaigning; public service pensions; and more download
Also, a £7m Arts Impact Fund, an early-years education fund and data protection issues.
Public and regulatory law update: regulators asked to promote growth, judicial review reforms a “retrograde step” and more download
More flexibility for local authorities, requirement on regulators to promote growth, changes to judicial review will be a retrograde step and more.
Data Issues Roundup – parties unite against SNP ‘super ID database’ plan, enforced subject access, and more download
A look at data issues in the UK, Europe and worldwide.
Amazon has appointed a new head of employment to its in-house legal team in the UK, just weeks after the distribution giant was accused of “bypassing the law” by offering set lump sums in exchange for staff redundancies.
Mayer Brown has hired US National Security Agency (NSA) general counsel Rajesh De to lead its privacy and security practice from Washington DC.
Wragge Lawrence Graham & Co’s privacy experts examine the findings of a new report on cookie usage, explain what it might mean for websites in the future and provide their top 10 cookie tips.
Cooley has hired Reed Smith life sciences partners John Wilkinson and Nicola Maguire to join its London office as partners.
Article 4(2) of the Information Society Directive provides that the exclusive distribution right of a copyright owner shall not be exhausted within the EU, in respect of the original or copies of the work.
In Macedonia, the Law on Personal Data Protection governs personal data protection issues. The amended version came into force as of 11 March 2014.
A look at data issues in the UK, Europe and worldwide.
How executives can protect their reputation in a world of online profiles, posts and public records.
In Montenegro there is no specific regulation governing online privacy (including cookies). Accordingly, the general data protection rules are relevant to online privacy too.
Regular overview. Also includes latest developments on the borrower-lender-supplier agreement exemption, crowdfunding and card payment schemes.
X marks the spot: signature machines download
The use of a signature machine by a company director to sign a personal guarantee and indemnity on behalf of a personal guarantor brought the execution of contracts back into the spotlight.
Compu-Finder did not have consent to send commercial emails promoting management and professional development training courses to businesses.
Is a domain name a property right? download
The true ownership of a domain name and the type of rights therein are more complicated than they might at first appear
For the first time in Europe, Google will be the subject of regular checks to monitor progress status of the actions to bring its platform into line with domestic legislation.
Data Issues Roundup, February 2015: Visa to track smartphones, revenge porn, UK named worst for data breaches and more download
A look at data issues in the UK, Europe and worldwide.
Khaitan & Co advised Unify in relation to the acquisition, by Progility, of the entire shareholding of the Unify Group in Unify Enterprise Communications.
AdTech and monetisation update: privacy on Google Chrome, native advertising, healthcare apps and more download
Advertising technology and monetisation update, including regulatory developments in the fields of information privacy and online advertising.
Marketing on social networks attracts the attention of the Advertising Standards Agency on a regular basis. This special bulletin considers the most recent adjudication, relating to Watch Daddy Cook.
Eversheds takes a look at recent deals where large technology companies have acquired add-on businesses, particularly in the areas of social media, cloud, mobile commerce and security.
Ofcom is proposing the regulation of all electrical apparatus to ensure it does not cause undue interference to wireless telegraphy equipment.
The Competition and Markets Authority (CMA) has invited views from the business community and consumers on the development of online reviews and endorsements.
In Italy, for the first time in Europe Google is to be subject to regular checks to monitor its progress on bringing its platform into line with domestic legislation.
It is possible for employers to defend unfair dismissal claims arising from inappropriate use of social media even if the misconduct is not work-related.
A decision that held Yahoo! responsible for copyright infringement in connection with videos uploaded by end-users has been overturned.
Choudao Equity, an online equity crowdfunding platform of Shanghai Zhongniu Network Technology has been launched.
ShunSin Technology has been successfully listed on the Taiwan Stock Exchange.
EU and US businesses are asking their governments for help in stopping the implementation of Chinese cyber security regulations that could undermine the ability of foreign companies to get into the banking IT market in China.
Earlier this month the Insolvency Service issued an updated draft statutory order regarding the provision of essential IT supplies which is planned to come into force on 1 October 2015.
A GRATA Law Firm representative took part in the International Legal IP Forum, held recently in Moscow.
Big Data, big deal? download
The first week of each New Year sees the International Consumer Electronics Show (CES) roll into Las Vegas, providing an annual glimpse into the future of consumer technology.
HFN advised global electronic design company Cadence Design Systems in its acquisition of the high-speed interface IP assets of TranSwitch.
Cyber security update: SEC and FINRA publications, data breach at Anthem, LinkedIn settlement and more download
HFN highlights several recent developments and trends in the cyber-security sphere which are expected to remain in regulatory focus during the course of the year.
The Legal Writings (Counterparts and Delivery) (Scotland) Bill allows the execution in counterpart of formal documents and contracts in Scotland to become legally effective by electronic delivery.
Interrogation of Big Data download
In this briefing, which provides some pointers for making sense of Big Data, Hayley Pizzey of Shepherd and Wedderburn discusses the methods and tools which can be used to interrogate data sets.
As the DPR awaits European Council approval, how is the Council’s vision for the new rules developing?
Shoosmiths has advised Hewlett Packard on a new lease of 68,000sq ft of Grade A office space in the City of London, at 1 Aldermanbury Square.
Technology, media & telecommunications is a highly innovative and progressive sector.
Homeland security experts warn of the next wide-scale military offensive beginning with a decisive zero-day cyber attack.
The Ched Evans rape case has polarised opinion, so it’s time for some straight talking.
Technology and information sector in London is ”growing faster than that of California”.
Paolo Rampulla of NCTM has assisted DBA Lab regarding tax matters on its aquisition of the entire capital of ACTUAL IT, a Slovenian company active in the development of IT solutions.
We have a very substantial and enduring practice in the field of information technology and communications law.
Technology M&A is leading the way in Israel as foreign companies clamour to invest, but will a regulator’s U-turn put the brakes on growth?
We thought that we would share some basic data protection tips with those of you who did not see our tweets on International Data Protection Day.
In Israel’s largest umbrella organisation representing the hi-tech industries there is concern about the growing number of transfer pricing audits, specifically in the field of ESOP matters.
Big Data download
In the first in a series of articles exploring the challenges and opportunities of managing and exploiting data, Hayley Pizzey provides guidance for in-house lawyers seeking to make sense of it all.
Blogs and their related video based versions ‘vlogs’ remain a popular way for individuals, organisations, and companies to communicate with others.
Cooley has announced a 19 per cent increase in revenue for the 2014 financial year, with turnover growing from $674m to $802m (£524.5m).
Dentons presents its five big takeaways from this story.
The UK needs a light touch, regulatory regime focused on virtual currency exchanges.
In these complex and thought-provoking times in Israel each individual has his/her opinion about the situation and the solutions, and many choose to share these on social media.
As a signatory of iRights, Schillings has embarked on a three-month research project to build a legal framework for the adoption of the iRights.
Twitter takes on the trolls download
It was revealed yesterday that Dick Costolo, the CEO of Twitter, admitted on Twitter’s internal forums that Twitter ‘sucks at dealing with abuse and trolls’.
Shanghai Visionet Information Technology has successfully listed on the National Equities Exchange and Quotations (NEEQ) system.
BDK has advised Israeli TabTale on the acquisition of Serbian computer and mobile game developer Level Bit.
The Tunisian office of Eversheds, Eversheds El Heni, has made Emna Louati a partner.
Shepherd and Wedderburn will be speaking at this month’s Global Law Summit in London, dubbed by former Attorney General Dominic Grieve ‘the Davos of where law meets business’.
Social media offers huge opportunities for brands to strengthen their reputation and build stronger relationships with their customers and other stakeholders. But it can be a double-edged sword.
Shoe retailer Office commits to addressing issues of data protection.
Such is Dr Raminder Ranger’s success as an entrepreneur that he has received, among other things, an MBE for his services to business.
Competition and Markets Authority issues a call for information on the commercial use of consumer data download
As part of a project to understand how firms collect and use consumer data, the CMA issued a call for information on 27 January 2015 on the commercial use of consumer data.
Data Issues Roundup — death inquiries data lost; Google only removes EU search results; report on Internet of Things; and more download
Addleshaw Goddard has released the 30 January 2015 issue of its Data Issues Roundup.
Wragge Lawrence Graham & Co has advised high-street retailer and long-standing client Argos on its arrangement with Sainsbury’s to launch a series of new Argos digital stores within a number of its UK supermarkets.
Shoosmiths has advised Milton Keynes based Intelligent Maintenance Systems Limited on a transaction with E.ON Connecting Energies Ltd that has seen the energy company take a 25 per cent stake in the company.
Dentons Global Mobility Guide 2015 download
The ability to move skilled workers globally is essential to the success of the world economy and the companies that drive it.
The House of Commons in Canada is back in session. The federal Conservative Government wasted no time in introducing sweeping anti-terrorism bill (Bill C-51, the Anti-terrorism Act, 2015).
Morrison & Foerster (MoFo) has turned to De Brauw Blackstone Westbroek for the hire of two data protection lawyers, including the Dutch firm’s global data privacy chair Lokke Moerel.
Gateley has expanded its London team with the appointment of two new partners. Craig Rattray joins the firm’s commercial, technology and media team and Steven Raize has been appointed to the firm’s corporate team.
Ryanair flying high at the CJEU download
CJEU rules when the owner of a database is free, subject to national law, to adopt contractual terms and conditions governing its use.
Personalised greeting card company Moonpig has become the latest in a string of companies to hit the headlines because of a flaw in its cyber security.
The CJEU has handed down a ruling that may significantly affect owners of databases of information who wish to restrict how their data is used and those who make use of such databases.
Annual cybersecurity roundup 2014 download
Nicola Fulford and Alex Cravero of Kemp Little look back at the most significant security and data privacy issues of 2014, and consider what we might expect to see in 2015.
The latest version of the Payment Card Industry Data Security Standard (PCI DSS) took effect from 1 January 2015.
The vulnerability of information on digital platforms constitutes an unprecedented risk and the undermining of customer trust goes straight to the bottom line.
Looking across our cyber response engagements there’s a stark – and illuminating – contrast between the UK and US.
Decree-Law 133/2014, known as the ‘Unlock Italy Decree’, has significant implications for the telecoms sector. In particular, a 50 per cent tax credit is envisaged for wideband in ‘white areas’.
US firm Vedder Price’s London office has advised on the launch of Digital Securities Exchange (DSX) - the first company in the UK to bring bitcoin trading into a secure regulated environment.
Shoe retailer Office has become the latest retailer to have its knuckles wrapped by the Information Commissioner’s Office following a data protection breach.
In association with Fox Rodney, Saunderson House and Thomson Reuters
The proposed counter-terrorism law looks set to leave ISPs and social media sites uncomfortably torn between security and privacy demands.
Recent research by PwC shows that over a third of organisations retain information ‘just in case’.
In this article, Shepherd & Wedderburn reviews a recent decision of the Inner House, which refused to order disclosure of the identity of two anonymous users of the Tripadvisor website.
Schoenherr has advised General Electric on its acquisition of Francesconi Technologie.
Wearable technology in the workplace download
Despite the efforts of The Apprentice candidates, wearable technology is no laughing matter; this £450m industry is becoming increasingly popular, both in and outside the workplace.
Tweeting hell! download
The behaviour of employees on social media and an employer’s ability to discipline inappropriate behaviour has been a hot topic for some time.
Dacheng Guangzhou lawyers advise Zhongyunchuang Optoelectronic on its NEEQ listing.
Dacheng’s Guangzhou office has advised Bangxin Survey Technology on its NEEQ listing.
The procedure for annual financial reporting in Serbia has been modernised.
Data Issues Roundup — firm warned to stop nuisance text messages; EU ruling on CCTV; ICO's privacy seals; and more download
Addleshaw Goddard has released the 19 January 2014 issue of its Data Issues Roundup .
The OPC stated that it ‘may’ be acceptable to rely on implied or opt-out consent when tracking and targeting individuals for online behavioural advertising purposes.
Manchester firm Gunnercooke has signed a deal to provide office space, regulatory, insurance and back office support services to two-man start-up firm Ignition Law.
A dataset is a collection of data that is manipulated by computers to produce relevant information on any given subject matter.
We offer advice to telecoms companies, government bodies, regulators and industry participants on all aspects of Bermuda’s telecommunications regime.
In recognition of the rapid increase in the use of social media in the financial and fundraising context, on 6 August 2014 the FCA consulted on new guidance
CJEU’s decision has implications on limiting the sale of products offered on third-party websites via screen scraping download
PR Aviation used ‘screen scraping’ to sell offer Ryanair flights for sale directly to the public.
Our data protection practice has deep expertise advising on data protection matters.
Recent reports indicate that Netflix may be cracking down on the use of virtual private networks. The legal issue is licensing.
Under the Data Protection Acts employers who force subject access requests now commit a criminal offence and there are increased notification obligations on data controllers.
Our practice works with leading clients in the media and technology sectors.
New California laws download
Governor Jerry Brown signed 930 bills during the 2014 session, the most in a single year since he took office in 2011. He also vetoed 143 bills, or about 13 per cent of the total that were sent to him.
Russell Holland reviews the case of Game v Laws, which concerned an employee who was dismissed for making offensive “tweets”.
Are investor bulletin boards damaging your business? Tips for dealing with the darker side of shareholder activism download
The last 10 years have seen a growing trend of shareholder activism. Shareholders, both institutional and private investors, are increasingly seeking to make their voices heard.
Cooley CEO Joe Conroy talks to The Lawyer about the firm’s raid on Edwards Wildman and Morrison & Foerster (MoFo) and the plans for its London office.
A new cloud privacy standard download
Late last year ISO 27018 was published, covering the processing of personal data in the cloud.
Big data: ICO guidance download
In its paper entitled Big data and data protection published last year the Information Commissioner’s Office provides its view of the issues surrounding big data and privacy.
Cooley has raided Morrison & Foerster (MoFo)’s London-based corporate and technology practices and Edwards Wildman’s London office ahead of its imminent City launch, The Lawyer has learned.
Former US senator Saxby Chambliss has joined DLA Piper as a partner. He will be based in the firm’s Atlanta office and will advise clients across the country.
BWB Briefing for Charities and Social Enterprise — HM Treasury publishes response to 2014 call for evidence about credit unions; and more download
Bates Wells Braithwaite has released the 8 January 2015 issue of its BWB Briefing for Charities and Social Enterprises.
Data Issues Roundup — council warned after employee surveillance; T-Mobile to pay at least $90m to settle cramming case; and more download
Addleshaw Goddard has released the 5 January 2014 issue of its Data Issues Roundup.
Sports, Media and Entertainment Intelligence: UK's anti-corruption plan; the rise of drones as an issue in sport; and more
Sports, Media and Entertainment Intelligence is the global monthly publication from DLA Piper’s sports, media and entertainment group.
Travers Smith is advising the UK’s largest online rail bookings company thetrainline.com as it prepares to go public later this year.
DLA Piper has announced that Adam Sak has joined the firm’s technology transactions and strategic sourcing practice as a partner in the Silicon Valley office.
New student data privacy laws: top points for school contractors and K-12 education sites, apps and online services download
According to the Data Quality Campaign, 36 states considered 110 student data privacy bills this year, and 20 states enacted 28 such bills into law.
The use of e-signatures is becoming increasingly commonplace in commercial transactions, as individuals and businesses capitalise on the administrative efficiency afforded by today’s digital world.
From 1 January 2015, there will be a major change to the EU VAT rules which will affect businesses established in the EU and that supply digital services to end consumers located in other EU jurisdictions.
The US has changed the export controls on the export of microwave monolithic integrated circuits from Hong Kong.
Kemp Little partners are nominated as ‘one of the world’s leading practitioners’ for Technology, Media & Telecommunications.
Emmanuelle Ragot, IP/TMT partner, has been nominated by Who’s Who Legal as one of the world’s leading technology, media and telecommunications practitioners.
DLA Piper’s Mark Radcliffe, a Silicon Valley-based partner, has been chosen as one of 25 recipients of The Recorder’s first-ever ‘Innovator Award’.
CASL applies to the installation of ‘computer programs’ — software, apps and other programs — on the computer or device of another person.
Irwin Mitchell is the best top 50 firm in the UK at marketing itself online, particularly through social media - although firms’ online presence remains minimal.
The increased focus of national data protection authorities on the processing of personal data through mobile apps was again confirmed in an open letter from a group of data protection authorities.
With employees increasingly using their personal mobile phones for business calls, employers must consider the legal implications of today’s ‘always on’ environment more than ever.
A court ruled in the case of a plaintiff who claimed his privacy rights had been violated because Google search engine results of his name included news articles suggesting he had a criminal past.
Saudi Arabia Update — Shoura Council focus on monopolies; liberalisation of healthcare sector; and more download
Dentons’ latest Saudi Arabia Update covers healthcare liberalisation, employment law, consumer protection and judicial corruption.
InCredit — new rules on credit broking fees and financial promotions; FCA webpage on rules for loan-based crowdfunding platforms; CML responds on FPC direction powers download
This edition includes new rules on credit broking fees, the Q3 SME lending stats and the European Banking Authority’s thoughts on credit institutions.
The dispute between Interflora and Marks & Spencer has taken yet another twist.
DLA Piper presents its top five countdown of privacy and cyber predictions and trends and issues for 2015 including the ‘ripple effect’ — the impact of EU data protection regulation.
The Royal Court of Jersey has held that a businesses’ client contact information, stored on a database such as Microsoft Outlook, is protected by laws of confidentiality.
Let’s look back over some of the capital market activity which captured the attention of the investors and the media this year.
In today’s digital age, false rumours and misinformation can quickly escalate and impact reputation like never before.
Under section 20 of the Copyright, Designs and Patents Act 1988 it is primary infringement of copyright to communicate a copyrighted work to the public without the owner’s consent.
Data and analytics are priorities for senior Asia Pacific executives, according to a KPMG International report.
Optus has reached an agreement with NBN Co on the future of its Hybrid Fibre Coaxial (HFC) network to enable the accelerated roll-out of Australia’s National Broadband Network (NBN).
We advise both listed and privately-held companies on matters relating to media and intellectual property law, draft contracts and conduct litigation.
At this time of year, employers need to be mindful that social media can be the Christmas present nobody wants.
Video game piracy: levelling up download
Like all digital content industries, video gaming has been beset by piracy, and this article looks at some of the issues facing the sector.
On 7 December the final report was issued by Australia’s Financial System Inquiry. This briefing is a summary of the key points relevant to innovation.
MPs to challenge data laws in court download
Laws that let security organisations tap into internet and telephone records are to be challenged by two MPs.
The Hong Kong privacy commissioner for personal data (PCPD) announced last week that a former insurance agent has received a prison sentence in respect of offences under the Personal Data (Privacy) Ordinance.
Technology boutique Kemp Little has launched a service dedicated to advising startup businesses.
In a market that has become synonymous with change it is no coincidence (to us at least) that in the past three months we have been asked to help recruit IT directors into four successful, innovative law firms.
According to IBM, 90 per cent of the world’s data was created in the past two years. The rise of ‘wearable technology’ will only serve to increase the levels of data collected.
Penningtons Manches has announced the opening of its first office outside of the UK in San Francisco to cash in on the firm’s network of clients in the area and boost its M&A cross-border offering.
E-card? E-nough already download
There is one thing I really can’t condone — the e-card.
Sarah Sasse, who leads Wragge Lawrence Graham & Co’s public sector IT/outsourcing practice, has been named in the 2014 Power Part Time list.
Sports, Media and Entertainment Intelligence: more good news for the creative sector; product recalls and brand reputation
The December issue of Sports, Media and Entertainment Intelligence discusses brand reputation, broadcasting, data protection, gambling and more.
KPMG Capital said its investment is its latest step in accelerating innovations in data and analytics and bringing them to market.
Wragge Lawrence Graham & Co’s automotive team will play a significant role in a driverless cars initiative.
Austrian electronics specialist Rohde & Schwarz-Österreich is leading a consortium related to Serbia’s digital switchover.
Data Issues Roundup — Expert Panel warns of biometric data issues; ICO to undergo triennial review; and more download
Addleshaw Goddard has released the 4 December 2014 issue of its Data Issues Roundup.
Dacheng has advised Wuhan Super Gamer Network Technology on its successful listing on the National Equities Exchange and Quotations (NEEQ) system.
Managing the risk of IT failure download
The far-reaching consequences of IT failure were illustrated with dramatic effect by the system crash suffered by RBS in 2012.
Kemp Little’s Nicola Fulford and Kemp Little Consulting’s Jim Odell will be chairing at the 5th Edition Analytics and Big Data Congress.
Section 56 of the Data Protection Act 1998, dormant since the DPA came into force, is expected to be implemented shortly.
Memery Crystal’s employment team has come up with the top five things that it sees as the most relevant for employers to consider when using social media in their workplace.
On 26 November, Memery Crystal’s employment department hosted a panel discussion on the topic of social media in the workplace at its office in London.
Eversheds’ Andrew Terry has commented following a ruling from the Advertising Standards Authority that UK vloggers will have to make absolutely clear when they are paid to promote products or services.
When it comes to protecting sensitive personal data, it would be wrong to consider yourself less vulnerable simply because you don’t tweet or don’t have the latest apps on your smartphone.
The continued dependence on electronic and network-based systems means that all businesses, regardless of their size or area of operation are increasingly exposed to cyber risks.
The Advertising Standards Authority has warned video bloggers — vloggers — that they need to be clearer when they are accepting payment for promoting products.
Advanced technological service enterprises continue to enjoy preferential income tax treatment download
The Ministry of Finance and the State Administration of Taxation jointly issued the Circular confirming continuance of the preferential income tax treatment for ATSE for 1 January 2014 to the end of 2018.
Goodman Derrick has received recommendations in all of its core commercial practice areas from Chamber & Partners and The Legal 500 in their 2014 editions.
The report on the intelligence relating to the murder of Lee Rigby raises some complex privacy issues, says Paula Barrett, head of privacy at Eversheds.
Liz Fitzsimons, data privacy expert at Eversheds, has commented on reports of a cyber attack on Sony Pictures.
Nathan Donaldson has provided governor appeals training to ensure that the executive of Ravensbourne had sufficient governors to call upon to hear any future grievance.
An Ontario employee has been convicted of criminal mischief after sending a fake email to fellow employees, degrading another co-worker.
The cost of poorly performing IT and intra-group outsourcing in the FS sector — it could be higher than you think download
The recent spate of fines handed down to banks demonstrates how critical the understanding, control and oversight of IT systems has become within the FS sector.
Nicola Fulford, privacy and data protection partner, and Alex Cravero, commercial technology associate, discuss the significance of the Shellshock bugs.
James Batham, head of the retail sector at Eversheds, has commented on the importance of Black Friday to the Christmas retail period.
Medical negligence experts at Neil Hudgell Solicitors have welcomed the NHS’s move to bring greater transparency with its MyNHS website.
While many practices are focused on improving their digital data security, the security of data in print too often remains a blind spot.
Forty-five per cent of financial services organisations have suffered economic crime during the survey period, compared with only 34 per cent across all other industries.
Breaking ground for FRAND licences download
The opinion in the dispute opposing Huawei and ZTE sheds a bright light on the legal landscape for injunctions in SEP-FRAND licensing contexts.
Financial Regulatory Developments — ESAs consult on PRIIPs KIDs; FCA updates financial crime reviews; and more download
Dentons has released the 21 November 2014 issue of its Financial Regulatory Developments (FReD) publication.
DLA Piper has represented iSocket, an advertising technology platform, in its acquisition by The Rubicon Project, an advertising automation company.
These are some of the key findings from a survey of leading business and IT service providers and sourcing advisory professionals.
Contractual remedies for defamation? Blackpool hotel adopts novel approach to damning TripAdvisor review download
The hotel is reported to have relied on a provision of its hotel policy, purportedly entitling it to charge a ’maximum £100 per review’ for every bad review left on a website.
DLA Piper has represented Groupon in its acquisition of Swarm Solutions, a San Francisco-based venture-backed technology company.
One current hot topic ‘good faith’. Can it be implied into contracts? If so, what would that mean in practice?
Clifford Chance is advising the Royal Bank of Scotland (RBS) as it prepares for another round of fines from the Financial Conduct Authority (FCA), this time in relation to a 2012 IT meltdown.
Installing a ‘computer program’ on a computer system is prohibited unless the program is installed with consent and complies with disclosure requirements.
Thanks to Richemont, trademark owners are now able to compel ISPs to block access to websites that advertise and sell counterfeit goods.
Mark Dunster has been appointed Bâtonnier of the Guernsey Bar. A partner at Carey Olsen Guernsey, Dunster was elected by his fellow members of the Bar.
Special attention has been paid to technology, media and telecommunications by the government of Uzbekistan in recent years.
Development in the ICT sector is one of the top priorities of the Kazakh government.
The claimant, IPC Media, is the publisher of the Ideal Home magazine. The defendant, Media 10, runs the Ideal Home Show.
CASL is a new regime, with significant administrative monetary penalties and is broader in scope than the anti-spam laws of the US and other countries.
CJEU zooms in on framing download
The CJEU has held that framing copyright-protected videos is not an infringement, even if the framing occurred without the permission of the copyright owner.
BWB Briefing for Charities and Social Enterprises — FAQs for charities on the impact of the Lobbying Act; and more download
Bates Wells Braithwaite has released the 13 November 2014 issue of its BWB Briefing for Charities and Social Enterprises.
BDK has launched a new life sciences and healthcare practice group, which combines the firm’s existing capacity in various areas.
Prescriptions for apps download
On 13 November, the NHS announced a ‘radical’ new idea to become fully paperless — that is to say, provide more services online.
Cyber security — blanket? download
Tim Ryan guides us through the cyber-security puzzle with five useful recommendations.
The Isle of Man’s profile in the crypto currency sector has continued to grow and a number of businesses are progressing with their plans to establish on the Island.
The Court of Appeal has overturned the High Court ruling that M&S had infringed Interflora’s trademark rights in its name by purchasing and using it as a Google Ad-Word.
Australian Full Federal Court confirms position on the patentability of computer-implemented business methods download
The Full Court of the Australian Federal Court has handed down its much awaited decision in Research Affiliates LLC v Commissioner of Patents.
The firm covers all facets of IP law by combining the skills of its commercial and litigation IP lawyers and providing a specialised service to clients.
The Lawyer Research Service and Grant Thornton have surveyed more than 300 private practice lawyers and in-house counsel on their understanding of and use of e-discovery tools.
The CRTC has released new guidance on the provisions of Canada’s Anti-Spam Legislation (CASL) dealing with the installation of computer programs.
Employment Law Round-up — landmark EAT case on holiday pay; right to privacy in the workplace; TUPE; and more download
In this issue, we look first at the landmark EAT case on holiday pay, which attracted a lot of TV and press attention earlier this month.
DLA Piper has represented Avalara in its financing round of $100m from an affiliate of private equity firm Warburg Pincus.
Given the growth in the amount of data businesses create and store, it’s a good point in time to determine how companies and law firms are working with eDiscovery and computer forensics.
DLA Piper has announced that Jeanne Bossi-Malafosse will join the firm in Paris as counsel.
DLA Piper partner Patrick Van Eecke took part in a panel last week aimed at helping Google decide which principles should be used when removing content.
Chambers UK has placed Wragge Lawrence Graham & Co in 43 categories, 17 of which are in Band 1.
Dealing with today’s cyber threat isn’t simply a question of reviewing your security systems.
Latency is the delay experienced in an IT system between an input being sent and an output being received.
Agile software development download
The term ‘software development’ is used to describe the set of steps or phases that a computer program goes through when it is being developed.
Kemp Little and Kemp Little Consulting have celebrated the first anniversary of the launch of the consulting firm.
Automatic exchange of information download
On 29 October, 51 jurisdictions signed a multilateral agreement to participate in the automatic exchange of information under the Common Reporting Standard.
Sports, Media and Entertainment Intelligence — Google privacy case in Japan; FIFA Women’s World Cup; and more
Sports, Media and Entertainment Intelligence is the global monthly publication from DLA Piper’s sports, media and entertainment group.
This article seeks to share insights as an ‘alert’, so to speak, to the vulnerabilities to watch for in protection of personal information.
Sam Karim of Kings Chambers will be speaking at the 10th EHFCN Conference in Athens on 7 November.
GRATA Law Firm has been recommended as one of the leading law firms by Asialaw Profiles.
Email. A good or a bad thing? Well, mostly good, but for professional service firms working with global clients or international networks, here is a word or two of caution.
The Richemont Group has secured a landmark website blocking order against the five main retail internet service providers in the UK.
Data Issues Roundup — government increases ICO fining power for nuisance calls and spam messages; and more download
Addleshaw Goddard has released the 4 November 2014 issue of its Data Issues Roundup.
Telecommunications in Serbia download
There are three operators licensed for both mobile networks and mobile services: Telenor, Telekom Srbija, and Vip mobile.
Conyers has acted for Exar Corporation, a supplier of high-performance integrated circuits and system solutions, on its acquisition of Integrated Memory Logic.
Pillsbury has announced that public policy lawyer Mercedes Tunstall is set to join the firm’s Washington DC office.
Copyright — AGCOM regulation relating to online copyright protection is at risk for unconstitutionality download
TAR has expressed doubts about the constitutionality of the regulation by which AGCOM has intervened for copyright protection on electronic communications networks.
A social media aggregation site will provide a simple way to follow and analyse Twitter conversations from participants at the World Economic Forum on 4–6 November 2014.
Statistics of retail sales from December 2013 show that nearly 20 per cent of all non-food purchases originated from online sales.
In AB v A Chief Constable, High Court [QBD]  IRLR 700, the High Court considered whether an employer is under a duty to supply a reference.
Osborne Clarke has signed a relationship deal with new Indian firm BTG Legal, led by its former India group head Prashant Mara.
The Americanisation of UK law is coming - so what are firms doing about it?
People have responded to the technological revolution by working longer hours and refusing to leave the office behind even when they can be prised from the desk.
Pillsbury has announced that Kecia J Reynolds has joined the Northern Virginia office as a partner in the firm’s intellectual property practice.
Paul Hastings’ London office has hired White & Case’s former IP and technology London head and global data privacy and cyber security chair Ashley Winton.
Shanghai-based senior partner Wang Enshun and partner Qiu Pei from Dacheng recently attended the launch ceremony of a ‘one-button-solves-it-all’ platform.
Within a week of his judgment in Cartier v Sky, Arnold J has handed down his decision in another request for website blocking orders.
Memery Crystal’s employment team is set to host a breakfast panel discussion — ‘Social media: what employers need to consider’.
Accessibility 2.0 — is your company’s website accessible to disabled individuals? Five practical steps toward compliance download
Accessibility under the ADA and the Unruh Civil Rights Act includes website access for the visually impaired and others who use assistive technology when accessing the internet.
A study published recently by PwC shows that many organisations lack both clear leadership and strategies for tackling the security threats they face.
Law à la Mode — understanding the EU Consumer Rights Directive; free zones in the UAE; unregistered design rights; and more download
The German editorial team presents the 14th edition of Law à la Mode, the quarterly legal magazine brought to you by DLA Piper’s fashion, retail and design group.
The commissioner of lobbying, pursuant to powers in the Lobbying Act, has published a revised code of conduct and invited written submissions on these proposed revisions.
BYOD smartphones and tablets are the ‘Achilles heel’ of the IT security of most organisations and are the technology most often involved in cyber attacks.
‘Turning the tables on the stalkers’ will focus on the implications for service providers and the effectiveness of current legislation and policing.
Justice secretary Chris Grayling has outlined government proposals to quadruple the current six-month sentence for people found guilty of internet trolling.
All-In@EiG 2014 — gaming in the cloud; patents on gaming and gambling technology; legal issues surrounding Bitcoin; and more download
To coincide with the 13th European iGaming Congress and Expo, DLA Piper’s gaming team has launched All-In@EiG 2014.
‘Transforming Insurance’ — KPMG’s latest report — highlights the sector’s priorities and progress, particularly firms’ digital maturity, to meet the digital challenge.
On 29 September 2014, the Constitutional Law of the Republic of Kazakhstan was issued.
Individuals and businesses need to begin assessing the risk of their data being misused, not by the person they’re sending images to but by hackers who may attempt to steal their data.
The decision in Cartier International & others v B Sky B Ltd & others marks the first website blocking order awarded to a brand owner.
Data breaches are personal download
The recent hacking of celebrity images and those belonging to Snapchat users show that individuals are not immune to targeted cyber attacks.
UK and Europe: prioritising privacy download
Law firms and clients that are caught unaware of changes to international data protection legislation risk heavy fines.
Social media is an ever-increasing area of litigation. Facebook users spend more than 10.5 billion minutes per day on the website, for example.
E-health and fitness/wellness applications are being investigated and potentially sanctioned by the Italian data protection authority.
This article briefly surveys risks from the US healthcare perspective when companies choose to adopt a BYOD policy.
Cartier has been successful in obtaining an internet blocking order against ISPs to stop access to third-party websites offering fakes or counterfeit products.
The move will reportedly allow the operation to continue its growth plans within Nottingham’s professional quarter.
Kemp Little has become a 2015 FinTech50 partner. FinTech50 recognises businesses in Europe’s technology sector for their innovation.
Data Issues Roundup — ICO issues new code of practice; ‘revenge porn’ to become offence; and more download
Addleshaw Goddard has released the 16 October 2014 issue of its Data Issues Roundup, which provides a weekly round-up of data issues.
Tomasz Zalewski from Wierzbowski Eversheds, has been elected to the Expert Group in the field of intellectual property at PIIT.
Partners at B P Collins sponsored a recent international trade event that welcomed a delegation from the Osaka Chamber of Commerce and Industry (OCCI).
In the wake of Alibaba’s record-breaking listing in September, three more China-related IPOs are waiting in the wings.
Welcome to the sixth issue of Spotlight on Belgium. DLA Piper’s Belgian team brings you up to speed with the latest legal updates.
CAP issues update on ‘copycat’ websites following research from Ipsos Mori and recent rulings download
The Committee on Advertising Practice (CAP) has issued an update on the companies with ‘copycat’ websites following three recent decisions.
Beware of tax phishing scams download
Fake emails purporting to emanate from the CRA are informing the recipient that he/she has received an Interac email money transfer (i.e. a surprise refund).
Alastair Harris, associate in the commercial practice and financial services group, has commented on the news that spending on plastic hit a record high this summer.
Shoosmiths has boosted its corporate offering in the north west by bringing in a new senior associate and two further lawyers into its growing Manchester office.
Orange was represented by Dr Arwid Mednis, head of the privacy, information and communication technologies team and electronic communications team.
Walker Morris has strengthened its intellectual property group by appointing Rupert Bent as a partner and as the head of intellectual property.
Wragge Lawrence Graham & Co’s contentious trusts team has won The Legal 500’s Private Client Specialism of the Year award.
KPMG International has been welcomed by TEXATA as the major global ‘professional services’ sponsor of the TEXATA 2014 Big Data Analytics World Championships.
Not good friends: Fieldfisher and former privacy chief Ustaran settle dispute over 18-month notice period
It has emerged that Fieldfisher and its former data privacy head Eduardo Ustaran turned to arbitration to settle a dispute over his exit for Hogan Lovells, after the partner was accused of breaching the firm’s partnership agreement.
Schillings has won the most innovative law firm in corporate strategy award at the 2014 FT Innovative Lawyers Awards.
Pillsbury has assembled a new team to help clients with their global security strategy and compliance needs.
Khaitan & Co has advised on the sale of the entire business undertaking relating to Oracle ATG in Professional Access Software Development to Zensar Technologies.
Doing Business in Australia download
This guide provides sound, practical advice on the relevant laws and regulations for foreign companies looking to invest in Australia.
In a new book published by Harvard University Press, Hate Crimes in Cyber Space, Prof Danielle Citron lays her prescription for tackling the ‘awful internet’.
The winner of the Collyer Bristow Student Award 2014 is Middlesex University graduate Chis Alton for his project ‘EDL’, or English Disco Lovers.
The increased use of video as a publishing tool has reputation implications for individuals and businesses alike.
Banks launch fresh cybercrime drive download
Financial Fraud Action UK has published figures showing that internet and telephone banking fraud increased 59 per cent to £35.9m during the first six months of 2014.
Victoria Lee, a partner in DLA Piper’s Silicon Valley office, has been named to The Recorder’s list of Women Leaders in Tech Law for the second consecutive year.
According to The Legal 500, following the merger of Wragge & Co and Lawrence Graham in May 2014, the firm has ‘more strength and depth as well as wider international coverage’.
The Technology Leaders Forecast Survey is a poll of more than 200 technology executives and investors developed by DLA Piper and PitchBook.
Dentons Canada has announced that Chantal Bernier, former interim privacy commissioner of Canada, has joined the firm’s privacy and security practice as counsel.
Pillsbury Winthrop Shaw Pittman has strengthened its Middle Eastern presence with the hire of Bird & Bird partner Osama Abu-Dehays.
Wragge Lawrence Graham & Co has advised longstanding client Euroclear on its agreement with the US’s DTCC to develop a joint collateral processing service.
Walker Morris’s Andrew Northage has been shortlisted for the ‘Best Regulatory Lawyer of the Year’ award in the Thomson Reuters 10th Annual Compliance Awards.
Pillsbury has announced that Osama Abu-Dehays will join the Abu Dhabi office as a partner in the corporate and securities practice.
One positive that has come out of the recent wave of uncomfortably private photos being brandished is that not everyone wants to look at them.
Addressing the Tax Challenges of the Digital Economy: OECD issues final paper on BEPS Action 1 download
On 16 September 2014, the OECD issued Addressing the Tax Challenges of the Digital Economy. This article considers the main issues and options for taxation reform.
KPMG has acquired certain assets of Qubera Solutions, a privately held cyber-security firm that provides IAM services to Fortune 500 and Global 2000 companies.
Don’t leave me this way? Plans to force IT suppliers to continue to provide services to insolvent customers download
The Insolvency Service is undertaking a consultation exercise regarding a plan to ensure the continuity of supply of IT services to insolvent companies.
Sports, Media and Entertainment Intelligence — French legislation on evening advertising on public channels; and more
The October issue of Sports, Media and Entertainment Intelligence discusses evening advertising on public channels, gambling, paid television and more.
The US Department of Labor has proposed to require so-called ‘top-hat plan notices’ to be filed electronically instead of on paper.
Following testing in the US of driverless cars and the announcement in the UK that cars will be tested here from the start of next year, the debate around autonomous vehicles has intensified.
Kemp Little has been ranked again as a tier-one firm for M&A advice by The Legal 500 legal directory published on 1 October 2014.
Gateley has advised on a deal that saw investment vehicle Ensco 1070 invest in Oxford United Football Club.
The real threat from a data breach is not the incident itself, but the lasting damage it can cause to your reputation.
Copyright — according to the US copyright office, a macaque’s ‘selfie’ is not copyright protected download
A female macaque took a self-portrait using the camera of the English naturalist photographer David J Slater. The news raised doubts about the picture’s copyright protection.
PI proceedings were initiated by a company in order to enjoin a competitor from the continuing use in commerce of its registered trademarks as service name as well as over the internet.
The EU Court of Justice has handed down another judgment expected to further clarify the correct scope and interpretation of copyright ‘exceptions and limitations’.
Election advertising download
Partner Rupert Earle and paralegal Andrew Wheelhouse explain the restrictions on election advertising.
Laura Harper and Karen Proctor from Shoosmiths in Manchester are heading to Washington DC as part of a delegation of top north-west business people to sell the region to US companies.
The Electronic Media Act supersedes the Broadcasting Act, which divided the categories of licences depending on the facilities used for broadcasting.
Eversheds’ payments processing experts set the key findings in this report and what they mean for UK firms.
Conyers Dill & Pearman has provided Cayman law advice to the buying consortium on the privatisation and delisting of iSoftStone from the New York Stock Exchange.
Barnea & Co offers a full range of legal services for those engaged in the technology industry.
Financial Regulatory Developments — FSB reports on Cairns plenary; EBA consults on early intervention; and more download
Dentons has published the 26 September 2014 issue of its Financial Regulatory Developments (FReD) publication.
Barnea & Co is among Israel’s leading law firms in all aspects of the law relating to the internet, e-commerce, gaming and online financial trading.
Conyers Dill & Pearman has been named Offshore Law Firm of the Year at the 2014 8th Annual China Law & Practice Awards ceremony.
Following the record-setting IPO of Alibaba, Jack Ma is now a global business icon.
A derogatory comment posted on a social networking site will be defamatory if it contains an untrue imputation against the employer that serves to undermine the reputation of the organisation.
EU data protection laws apply to ‘personal data’ in the broadest sense. A business email sent by an employee from the office constitutes ‘personal data’ as long as the email identifies an individual.
There is now a clear public expectation that every sizeable consumer-facing business will have a social media presence of some sort.
Financial services in the cloud download
The cloud is all about exploiting the capabilities of the internet in order to provide services-based computing on a one-to-many scale.
Allocating risk in IT contracts download
This article focuses only on the statutory framework as it applies to business contracts.
In a small island, in the absence of robust restrictive covenants in the employment contract, the risk of an employee moving and working for a competitor is high.
MOrsel: in business, it’s not what you know, it’s who you know — Nautech Services Ltd v CSS Ltd and Ors download
The Royal Court in Jersey has held that a business’s client contact information, stored on a database, is protected by laws of confidentiality and copyright.
A global survey published by the Global Privacy Enforcement Network has found an alarming degree of data privacy failings among mobile apps.
What are some of the key changes you have seen in the digital legal space over the past five or so years? download
Over the last five years, we have seen numerous changes that have all led to changes in the digital legal space.
Wonga’s first-ever general counsel Lucy Vernall has left the company for internet lender Funding Circle, months after Wonga was forced to pay £2.6m in compensation for sending debt collection letters from fake law firms.
The government has decided to postpone the implementation of a fully online system for the registration of lasting powers of attorney at the Office of the Guardian.
Cybercrime is one of the fastest-growing criminal activities on the planet. It covers a huge range of illegal activity including financial scams and computer hacking.
The following commentary provides a brief overview of the short to medium term changes expected in the post-referendum environment.
Financial Regulatory Developments — Commission plans Level 2 programme; FCA publishes mobile payments review; and more download
Dentons has published the 19 September 2014 issue of its Financial Regulatory Developments (FReD) publication.
Have you noticed how each firm develops its own special language in the form of three- or four-letter acronyms?
£4m boost to UK’s cyber security download
A new £4m funding programme will boost the UK’s cyber security, while making it easier for companies to thrive online, it is hoped.
Shoosmiths has hosted an all-day event for London-based procurement professionals and in-house lawyers
Pillsbury’s corporate and securities — tech partner Jorge A del Calvo has been named one of the top 100 lawyers in California by The Daily Journal.
Intellectual Property and Technology News — service integration in the technology and sourcing space; and more download
Intellectual Property and Technology News (Asia Pacific) is a biannual publication from DLA Piper that offers perspectives, analysis and visionary ideas.
King & Capital’s lawyers can provide timely and high-quality legal services to the high technology information and media industry at home and abroad.
King & Capital’s intellectual property department deals with a wide range of matters including patents, trademarks, copyright and unfair competition.
WesPay has announced that Pillsbury partner Deborah S Thoren-Peden is the recipient of the Frank E Zima Award for Payments Advocacy.
DLA Piper has advised on the acquisition by Global Payments of Ezi Holdings (Ezidebit) for AUD305m.
Charities can be exempted from most of the provisions of the Data Protection Act, when they handle personal information in order to publish certain reports.
BWB Briefing for Charities and Social Enterprises — Electoral Commission publishes update for non-party campaigners; and more download
Bates Wells Braithwaite has released the latest issue of its BWB Briefing for Charities and Social Enterprises.
Data Issues Roundup — new Irish data protection commissioner appointed; Racing Post falls short on IT security; and more download
Addleshaw Goddard has released the 15 September 2014 issue of its Data Issues Roundup publication.
A report issued by WP 29 has raised concerns regarding certain limitations in Québec’s scheme of protection for personal information.
In the China Business Law Journal annual selection, Dacheng picked up a China Business Law Award and a 2013 Deal of the Year award.
Earlier this summer, the EBA published an analysis and opinion on virtual currencies — focusing on if they could or ought to be regulated.
The UK DMA has released a code of practice to address consumer concerns around data privacy and UK marketing practices.
Although advances in technology should be utilised to their maximum potential, wherever possible, it cannot be relied upon alone, says Andrew Petherbridge.
Eversheds partner Paul Pugh has commented on the latest advancements in automation technology.
Can the Premier League take down online goal videos and should it?
Bird & Bird CEO David Kerr has overseen a period of significant growth at the former IP boutique, and more is on the horizon.
Financial Regulatory Developments — presidency publishes IMD 2 compromise; new commissioners announced; and more download
Dentons has released the 12 September 2014 edition of its Financial Regulatory Developments (FReD) publication.
For many years, Luxembourg has positioned itself as a welcoming place for innovative companies in an objective of diversification.
The SEC has announced a mass action against 34 defendants for alleged violations of federal securities laws regarding reporting of stock holdings.
Members of the Global Privacy Enforcement Network (GPEN) have released the results of the network’s May 2014 privacy sweep.
Google has met with privacy experts in an attempt to nail down its policy regarding the recent ‘right to be forgotten’ legal ruling.
Panel reviews 2014: The chosen ones download
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Surviving a trademark opposition challenge: do you have a true ‘intent to use’? Five key tips download
An opposer establishes a prima facie case for lack of bona fide intent to use a mark when it can show that the applicant does not have any documentation evidencing steps to use the mark in US commerce.
Supreme Court Corner: Nautilus Inc v Biosig Instruments Inc; Limelight Networks Inc v Akamai Techs; and more download
DLA Piper has released the Q3 2014 issue its Supreme Court Corner publication.
Debates on the laws and regulations that will govern biosimilar products have been raging for some time.
The growth of R&D budgets and the increase in the number of patents issued to energy companies will likely result in a rise in patent disputes between competitors in the energy sector.
Intellectual Property and Technology News — state biosimilars laws are evolving; surviving a trademark opposition challenge; and more download
DLA Piper has released issue 23 of its Intellectual Property and Technology News, which reports on worldwide developments in IP and technology law.
Marco Santori, a leading authority on Bitcoin and digital currency, has joined as a counsel in Pillsbury’s intellectual property practice in New York.
As well as being experts in their own fields, our commercial lawyers are versatile enough to handle a wider range of issues.
Businesses should begin identifying the cookies that are used by their website. A ‘cookie audit’ should be undertaken with the assistance of IT departments/specialist legal advisers.
DLA Piper has advised Acturis, a portfolio company of Summit Partners, on the acquisition of software company NAFI.
Head of commerce, technology and media
Protecting the bank’s position when customers fall hook, (on)line and sinker for vishing frauds download
As fraud continues to cost the UK economy billions each year, bank customers are now looking to the banks to cover their losses. What steps should banks take to defend themselves?
For a number of years, one of the most hotly debated topics involving cloud computing has been around the security, confidentiality and integrity of data.
Fujitsu Services Ltd v IBM United Kingdom Ltd serves as a useful reminder of the court’s approach to implying terms into a contract and the construction of exclusion clauses.
The regulations relating to the licensing and use of orphan works will come into force in October this year.
The European data protection authorities will be conducting a ‘cookie sweep’. Businesses should be checking their websites and cookie notices now to ensure they are compliant and fix any issues.
In July 2014, the House of Lords Communications Committee published a report to inform and stimulate discussion on how the law should respond to offences committed using social media.
Digital technology and big data might help the industry reboot its relationship with patients and loosen its dependence on old-fashioned blockbuster drug development.
Liz Fitzsimons, data privacy expert at Eversheds, has commented on news that some banks will begin to use finger vein technology as a security measure.
Sports, Media and Entertainment Intelligence — broadcasters’ ownership; television advertising; data protection; and more
Sports, Media and Entertainment Intelligence is the global monthly publication from DLA Piper’s sports, media and entertainment group.
DLA Piper has advised Indian outsourcing company Wipro on the Australian component of a global acquisition deal worth roughly AUD208m.
Pillsbury has launched its Crisis Management Toolkit App, available now for download on the iTunes App Store and Google Play.
Africa InBrief — August 2014: the use of evidence obtained from social media; immigration lockdown; and more download
Eversheds has published the August 2014 issue of its Africa InBrief publication.
The FCC’s declaratory ruling re TCPA vicarious liability — one year later: trends and takeaways download
A year ago, we reported on the FCC’s declaratory ruling about telemarketing robocalls. How has the declaratory ruling been applied since then?
New threat to ‘bring your own device’ policies: employer required to reimburse personal cell phone expenses download
California employers must reimburse employees who are required to use personal mobile phones for work calls for a reasonable percentage of their phone bills.
Shepherd and Wedderburn has hired telecommunications expert Gordon Moir from Webb Henderson.
Charlotte Walker-Osborn has commented on news that top start-ups and venture capital firms are urging the UK government to relax rules and taxes.
The road ahead: what’s coming in the final months of the 113th Congress and the Lame Duck session download
Dentons’ look at the road ahead in Washington provides a snapshot of the key issues on the agenda before 4 November and in the ‘Lame Duck’ session to follow.
We advise clients on the full range of outsourcing needs, including information technology, business processes, facilities management and logistics.
Our team works with vendors and purchases to mitigate risk, resolve issues and achieve good deals on information technology projects.
There are more than 170 lawyers working globally to provide the best possible solution for your business, well-protected interests and carefully managed cost control.
Amendments to California’s security breach notification bill head to governor: key action points for businesses download
In what has become almost an annual ritual, California is poised to tweak its security breach notice law.
IP Rights in Data Handbook: protecting and exploiting IP in data, big data and databases internationally download
DLA Piper’s second-edition IP Rights in Data Handbook now covers 20 jurisdictions and includes top tips from local professionals on how best to exploit big data.
In August, the PCI Council published guidance aimed at businesses that engage third-party service providers to store, transmit or process cardholder data on its behalf.
It’s happened again. Another hack attack. This time aimed at photos that no-one intended to see the light of day.
Four of the world’s largest technology companies hit the headlines recently when they settled a $324m class action, but the settlement was later overturned in the courts.
Compulsion vs peer pressure download
Ryder Cup organisers have just announced that they are banning the use of audio or video capture and photos unless on the practice range.
Are your photos safe in the Cloud? download
It’s happened again. Another hack attack. This time aimed at photos that no-one intended to see the light of day. Here are the practical steps you can take.
Director, Capital Projects
Partner, Forensic Services
Partner, Forensic Services
Director, Capital Projects
Information governance is real, but projects are taking too long to get going and need better C-level support. These are some of the findings of the inaugural report of the IGI.
Director, Forensic Services
Director, Forensic Services
The Court of Turin has pronounced its appeal decision within the interim proceedings brought by Delta TV Programs against Google and Youtube for the infringement of its IP rights.
Partner, Forensic Services
Partner, Rights Management
Director, Forensic Services
UK Data Analytics Leader
Director, Forensic Services
Partner, Forensic Services
Director, Forensic Services
Partner, Forensic Services
A yearning for pioneering digital work across international boundaries means Ian Haslegrave has found his niche at electronics company Electrocomponents
Is your website legal? download
This briefing summarises some of the key information has to be disclosed by website operators.
Technology acquisitions round-up — Facebook acquires LiveRail; Apple acquires Beats Electronics; and more download
In this briefing, Eversheds sets out a choice pick of mergers and acquisitions from 2014 so far.
Deloitte has turned to Latham & Watkins and Taylor Wessing to advise it on potential claims arising from the explosive row between Hewlett-Packard (HP) and Autonomy in the months before the latter’s $11.1bn takeover.
Richard Tinham, head of commercial and corporate at Winckworth Sherwood, has been quoted in the Financial Times’ ‘Business questions: Expert advice’ section.
As cloud services develop and mature, one of the key differentiators between suppliers is the service-level agreements they are willing to offer.
For a number of years, lawyers have debated the issue of whether it is an infringement of copyright to link to or frame online content owned by a third party.
A new kitemark has been launched to give consumers extra confidence that the apps and websites they are using are secure.
Youung people are increasingly funding their leisure activities by a traditional route of borrowing from friends.
This article outlines the extent of EU sanctions targeted against Russia, Crimea and Sevastapol and provides some general guidance to TMT companies doing business in Russia.
On 22 July 2014, a new law amending the Law on Data Protection and Law on Information was signed off by the Russian president and thus was officially adopted.
A cross-office team from Gateley has advised on a deal that saw Dublin-based One51 acquire Straight for £10.7m.
Life Sciences Spotlight: Chinese regulatory enforcement action not slowing down; patent strategies and loyalty discounts; and more download
DLA Piper has released the fourth edition of Life Sciences Spotlight, which discusses developments in the sector across the Asia-Pacific region.
The allegedly unfair behaviour of a competitor does not justify exclusionary practices against it download
Cegedim, in a dominant position on the market of medical information databases, has been heavily sanctioned by the French Competition Authority.
The Canada Revenue Agency has introduced a new tool for tax compliance with the release of the first CRA app for businesses.
Rachel Moore looks at how to apply the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations to contracts concluded through an aggregator.
Minter Ellison has advised Oakton on its acquisition by Dimension Data Australia, which has entered into an agreement to purchase 100 per cent of Oakton’s 90 million shares.
The guidelines give EU businesses more certainty around what cloud service providers and cloud services consumers are responsible for when entering into contractual agreements.
Letter from Europe: cheeky monkey — Wikipedia claims copyright comes down to the press of a button download
Paul Harris shares his thoughts and observations on the commercial world, and intellectual property in particular. Here he focuses on the recent ‘monkey selfie’.
Court upholds contract terms — a bad bargain, however clearly drafted, will remain a bad bargain download
The recent case of Fujitsu Services Ltd v IBM United Kingdom Ltd is about one party’s efforts to defeat a clearly worded exclusion clause.
BWB’s public and regulatory law team, headed by Melanie Carter, provides practical and strategic advice and representation for its clients.
Our experienced team has worked on many high-profile defamation and privacy cases.
Just about every job we undertake has something different about it. This makes it easy for us to share our client’s excitement about what they are doing.
Our team operates predominantly in the small to mid-cap market, where we have extensive experience and a client-focused approach.
At BWB, we can advise both suppliers and customers for IT and outsourcing services on the full range of outsourcing projects.
The ATO has released its long-awaited public guidance on the Australian tax and GST treatment of bitcoin and other crypto-currencies.
We provide our clients with practical, commercial advice for marketing campaigns across all media and are ranked as leading advertising and marketing lawyers.
Head of operations, compliance officer for finance and admin, company secretary
Mr J Linwood v British Broadcasting Corporation sends a clear reminder to employers to carefully manage the performance failures of their managers.
Targeted use of digital media is essential for effective law firm marketing.
Tech companies taking longer to IPO download
The latest report on venture capital funding in the tech sector from CB Insights has revealed an interesting trend in the nature of tech businesses coming up to IPO.
The PDG’s open data statement will be of interest to any business that uses public data and/or wants to develop products and services built using public data.
Kemp Little discusses GoPro, a manufacturer of wearable cameras popular with extreme sports enthusiasts, and its share price surge following its IPO back in June.
Don’t forget the 23 September 2014 deadline to ensure your business associate agreements comply with the Omnibus Final Rule download
Covered entities with business associate agreements that were entered on or before 25 January 2013 must revise their BAAs by 23 September 2014.
Conyers has provided BVI and Cayman law advice to Century Sage Scientific Holdings regarding its listing on the Hong Kong Stock Exchange.
Conyers Dill & Pearman has been nominated in eight categories in the China Law and Practice awards.
Baltic firms Borenius and Lawin have taken the lead roles on the acquisition of social media site Ask.fm by questions and answers site Ask.com.
No5’s Adrian Keeling has defended Anthony France, 41, from Watford, who is facing charges of conspiracy to commit misconduct in public office.
James Lynas, a partner at Winckworth Sherwood specialising in education employment law, highlights easily avoidable human resources errors that can cost schools dear.
Football fans will not be pursued with legal action for sharing unofficial footage on the popular Twitter-owned video platform, Vine.
In 2013, 41 per cent of small firms fell prey to cyber criminals, with another 10 per cent hit by online fraud and 20 per cent affected by a computer virus.
We have a depth of experience across local and central government.
Withers has opened a new office in San Francisco, its first new base in more than two years.
Higher education providers are becoming increasingly popular targets for cyber attacks.
Life Sciences Spotlight: Chinese regulatory enforcement action showing no signs of slowing down; and more download
Welcome to the fourth edition of Life Sciences Spotlight.
Sky News Business Law TV host Carson Scott recently interviewed Melinda Upton, partner and group head of IPT Australia at DLA Piper.
The UK Information Commissioner’s Office (ICO) has recently published its annual report. This note highlights key points and potential developments in the regulation of data protection in the UK.
Twitter began to light up on 7 August 2014 when Canadian singer/songwriter Jann Arden began to object, via a series of tweets, to the practice of Calgary radio station 90.3 AMP of playing shortened versions of songs.
With so many Nigerians happily surfing the net, why have local banks not converted more of these sophisticated web users into internet banking customers?
In this article first published in Financier Worldwide, Rod Christie-Miller sets out the steps you can take when untruths start to be spread from behind the shield of a fake identity.
Withers has advised on the establishment of new industry body Innovate Finance, which supports the growth of cutting-edge technologies in the UK’s financial sector.
Monitoring risks in a changing world download
Continuous monitoring of a retailer’s risks against online information sources can pre-empt exposure and maximise opportunities.
The EU Article 29 Working Party’s guidance on the ‘legitimate interests’ ground for processing personal data download
If a data controller does not have the consent of a data subject to process his or her data, when does the ‘legitimate interest’ condition bite?
Dutch court rules that asking clients to share their personal banking security credentials is unlawful download
AFAS must desist from offering and/or encouraging ING customers to enter their personal internet banking credentials on the AFAS website, subject to a penalty for every breach of the order.
Khaitan & Co has advised EnerNOC, a provider of energy intelligence software, in relation to its acquisition of EnTech.
Corporate lawyers from Walker Morris have advised Proactis Holdings on its acquisition of the entire share capital of Intelligent Capture for £1.55m.
The FCA has provided a list of questions for regulated firms to consider when using third parties in the delivery of critical technology services.
We advise clients on all aspects of compliance with Swiss privacy and data protection laws.
Video: the IBM-Fujitsu dispute — how do an exclusion clause and a workshare arrangement co-exist? download
David Clark from IBB Solicitors talks about Fujitsu Services v IBM, which emphasises the need for commercial contracts to be carefully drafted.
The New York Times recently reported that an organised Russian criminal group stole approximately 1.2 billion username and password credentials.
Our intellectual property team advises on a range of contentious and non-contentious issues related to patents, trademarks, designs, copyright, licensing, and other intellectual property.
Sports, Media and Entertainment Intelligence — Aereo ‘astonishes’ broadcasters with new legal strategy; and more
A risk management framework should look at dependence on key suppliers or joint venture partners.
The Australian Privacy Commissioner has found that a suburban Melbourne medical practice has breached the Privacy Act 1988 (Cth).
Ageas (UK), which provides insurance services to more than nine million policy holders, is the most recent in-house legal department to choose Iken.
DLA Piper has announced that Geoffrey M Ossias has joined the firm’s corporate and finance practice as a partner in the Phoenix office.
The FCA has published a document setting out a number of considerations for firms who are thinking of using third-party technology or off-the-shelf banking solutions.
On 1 August 2014, the FDA released draft guidance that would exempt from premarket 510(k) review many low-risk medical devices
A fraud battle brewing between Hewlett-Packard (HP) and former Autonomy managers could see Clifford Chance and Wachtell Lipton Rosen & Katz squaring off in the High Court.
Alastair Harris, payment expert at Eversheds, has commented on SEPA payment regulations becoming fully operational in all eurozone countries.
Dacheng has advised Hefei Ecolite Information Technology on its listing on the National Equities Exchange and Quotations (NEEQ) system.
Dacheng has advised Hunan Changxin Changzhong Technology Co on its listing on the National Equities Exchange and Quotations (NEEQ) system.
The government is seeking views on implementing enhanced powers to ensure the continuity of the supply of essential services to insolvent businesses and individuals.
The revised competition regime for technology transfer agreements and its impact on high-tech SMEs download
In March 2014, the European Commission adopted a revised competition regime for technology transfer agreements.
NCTM has advised IBM International Group, the Dutch subsidiary of IBM, on the acquisition of the entire share capital of CrossIdeas.
Investigations — look who’s talking? download
E-discovery isn’t just about litigation anymore. Those involved in all sorts of investigations are realising the benefit of using powerful technology and processes.
Using words to battle cyber losses download
Words matter when it comes to cyber security, says Pillsbury’s Brian E Finch.
This paper outlines the key benefits of multi-sourcing, the challenges and risks and the options available to customers to manage these risks.
Mobile payments has been heralded as a growth area in technology, retail and financial services for some time now.
Khaitan & Co has advised E2open on all Indian-law-related aspects in relation to its acquisition of Serus Corporation USA for up to $26m.
This is an Australian-specific alternative chapter on data protection, which was designed to assist organisations operating in Australia with their new privacy responsibilities.
IP rights in data download
Copyright, database right, confidentiality and trademarks are all relevant when considering how data could be protected.
This briefing provides an comparison of the key provisions of the UK Data Protection Act 1998 (DPA) and the Singapore Personal Data Protection Act 2012 (PDPA).
The US House of Representatives has passed HR 3696, the National Cybersecurity and Critical Infrastructure Protection Act.
In this webcast, Jonathan Kirsop examines how the UK data protection regime applies to regulate disclosed information.
Shoosmiths has acted for KBC Advanced Technologies in a multi-million-pound acquisition. KBC has purchased FEESA for a value of £11.2m.
DLA Piper has advised the Australian Department of Defence on the completion of a AUD264m contract for hardware and software services with IBM.
Protecting confidential information is understandably an important issue for most employers.
The High Court has found numerous Newzbin defendants liable for copyright infringement and conspiracy to injure by unlawful means.
The chairman of the FCC has suggested that the private sector should take responsibility and accountability for managing cyber threats and risks.
In the midst of the gale-force winds of commentary whipped up by the Google case, we should pause and ask ourselves: just how ground-breaking is this decision?
It could soon become commonplace for consumer disputes to be dealt with online… thanks to the anticipated UK implementation of European law.
InSure — July 2014: FCA review into insurance price-comparison websites; Insurance Bill introduced; and more download
Addleshaw Goddard has published the July 2014 issue of its InSure publication.
Be Global — July 2014: new gender equality reporting obligations in Australia; meaning of ‘last wage’ clarified in UAE; and more
Be Global is DLA Piper’s snapshot of key global employment law developments designed to help you identify legal hotspots across your global operations.
The web-based training product is designed to leave managers better equipped and more confident to handle disciplinary issues.
SmartDocs was built in partnership with the Australian Corporate Lawyers Association (ACLA) and Minter Ellison.
Having remained fairly static for about 20 years, data protection laws in Europe are on the cusp of their next major overhaul.
In a move widely seen as inevitable, the NYDFS has released draft regulations for the establishment of a ‘BitLicense’ to govern virtual currency financial services.
DLA Piper has represented TubeMogul, an enterprise software company for digital branding, in its $43.8m IPO on the Nasdaq Global Select Market.
London Technology Week showcases London’s role as the digital capital of Europe and allows the industry’s top professionals to share ideas.
Gillian Duffy has joined Schillings as a senior associate, making her the latest addition to join the firm’s expanding reputation defence practice.
Do cyber attacks affect share price? download
It’s often suggested that a cyber breach can devastate share price. But is this right?
Admiral Mike Rogers, the new leader of the National Security Agency and Cyber Command, certainly has taken a different approach from his predecessor.
Following loss before the Supreme Court, Aereo ‘astonishes’ broadcasters with new legal strategy download
Aereo has asserted in federal district court that it is entitled to a compulsory licence to carry over-the-air broadcasts under §111 of the Copyright Act.
The recently reported and much criticised Facebook survey deliberately manipulated almost 700,000 account-holder newsfeeds and monitored the results.
Christopher Graham spoke at the recent Privacy Laws & Business Conference in Cambridge, UK. Here is an update of the main points.
Eversheds recently hosted its annual Technology, Media and Telecoms conference in front of personnel from some of the UK’s largest technology companies.
Tips for affiliate marketing download
Affiliate marketing is the term given to marketing whereby a supplier puts adverts for its products or services on a third party’s website.
Germany: Federal Cartel Office and courts make Adidas, ASICS and Casio drop ban on online marketplaces download
Renowned brands Adidas, ASICS and Casio must allow their approved resellers to use internet auction sites and online marketplaces to resell their goods.
Employment Update: summer 2014 — restrictive covenants; whistleblowing Q&A; fiduciary duties; and more download
Bates Wells Braithwaite has published its Employment Update for summer 2014.
Eversheds has advised South West Yorkshire Partnership NHS Foundation Trust on a procurement and tendering exercise to find a provider for the future provision of its IT services.
Gateley has made promotions in numerous practice areas. They include seven promotions to associate, seven to senior associate and two to legal director.
James Walsh, partner and head of telecommunications at Eversheds, has commented on the government’s new data retention bill.
KKR has agreed to acquire a 49 per cent stake in Ringier’s subsidiaries Scout24 Schweiz and Omnimedia. Bär & Karrer is acting as legal adviser to KKR.
The risks posed by insider threats download
With the vast tranches of information stored on organisations’ internal networks, the impact of a data breach can be critical for the company involved.
The same day he took the reins as chief judge for the District of Delaware, Judge Leonard P Stark substantially overhauled his patent practices.
Bates Wells Braithwaite’s charity and social enterprise team provides highlights of this week’s charity website announcements.
The Secret Service and the Department of Homeland Security have issued a warning to travellers and the hospitality industry about hotel business centres.
Allen & Overy has announced that Matthew Bathon has joined the firm’s global IP practice as senior counsel in the Washington DC office.
DLA Piper has represented cloud mitigation company Racemi in a $10m investment deal.
Emergency phone and internet data storage laws are set to be brought in by the UK government. Liz Fitzsimons and James Walsh discuss the laws.
DLA Piper has been recognised as a ‘standout’ among the ‘most favoured general firm IP departments’ by the BTI Consulting Group.
Two senior lawyers from Eversheds recently spoke at Practical Law’s inaugural Retail Law Forum.
The recovery in global M&A markets is developing a broader base, according to Allen & Overy’s latest M&A Index.
Wragge Lawrence Graham & Co has helped negotiate a significant extension to an existing high-profile agreement between eBay and Argos.
Walker Morris has advised nominated adviser and broker WH Ireland in connection with the placing of shares in Software Radio Technology on AIM.
One in 10 ex-partners have threatened to expose risqué images of their ex-partner online, with around 20 sites operating in the UK where people can view revenge porn images.
In this video interview, partner Todd Daubert discusses the specific impact of technological advancement on four key sectors.
US broadcasters have won an important battle in their efforts to prevent an unlicensed service from providing online real-time streaming of their broadcasts.
In this year’s Top of Mind Survey, 469 consumer executives were asked how technology and other consumer and industry trends were influencing their corporate strategies.
Conyers Dill & Pearman has provided Bermuda legal advice to Xyratex in connection with its acquisition by Seagate Technology for $374m.
BDK Advokati/Attorneys at Law has submitted to the Serbian commissioner for information of public importance and data protection an analysis of the draft Data Protection Act.
DLA Piper has advised GE Betz on its acquisition of the entire issued share capital of Monsal Holdings for an undisclosed sum.
Not just a matter of terminology: disclosure between the US and UK is redefining the role of legal counsel download
Cory Birenbaum and Rod Anderson outline how general counsel and their advisers can prevent their employers from falling afoul of US judges.
Execution of search and seizure warrants in criminal matters in respect of electronic data held by persons bound by secrecy rules download
Such measures are not only questionable from the perspective of criminal procedural rules, but also raise serious concerns from a professional secrecy point of view.
The internet as confessional is perhaps a wholly new spiritual approach to how we treat online communities and raises important legal issues for website users and hosts.
Bates Wells Braithwaite’s charity and social enterprise team provides highlights of this week’s charity website announcements.
Rulefinder CBDT is the latest service in the suite of online subscription services provided by Allen & Overy’s affiliate Derivative Services.
Allen & Overy has supported corporate software provider SAP on its change of form to a European company (‘societas Europaea’, or SE).
Social media offers many opportunities for law firms, and yet there is still much reluctance.
The government has launched a consultation on its proposals to force more crucial suppliers to continue to supply their services during formal insolvencies, irrespective of any pre-existing debts.
The Google ‘right to be forgotten’ ruling and its wider implications for real-estate businesses download
The implications of the Google ruling will be relevant to all types of business — including real-estate businesses.
No5 Chambers has announced that Jonathan Shaw is now an accredited mediator.
Wildgen has announced that Emmanuelle Ragot, head of the IP/TMT practice group at Wildgen, has been named ‘IP Star’ by Managing Intellectual Property.
Employers should be aware of a number of recent developments in the employment law arena.
California courts are clarifying potential liability under the CMIA of healthcare providers, health plans, pharmaceutical companies and others for the unauthorised disclosure of medical information.
Bates Wells Braithwaite’s charity and social enterprise team provides highlights of this week’s charity website announcements.
The Russian Parliament has just passed new rules requiring the personal data of Russians to be stored in Russia.
Last December, bitcoin prices plummeted by nearly half, after Chinese authorities banned all financial institutions in China from engaging in bitcoin-related business.
While the use of Bitcoin may not presently be widely accepted like cash or electronic funds transfers, it is undeniable that the market opportunities for Bitcoin are rapidly increasing.
Wragge Lawrence Graham & Co has announced the promotion of 13 lawyers to the firm’s legal director role.
According to a YouGov report, 65 per cent of companies currently allow employees to bring their own devices to work, but only a quarter have a a formal policy in place.
Working with direct providers of travel services, Kemp Little has developed a unique specialist knowledge of the sector.
In the diverse and rapidly changing software sector, our clients need informed and practised advice. They get this from Kemp Little.
Our legal professionals work alongside social media providers and users in relation to commercial, privacy, data, advertising, intellectual property, employment and corporate issues.
We have extensive experience of advising customers and suppliers in the retail sector on technology development, licensing and supply projects.
Head of corporate, private equity and venture capital
Kemp Little recognises that the use of technology in professional services firms is reaching a tipping point.
Head of commercial technology
Head of outsourcing
Head of data protection and privacy
Head of competition and associate
DLA Piper has played a key role in the launch of guidelines issued by the European Commission intended to help businesses save money and get the most out of cloud computing services.
Scarcely a day goes by without there being a report of someone being cyber bullied. Incidences are not limited to celebrities but can, and do, affect anyone and everyone.
The EU Data Protection Regulation was discussed at the Privacy Laws & Business conference in Cambridge, UK.
Smart redactions, smarter review download
Axcelerate 5 leverages modern web technology and intuitive controls for an easier, more engaging review experience with less toil and delay.
Visualised communications analysis download
Combining machine learning, concept analysis and a rich visual environment, Hypergraph allows users to explore and comprehend their data.
Khaitan & Co has advised Foliage Software Systems Business Trust in relation to its acquisition by Altran Solutions Corp.
Organisations need a comprehensive cloud ESI collection strategy to prepare for litigation, investigations and regulatory compliance.
The information explosion has produced a massive headache for enterprises trying to contain and manage ever-expanding volumes of data.
It looks as if for some the ‘right to be forgotten’ may quickly become a sure-fire way of being remembered.
Schillings partner Chris Scott and senior associate Jennie Sumpster have given evidence to the House of Lords EU Select Committee (Sub-Committee F).
At Kemp Little, we have helped to drive the adoption of technology and data analytics as well as providing advice to life science companies supplying the sector.
Bird & Bird has further expanded its horizons with the announcement of a cooperation agreement with Turkish firm BTS & Partners.
Blackstone Chambers’ Ben Jaffey and Tom Cleaver have been drafted in by Bhatt Murphy on behalf of a group of internet service providers (ISPs) that have launched a legal claim against the Government over surveillance.
Aereo infringes broadcasters’ copyrights, US Supreme Court rules — coming impact for streaming and cloud services? download
The Supreme Court has held that Aereo infringes broadcasters’ copyrights in on-air programming when it transmits the programmes to its internet subscribers.
Osborne Clarke’s head of technology Mark Webber and head of telecoms Angus Finnegan have both left the firm, moving to Fieldfisher and Reed Smith respectively.
From 1 July, all commercial electronic messages sent from a computer in Canada or to an electronic address in Canada are regulated by CASL.
Bond Dickinson has made up four associates to partner in the second promotions round since the 1 May 2013 merger between Bond Pearce and Dickinson Dees.
Supreme Court Corner — Q2 2014: Octane Fitness v Icon Health & Fitness; Limelight Networks v Akamai Techs; and more download
This briefing from DLA Piper presents key intellectual property and technology cases before the US Supreme Court.
Canada’s Anti-Spam Law (CASL) was passed in 2010 as a ‘made-in-Canada’ solution to ‘drive spammers out of Canada’.
The Australian privacy commissioner has found that Cupid Media failed to take reasonable steps to secure personal information held on its websites.
Since the enactment of the Leahy-Smith America Invents Act, calls have arisen in certain quarters for even more reform.
If you supply goods or services to consumers, you should be aware of the significant changes brought about by the new consumer laws made on 13 June 2014.
E-discovery: meeting the challenge download
Organisations need a comprehensive information governance solution to keep track of all their data.
The ECJ has ruled that search engines need to remove the link between search results and a web page if it contains information an individual deems should be ‘forgotten’.
Leveraging the power of celebrity to shape consumer perception in a brand’s favour has always required a careful balancing act.
Nowadays financial services businesses really need a law firm that truly understands the interrelationship between technology, regulation and the financial sector.
The government has published new regulations aimed at consolidating the law on distance and doorstep selling, providing further protection for consumers.
Modernisation of copyright law download
The Hargreaves Review was commissioned in November 2010 to review the UK’s intellectual property framework and to comment on how it could be modernised.
Schillings has announced that it has won the inaugural ABS of the Year award at the 2014 Lawyer Awards.
Global VAT Guide: Cross Border Supplies of Intangible Services, Rights and Digital Content — June 2014 download
As business grows more global, the challenge for in-house counsel and in-house VAT specialists is intensifying. This guide is intended to meet this challenge head on.
Hertsmere Borough Council’s human resources (HR) team has selected Iken Case Management to support its busy team.
In 1984 libel law was a small but exciting part of the business. We started to carve a reputation for ourselves as experts in libel in what was then an uncrowded marketplace.
Goodman Derrick’s media team has acted in the arrangements for the launch of Freeview’s internet-connected TV service, provisionally known as Freeview Connect.
Since the advent of ‘say-on-pay’, the plaintiffs’ securities bar has attempted to rustle up claims relating to executive compensation matters discussed in proxy statements.
The insurance world has changed significantly, not just incrementally but fundamentally, as the digital revolution transforms the way we interact and do business.
On 8 April 2014, the European Court of Justice in the Digital Rights Ireland case declared the Data Retention Directive 2006/24/EC invalid
Memery Crystal has acted for mobile payment provider MPayMe on its acquisition by UK-based Powa Technologies for an undisclosed sum.
Eversheds has advised Investec Bank, as sponsor and sole bookrunner, on the £308.5m main market IPO of FDM Group.
DLA Piper has advised Allied Minds on its initial public offering (IPO) and admission to trading on the main market for listed securities of the London Stock Exchange (LSE).
The US Supreme Court has maintained its solidarity with yet another 9-0 patent decision in Alice Corporation v CLS Bank.
The Canadian Radio-television and Telecommunications Commission has issued new compliance and enforcement guidelines for Canada’s Anti-Spam Legislation.
Khaitan & Co has advised Hitachi Systems in relation to its acquisition of a 76 per cent stake in Micro Clinic India.
The new TTBE, adopted following a lengthy consultation process, does not represent a significant departure from the previous approach to technology licensing.
Ofcom is seeking to establish whether end user repeaters/enhancers have the necessary characteristics to provide enhanced coverage solutions without causing interference.
The German government has reportedly tightened tender rules for sensitive public IT contracts download
This follows whistleblower Edward Snowden’s revelations regarding the US National Security Agency’s mass surveillance activities.
On 5 June 2014, the government launched its Cyber Essentials scheme, which sets out requirements for basic technical protection from cyber attacks.
Formidable growth in UK tech scene? download
Research indicates significant growth in London’s tech sector over the next decade. If the forecasts are to be believed, they are certainly to be welcomed.
A search engine operator never forgets... unless you ask it to — the practical challenges of the CJEU Google case decision download
Regulators deliberate as search engine operators work to assemble and implement compliant practices in the wake of the CJEU’s decision in the Google case.
G-Cloud begins to take off download
G-Cloud sales have reached £154m as public sector departments buy on-demand services through the government’s online marketplace.
DLA Piper has produced a pack of free legal guidance aimed at high-growth start-ups that have ambitions for high-growth and international expansion.
In this article for Lawyer 2B, David Prince sets out everything you need to know about the EU Cyber Security Directive and how delays in implementation are causing uncertainty in the market.
Business start-up pack — UK download
The purpose of this start-up pack is to provide assistance and support to early stage start-ups who are looking to establish their business on a more formal basis.
In a landmark judgment, the CJEU has ruled that an individual has the ‘right to be forgotten’ under the Data Protection Directive 95/46/EC.
McAfee has suggested that if cybercrime was a business, it would be ranked 27th in the world based on revenue.
Eric Sophir discusses how companies can develop their patent portfolio to protect their business from both present and future challenges.
Dean Fealk has been named as a trade adviser in a joint appointment by US trade representative Michael Froman and US secretary of commerce Penny Pritzker.
Khaitan & Co has advised MasterCard International on the India leg of the transaction in relation to its acquisition of C-Sam and its subsidiaries.
Partner — Manchester
Partner — Birmingham
Khaitan & Co has advised Sophos UK in relation to the acquisition of a 100 per cent stake in Cyberoam Technologies from its existing shareholders.
Supreme Court issues new interpretation upsetting established protocol for obtaining internet service subscriber information download
The Supreme Court of Canada issued a landmark decision that upset a common interpretation of a provision of the Personal Information Protection and Electronic Documents Act.
LK Shields Solicitors advises on all aspects of intellectual property, both contentious and non-contentious.
Minter Ellison has been ‘Highly Commended’ for its innovation in corporate strategy by the Financial Times.
Macfarlanes has released its M&A Weekly Update for the period 6–12 June 2014.
For most companies, losing access to their IT infrastructure, even for a short period, would spell disaster.
The UK government has launched a new cyber security certification framework called ‘Cyber Essentials’.
For every new business model success story there’s a disaster. As more firms contemplate more efficient working structures, here’s how to avoid the pitfalls
Kemp Little has released an outline agenda and information on speakers for its annual technology conference.
The European General Court has handed down its judgment in the Intel rebates case.
This week, Nominet (the UK’s domain registry operator) launched the registration for shorter .uk domain names — such as <website.uk>.
French decree extends the number of sectors in which foreigners cannot invest without state authorisation download
On 14 May 2014, France issued a decree extending the number of sectors in which foreigners cannot invest without state authorisation.
Luxembourg legal update — June 2014: market abuse; the theft of intangible assets; and more download
Arendt & Medernach has released the June 2014 issue of its Luxembourg legal update.
Working with clients throughout the UK, we have become one of the most respected groups in this dynamic area of the law.
UK housing association Circle Housing has chosen Iken case management to support its newly enlarged in-house legal team
Binder Grösswang has advised Software AG on the sale of its Austrian SAP consulting business to the Scheer Group.
Binder Grösswang has advised the Scout24 group on the acquisition of Austrian real-estate portal www.immobilien.net.
Liz Fitzsimons, legal director at Eversheds, has commented on the two-week window companies have in which to protect data from a global malware network.
DLA Piper has appointed Peter Jones as partner in its intellectual property and technology (IPT) group, effective 2 June 2014.
KPMG Portugal SGPS has announced the signing for the planned acquisition of SAFIRA Consultadoria em Informática, SA.
Memery Crystal lawyer and leukaemia survivor John Mawhood will be riding in the Fireflies Cycling Tour to raise funds for leukaemia research and treatment.
Shoosmiths has announced that two of its key partners have been shortlisted for the Manchester Downtown in Business Women in Business Awards.
Liz Fitzsimons, legal director at Eversheds, has commented on the findings that cyber crime costs the global economy $445bn a year.
Three of the six finalists for the best legal department in the 2014 MJ Local Govermment Awards are Iken user teams.
While Twitter and the like are valuable business development tools, lawyers who use them must ensure they comply with the Rules of Professional Conduct.
Among the most controversial of the Connected Continent Regulation amendments proposed are those dealing with net neutrality.
The recent High Court case of Warm Zones is a useful reminder for employers of the best steps to take to protect confidential information.
The UK government has mandated a minimum of ‘Level 2’ building information modelling on all centrally procured projects, but what does this mean for the construction industry?
China’s newly amended trademark law has been in effect for about a month now. Has the new law made things better?
With the rise of celebrity endorsements, like any counterfeit strategy there comes the rise of celebrity false endorsements.
Abusive domain name registrations download
Michael Carter looks at some of the highlight Nominet decisions relating to the abusive registration of .uk domain names in the last 12 months.
What are the implications of the Heartbleed virus for organisations?
The Italian Data Protection Authority has finally issued its decision on the ‘simplified information notice and cookie consent’.
Search engines need to remove the link between search results and a webpage if it contains information the individual deems should be ‘forgotten’.
Allen & Overy will be holding a seminar on the topic of managing cross-border investigations, which involves overcoming legal and practical challenges.
Kemp Little and Kemp Little Consulting have announced the programme for their annual technology conference.
At the start of 2014, Neelie Kroes, head of the European Commission’s digital agenda, remarked that ‘virtually every business is a digital business now’.
This briefing looks at the last topic in Dentons’ series of ‘back to data privacy basics’: individual rights.
The Court of Justice ruled that individuals can require search engines to rectify, erase or block access to the search engine results about them
NCTM has announced the integration of Studio Panetta & Associati into the firm at its Rome office, with equity partner Rocco Panetta and seven other professionals, including salary partners Giorgio Telarico and Domenico Rinaldi, becoming part of NCTM.
Parmjit Singh, head of the India business group at Eversheds, has commented following predictions that India is likely to ease restrictions for foreign online retailers.
The California Attorney General (AG) recently released a series of guidelines to assist with compliance with the California Online Privacy Protection Act of 2003.
Well-known chain store John Lewis has been ordered to pay damages to an individual who received marketing emails without having consented to receiving them.
In Nautilus Inc v Biosig Inst Inc, the US Supreme Court unanimously held that the Federal Circuit’s indefiniteness standard bred ‘lower court confusion’.
The Technology and Construction Court (TCC) has reaffirmed the approach to be taken to the construction of exclusion and limitation of liability clauses.
Italian firm NCTM has increased its privacy, TMT and finance strength by merging with Rome firm Panetta & Associati.
Supreme Court clarifies test for § 271(b) induced infringement, invites Federal Circuit to revisit Muniauction test for § 271(a) direct infringement download
Induced infringement, under § 271(b) of the Patent Act, requires a finding of a predicate direct infringement, under § 271(a).
Report 393 reviews market practice concerning protection of confidential, market-sensitive information.
Google has announced a new online form that allows users to request their private information be removed from the Google search engine.
The exploitation of weaknesses in an organisation’s IT systems can pose a real risk of civil action or regulatory enforcement and fines.
KPMG has announced the winners of a short film competition — themed ‘If you only knew what you knew… Go beyond the data’.
Google v the Spanish Data Protection Authority is a seminal and far-reaching case with the potential to affect lots of search engines, social networks and digital media companies.
Google has launched an online form to allow individuals to ask for their personal data to be removed from online search results.
Reputation resilience: a study into the emerging professionalisation of corporate reputational risk management download
Those tasked with protecting corporate reputation find themselves on uncertain ground.
Papers are receiving ‘take-down’ requests following the ruling that determined that anyone can demand the removal of information relating to them from search engines.
Building reputation resilience into any brand requires an ongoing assessment that helps to identify the current and emerging risks.
Schillings is the only business in the world to combine expertise in reputation management, defamation, privacy, data protection, copyright and other legal areas with specialisms in risk consulting, cyber and information security and information gathering.
Chief executive and partner
Walker Morris has been appointed to the Legal Service Panel for the Centre for Process Innovation (CPI) following a successful tender.
Tax authorities around the world continue to wrestle with issues arising from the use and sale of bitcoin currency.
Chairman and senior partner
COO and non-legal partner
Delivery director of cyber and information security
In a strong endorsement of the European Commission’s data protection reforms, the European Parliament has voted heavily in favour of the new Data Protection Directive.
KPMG has launched a virtual R&D centre that will serve as a global innovation hub with the aim of incubating and developing data-driven business solutions.
Pillsbury has announced the appointment of Brian E Finch, a leading authority in cyber security, as a partner in the public practices section in Washington DC.
Shoosmiths has appointed partner Laura Harper and associate Carol Isherwood into its IP and creative industries team in Manchester.
Pillsbury has announced that for 2014, Chambers USA has ranked 86 individual Pillsbury lawyers, with 12 partners recognised in two or more categories for a total of 98 individual lawyer rankings.
Kemp Little has organised and hosted a networking event for the luxury brand sector at the Condé Nast College of Fashion & Design.
As the next in its series of ‘back to privacy basics’, Dentons looks at the rules regarding privacy governance.
The boss of US retailer Target has stepped down after a data breach affected millions of customers. Could law firms be next in the firing line?
Avon and Somerset Police’s legal team has selected specialist case management software from Iken to replace their existing legacy system.
Foresight is an easy-to-use legal calendar that outlines major cases, government policy and forthcoming legislation right through to 2017.
The Personal Property Securities Register (PPSR) does not require the person registering a security interest to file the underlying security agreement with the PPSR.
DLA Piper has advised shareholders on the equity investment by Equistone to establish a new company, Performance Interactive Alliance for Digital Marketing.
Governments and tax authorities continue to develop their fiscal and tax positions relating bitcoins.
Court fees cost how much? download
On 22 April 2014, court fees payable in civil proceedings (that’s all construction claims too) increased.
Technology industry leaders are most bullish on revenue growth in the US, China and the UK, according to the results of the annual Technology Business Outlook survey.
Immigration Update — May 2014: sponsored migrants working at client sites — getting it right download
It is increasingly common, particularly in the IT sector, for businesses to send their Tier 2 sponsored migrants to work, on a temporary basis, at client sites.
Could one of our big agencies, such as the Australian Taxation Office or the Department of Social Services, be liable for security breaches?
A report from KPMG reveals that in-house lawyers’ work is dominated by commercial decision making as boardrooms seek validation of their business and operational plans.
The CJEU has given a preliminary ruling in proceedings between Google, the Spanish Data Protection Agency and a third-party complainant.
Memery Crystal has announced that Tim Ryan and Andrew Priest have joined the firm as partners, and Shereen Elkins as a solicitor, with immediate effect.
Those in the data hosting industry may wish to revisit their contractual arrangements in view of a recent Court of Appeal decision in England.
This week in its series of ‘back to privacy basics’, Dentons looks at the issue of international transfers of personal data.
Regulators in California and New York are concerned about the increased risk of cyber attacks on the security of personal information collected by regulated entities.
Waiving privilege? Be on guard download
Shoosmiths considers waiver of privilege and a recent case to discuss the issue in the context of electronic information policies.
Data & Information E-Alerts — 16 May 2014: protecting personal data; CESG cloud security guidance; and more download
Addleshaw Goddard has released the 16 May 2014 issue of its Data & Information E-Alerts publication.
The French Data Protection Authority has announced its 2014 inspection targets, with the goal of reaching 550 inspections for the year.
This briefing looks at current data privacy laws and best practice in the UK in relation to data security.
The ECJ has ruled that search engines need to remove the link between search results and a webpage if it contains information the individual deems should be ‘forgotten’.
SEC (OCIE) Cybersecurity Initiative download
SEC’s Office of Compliance Inspections and Examinations plans to conduct examinations of more than 50 registered broker-dealers and investment advisers.
Governments in the Asia-Pacific region have been slow to take up the significant financial benefits that cloud computing technology stands to offer.
Businesses that use ‘commercial electronic messages’ to market to customers and prospective customers in Canada should be aware of new anti-spam rules.
The Supreme Court of Canada has issued a unanimous decision in John Doe v Ontario (Finance) 2014 SCC 36.
Fujitsu brought proceedings against IBM, claiming that IBM had breached the subcontract including obligations of fiduciary duty and good faith.
Communication and reputation on the web: social networks have ultimately become the ‘viral’ environment for online defamation download
diaThe Supreme Court has attempted to dissolve the initial ‘aura’ of mystery and newness associated to the new Facebook instrument and to its typical functions.
Neil Mohring, head of media at Eversheds, has commented on news that a deal to combat online piracy is imminent.
Penningtons Manches has announced that it is supporting Tech London Advocates’ (TLA’s) Home Office Hours programme.
E-commerce giant Amazon is bulking up its legal capability in Europe, with lawyers from Allen & Overy (A&O), Eversheds and Moneygram the latest to join.
Simmons boss says his firm’s out-of-Town offering is in a different league
Khaitan & Co has advised information services and solutions provider Wolters Kluwer on its acquisition of the remaining 62 per cent in Third Coast Holding.
In this publication, DLA Piper looks at some of the risks for directors around data breach incidents.
We advise clients in relation to regulatory, policy and compliance issues, IT outsourcing, data privacy and protection and contractual and interconnection agreements.
Pillsbury has welcomed Armando Castro as a partner in the firm’s Corporate & Securities — Technology practice in Silicon Valley.
Walker Morris has been appointed by NHS Shared Business Services following a successful tender to help deliver quality legal services and savings to the NHS.
Addleshaw Goddard has retained its position as a core provider of legal services to FTSE 100 client Sainsbury’s.
Every time we disclose personal information on the internet, are we exposing ourselves to the risk of its misuse?
Silicon Valley firm Fenwick & West has expanded overseas for the first time with the launch of a Shanghai office.
DLA Piper has launched the Rapid Response app, designed to complement the Rapid Response service that helps individuals prepare for and deal with crisis situations.
Restrictive covenants are one form of protection employers can use to protect access to client and suppliers and solicitation of other employees post employment.
On 28 November 2013, the European Commission announced a proposal for a directive on trade secrets and confidential information.
As the next in the series of ‘back to privacy basics’, Dentons look at the rules regarding the retention of personal data.
Going to work for the competition download
Where a former employee takes his or her former employer’s information, data or materials to a competitor, the former employer will normally have a range of options open to it.
An English judgment from July 2013 demonstrates that English courts can make it possible for the company to take back control of LinkedIn accounts.
With the rise of smart devices, the powerful combination of computing technology and internet connectivity has moved from our offices and homes to our bags and pockets.
Privacy in the workplace: avoid damaging employee data breaches by managing five high-risk areas download
The new privacy regime is in full swing, with the pressure on organisations to demonstrate substantial compliance with the new laws.
What exactly do death, taxes and deactivated online accounts have in common? Put simply: the apparent inability to escape them.
Several legal measures have recently entered into force, or will do so in the following few weeks.
Chambers & Partners has published the latest Chambers Europe 2014 guide. Wierzbowski Eversheds has been recommended in numerous fields of law.
Kemp Little founding and senior partner Richard Kemp has resigned from the firm’s partnership to launch his own IT boutique.
InSure — April 2014: data protection download
Addleshaw Goddard has released the data protection section of its InSure publication for April 2014.
The ability to work remotely has had a fundamental impact on work-life balance.
The office of the privacy commissioner of Canada has announced a major breach within its own office with the loss of an unencrypted hard drive containing sensitive personal information.
Bristows associates Dominic Adair, Jeremy Blum and Adrian Sim have been promoted to the partnership.
DLA Piper has announced that 45 lawyers have been promoted to the partnership. The promotions were made across various practice areas throughout 12 countries.
Mills & Reeve has announced four new internal partner appointments, bringing the partnership to 118 across the firm’s six UK offices.
Employers can no longer reclaim statutory sick pay (SSP) from HMRC where the total SSP paid in that month exceeded 13 per cent of their Class 1 NICs for that month.
Allen & Overy has launched its new Alumni Network website in order to keep touch with its alumni.
Ten members of a cyber gang, which plundered £1.25m from British banks through the use of ‘trojan horse’ devices to hijack computers, have been sentenced.
Technology Barometer — Q2 2014 download
The Taylor Wessing Technology Barometer tracks the temperature of the UK technology sector.
The Information Commissioner’s Office has published its strategic plan for April 2014 to March 2017.
Call them what you will, the social group that grew up with the internet is now firmly entrenched in the workplace.
Over the past six months, there have been a number of changes that have raised the profile of the Internet Watch Foundation.
Image sharing app Snapchat has turned to Hogan Lovells for the appointment of its first general counsel.
Dacheng members have been appointed the heads of committees at the eighth council meeting of Jiangsu Lawyers Association.
This briefing looks at some of the implications that the reforms are likely to have for SMEs.
Technology businesses should be aware that the European Commission has revised the rules on how EU competition law affects technology licensing agreements.
DLA Piper has represented Avalara in its acquisition of the line of Zytax energy-related tax automation solutions.
Baker Tilly offers outsourced back office accounting, management reporting and payroll services via its innovative Cloud solutions.
The legal profession is facing a number of economic and market challenges. Baker Tilly can help.
As of 15 April 2014, businesses can look forward to the removal of certain substantial administrative burdens.
A raft of firms, including Slaughter and May and Shepherd & Wedderburn, have lined up to advise on Wolfson Microelectronics on its acquisition by Texas-based Cirrus Logic.
Dr Chris Hayes of IBB Solicitors provides an update on what companies should be thinking about in the run-up to implementation.
On 8 April 2014, the Court of Justice declared the directive no. 2006/24/EC on the retention of data invalid.
On 21 March 2014, the European Commission adopted a revised technology transfer block exemption, which applies to bilateral licences of technology rights.
How a Los Angeles-born firm became one of London’s biggest legal success stories
A series of recent cases may oblige TMT employers to include average overtime, commission/bonuses and allowances when calculating holiday pay.
The European Commission has adopted a proposal for a directive on the protection of trade secrets.
The 1992 version of the ISDA Master Agreement appears to have pre-dated the dawn of the email era.
The Canada Revenue Agency (CRA) has issued further guidance on the Canadian tax issues arising in respect of the bitcoin virtual currency.
Hogan Lovells has been named as the 2014 International Law Office (ILO) Client Choice Firm Winner for Italy.
For the third year running, Hogan Lovells has been voted as having the ‘Best Graduate Recruitment Website’ at The Times Graduate Recruitment Awards 2014.
Travel insurance company Staysure has told 93,000 of its customers that their credit card details may have been stolen by hackers.
The ICO has fined the Northern Ireland Department of Justice £185,000 after the Compensation Agency auctioned off a filing cabinet containing the information of victims of terrorist attacks.
California’s privacy statute regulates companies, but not against out-of-state plaintiffs: a recent decision, two takeaways download
Throughout 2013 and into the new year, the plaintiffs’ bar has continued to file a steady stream of privacy-related class action claims.
The private equity team at Shoosmiths has advised funds managed by Palatine Private Equity on the management buyout of Gusto Restaurants and Bars.
Joe Cohen of Collyer Bristow’s IP team spoke at the recent American Bar Association’s 29th Annual Intellectual Property Law Conference.
Freedom of information and the private sector — the next chapter in transparency by the coalition government download
Private businesses working with the public sector must be increasingly prepared for the growing impact of FOI on those relationships.
Dacheng senior partner Dun Mingyue has been appointed to an expert advisory panel for International Technology Transfer Network (ITTN).
Data & Information E-Alerts: council agrees to improve practices after social service records sent to wrong address; and more download
Addleshaw Goddard has released the 17 April 2014 issue of its Data & Information E-Alerts publication.
Eversheds holds leader position in TMT and is recommended in the field of public procurement law in Rzeczpospolita’s 12th annual ranking of law firms.
The 2014 edition of The Legal 500: Europe, Middle East & Africa has recommended DLA Piper in Ukraine across a number of practice areas.
Gateley has advised on LDC’s investment to support the acquisition of Prism UK Medical from Prism Medical.
In Legalease’s latest Legal 500 EMEA directory, Wierzbowski Eversheds has earned a number of recommendations.
Recent data security challenges in the health and social care sector — what is your response? download
The latest exercise of its powers by the ICO brings the issue of data security home to roost in the health and social care sector.
The views expressed in this paper are given from the perspective of the solutions and strategies available to shut down rogue sites in the UK.
Conyers has advised on the privitisation of Pactera Technology International, a Beijing-based technology outsourcing and consulting company, from NASDAQ.
A video program distributor’s work is never done.
On 21 March 2014, the European Commission adopted a revised technology transfer block exemption regulation and accompanying guidelines.
DLA Piper has announced that four lawyers have been named to Law360’s ‘Rising Stars’ list.
The amendment has not yet been extended by ministerial decree to all companies falling within the scope of the Syntec agreement.
On 24 March, the Organisation for Economic Co-operation and Development issued BEPS Action 1: Address the Tax Challenges of the Digital Economy.
Allen & Overy’s Antonio Bavasso will co-chair the GCR Live 3rd Annual Telecoms, Media & Technology conference at the firm’s London office on 26 June 2014.
Iken, which supplies case management software, has become a corporate sponsor of representative body Lawyers in Local Government.
If entry for the chance to win a prize requires participants to post content featuring a company’s products or services, the participants should disclose that their posts are pursuant to a contest.
On 13 March 2014, the European Parliament voted through the proposed NIS Directive, but with a number of amendments to the proposed text.
The implementation of the directive will have a significant effect in modernising consumer law, much of which was written around 30 years ago.
Contractors affected by the US cybersecurity requirements: take part in the GWAC comment process download
The US General Services Administration is seeking comments from the private sector on draft Alliant II GWAC cyber-security requirements.
The promise of smart grids lies in the ability to gather more detailed data about the performance of the utility network.
In this video interview, Dentons energy partner Clint Vince discusses how developments and innovations in the energy sector are affecting companies.
ICT suppliers and their public sector customers both need to take action following the publication of the results of the OFT’s market study into the sector.
An attack on a California electrical substation highlights the urgent need to protect the nation’s energy, communications and other critical infrastructure from threats.
Lush made a conscious decision to prevent its products from being available for sale on the Amazon retail website, as it was critical of Amazon’s business ethics.
Travel insurance company Staysure has told 93,000 of its customers that their credit card details may have been stolen by hackers.
The Northern Ireland Department of Justice has been fined £185,000 after the Compensation Agency auctioned off a filing cabinet containing the information of victims of terrorist attacks.
The OFT finds a significant imbalance of power between ICT suppliers and public sector buyers that prevents effective competition.
The MHRA offers useful guidance on the difference between apps that are regulated as medical devices and those that are related to healthcare but do not qualify.
The CJEU has confirmed that site-blocking injunctions can be granted against ISPs, provided they strike a ‘fair balance’ between fundamental rights.
We are all familiar with the idea of ‘getting it in writing’. We are referring to recording an agreed position between parties. ‘In writing’, however, is a constantly evolving legal concept.
A recent US case could have been designed to tick as many ‘topical’ boxes as possible, ranging over the financial sector, big data and the possibly anti-competitive use of technology.
In February 2013, the European Commission released a draft Network and Information Security Directive.
Stella Beaumont, former director of international and business development at Guardian News & Media, has joined Nabarro’s board as a non-executive director.
Mourant Ozannes has advised Vision Knight Capital Partners on the launch of its second China private equity fund, Vision Knight Capital (China) Fund II LP.
From 2015, companies selling electronic services such as music downloads, books, apps and games will have to charge VAT on the basis of where the customer is resident.
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.
In the next of its series of ‘back to privacy basics’, Dentons looks the rules regarding the collection and processing of personal data.
Legislature drops forced localisation provision as Brazil moves ahead bill of law for internet civil rights framework download
Brazil’s Marco Civil da Internet, the bill of law establishing a civil rights framework for the internet, has been approved by the Brazilian House of Representatives.
Taxation of cloud services in Serbia download
This text analyses the tax position of foreign cloud companies providing cloud services in or from Serbia.
Federal agencies propose health IT regulatory framework, seek stakeholder input and participation in new initiatives download
A draft report outlining a proposed strategy and recommendations for a ‘risk-based’ regulatory framework for health information technology has been released.
Australian businesses supplying electronic, telecoms and broadcasting services need to be aware of changes to EU VAT rules download
These changes will apply in relation to a number of e-commerce services, to the extent the services are supplied to a non-VAT registered consumer
Bitcoin is property, not currency, IRS says — notice leaves many open questions about convertible virtual currencies download
The IRS has joined several other jurisdictions in publishing guidance regarding the income tax consequences of certain convertible virtual currency transactions.
We offer many years of experience ‘under the bonnet’ of project negotiations and strategy, enabling us to act astutely and effectively.
Penningtons Manches specialises in all aspects of intellectual property law. We give clear, practical guidance in complex and rapidly evolving areas.
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.
The ITC has reaffirmed its power to ban electronic transmissions from the US where those transmissions infringe an intellectual property right or are otherwise based on an unfair trade practice.
New Model Services Contract — New Model Contract precedent for government ICT and business process outsourcing contracts download
The Model Services Contract is intended to reflect current government priorities and recommended ways of doing business.
It is the ECJ’s view that the directive interferes with the fundamental rights to respect for private life and to the protection of personal data.
On 3 April 2014, a clear majority of the European Parliament voted in favour of measures aimed at guaranteeing the openness of the internet.
Data & Information E-Alerts — nuisance calls action plan; £50,000 fine for unlawful calls; simpler security classifications; and more download
Addleshaw Goddard has released the 4 April 2014 edition of its Data & Information E-Alerts publication.
According to Allen & Overy’s latest M&A Index, all the ingredients for mergers and acquisitions (M&A) activity to prosper are now in place.
From protecting intellectual property rights, through advising on data security issues, technology licensing and sourcing strategies, Dentons’ lawyers work relentlessly to protect your investment.
Mime is money: email management download
To avoid inboxes being overrun with spam and malware, most firms employ a filter — Mimecast and Postini are two examples.
Last month we looked at what’s in store for patent law in 2014. This month we give trademarks the same treatment.
Mills & Reeve has released the April 2014 edition of its Health Legal Update, which includes information on NHS commercial, employment and patient matters.
Reed Exhibitions has selected Iken Case Management and Time Recording software to support the work of its UK-based legal team.
The Data Retention Directive requires public electronic communications providers to retain certain communications data to help in the fight against serious crime.
Bill S-4 is the Canada federal government’s latest attempt to reform the federal Personal Information Protection and Electronic Documents Act.
Partner — Guernsey
Digital help for deputies? download
The Office of the Public Guardian has indicated that a suite of online tools for Court of Protection deputies is being developed to make the operation and administration of deputyships easier.
Our privacy and security lawyers operate at the intersection of technology and law. We understand that data is one of your core assets, driving insights and enabling development of valuable new products and services.
With global reach from offices in key technology markets around the world, including Silicon Valley, New York, Boston, Vancouver, Toronto, London, Berlin, Moscow and Beijing, Dentons offers a unique perspective on evolving industry trends and emerging market opportunities.
We all need somebody to lien on download
The control and security of electronic data has been a continual issue in technology related transactions for some time.
It is hard now to imagine growing up in a world without the internet. The online environment is invaluable for learning, socialising and entertaining everyone, not least children.
Spare a thought for the technology lawyer. He or she can spend hours crafting a set of website or mobile terms and conditions the size of a small novella and what happens?
M&A Weekly Update: when is there a duty of good faith between contracting parties; prospectuses: acceptable languages; and more download
Two cases decided last year raised concerns that the English judiciary were becoming more open to implying a duty of good faith into commercial contracts.
The new year has brought with it two interesting decisions from the Technology and Construction Court that provide useful guidance on parties’ rights to adjudicate.
The Office of Fair Trading has published its final report on its market study into the supply of information and communication technology to the public sector.
Small print and small screens download
US patent reform legislation is long overdue but needs balance, according to Eversheds’ intellectual property head, Simon Crossley.
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.
At IBB Solicitors, our specialist team will help you to resolve your disputes quickly and easily — often without the need for court intervention.
At IBB Solicitors, we have an exceptional level of expertise in all aspects of information technology law.
At IBB, we are passionately committed to helping businesses develop a bespoke IP strategy to protect your property and build your commercial success.
We see ourselves as both your legal and business partner and work with you to ensure that litigation doesn’t become an unwelcome distraction from your daily operations.
Hogan Lovells has announced that it has been named as the 2014 International Law Office (ILO) Client Choice Firm Winner for Italy.
The CJEU has upheld the system of website blocking injunctions in place in Austria following a reference from the Austrian Supreme Court.
Following on from the Roma-branded Mobility Scooters case earlier this year, the OFT has announced a second decision on mobility scooters.
The UK government has announced the finalised wording of its proposed reform of UK copyright exceptions. This briefing focuses on caricature, parody and pastiche.
The UK government has announced the finalised wording of its proposed reform of UK copyright exceptions. This briefing focuses on fair dealing with quotations.
The UK government has announced the finalised wording of its proposed reform of UK copyright exceptions. This briefing focuses on personal copies for private use.
The UK government has announced the finalised wording of its proposed reform of UK copyright exceptions. This briefing focuses on contract overrides.
Strategic HR at the Isle of Wight Council has selected Iken Case Management and Time Recording to support the work of their HR business partner and health, safety and welfare teams.
DLA Piper has been recognised as a technology ‘powerhouse’ by the BTI Consulting Group in its newly published 2014 BTI Client Relationship Scorecard.
DLA Piper has advised Halton Borough Council on the £600m Mersey Gateway Project, a major scheme to build a new six-lane toll bridge over the Mersey.
Before it disappeared into the wide blue yonder, the OFT published its merger decision in the acquisition by IP Group of Fusion IP.
DLA Piper has secured the dismissal of patent infringement claims against subsidiaries of St Jude Medical, a global medical device manufacturer, by Volcano Corp.
The new Technology Transfer Block Exemption Regulation was published on 21 March 2014.
The focus is on mobile apps but the guidance is no less applicable to apps on other devices such as games consoles.
The push towards e-procurement is continuing with the recent backing by the European Parliament of the European Commission’s proposals on e-invoicing.
Data & Information E-Alerts — 28 March 2014: TPS laws for telemarketers; ICO’s corporate plan; and more download
Addleshaw Goddard has released the 28 March 2014 edition of its Data & Information E-Alerts publication.
Addleshaw Goddard has released the March 2014 edition of its InSure publication, which rounds up developments affecting the insurance industry.
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.
KPMG has announced that member firms have received two awards from the Association of Management Consulting Firms.
The European court has confirmed that site-blocking injunctions can be granted against ISPs, provided the injunctions strike a ‘fair balance’ between fundamental rights.
Cloud-based document storage services have rapidly risen in number and popularity since the early days of DropBox in 2007.
In March 2014, the European Parliament voted through, with some amendments, the previously proposed draft ’cybersecurity’ directive.
Streamline e-discovery download
Today’s corporations, law firms and government entities increasingly look to e-discovery solutions to help them respond to a legal matter, a legal hold request or an investigation.
E-discovery on your terms download
A new self-service style of IT is emerging that can help you remove the IT burden and gain an optimal mix of control, speed, simplicity and cost.
Kemp Little has had success at the Lawyers World 2014 Country awards, having been chosen for an outstanding level of service.
Lookalikes: a wealth of confusion… brand-owners vs own-branders | competition law vs law of unfair competition download
Lookalikes are an age-old problem as brand-owners try to protect their brands from copying or leveraging by retailers or others.
DLA Piper has published issue 21, Q1 of IPT News.
The regulation, which was published on 25 January 2012, is the cornerstone of Europe’s reforms relating to the digital economy.
Mr Justice Arnold has handed down his decision in the case of Starsight Telecast and United Video Properties v Virgin Media, Virgin Media Payments and TiVo.
The IRS has issued its first major ruling on the US federal tax implications of transactions in, or transactions that use, Bitcoin and other convertible virtual currencies.
Patent litigation heats up in the Southern District of Florida: practical implications for brand owners download
Although not yet operating on the scale of the EDTX or Delaware, the Southern District of Florida is rising in popularity as a patent jurisdiction.
Eversheds has commented on the recent CBI retail figures for the UK that show slowing sales in March.
The new inter partes review procedure provides an opportunity to challenge the validity of issued patents at the US Patent and Trademark Office.
DLA Piper has released the Q1 2014 issue of Supreme Court Corner, which reviews seven recent intellectual property and technology cases.
Freedom of information download
Freedom-of-information law is set to be extended to private companies carrying out public contracts, a government minister said recently.
Hogan Lovells’ intellectual property team has successfully represented Canyon Bicycles in protecting its rights against the ‘canyon.bike’ domain name.
Together, the Eastern District of Texas and the District of Delaware account for almost half of all new patent case filings in the US.
DLA Piper held its first Annual Global Patent Symposium in Tokyo on 6 November 2013.
Baidu and the China Consumers Association have announced the launch of the Baidu Credit Verification initiative.
Allen & Overy has advised the trustee of the ICI Pension Fund on the largest-ever bulk annuity insurance policy (or buy-in) arranged by a UK pension scheme.
Taylor Wessing’s private equity group has advised Electra Partners on the acquisition of audio mixing console manufacturer Calrec from D&M Holdings.
Taylor Wessing is advising Eagle Eye Solutions Group on its proposed flotation on the AIM market of the London Stock Exchange, as well as its acquisition of 2ergo.
Once considered a problem too complex and expensive to solve, information governance is experiencing a rebirth.
Class certification properly denied where individual questions predominated under California’s telephone recording statutes download
The California Court of Appeal unanimously affirmed a trial court ruling denying class certification in a lawsuit filed under California’s Invasion of Privacy Act.
Iken’s Dr Andrew Chester will be talking about efficiency and productivity improvement for knowledge workers in his address to the Singapore Corporate Counsel Association in April.
Pawel Lipski has been promoted to partner at Wierzbowski Eversheds. Together with Tomasz Zalewski, he will head the intellectual property and e-business teams.
DLA Piper has advised Q2 Holdings, a provider of cloud-based virtual banking solutions, in its initial public offering valued at approximately $100m.
Head of the telecom and technology practice
Pillsbury has launched an interdisciplinary legal team focused on unmanned aircraft systems that is led by Kenneth Quinn.
Nabarro has advised Cenkos Securities on the AIM IPO of XLMedia plc, which is expected to raise £41.8m and lead to a market capitalisation of £92.9m.
Dacheng senior partner Shang Jiangang delivered a keynote speech at the recent ‘Trends and Developments in Bitcoin, the China Perspective’ event.
This year is already shaping up to be a big year in the world of patents, with a number of Full Federal Court decisions due to be handed down on important issues.
Data & Information E-Alerts: Disclosure and Barring Service error leads to unnecessary disclosure of sensitive information; and more download
Addleshaw Goddard has released the latest edition of its Data & Information E-Alerts.
Mole Valley District Council has procured Iken Case Management and Time Recording via the government’s G-Cloud framework.
The ICO has reissued a code of practice on subject access requests. The code was originally published last year but has been updated and re-issued.
Are banks ready for the cloud? download
The move to the cloud, and the generational shift in computing that it represents, is well under way but we are still at the start of the journey.
Three Raymond Buildings’ James Lewis QC and Guy Ladenburg explain the proposed amendments to the Contempt of Court Act 1981.
Osborne Clarke is to open in San Francisco, six months after the firm sent a heavyweight contingent to launch an office in Manhattan.
The Charity Commission has investigated the Family and Childcare Trust after concerns were raised that its activities on Twitter amounted to party political activity.
The British Pregnancy Advisory Service has been fined for breaching the Data Protection Act after an anti-abortion hacker gained access to personal details through the charity’s website.
Hogan Lovells’ IP team has been named as Europe Domain/Internet Team of the Year at the Global Managing Intellectual Property Awards.
Pat Treacy, head of the competition practice at Bristows, has commented on the revision of the European rules governing technology licensing.
DLA Piper has advised Paylocity Holding Corporation in its initial public offering valued at approximately $100m.
The ICO has launched its guidance for app developers to help combat the perception that personal information collected through apps is not being appropriately protected.
Facebook has had mixed fortunes in its opposition to a CTM that it perceived to be similar to its own name.
DLA Piper’s intellectual property and technology team has been named as Global Firm of the Year at the Managing IP Awards, and Best Law Firm in IP, IT and TMT at the Belgian Trends Legal Awards.
Hong Kong is one of Asia’s earliest adopters of comprehensive data privacy regulation.
Ten practices and 24 Pillsbury attorneys have been ranked among the world’s top lawyers according to the 2014 Chambers Global guide.
Can a common law lien be exercised over an electronic database pending payment? The court has confirmed suppliers have no right to hold onto data in such circumstances.
Wierzbowski Eversheds has advised the Insurance Guarantee Fund on a multilateral agreement on gathering and providing access to information in the Polish insurance industry.
A number of online estate agents have ventured onto the market to challenge the traditional high-street agent.
In TruePosition Inc v LM Ericsson et al, it is claimed that member companies of 3GPP and the SSO colluded to exclude TruePosition’s technology from the 4G standard.
The European Parliament has voted the draft regulation and draft directive updating the principles enshrined in the 1995 Data Protection Directive.
Olswang has bolstered its Brussels and Paris offices with the hire of former Linklaters TMT head Sylvie Rousseau.
Do you accept Bitcoin? download
Bitcoin, the worldwide virtual currency, has attracted much attention in the press recently but little is known about what it is and how it may be used.
A quartet of partners from Bird & Bird in Sweden have left the firm along with six other lawyers to launch a boutique focused on emerging companies.
Data & Information E-Alerts: UK FOIA veto overturned; ICO publishes updated subject access code of practice; and more download
Addleshaw Goddard has released the latest edition of its Data & Information E-Alerts.
DLA Piper has advised Coupons.com on its initial public offering on the New York Stock Exchange.
Dacheng has won two China Business Law Journal awards in technology, media and communications and private equity and venture capital.
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.
Those who have had any involvement with Telephone Consumer Protection Act (TCPA) litigation in the last year will be unsurprised to learn that TCPA lawsuits are on the rise.
RMR provides detailed information on the restrictions applicable where an OFI markets or sells a range of financial products and services on a cross-border basis.
Our ICT practice is multidisciplinary and gathers lawyers specialised in regulatory work, competition law, IP, commercial law and data protection and privacy issues.
In October 2013, the Financial Conduct Authority (FCA) published a consultation paper setting out its proposed approach to the regulation of crowdfunding platforms.
Wildgen’s Emmanuelle Ragot recently negotiated a co-production agreement concerning Mr Hublot with a major European television channel.
Eversheds Saladžius has become a legal partner of the LOGIN Startup Fair.
Eversheds has advised Personal Group, a provider of employee benefits packages, on its acquisition of Let’s Connect IT Solutions for a total consideration of up to £12m.
Employers have a much greater opportunity to collect and retain vast amounts of information. This information is useful to have on file — but what are the risks?
The anonymous nature of Bitcoin payments has caught the attention of tax authorities and other regulators, both in Australia and overseas.
One aim of the Online Safety Bill is to educate parents about online safety. Educating parents to keep their children safe is the most effective safeguarding measure.
Cyber news Down Under: the Antipodean troll — a different kind of species? The tragic suicide of Charlotte Dawson download
What a tragedy it is that it requires another suicide to regenerate widespread interest in cyberbullying, the phenomenon that has become the scourge of the internet age.
DLA Piper has advised Synergia Capital Partners on a share issue investment to Res2 BV.
Agency for Financial, IT and Intermediary Services from Sarajevo fined for abuse of dominance download
The Competition Council of Bosnia and Herzegovina has fined the Agency for Financial, IT and Intermediary Services for abuse of dominant position in the relevant market.
Figures show that an increasing number of young children are savvier about the internet than their parents and can circumvent filters put in place by their parents.
China’s new trademark law aims to modernise and streamline the trademark process. But it can also yield opportunities for trademark hijackers.
Nabarro is investing in the growth of its dispute resolution team with the lateral hire of Lee Gluyas, a partner with a specialist focus on complex IT disputes.
Cosmetics manufacturer Lush has successfully claimed against the online retailer Amazon for trademark infringement.
Davis Polk & Wardwell and Chinese firm Han Kun have advised Chinese internet giant Tencent on its strategic partnership with online retailer JD.com.
Allen & Overy has updated its Access Assist iPad app: a free Q&A tool supported by targeted summaries of applicable law, legislation, case law and guidance.
Praveen Goyal has joined Hogan Lovells’ government regulatory practice as counsel. Goyal will be based in the Washington DC office.
Claire van Overdijk of No5 Chambers has been appointed to the attorney-general’s London C panel of junior counsel to the Crown.
Regulating CCTV use in the UK download
With technological developments and the increase of CCTV in public places, the role of regulation and guidance will become increasingly important.
There have been some high-profile cases involving the use of CCTV in Germany in recent years.
According to figures published by The National newspaper in Dubai, there were around 25,000 CCTV cameras in Dubai in 2011.
Ten years of Facebook: where is the ‘twibel’ equivalent and why Zuckerberg’s creation is different (if, indeed, it is)? download
Facebook has much to be credited for. But such a novel and ambitious concept was bound to encounter some difficulties, many of which have been legal in nature.
In order to meet today the demands of tomorrow’s technologies, the newTech team combines the strength of leading experts in IP, IT, privacy, and telecommunications law.
Schoenherr’s IP practice group has long-standing experience and an outstanding reputation in trademark, design, patent, copyright and unfair competition matters.
Bristows partner Hazel Grant has identified the issues that pharmaceutical manufacturers might face to comply with the UK Data Privacy Act in a interview with BMI System.
The Hungarian government has adopted a decree introducing an electronic auction system to be applied in the course of the public sale of the assets of companies in liquidation.
Bristows trademark attorney Patricia Collis has been featured in the World Intellectual Property Review.
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.
On 25 February, the UK Information Commissioner’s Office (ICO) published its updated code of practice on conducting privacy impact assessments.
InCredit March 2014 — market news: Paragon Bank launches under PRA new capital regime; and more download
According to a company press release, Paragon Bank has become the first new bank to obtain a banking licence from the PRA.
This month’s round-up of developments affecting the consumer credit industry sees the FCA announce tough rules for payday lenders and more.
DLA Piper has assisted Atlanta-based private equity firm Roark Capital Group in its equity investment in Anytime Fitness, a co-ed fitness franchise.
Betfair’s former legal director Justin Hubble has resurfaced at online loans company Wonga.com in the role of legal vice president.
The Securities Litigation Uniform Standards Act of 1998 does not preclude class action lawsuits asserting state law claims in connection with the notorious Ponzi scheme.
Riaz Karamali, a partner in Pillsbury’s Silicon Valley and San Francisco offices who represents emerging growth companies, answers some common questions innovators face.
In a decision in January, the Information Commissioner’s Office found that the Financial Conduct Authority had breached the Freedom of Information Act 2000.
Prize promotions across the world download
This handbook is designed to equip clients with a useful tool to assist them with the management of the early development stages of a promotion.
NCTM has acted as legal adviser to Triboo Media, an Italian company specialising in online advertising, in its listing on AIM Italia.
Copyright has been a favourite punch bag of politicians, users and platforms ever since the internet first became mainstream, widely blamed for not being adapted to the new environment.
This article explains the key changes of the Defamation Act 2013 and the Defamation Regulations 2013 and what they might mean for parties involved in defamation claims.
Shoosmiths has advised LDC on its investment to support the £17.8m management buyout of GMG Property Services, a UK provider of software services to estate agents.
This year’s survey focuses on respondents’ outlook on the current technological landscape, the ‘hot’ growth areas and what, if any, barriers to growth are affecting businesses.
The future of cyber-security. Threats and opportunities — what in-house counsel need to know download
The ascent of the internet and computing has fuelled the importance of cyber-security, such that cyber-security has taken on a core strategic importance to business.
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.
Legal nature of videogames — limits of application and evaluation criteria of technological protection measures download
The ECJ has ruled on the interpretation of article 6 of Directive 2001/29 in order to clarify the scope of legal protection afforded by such provision to copyright holders.
This briefing focuses on three of the legal weapons that you may find in your armoury to protect you against attacks from others in the online environment.
On 2 July 2014, the data protection provisions of the Personal Data Protection Act 2012 will come into force.
Law at Work — February 2014: reasonableness and extent of restrictive covenants did not apply to actions as a minority shareholder download
In this case, the High Court had to consider whether non-solicitation and non-dealing restrictions for a period of six months after termination of employment were enforceable.
While companies own assets with millions of dollars of embedded software, few companies are maximising their property tax savings through the embedded software exemption.
In this two-part article, Clare Brown examines recent developments and potential risks of various social media websites, including Facebook, LinkedIn and Twitter.
France’s Data Protection Authority has for the first time adopted truly sweeping changes to its Single Authorization No. 004 on Whistleblowing.
Parmjit Singh of Eversheds has praised Oxfam for its rankings of food and drink companies in terms of social and environmental policies.
A Brazilian newspaper has reported that the Internal Revenue Service is preparing regulations to require foreign web-based companies to invoice locally and pay local taxes.
Ben Williams, a barrister at Kings Chambers, considers how companies can control the misuse of group email systems.
The Office of the Australian Information Commissioner has released the final version of the APP Guidelines in time for the start of the new Australian Privacy Principles.
This year’s Hospital and Leisure focuses on technology inter-operability issues within hotel franchising, as well as looking at the current economic environment.
A recently issued claim in the High Court could have a chilling effect on the information a campaign group can collect and use.
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 private equity team at Wragge & Co has advised Mobeus Equity Partners on a £6m investment in the management buyout of Entanet International.
This point was dealt with in Svensson and others v Retriever Sverige AB by the Court of Justice of the European Union (CJEU) on 13 February 2014.
Hogan Lovells has launched LimeGreen IP — a free online legal tool with answers to FAQs from around the world on patents, trademarks, copyrights and technology.
Bird & Bird’s CEO David Kerr on why the low risk, cost-effective and practical cooperative agreement approach is the best way forward in Asia.
Businesses that attempt to boost online sales by ‘piggybacking’ off the good reputations of similar products will have to radically rethink their tactics.
New US cybersecurity framework issued: in wake of cyber attacks and lawsuits, how should organisations respond? download
This alert summarises the framework’s key elements and suggests practical strategies organisations can use to assess whether and how to use the framework.
Video: Pillsbury 2013 highlight reel — achievements in the energy, financial services, real estate and technology sectors
Pillsbury has produced a three-minute video update featuring its most noteworthy engagements and achievements from 2013.
Bird & Bird has signed a cooperation agreement with South Korean firm Hwang Mok Park, blazing a new trail for international firms to tap into the market.
Paul O’Hare has won the 2014 Corporate Intl Magazine Global Award for ‘Outsourcing Lawyer of the Year’.
Modern digital currencies such as Bitcoin attempt to do something fundamentally different to a digital representation of ‘standard’ money.
Walker Morris has teamed up with Bloom to run a series of breakfast seminars to discuss the issues and opportunities surrounding the management of brands in a digital age.
Bristows associate Jeremy Blum has been quoted in IPPro The Internet in relation to new legislation and case law to deal with fakes online.
DLA Piper, Fenwick & West and William Fry have advised King.com, the company behind Candy Crush Saga, on its proposed $500m IPO on the New York Stock Exchange (NYSE).
In Hillcrest Homes v Beresford and Curbishley, the TCC decided that claims that had been advanced in negligent misstatement and misrepresentation could not be adjudicated.
Kings Chambers’ clinical negligence and healthcare team has launched a blog featuring news and views of cases and legal developments.
Bristows associate Tom Ohta has been quoted in New Law Journal in relation to the recent ruling in the Svensson case on hyperlink copyright.
The European Observatory has now launched its Enforcement Database. The database allows rights holders to upload information in relation to their trademarks.
National cybersecurity framework released — has your organisation considered the implications? download
The cybersecurity framework is a risk management tool to assist companies with assessing the risk of cyber attack, protecting against attack and detecting intrusions as they occur.
The High Court has held that Amazon infringed Lush’s Community trademark by its purchase of the Google Adword ‘Lush’.
The ALRC Final Report into Copyright and the Digital Economy is now publicly available, having been tabled in Parliament on 13 February 2014.
Minerals Matters — winter 2014 download
This issue contains articles relating to human rights in the mining industry, data protection issues, the ability to remove squatters and the crackdown on bribery and corruption.
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.
Online reviews present a risk for businesses as they may engage in misleading or deceptive conduct in contravention of the Australian Consumer Law.
Taylor Wessing has been named as the winner of the Legal Technology Team of the Year at the 2014 Legal Business Awards.
Walker Morris corporate partner Debbie Jackson has been listed as one of The Lawyer’s Hot 100 Lawyers in its annual research report.
Wragge & Co’s intellectual property (IT) team has won TMT Team of the Year at The Legal Business Awards.
In November, a US court gave a significant judgment on the scope of the US ‘fair use’ provision, holding that Google’s acts in relation to the Google Books project constitute fair use.
The Court of Justice of the European Union has delivered judgment in a seminal case on how hyperlinking and framing should be treated under copyright law in the EU.
The Office of Fair Trading’s principles for online and app-based games have been finalised and industry is being given until 1 April 2014 to comply.
After publishing a draft for consultation, the government has laid the Consumer Rights Bill before parliament together with explanatory notes.
Linking to freely available content is not copyright infringement — the CJEU’s decision in Svensson v Retriever Sverige download
Internet users can use hyperlinks to redirect users to copyright works on other websites without infringing copyright as long as the copyright works are ‘freely available’ on the other site.
Evershed’s head of product liability, Richard Matthews, believes Toyota’s latest recall could once again dent the firm’s reputation.
Information security obligations for Australian businesses under the Privacy Act: a reminder from the OAIC download
At the launch of this year’s Privacy Awareness Week, the OAIC released its new guide to information security — ‘Reasonable Steps to Protect Personal Information’.
The Cybersecurity Framework: administration and Congress move to incentivise private sector co-operation download
The White House has announced its eight preliminary incentives to encourage private sector owners and operators of critical infrastructure to adopt the final Cybersecurity Framework.
This alert provides a preliminary assessment of the cybersecurity EO and observations that may be helpful in considering how new standards may affect your company.
Executive Branch acts out on cybersecurity: what you need to know about this groundbreaking effort download
The White House has released the National Institute of Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity.
A report has been published in Nanfang Daily that includes an interview with Dacheng senior partner Zhang Xiang, who has been an active advocate of posting court documents online.
On 19 December 2013, the Court of Justice of the European Union gave an important ruling on database rights and meta search engines.
This newsletter provides a cross section of cutting-edge issues in the ever-more convergent fields of intellectual property, technology and media.
JPM provides legal services relating to patent, trademark, industrial design, copyright and trade secret protection.
Hogan Lovells has announced the further expansion of its New York office with the addition of corporate partner Adam Golden.
Dacheng partner Liu Jiawang has been elected as vice-president of the Internet Society of Yunnan.
Lewis Silkin client Lush has won a monumental trademark battle against Amazon at the High Court.
Pillsbury lawyer Amy Pierce captures the key acronyms, abbreviations and definitions relevant to the virtual currency industry.
Google’s long-standing competition adviser Cleary Gottlieb Steen & Hamilton has helped the search giant avoid a fine of up to £3bn from the EU’s Competition Commission.
Louise Taylor considers the privacy challenges posed by the ‘internet of things’.
The media landscape in 2014 download
Lorna Caddy and Adam Rendle set out some predictions on how the media landscape is likely to change and develop during the course of 2014.
Graham Hann considers the main legal (and some practical) issues with the ever-expanding ‘internet of things’.
The government has published the eagerly anticipated Model Services Contract. It replaces the OCG Model ICT Contract version 2.3.
The ICO has published updated guidance on how to deal with subject access requests from individuals. This is called the Subject Access Code of Practice.
Jeremy Blum of Bristows has appeared in a BBC report on the European Union’s (EU’s) hearing of a case involving the online purchase of counterfeit goods.
No5 Chambers has released the first edition of its Commercial & Chancery Bulletin for 2014.
DLA Piper has announced that Gregory Manter has joined the firm as partner in the technology, sourcing and commercial practice
The Fair Work Commission has upheld the dismissal of an employee who refused to acknowledge that he had read and understood his employer’s social media policy.
Thomas Boyd, co-chair of DLA Piper’s regulatory and government affairs practice, submitted a statement to the US senate judiciary committee.
The FCA has published a voluntary application for the imposition of a requirement by price comparison website MoneySuperMarket.com.
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.
Gerard Karp is now co-heading Wierzbowski Eversheds’ privacy, information and communication technologies team and electronic communications team.
DLA Piper’s Todd Toral discusses how unsettled cybersecurity laws puzzle companies on the Privacy Piracy Radio Show.
New research from Eversheds has revealed that a new breed of young lawyer is seeking to reform the legal sector.
Connecting the ‘internet of things’ download
With predictions of up to 50 billion internet-enabled devices by 2020, it is worth considering exactly how these devices will actually connect to the internet and to each other.
gTLDs — predictions for 2014 download
Twenty-four new gTLDs have been delegated — meaning the registrars of those domains are now undertaking the final administration processes before launching to the public.
The market for sponsored content or ‘native advertising’ has grown phenomenally in the last 12 months.
Paul England and Kathleen Fox Murphy look at the application of the patents system to the ‘internet of things’.
The move towards ‘ubiquitous computing’ has led to the development of a new technology category: wearable technology.
Taylor Wessing predicts what new technological developments and products might be launched over the coming year and what legal issues could result.
The data are hugely valuable. But who owns them? The answer is no one — there is no property right in a piece of data itself.
Over the past few years, there has been a slow trickle of employment tribunal decisions relating to the use of social media.
California firm Cooley has posted record financial results for the 2013 year, reporting a 9 per cent rise in revenue to its highest-ever total of $674m.
An important extension to European copyright law concerns technological protection measures, in other word forms of encryption used to protect digital content.
The ICT services sector continues its trend in outperforming the software sector. Boardroom confidence in the sector continues its upward trajectory.
Compliance with AML, Know Your Customer and sanctions regulatory requirements dominated the financial services landscape in 2013. This looks set to continue in 2014.
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.
This inaugural report highlights the current key trends and themes in the global data centre industry and provides an outlook for the data centre market in 2014.
Twitter still to grasp the nettle download
Twitter’s abject failure to deal with the recent abuse levelled at Stan Collymore, an ex-Premiership footballer, suggests that its assessment might have been ill judged.
Addleshaw Goddard has released the latest edition of its Data & Information E-Alerts.
A new breed of young lawyer is seeking to reform the legal sector, according to Eversheds’ recent ‘21st Century Law Firm: Inheriting a New World’ report.
Those of us in the eDiscovery industry recall that 2012 was declared the ’year of predictive of coding’. Despite a similar prediction for 2013, many of us assumed predictive coding would continue to be the focus for corporate clients and become further engrained in legal culture
The High Court has considered whether a party can get an injunction preventing another party from terminating a licensing agreement where this would result in the cessation of one party’s business.
The Serbian government has taken the first steps of implementing a new court system with the passing of a new law on seats, jurisdictions of courts and public prosecution offices.
This bi-annual China TMT report analyses some of the key developments in the TMT sector over the past few months.
Google appears to have removed Irwin Mitchells’ domain names from its organic search listings as a penalty for hyperlinking to its sites via numerous blog and forum posts.
From 14 January 2014, reports made by coroners to help prevent future deaths will be routinely published online.
E-discovery is a critical process that occurs early in civil litigation matters and involves the exchange of information between parties involved in a legal action.
European justice ministers have still not come to an agreement on the ‘one-stop-shop’ mechanism due to differing legal arguments.
The ICO fines and undertakings published in December highlight the importance of providing comprehensive data protection training to employees who handle personal data.
South Africa’s Protection of Personal Information Bill (PoPI) has finally been signed into law by president Jacob Zuma.
The Spanish Data Protection Authority has fined Google €900,000 for three separate breaches of the rights of Spanish citizens when collecting personal data.
Addleshaw Goddard has released the latest edition of its Data & Information E-Alerts.
Twitter victims strike back download
Two Twitter trolls who sent abusive tweets to Caroline Criado-Perez have been sentenced to 12- and eight-week custodial sentences at Westminster Magistrates’ Court.
For the second year, running female delegates at the World Economic Forum meeting at Davos are outperforming their male counterparts on social media.
Arendt & Medernach has launched The Arendter magazine. Topics covered in this first issue include tax, regulatory, international, art, training and innovation.
NCTM has launched its digital magazine nctm e l’arte on the Flipboard social news platform.
King & Wood Mallesons has advised Chinasoft on its successful non-public issuance of 21,587,512 A-shares on the Shanghai Stock Exchange.
Bird & Bird’s net debt rose last year by 20 per cent to €27.1m (£22.4m), the firm’s LLP accounts have shown.
The EU believes strict regulation is the path to online security, and accountants are already lining up to seize the advice work
With his techie background, Unisys GC for Emea Pavel Klimov is well placed to understand how lawyers can help combat the cyber threat
The Prism scandal has boosted awareness of vulnerability, says Mike Janke of Silent Circle
Mobile device security is about more than the consumer offer, says Lookout’s Thomas Labarthe
Helping the strong Israeli tech sector get funding is vital, says INE Ventures’ Paul Grossinger
Finding patterns in mass data is a service in demand, says Kristofer Månsson of Silobreaker
The Privacy and Civil Liberties Oversight Board has concluded that the National Security Agency’s bulk collection of telephone call records is illegal and should be ended.
On 21 January, the FTC announced 12 proposed settlements with companies accused of falsely claiming that they complied with the US-EU Safe Harbor Framework.
Concerns about information security — including cybersecurity and physical security — are increasingly permeating corporate life.
President Barack Obama has announced important reforms in the ways the US government will gather, store, use and retain signals-related information.
England ‘clearly’ the right forum for privacy and data protection claims against Google Inc, says Tugendhat download
The High Court is allowing British residents to sue Google in England for misuse of private information and breach of its duties under the Data Protection Act 1998.
Un-safe Harbor: is Safe Harbor an adequate means of protecting EU personal data transferred to the US? download
Since its introduction, many in the EU have been sceptical about the security offered by Safe Harbor
A number of calls are taken each year from doctors and other clinical professionals reporting that damaging information has been published about them.
This article examines some of the different types of claim or medico-legal query Mills & Reeve received in its Claims Handling Unit or out-of-hours service during 2013.
The proliferation of electronically stored information is driving legal departments to re-engineer dispute management to improve outcomes and lower risk.
Draft social media guidance download
After four years of waiting, the Food and Drug Administration has released its draft social media guidance.
Paula Barrett, data privacy expert at Eversheds, has commented on the theft of almost half of all South Korea’s credit card details.
This week’s All Consuming Legal Insights video from Taylor Wessing focuses on data protection.
Ben Jones, tax expert at Eversheds, has commented following the news of HMRC’s investigation of the tax treatment of Bitcoins.
We already know that consumer protection law will change in June 2014. Is 2014 also the year of new EU data protection and communications legislation?
The Information Commissioner’s Office has issued guidance urging app developers towards ‘privacy by design’ and highlighting the need for transparent privacy policies and flexible settings.
White paper — connected health download
This white paper from Wragge & Co summarises definitions pertaining to the European Connected Health Alliance.
DLA Piper has represented EagleView Technology in the negotiation of the agreement by which it will be acquired by Verisk Analytics for $650m.
Before Christmas, Twitter indicated how it intends to tackle two of its main challenges in 2014, namely: trolls and the spread of false information.
Inward investment to Ireland is rising, just the tonic for its law firms
A KPMG report has revealed a disconnect between executives who realise the value of big data but are unsure of how to effectively implement their existing resources.
DLA Piper has appointed Dr Markus Gampp to its German intellectual property and technology practice.
Wragge & Co’s public companies team has completed the reverse takeover of AIM-quoted cloud service provider Nasstar.
This article sets out how you can ensure your company avoids falling foul of the competition rules on exchanging information in its dealings with competitors and other market players.
Hogan Lovells has recruited Mark Parsons into its corporate/commercial team in Hong Kong as a partner with a particular focus on complex commercial transactions and regulatory matters in the TMT sector.
There is a fresh batch of content on the Taylor Wessing Global Data Hub site, which provides you with insight and guidance on data protection issues.
Recent attacks on Twitter through the legislative framework into sharp relief
In this ThinkHouse podcast from Wragge & Co, parter Sally Mewies talks to Michael Luckman about the pros and cons of cloud services.
Eversheds’ Swedish office has advised Virtusa Corporation, which has acquired Swedish company TradeTech Consulting Scandinavia.
During 2013, Goodman Derrick’s technology group had lead roles in relation to three equity fundraisings for technology companies.
The CJEU has given its first decision on whether the scraping of data from websites infringes the database rights in the target websites.
We are regularly instructed by local and national regulators as well as regulated companies and individuals across a wide range of industries.
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.
Addleshaw Goddard has announced the arrival of commercial litigation expert Bill Gilliam, previously head of Eversheds’ health and life sciences practice.
Bristows has appointed partner Rosemary Choueka and announced the promotion of three associates to the partnership next May.
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.
Hogan Lovells has announced the promotion of 29 new partners, effective 1 January 2014.
China’s revised consumer rights protection law ‘raises the bar’ for both ‘bricks and mortar’ retailers and online retailers download
China is now believed to be the world’s largest online marketplace, as well as quickly gaining on the US as the country with the largest overall retail marketplace.
Cloud computing: key telecommunication regulatory issues for foreign service providers in China download
This briefing discusses key telecommunication regulatory issues for foreign companies that want to provide cloud computing services in China.
In a KPMG survey of 60 executives, 90 per cent indicated that the number of cross-border investigations have either increased or remained the same over the last year.
Derivative Services will host a webinar entitled ‘Navigating cross-border transfer restrictions when transferring data to foreign law enforcement authorities, regulators and courts.’
There was little mention made in the autumn statement of the CRC scheme, but the government did announce that it would introduce a CCA for the data centre sector by the end of 2013.
King & Wood Mallesons has advised Bitauto on its successful issue of American depository shares.
Liz Fitzsimons, data protection expert at Eversheds, has commented on news that the BBC faced a cyber attack on Christmas Day.
Conyers Dill & Pearman has acted for the sponsors on a cash transaction involving the purchase of BMC Software by a private investor group.
On 12 December 2013, the Italian Communication Authority approved a new regulation on online copyright enforcement, which will come into force on 31 March 2014.
Conyers Dill & Pearman has advised Luxoft Holding, a European IT service provider, on all British Virgin Islands (BVI) law aspects of its secondary public offering.
On 12 December 2013, the Information Commissioner’s Office published an information sharing and data protection checklist.
Addleshaw Goddard has released the 20 December 2013 issue of its Data & Information E-Alerts publication.
The developer of Minter Ellison’s BoardTrac app has been named in the top 20 in Deloitte’s Fast 500 Asia-Pacific list of the fastest-growing companies in 2013.
Following the October consultation, Briggs LJ published his Final Report on modernising the procedures and practices of the Chancery Division this month.
Fiona Ghosh of Eversheds has commented following news that US retailer Overstock plans to accept online currency Bitcoin as payment.
Generic top-level domains appear to the right of the dot in a domain name. Historically, there were only a limited number available, with ‘.com’ being the most common.
This first instalment highlights the importance of implementing a legal department management system.
In this second instalment, Rob Thomas assesses ways of convincing the CFO that new technology can do more than merely provide a return on investment.
Mills & Reeve has acted for FactSet Research Systems on its strategic acquisition of a majority stake in Matrix-Data.
E-commerce tools and the anonymity offered by trading over the web have long been exploited by traders of counterfeit goods.
The new Australian privacy principles attempt to keep pace with changing technology, emerging privacy issues and developments in privacy law in Australia and internationally.
New PRC Consumer Rights Law fills legal void governing data privacy protections — get ready for 3/15/2014 effective date download
The newly revised Consumer Rights and Interests Protection Law of the PRC is the first revision of China’s old Consumer Rights Law since its promulgation in 1993.
Failing to proceed with due diligence: can this constitute a repudiatory breach of a building contract? download
The Technology and Construction Court examined this issue in two cases and found in each case that it was not a repudiatory breach on the facts of the case.
The Technology and Construction Court has found that a letter could constitute a valid notice notifying a breach even if it did not expressly refer to the relevant contractual provisions.
Addleshaw Goddard has released its Data & Information E-Alerts publication for 6 December 2013.
E-commerce start-up Powa Technologies has turned to internet giant Yahoo for the hire of senior in-houser Manu Kanwar as chief legal officer.
On 5 December 2013, the Court of Justice of the European Union published its decision on the appeal of the European Medicines Agency.
DLA Piper has advised NASDAQ-listed HomeAway on its purchase of Stayz Pty, a wholly owned subsidiary of Fairfax Media, for AUD220m.
In regulating the pharmaceutical industry, legislators have to balance a number of competing interests.
A new dawn for defamation? download
The Defamation Act 2013 comes into force on 1 January 2014. Shoosmiths provides details of the new regulations.
This guide examines the recent reform of e-disclosure obligations introduced to tackle the demands of modern business disputes and offers tips to help you stay ahead of the game.
George Osborne announced in his Autumn Statement that the government will introduce a climate change agreement for the UK data centre sector by the end of 2013.
Hogan Lovells has successfully represented Facebook in its efforts to suspend the ‘.facebok.pw’ domain name, using a new legal rights mechanism called URS.
The Criminal Court number 4 of Castellón has sentenced a peer-to-peer file sharing webmaster to 18 months’ imprisonment for a continued offence against IP rights.
The Occupational Safety and Health Administration of the US Department of Labor proposed a new rule which will require employers to electronically report injury and illness data on a quarterly basis.
Nominet, the UK’s registry operator, has announced that, from summer 2014, shorter .uk domain names will be made available for registration.
Global Data Protection Index download
This is only the second time that the Data Protection Index has featured in Global Intellectual Property Index, yet a number of trends are already apparent from the results.
Taylor Wessing looks at the latest news and updates in the data protection and information technology sectors.
Data protection news update — Europe download
In this briefing, Taylor Wessing focuses on European data protection news and updates.
Google has won the latest battle in its long-running dispute with the US Authors’ Guild over its plan to create a digital library of every book in the world.
The European Commission has launched a public consultation in support of its review of the EU copyright regime.
Addleshaw Goddard has released its Data & Information E-Alert for 15 November 2013.
Addleshaw Goddard has released the November 2013 edition of InSure. This section focuses on data protection.
Kings Chambers’ Sam Karim has spoken at the EHFCN workshop on cross-border data sharing and data protection, which was held in Brussels on 6 December 2013.
ThinkHouse podcast — IP and patents, confidential information, online compliance and competition law download
This ThinkHouse podcast from Wragge & Co focuses on intellectual property and patents, confidential information, online compliance and competition law.
Osborne Clarke is to launch an office in Amsterdam in the New Year, marking the firm’s fourth international opening with a year.
Pinsent Masons is expanding its French presence with the acquisition of six-lawyer boutique Ichay & Mullenex Avocats.
DLA Piper has released the latest issue of its Intellectual Property and Technology News, which includes a piece on Delaware and the final instalment of Trade Dress Watch.
The Italian DPA has issued a decision introducing more stringent obligations for the transfer of data to call centres located in countries outside of the EU.
On 6 November, a Paris court ordered Google to filter out hyperlinks to images of former F1 boss Max Mosley in an allegedly Nazi-themed sadomasochistic orgy.
These days, it seems as if every passing week brings with it a new story in the press about the legal risks of engaging with social media.
Paula Barrett of Eversheds believes that cybersecurity ‘remains a global threat for businesses’.
Eversheds has commented following news that users of Twitter and Facebook will be warned about the dangers of committing contempt of court in new advisory notes from the UK attorney general.
NCTM has assisted IBM Italia in the acquisition of ACG, its division dedicated to the development and the distribution of management software, by TeamSystem Group.
Allen & Overy (A&O), Ashurst and Clifford Chance have advised on German drugs and chemicals group Merck’s £1.6bn acquisition of AZ Electronic Materials.
The Safe Harbor scheme is of key importance to transatlantic trade.
Taylor Wessing has published its Radar: Technology & Communications Update for December 2013. This section focuses on communications.
Addleshaw Goddard has released the 22 November 2013 edition of its Data and Information E-Alerts briefing.
Taylor Wessing has published its Radar: Technology & Communications Update for December 2013. This section focuses on apps.
Taylor Wessing has published its Radar: Technology & Communications Update for December 2013. This section focuses on cyber security.
Taylor Wessing has published its Radar: Technology & Communications Update for December 2013. This section focuses on data protection.
Taylor Wessing has published its Radar: Technology & Communications Update for December 2013. This section focuses on intellectual property.
Taylor Wessing has published its Radar: Technology & Communications Update for December 2013. This section focuses on intermediary liability.
Taylor Wessing has published its Radar: Technology & Communications Update for December 2013. This section focuses on media and social media.
This second instalment of ‘All Consuming Legal Insights’, Taylor Wessing’s new video series, focuses on protecting your business.
In the mobile environment, data can be collected and shared with ease. Each individual’s privacy must be strictly protected, no matter what platform/technology is used.
King & Wood Mallesons has provided legal support to Beijing Zhongsou Network Technology Co.
On 26 November 2013, advocate general Cruz Villalòn of the European Court of Justice issued his opinion in case C-314/12 UPC Telekabel Wien.
DLA Piper has represented ACTIVE Network, a San Diego-based software company, in its $1.05bn acquisition by Vista Equity Partners.
The most frequently complained-about breach of etiquette in this age of constant cyber communication is the failure to reply to an email.
Taylor Wessing’s new fixed-fee service is specifically designed to ensure technology SMEs are fully compliant with the law.
Claim for cease and desist against sending unrequested ‘tell a friend’ recommendation emails via a recommendation function download
The Federal Supreme Court has found that a claim for cease and desist can be asserted against the company that provides a recommendation function at its webpage.
Taylor Wessing has launched ‘All Consuming Legal Insights’ — a series of short videos covering legal insights and developments in the consumer products sector.
Simon Crossley of Eversheds has said that it is no coincidence that trade-secret theft has increased, due to businesses storing information on networked systems.
Partner Nigel Stamp believes new guidelines for e-commerce in China are an encouraging development.
The European Parliament has voted — by an overwhelming majority — to significantly overhaul current EU data protection laws.
The considerable duration of EPO proceedings will continue to point in favour of refusing a stay of English proceedings in most cases.
Unions target tech companies’ outside vendors: four action points when your company is caught in the middle download
Since the technology company does not employ the individuals performing the services, it has nothing to worry about from labour unions seeking to organise them. Right?
Wragge & Co’s data protection team has helped in the creation of the World Law Group’s latest report, Global Guide to Data Breach Notifications.
Jeffrey Eneberi, GC at online takeaway service Just Eat, keeps the start-up fire burning among staff, even as the business mops up rival operations around the world
Caroline Atkins discusses how Australian government agencies can gain the commercial solutions they need in ICT procurement while avoiding the pitfalls of open source licence risks.
Taylor Wessing has advised the shareholders of Germany-based social media platform operator Sharewise on its acquisition by Japan-based Minkabu.
Hogan Lovell’s latest news and commentary on payments, including regulatory developments, payments market developments, and surveys and reports.
Regulatory risk update: online sales restrictions under scrutiny of European Antitrust Authorities download
Competition authorities in Europe are clamping down on restrictions or bans on online sales, especially sales over internet platforms such as Amazon and eBay.
The place of supply rules determine where businesses are obliged to register, collect and remit VAT due on their supplies and in which member state.
DLA Piper has advised as project legal counsel on the implementation of the first standardised online Intellectual Property Agreement Guide project.
DLA Piper has advised the Cabinet Office on the creation of SSCL, a joint venture between HM Government and Steria.
Walker Morris has advised InTechnology on the sale of its subsidiary InTechnology Managed Services to Redcentric for £65m.
Generic top-level domain (gTLD) is one of the top-level domains (TLD) managed by the Internet Corporation for Assigned Names and Numbers.
King & Wood Mallesons has advised Goldenmars Technology Holdings on its successful listing on the GEM Board of the Stock Exchange of Hong Kong on 9 September.
The European Medicines Agency is currently developing a policy on the proactive publication of clinical-trial data.
Incubators are not often commonly associated with corporates or business enterprises, yet young companies can benefit greatly from a period of ‘incubation’.
Antitrust authorities in Europe are getting more and more rigid with regard to clauses that restrict or ban online sales.
The demand for a ‘Google-like’ search facility that delivers the right results from the right resources at the right time is one that is heard across all types of organisation.
The value of information and internally developed knowledge has never been more important to a law firm.
Eversheds has advised workforce payment solutions provider FleetCor Technologies on the acquisition of Epyx, a technology solutions provider to the fleet sector, from HgCapital.
This article summarises some of the technological innovations retailers are adopting to survuve in the tough economic market and their legal risks and implications.
Ince & Co has advised the majority shareholders of Interactive Ideas, an enterprise software distributor, on the sale of its business to Storit
The Australian Prudential Regulation Authority (APRA) has issued the final version of its new prudential practice guide, Prudential Practice Guide CPG 235 — Managing Data Risk.
Luxembourg isn’t just a financial centre. Over the past few years, Luxembourg has made significant efforts to diversify its marketplace and to ensure its attractiveness as one of the leading countries in Europe in IT/IP and e-commerce.
The Court of Appeal has declined to introduce the detailed guidelines on awards for injury to feelings for discrimination into the DPA regime.
The latest decision concerns a dispute over Zynga’s launch of an online game in January 2012: ‘Scramble with Friends’.
Personal data processing — are the operators of public communication networks in compliance with the law? download
A procedure of supervision of operators of public communication networks and services has been initiated.
Taylor Wessing’s Global Intellectual Property Index provides an assessment of how intellectual property regimes around the world compare with each other.
The article 29 working party has published guidance on how to comply with cookie legislation across all member states.
The right for individuals to gain access to personal information that organisations hold about them is a core requirement of most data protection laws.
The access right is the right for an individual to ask whether an organisation holds and/or processes personal data relating to the individual and enables the individual to obtain a copy.
Organisations can find themselves drowning under the weight of subject access requests (SARs) if they are not adequately prepared.
SARs are often used as a mechanism for pre-action disclosure by current or former employees for the purposes of actual or intended litigation.
Freshfields Bruckhaus Deringer has appointed its new global chief information officer (CIO) to replace outgoing chief Paul Domnick.
Paula Barrett, international head of privacy and information law at Eversheds, has commented following controversial amendments to a draft internet privacy bill in Brazil.
KPMG Capital is an investment fund created to accelerate innovation in data and analytics that will help clients of member firms unlock tangible value of their big data.
Pan-European e-commerce compliance download
Governing law — which to choose? download
This article focuses on the issue of which law to choose to govern contractual relationships with customers.
Where physical goods are concerned, there have long been limits on the extent to which the owner of the IP rights in a product can use those rights.
Imagine a service established in member state A that wishes to deliver on-demand streamed access to music and films to consumers in each of the other 27 member states.
Taxing digital content download
Neil McKnight, a senior associate in Taylor Wessing’s tax group, summarises some of the tax issues faced by businesses distributing content across borders.
Eversheds Nicea has announced a business breakfast and debate that will provide an analysis of the modification of Spain’s General Law of Consumer.
The European Parliamentary Committee for Civil Liberties, Justice and Home Affairs has voted on a series of proposed amendments to the draft EC data protection regulation.
KPMG has won the IT Services Marketing Association’s (ITSMA’s) Diamond Award for integrated social and digital marketing.
A court was prepared to take into account the number of documents and the nature and complexity of the case in deciding whether a disclosure order had been complied with.
Consent to receiving unsolicited electronic marketing communications must be ’extremely clear and precise’.
Following its market investigation, the OFT has published draft principles for the makers of online and app-based games.
Paula Barrett of Eversheds commented ahead of a public hearing that saw the respective heads of MI5, MI6 and GCHQ face questions from MPs on issues of UK security and cyber threats.
Draft regulations setting out notice and take-down procedures for operators under the Defamation Act 2013 have been published.
Taylor Wessing has advised Inflexion Private Equity Partners on the secondary buyout of Cablecom Network Holdings.
Gresham computing has hired a Manches associate to its new general counsel post, marking the first qualified lawyer to enter the company.
The purpose of this white paper is to help in-house counsel bridge this gap by translating legal process improvement into a value proposition that will resonate with the chief financial officer.
Paula Barrett, data regulation expert at Eversheds, has commented on the workability of EU data protection proposals.
Why relying on A/P and invoice approval software is a dangerous game for your legal department download
Legal eBilling, invoice approval and matter management software, as opposed to just A/P software, are neccessary to efficiently manage even a small legal department.
eBilling explained download
The European Union is at the forefront of driving the widespread adoption of eBilling. Thomson Reuters explains what it is and how it can add value to your department.
The 2014 edition of Chambers UK has recognised Pillsbury’s outsourcing and information technology practice and several partners.
The Taylor Wessing Technology Barometer provides an overview of the trading environment, boardroom confidence, valuations and M&A activity within the UK technology sector.
In overturning a fine, the UK’s First-tier Tribunal (Information Rights) ruled that the breach in question was insufficiently serious to warrant a financial penalty.
Welcome to the October edition of Stephenson Harwood’s Data Protection Update, a monthly bulletin on key developments in data protection law.
Issues of data management and data security continue to be in the spotlight. David Laville considers recent developments and what these mean for business.
The owner of a news portal had been found liable by the Estonian courts for defamatory user-generated comments posted on that portal, even though it removed the comments.
On 15 October 2013 the Office of Fair Trading (the OFT) launched a study into the market for the supply of information and communications technology (ICT) to the public sector.
On 3 October 2013, the Court of Justice of the European Union decided on the interpretation of article 5(3) of Regulation (EC) No 44/2001 on jurisdiction in civil and commercial matters.
Walker Morris managing partner Ian Gilbert is set to present at a Legal Sector Conference, examining some of the key elements that can influence the strategies of law firms.
Higher-education institutions are increasingly aware of the many and varied legal risks arising from the use of social media in their day-to-day activities.
Businesses and brand owners should make sure that their trademarks are not registered as domain names in the new spaces by unscrupulous operators or competitors.
First new gTLDs delegated; non-Latin gTLDs; a new product to defend your marks; and changes to ICANN Registry Agreements download
Brand owners should prepare for the impending release of numerous new generic top-level domains (gTLDs) — the first few of which will be open for registration soon.
In the wake of reports that the US Government and NSA have used clandestine electronic surveillance, the European Commission has urged for the creation of an EU-based cloud system.
What's in an indemnity anyway? download
It’s important to assess what the more ‘traditional’ view may be as to the benefit that an indemnity clause may provide, as opposed to a pure damages claim.
Big data in the energy sector download
Structuring, storing and processing massive volumes of data is problematic.
The mantra we continue repeating is to never draft an agreement without taking into account the sector regulations. Today’s outsourcing tip carries on this refrain.
Effective from 1 July 2013, new rules governing personal data protection issues were adopted.
The National Crime Agency has made a commitment to work closely with businesses in its fight against white-collar crime and cyber attacks.
While much of the world is finally getting a handle on the .com, .net and .org domains, we are on the brink of an explosion of hundreds of new generic top-level domains.
The OFT is set to investigate the ways in which online and app-based games encourage children to make purchases.
The European Commission’s data protection reform proposals were backed today by an overwhelming majority.
A leading City law firm has fought off sophisticated cyber attacks within the last fortnight, specialists revealed – ramping up fears that hackers view legal practices as a soft underbelly route to stealing sensitive client information.
With threats ranging from hacktivists to Chinese spies, it’s time for law firms to get their data security act together
How is the cyber security industry shaping up?
Lawyers are among the most vulnerable to information breaches, according to the Information Commissioner’s Office
Look for clues in the behavioural data in your network, says Darkrace’s Steve Huxter
Reactive systems won’t cut it in the age of zero-day threats, says Greg Sim of Glasswall
Work with cyber threats rather than being paralysed by them, says CSC’s Sam Visner
This week’s issue is devoted to cyber security, a topic simultaneously fascinating and terrifying.
Osborne Clarke has opened an office in Manhattan in a bid to enhance its relationships with tech companies and intermediaries in the US.
The Ministry of Justice has been fined £140,000 by the Information Commissioner’s Office for a serious breach of the Seventh Data Protection Principle.
The dismissal of three employees for sending pornographic emails over a work email system was unfair, despite the employees having clearly breached the employer’s policy.
The Federal Circuit Court of Australia has refused to issue an interlocutory injunction to prevent an employee’s dismissal for making comments and criticisms on Twitter.
Further to the vote that was conducted concerning the revision of the data protection framework in Europe, DLA Piper provides some headline analysis of the vote and the next steps to be taken.
The EU parliament’s Civil Liberties Committee has approved a compromise set of amendments to the EU Data Protection Regulation that moves the parliament’s position to the left.
GSA’s reverse auction platform is changing the way federal agencies buy and contractors compete through FSS programme download
The General Services Administration has launched an online ‘eTool’ that enables federal agencies to use a reverse auction process to procure basic commodities and services.
Eversheds has advised the UK’s Highways Agency on the £367m contract for the implementation of a new free-flow charging system at the M25 Dartford-Thurrock river crossing.
Cyber-security energy infrastructure download
Cyber security is increasingly becoming a key issue for those who own, manage and operate any sort of infrastructure.
At CONTEC, part of the Frankfurt Book Fair, publishing and digital media specialist Laurence Kaye from Shoosmiths highlighted problems concerning the resale of digital content.
Hogan Lovells has hired partner Eduardo Ustaran to join its global privacy and information management practice.
China is one of the world’s largest markets for internet use.
The UK Information Commissioner’s Office (ICO) has opened a consultation on a new draft code of practice for conducting privacy impact assessments.
The UK ICO has prosecuted a pay-day loans company and its director for failing to notify that its business was processing personal data in the UK.
Informal business often have agreements that are partly oral, partly written, and in various forms. This can lead to difficulties should the contractual relations break down and result in litigation.
Whether or not electronic signatures satisfy the statutory requirements for the valid execution of a property document is a widely debated topic that is examined in this article.
Recent developments have further increased pressure in the EU for safe harbour reform.
What is an indemnity anyway? download
There is a noticeable trend for the list of ‘indemnified’ losses in IT and outsourcing contracts to be getting longer and longer.
TMT industry group leader
Offering healthcare solutions at consumers' fingertips? What you should know about FDA regulation of mobile medical apps download
More than two years after the FDA issued draft guidance on ‘mobile medical applications’, the agency recently issued its final guidance.
Mills & Reeve has been recognised in the Financial Times Innovative Lawyers 2013 report in the value resourcing category.
Hogan Lovells has hired Field Fisher Waterhouse’s (FFW) privacy and information group head Eduardo Ustaran, who is expected to serve an 18-month notice period which keeps him at FFW until May 2015.
Our IT and telecoms practice is handled by lawyers who have an intimate understanding of the technicalities involved and who are therefore best positioned to provide advice on related legal matters.
The question of who owns the contacts on LinkedIn — or on Twitter — is one that is that is increasingly troubling the courts.
The code does not have the force of law and enforcement action will not be taken against organisations that do not apply the code.
The CJEU’s decision in Pinckney v Mediatech Case C-170/12 (3 October 2013).
Eversheds has produced a guide for businesses on the different ways of resolving tax disputes, wherever they may arise.
The DPA defines direct marketing as ‘the communication [by whatever means] of any advertising or marketing material that is directed to particular individuals’.
The draft EU data protection regulation has caused much debate, but is it too early to prepare for implementation?
Patents for inventions may be obtainable, but the question arises whether they can be enforced when the user is in one place and the computing resources are elsewhere.
Hardly any FRAND defences have actually succeeded, due to the extraordinarily high practical requirements defined by the German Federal Court of Justice.
The information technology industry invests large sums each year in the innovation and development of new tools for mobile handsets and other computer systems.
The rise and rise of patent assertion entities (PAEs) in the US has become so serious that the problem is now being tackled at the highest political levels.
Data protection specialists at Shoosmiths have launched a data protection e-learning tool to help businesses that process personal data to stay within the law.
Imperva has published a report on what it believes to be a major security weakness in the coding make-up of PHP.
The Communications Electronics Security Group has launched two schemes to help organisations rapidly obtain expert assistance should they fall victim to a cyber attack.
The Department for Education has published the national curriculum for computing that will come into force from September 2014.
The UK technology sector is defying the double-dip employment slump.
In August 2012, the Financial Conduct Authority published the first of a series of thematic reviews on the mobile payment industry.
Minter Ellison’s technology team is consistently ranked as one of the best in the Asia-Pacific region.
The European Court of Justice has ruled on whether metatags and domain names can be considered ‘advertising’ under the Comparative Advertising Directive.
We are at the cutting edge in terms of our understanding of the shifting technology environment and can help you with the resulting legal issues.
Our substantial international team of more than 70 data privacy experts advises on global and national data issues for clients of all shapes and sizes.
The 1 October 2013 issue of Addleshaw Goddard’s Data and Information E-Alerts publication is available now.
The UK Information Commissioner’s Office has opened a consultation on a new draft code of practice for conducting privacy impact assessments.
Laurence Kaye, publishing and digital media specialist at Shoosmiths, spoke at the EASDP Congress, which focused on the importance of data.
On 23 September 2013, the FDA released the long-awaited mobile medical applications final guidance.
DLA Piper partner Victoria Lee has been named by The Recorder on its list of ‘Women Leaders in Tech Law’.
Eversheds has successfully represented PTK Centertel in a case involving a fine imposed by the Polish telecoms regulator for the company’s Zetafon offer.
The upcoming launch of new generic top-level domains (gTLDs) will mark one of the biggest shake-ups of the internet since its introduction.
South West firm Temple Bright has secured an inaugural instruction for its London office, advising on the acquisition of web developer Red C by brand agency FM Group.
New legislation is intended to enable a single market for telecoms services in the EU in order to accelerate economic growth and restore Europe’s leading role in mobile technology.
With offerings provided ‘as a service’ becoming increasingly prevalent, more lawyers in both private practice and in-house will be seeing cloud-related contract terms.
DLA Piper has developed model rules for green property management agreements in collaboration with a real-estate services company and the DIFNI.
KWM recognised by Asian-Mena Counsel In-House Community Representing Corporate Asia & Middle East Survey 2013
King & Wood Mallesons has been named Firm of the Year 2013 in China across six practice areas.
Taylor Wessing has been crowned Best Marketing and Communications Team 2013 at The Lawyer Management Awards.
The US Court of Appeals for the Fourth Circuit ruled that ‘liking’ a Facebook page is ‘pure speech’ as well as symbolic expression.
The parties’ relationship was one of principal and agent, and therefore the agent is required by law to produce documents relating to the affairs of the principal.
E-discovery products supplied by Recommind have helped a Fortune 150 financial services firm become litigation ready.
Processing personal data on the basis of an employee’s ‘consent’ may not be considered a valid legal basis due to the unequal relations between an employer and an employee.
Hogan Lovells is understood to be losing its entire Berlin office to Morrison Foerster (MoFo), marking the most recent raid on its technology and media team.
Big data has become big business. The rising volumes of digital data in the corporate world create opportunities for companies to leverage information in ways never before possible.
Big data is here to stay, and with it come huge challenges and opportunities. The amount of data coming into an organisation is daunting.
Predictive coding explained download
Today’s knowledge-driven business world demands unprecedented access to information and myriad methods of near-real-time communication.
Proposed data protection reforms have been the subject of much discussion, debate and lobbying since the draft regulation was first issued in January 2012.
Costs control is here to stay but never fear, help is at hand for counsel beginning to get the jitters
New laws to be brought into force next year will curtail the ability of some IT suppliers to terminate their agreement with counterparty where the customer becomes insolvent.
The Information Commissioner’s Office has suggested a 10-step approach when considering how to respond to a subject access request.
The application was made by Southern Pacific Personal Loans Ltd (SPPLL), a member of the Lehman Brothers group of companies that had gone into voluntary liquidation.
The Court of Justice was asked whether the registration or use in a domain name and/or the use in a metatag fell within the definition of ’advertising’.
A working group tasked with making recommendations for optimal regulation of health information technology delivered its final report to the Food and Drug Administration.
This supplement is a continuation of Thomson Reuter’s report Information Governance For Lawyers.
Medical devices and 3D printing download
The introduction of 3D printing as a new form of cheap and accessible manufacturing throws up two key threats for rightsholders.
The cybersecurity framework: Administration and Congress move to incentivise private sector co-operation download
The White House has announced its eight preliminary incentives to encourage private sector owners and operators of critical infrastructure to adopt the final cybersecurity framework.
The Internet of Things (‘IOT’), or the Internet of Everything, has become a popular buzzword in recent times. But what does it really mean?
Taking his Silicon Valley expertise to Chinese internet giant Tencent, GC Brent Irvin is helping the company take on the digital status quo with the likes of WeChat
While the law and technology tussle for the upper hand, there is much people can do to protect themselves
Focus: 'home insurance' — new provisions concerning management of insurance relationships via the internet download
Life and non-life insurance companies must now arrange suitable areas in their websites reserved for each contracting party.
There is no general requirement to report data breaches under German law. Whether a notification has to be made will depend on the type of personal data affected and the nature of the data controller.
It is key to review contracts you have with third parties that may give rights to those third parties in relation to data and information security.
Data security breaches almost always give rise to a risk of reputational damage to the company responsible for controlling and processing the data.
The Data Protection Act 1998 requires that organisations processing personal information relating to individuals must comply with eight data protection principles.
In January 2012, the European Commission unveiled its draft data protection Regulation (Regulation), intended to update and harmonise EU data protection law.
San Diego firm the McMillan Group is being sued by online directory company Yelp.com for allegedly fabricating positive reviews to boost its reputation.
Cookies are small text files placed by a website server on the user’s terminal device when visiting a website. They can be used for several purposes.
New laws will curtail the ability of some IT suppliers to terminate their agreement with counterparty where the customer becomes insolvent.
Seda Akipek and Müjdem Aksoy of Cerrahoglu examine the implications of changes to Turkey’s commercial code that allow for electronic company meetings.O
The sports-media industry has recently experienced a proliferation of litigation involving right-of-publicity claims asserted by student athletes.
Supreme Court corner — Q3 2013 download
In a split decision, the court found the proper judicial review of reverse settlement payments is a ‘rule of reason’ in light of the pro-competition nature of the Hatch-Waxman Act.
Australia’s Federal Court has handed down another decision with significant implications for the patentability of business method, software and computer-implemented inventions.
DLA Piper has released the Q3 2013 edition of its Intellectual Property and Technology News — EMEA.
DLA Piper has released the Q3 2013 edition of its Intellectual Property and Technology News — United States.
Digital brand engagement has become more and more important in the last years in the CEE: for example, in the realms of eBooks, training courses, software and domain names.
A company’s trading names, brand names and logos (and in some cases, the shape of the product itself) can all be protected as registered trade marks.
Trademarks are valuable forms of legal protection. However it is important that businesses choose the right trade marks as the wrong trademark can give little if any protection.
A recent German case concerning keyword advertising shows the significant margin of appreciation national courts have to apply to European Court of Justice case law.
In today’s digital age, the prevalence of targeted online advertising is easily felt. However, the mainstay continues, at least for now, to be keyword advertising.
Appropriate protection for the branding of digital goods and services is often a cross-border issue, as businesses naturally take advantage of the global network.
While copyright and database rights are the IP rights most associated with the protection of software and digital content, design rights can offer real benefits to the digital sector.
Concerns about privacy and control over data are often cited as the major impediments to the growth of the Cloud and its wide adoption by both business and government in Australia.
The August 2013 issue of DLA Piper’s Technology and Sourcing News e-newsletter is available now.
Stephenson Harwood has released the August edition of its Data Protection Update, a monthly bulletin on key developments in data protection law.
Employee emails and the workplace download
In this article, Taylor Wessing discusses the tools open to employers seeking to manage internal and external employee interaction.
With the surge in social media use over the last few years, there has been an increase in the number of employment cases involving potentially offensive postings on social media sites by employees.
The 20 August 2013 Federal Register included a notice officially establishing the comment and reply cycle associated with FCC’s recently released notice of proposed rulemaking.
Despite the apparent sidelining of the draft Personal Data Protection Law, China has been very busy stepping up the battle against the abuse of personal data.
What you should know about electronic subscriptions and copyright law: a best-practices guide download
Increasingly, printed matter is being made available via the internet in electronic form and both publishers and readers are starting to prefer an online format over the printed hardcopy format.
Last year in a case called Carolyn Anderson v Domino’s Pizza Inc, a district court dismissed a claim filed under a state version of the federal Telephone Consumer Protection Act (TCPA).
Health plan pays for failing to erase data on leased equipment: two takeaways for companies handling electronic PHI download
The Office for Civil Rights has announced a settlement between the US Department of Health and Human Services and Affinity Health Plan, Inc.
‘Managing for Health and Safety’ is a new internet microsite published by the Health and Safety Executive (HSE) at the end of July.
The UK Information Commissioner’s Office (ICO) has issued a new Code of Practice on dealing with Subject Access Requests (Code).
The explosion in new generic top-level domains is likely to create an increase in the potential for ‘cyber-squatting’.
Contractual representations and warranties are often referred to as ‘reps and warranties’. The differences between the two concepts are often forgotten, but the distinction is important.
On 19 July, EU commissioner Viviane Reding stated that the European Commission will be reviewing its Safe Harbor Agreement with the US.
If French internet users have been caught unlawfully sharing and/or downloading copyrighted works on the internet, they will no longer be subject to disconnection/suspension of their internet access.
Lord Younger, in his capacity as intellectual property minister, has announced that a new IP police unit is to be created by September of this year.
The rise of social media, smartphones, tablets and apps creates new possibilities on an almost daily basis while posing social, economic and political questions.
Walker Morris advises Mobile Tornado on equity placing to raise £4m.
On Sunday, police in Manchester arrested a man in connection with a barrage of tweets sent to Caroline Criado-Perez, a feminist campaigner.
The Court of Milan has considered as an abuse of dominant position Ryanair’s refusal to grant access to its database and booking procedures to an online travel agency.
Article 101 of the Treaty on the Functioning of the European Union prohibits agreements that have as their object or effect, the prevention, restriction or distortion of competition within the EU.
The law surrounding defamation has always had a unique standing among civil proceedings in England and Wales.
The latest developments in the ongoing dispute between technology company Aereo and broadcasters.
Welcome to the July edition of Stephenson Harwood’s Data Protection Update, a monthly bulletin on key developments in data protection law.
The Court of Appeal has today handed down an important decision that concerns a patent for a synthetic copolymer known as copolymer-1.
From now on, any transfer of personal data from Germany to the US should be regarded unlawful under German data protection law. This was stated by the German data protection authorities in a press release issued on 24 July 2013.
The July 2013 issue of DLA Piper’s Technology and Sourcing News (UK) publication is available now.
Big Data has been dubbed by many as the ‘new economic asset’ of our age and of potentially significant value to business.
The Federal Communications Commission recently clarified whether parties on whose behalf telemarketing ‘robocalls’ are made may be liable for third-party violations of the Telephone Consumer Protection Act (TCPA).
E-commerce has seen tremendous growth in Vietnam in recent years, boosted by a high rate of mobile and internet penetration in the country and its young and tech-savvy population.
Like the UK economy, this quarter’s Technology Barometer is looking increasingly optimistic as we progress through 2013.
A recent case has highlighted the problems that can arise when a complex set of finance documents recording the respective rights and priorities of a group of lenders is amended.
Conyers Dill & Pearman has advised Luxoft Holding on its initial public offering (IPO) on the New York Stock Exchange.
NCTM Studio Legale Associato has assisted Primi sui Motori in the acquisition of a 51 per cent stake of 2ThePoint PSM and Crearevalore.
Luxembourg is the first European country to deal with the question of what happens to data in the event of a company being declared bankrupt.
DLA Piper’s Spotlight on Belgium publication provides an overview of current legal developments that may have an impact on business activities.
Our focus is on representation before courts and arbitration courts, enforcement of rulings, recovery of assets, alternative dispute resolution, intra-company investigations and defence of class actions.
The implementing decree regulating the online sale of medicines was published on 23 June 2013 and enters into force on 12 July 2013.
In Payam Tamiz v Google Inc, the Court of Appeal has delivered a judgment that gives rise to real concerns for blogging platform providers.
Software company Misys has named Simon Dowler as its new group general counsel, following the departure of Tom Kilroy earlier this year.
In this video, John Tracey, Umang Paw and Melissa Suek discuss what leading organisations are doing to manage their information as an asset
The draft EC data protection regulation proposes a number of changes to the EU data protection regime.
The European Commission now proposes a directive to cover take-down procedures and action relating to unlawful website content.
DLA Piper in Ukraine has been highly ranked in a number of sectors by legal magazine Gvardia.
Online briefing for private practice: understanding the key consideration in safeguarding your client’s information governance strategies. What are the options available? video
Recent actions by regulators highlight the need for better information governance and swift forensic investigation to safeguard not just finances but reputations as well as sense checking internal and external policies. Log in or register to watch this video from HP Autonomy.
US: A hitchhiker’s guide to technology, media and cultural innovation in the new frontier states of the American West download
More than Facebook, Twitter and Instagram, social media as a concept covers a diverse range of applications, techniques and issues.
Ogier has acted on the IPO of Luxoft Holding on the New York Stock Exchange.
From a blank screen to being in hundreds of thousands of homes in a year, YouView is a catch-up TV phenomenon, as proud legal boss Toni Vitale is keen to emphasise
Policymakers are increasing their focus on cyber threats on multiple fronts.
The advocate general says search engine service providers are intermediaries, rather than data controllers, in respect of personal data they process on third-party web pages.
A High Court patents judge has handed down his decision in the cases of HTC Corporation v Gemalto SA and HTC Corporation v Gemalto NV.
Shoosmiths partner Laurence Kaye was the guest speaker at one of Outsell’s regular leadership council meetings.
DLA Piper has advised on the £264m Step Change agreement, which is intended to deliver improvements in broadband services for Scotland.
A&L Goodbody has added to its presence in the US with the launch of a San Francisco office.
MOLITOR has announced three appointments.
National and community trademarks reform aims to foster innovation by making trademark registration systems all over the European Union more accessible.
Article 2(a) of the Copyright Directive requires member states to provide authors with the exclusive right to authorise or prohibit direct or indirect, temporary or permanent reproduction of their works by any means.
Public Procurement is one of our main specialties.
Our experience in this field covers legal aspects relating to the entire range of telecommunication services and technology.
The Cape Town Convention Bills have received Royal Assent.
What's up with apps in Hong Kong download
This review highlights the rising concern of data privacy enforcement authorities and the public on the collection and use of personal data by app providers.
The Supreme Court has changed the interplay between the national court and the EPO when considering a defendant’s liability to pay damages.
MOLITOR has announced the promotion of Claire Leonelli to partner.
Cloud security remains a key concern for SMEs and is still often cited as a chief impediment to moving to the cloud.
DLA Piper has released the June 2013 edition of its Technology and Sourcing News (UK).
Memery Crystal LLP is at the forefront of taking action to tackle false, malicious and often defamatory statements made online about listed companies and their directors.
Welcome to the June edition of Stephenson Harwood’s Data Protection Update, a monthly bulletin on key developments in data protection law.
Taylor Wessing has advised Electra Partners on the acquisition of mixing console manufacturer Allen & Heath from D&M Holdings.
The retail landscape of the UAE is rapidly changing. We now live in a world where we can shop for goods and services from the comfort of our own homes.
Managing your social media accounts download
Imagine you have a small business that is planning a major event at a sports venue and needs to utilise a variety of social media channels to publicise the event.
The Data Protection Act (DPA) contains an exemption for personal data that is processed by an individual for the purposes of his or her personal affairs.
The digital revolution has radically changed commerce, industry and government.
Field Fisher Waterhouse (FFW) has ratcheted up its City partner recruitment by hiring three lawyers from a trio of firms covering corporate, finance and tax.
The existing technology transfer block exemption is to expire on 30 April 2014. It will be replaced by a new regulation, the period of consultation for which ended on 17 May 2013.
With Google Glass creating interest in the media, attention is shifting to the possibility of a new generation of technology that is not just portable but wearable.
Antonio Bavasso, a partner in Allen & Overy’s global antitrust team, will co-chair the 2013 GCR Live Telecoms, Media and Technology event on 2 July.
Taxing multinationals, and the public accounts committee: is there a place for common sense? download
Many commentators remain uncomfortable that US multinationals with significant UK operations can legitimately claim not to be taxable in the UK.
3D printing technology is progressing forward in leaps and bounds and is evolving rapidly.
There is a fresh batch of content on Taylor Wessing’s Global Data Hub site, which provides insight and guidance on data protection issues.
The opening up of China’s telecommunications industry has failed to match the expectations of foreign investors going into WTO.
All websites must obtain user consent for the use of all cookies, as well as providing clear and comprehensive information about the cookies used.
In Overy v Paypal (Europe) Ltd, Mr Overy wanted to sell his home. He decided that he would make more money if he offered the house as a prize in a competition.
The Copyright and Rights in Databases Regulations 1997 came into force on 1 January 1998, implementing the EU Database Directive.
On 5 June 2013, the Australian Law Reform Commission released a discussion paper for its Copyright and the Digital Economy inquiry.
The subject related to the keeping of newspaper news in digital archives and to the respective data protection implications has made a comeback following a Court of Cassation ruling.
Financial technology developer Media Ingenuity has snapped up in-house IT and IP specialist Melin Tarafdar from JPMorgan Chase as its new general counsel.
The expansion of the list of available gTLDs is a hot topic within the legal and branding communities.
Walker Morris has been appointed to the West Yorkshire Legal Services Framework.
The GAPP and the SARFT will be merged into a single body, to be known as the State Administration of Press, Publication, Radio, Film and Television, or SAPPRFT.
This month, Taylor Wessing’s Download site focuses on a converging media landscape and the challenges of regulating that landscape.
Google’s ‘auto-complete’ facility has been subject to worldwide criticism over the last few years and most recently has found itself the subject of scrutiny in Germany’s federal court.
DLA Piper has released the May 2013 edition of Technology and Sourcing News.
Warranties: how far do they extend? download
In the recent case of Belfairs Management Ltd v Sutherland, the Court of Appeal examined how far the scope of a warranty may extend.
Addleshaw Goddard has released its Data and Information E-Alert dated 30 May 2013.
Welcome to the May edition of Stephenson Harwood’s Data Protection Update, a monthly bulletin on key developments in data protection law.
Addleshaw Goddard has released a Data and Information E-Alert dated 23 May 2013.
Draft law from the Luxembourg government should make the country a venue of choice for data centres and e-archiving.
The Court of Appeal has confirmed that the English court has cross-border non-infringement jurisdiction.
Addleshaw Goddard has released its Data and Information E-Alert dated 14 May 2013.
Simpson Thacher & Bartlett has taken a lead advisory role alongside Silicon Valley firm Gunderson Dettmer Stough Villeneuve Franklin & Hachigian on Yahoo!’s acquisition of blogging site Tumblr for $1.1bn in cash.
Taylor Wessing has released the May 2013 edition of its Cambridge Technology and Life Sciences Update.
Taylor Wessing has advised on a deal that will secure the long-term future of the former Olympic press and broadcast centre.
Walker Morris has advised Branded3’s co-founders on its acquisition by St Ives plc.
Figures released by the Office of the Head of International Family Justice for England and Wales reveal a 40 per cent increase in the number of international family disputes handled in the last year.
Taylor Wessing has added a fresh batch of data-protection-focused content to its Global Data Hub site.
The Information Commissioner’s Office (ICO) has published new guidance on ‘bring your own device’.
The latest edition of DLA Piper’s Intellectual Property and Technology News (EMEA) is now available.
The Saudi Arabian trademarks office has issued a circular stating that it will now only receive new applications electronically.
In this article, Al Tamimi outlines Federal Law No. 5 of 2012 concerning the combating of information technology crimes.
Taylor Wessing’s review of the technology market.
The first industrial revolution lasted for 80–100 years. The pace of change today encourages us to believe that the second industrial revolution will be completed at much greater speed.
Apps are not new, but the way businesses are monitising them is evolving rapidly, and developing models brings legal and brand challenges.
The 3 May 2013 edition of Addleshaw Goddard’s Data & Information E-Alerts publication is available now.
On 2 April 2013, the European Union Article 29 Working Party issued an opinion that will have important ramifications for all those involved in processing personal data in the EU.
Judgment of the UK Court of Appeal in the patent case HTC v Apple (Case nos. A3/2012/2043 and 2044) has been delivered.
The May 2013 issue of DLA Piper’s Sports, Media and Entertainment Intelligence briefing is available now.
The April 2013 edition of DLA Piper’s Technology and Sourcing News (UK) briefing is available now.
This month’s issue focuses on the new Defamation Act 2013 and the Supreme Court’s view on browsing the internet without permission from the relevant copyright holder.
The creation of applications offering intuitive user-driven data analysis focused on providing efficient and cost-effective client management are the primary goals for most law firms today.
Paul Steadman and Matthew Satchwell have joined DLA Piper’s intellectual property and technology practice in Chicago.
Brazil lowers requirements for 90-day visas for technology transfer and technical assistance download
Brazil has lowered the requirements to obtain a 90-day temporary visa for workers entering the country to provide technical assistance and to transfer technology.
Remote-access computing services, whereby software applications and more are made available to clients as a service, are becoming increasingly popular.
Addleshaw Goddard’s latest Data & Information E-Alert is available now. Topics include cyber security and freedom of information.
Hogan Lovells and Simpson Thacher & Bartlett have advised on Apple’s $17bn (£10.9bn) bond issue, described as the largest corporate bond offering in history.
The IT industry has seen a rapid move towards ‘virtualisation’, the benefits of which should be considered in light of the security risks applicable to using virtual products and/or services.
Welcome to Stephenson Harwood’s latest Data Protection Update summarising recent key developments.
Welcome to Stephenson Harwood’s latest Data Protection Update, summarising some of the key developments over the last month.
Shearman & Sterling and Simpson Thacher & Bartlett have played key roles on Chinese internet giant Sina Corporation’s sale of a stake in the country’s Twitter-like site Weibo.
Law à la Mode: Issue 9 — Spring 2013 download
Issue 9 of DLA Piper’s Law à la Mode publication is available now.
Conyers Dill & Pearman has advised companies controlled by Viatcheslav Mirilashvili and Lev Leviev on the sale of an indirect 48 per cent interest in VK.com to United Capital Partners.
Hogan Lovells partner Harriet Pearson has advocated for cybersecurity voluntary codes of conduct before a congressional committee.
The ECHR has rejected, as inadmissible, an appeal from the two founders of Pirate Bay — one of the world’s largest file-sharing web platforms.
The government has launched a consultation on whether NHS organisations should be made subject to compulsory data protection audits.
The Electronic Signature & Electronic Transactions Law No. 78 of 2012 was approved by Iraq’s Presidential Council on 18 October 2012.
xThe FERC has issued a notice of proposed rulemaking to approve, subject to certain modifications, Version 5 of the CIP Standards proposed by the NERC.
Addleshaw Goddard has released the 19 April 2013 edition of its Data & Information E-Alerts.
Business secretary Vince Cable has opened Mills & Reeve’s new Cambridge office.
In UsedSoft GmbH vs Oracle International Corp (C-128/11), the ECJ ruled that the principle of ‘exhaustion of rights’ applies to the DTO software market.
Olswang has acted for the shareholders of MergerID on the completed disposal to NYSE-quoted Intralinks Holdings.
Data and Information E-Alert download
Addleshaw Goddard has released a Data and Information E-Alert.
How you approach the issue of BYOD depends on the nature of your business, whether the practice offers you any real benefits and your IT budget and capabilities.
King & Wood Mallesons has released its April 2013 edition of its Information Technology Update.
The SEC has issued new guidance permitting companies to use social media such as Facebook and Twitter to disclose material information provided that investors are first alerted to the sites that will be used.
Taylor Wessing has announced that it has appointed Mark Owen to its international technology, media and telecommunications (TMT) group.
Karanovic & Nikolic helps organise business breakfast on ‘The New World of Work’.
Young, dynamic industries such as the technology sector have perhaps felt rather smug that they are not embroiled in the complexities that surround pension provision.
Incentivising performance in an IT contract requires a panoply of commercial and contractual incentives and sanctions.
Eversheds and Osborne Clarke (OC) have taken the lead UK roles on networking giant Cisco’s $310m (£205m) acquisition of Swindon-based technology group Ubiquisys.
This issue of Radar looks at privacy issues with apps on smart devices in the context of a recent Article 29 Working Party Opinion.
This month, Taylor Wessing’s Download site focuses on the topic of 3D printing.
With an increasingly mobile workforce, the practice of bringing your own device (BYOD) is already a fact of life for many businesses.
Bird & Bird has sealed a cooperation agreement with Australian TMT firm Truman Hoyle in a bid to strengthen its capacity in the Asia Pacific region.
Luxembourg legal update — March 2013 download
Arendt & Medernach has released its Luxembourg legal update for March 2013.
The ground-breaking reform of rules for electronic archiving.
This handbook sets out an overview of the applicable privacy and data protection laws and regulations across 63 different jurisdictions to start you on your way through this complex area of compliance.
Olswang has been recognised by Chambers & Partners in its 2013 Global edition.
Olswang has announced that 28 of its attorneys have been recognised by Thomson Reuters in its 2013 London Super Lawyers and Rising Stars lists. Partner Eleni Skordaki has also been listed in the Top 50 Women in London.
Freshfields Bruckhaus Deringer is set to amalgamate its IP and IT practice into its corporate and disputes groups.
Are your information management systems helping or hindering best practice in your in-house legal team? download
How does your current management of key information compare?
Are covert recordings admissable? download
The EAT has reaffirmed that, whilst distasteful, covert recordings are admissible as evidence in an Employment Tribunal and the way in which they are made does not alter that.
King & Wood Mallesons has advised Melbourne IT on the sale of its Digital Brand Services division to Corporation Services Company for AUD152.5m.
Shoosmiths looks at what any customer entering an agile project should do to ensure that it is geared up to implement such a project and that the documents governing the project adequately protect its position.
Implications of the EC’s draft data protection package.
On 30 and 31 January 2013, the Chinese State Administration for Industry and Commerce (SAIC) posted a press release and a brief question-and-answer protocol (Q&A) on its website to inform of a recent enforcement action.
Cybersecurity is emerging as an area of particular concern for all US federal government contractors, as well as contractors working on non-US public procurements.
Hogan Lovells has advised IT company 2e2 on the sale of its European businesses to Logicalis Group for €24m in cash.
Focusing on the Asia Pacific region, we discuss some of the key issues to consider when taking your business online.
Rights in data handbook: Protecting and exploiting IP in data and databases internationally download
The value of data and databases to business is undeniable and continues to increase.
Not a day passes without news of a data breach or cyber attack on a company’s operations or a nation’s critical information infrastructure.
Taylor Wessing has published its Radar: Technology and Communications Update for March 2013.
In part one of this guide, Shoosmiths provides an overview of the agile development process.
Serbian Data Protection Authority issues its second-ever approval for the transfer of personal data out of Serbia.
Former Lawrence Graham (LG) technology partner Peter Brudenall has joined the Abu Dhabi Investment Authority (ADIA) in its in-house legal team.
Welcome to the February edition of Stephenson Harwood’s Data Protection Update, a regular bulletin on key developments in data protection and privacy law.
The European Commission has launched a consultation on its proposal for revisions to the Technology Transfer Block Exemption and the Technology Transfer Guidelines.
The EU has proposed new measures on cyber attack reporting.
Businesses must be alive to cybersquatting.
Olswang’s Madrid team reports on the Spanish Data Protection Authority’s recent ruling on Google’s autocomplete function.
Amazon is carrying out an overhaul of its external legal advisers in Europe that will see it launch a formal panel in the region for the first time.
At a recent Shoosmiths event, lawyers shared practical experience of the risks and potential remedies associated with the insolvency of IT suppliers.
The Decision on Strengthening Network Information Protection was promulgated by the Standing Committee of the National People’s Congress and came into effect on 28 December 2012.
Social media legal issues — part one download
In this article, part one of a two-part series, we look at some general risks associated with the use of social media.
EU releases cybersecurity strategy download
The EU Commission has published its proposal for a European cybersecurity strategy, together with a draft directive for consideration by the EU Parliament.
MOLITOR launched its intellectual property, information technology and media practice group in 2007.
This alert provides a preliminary assessment of the cybersecurity executive order and observations that may be helpful in considering how new standards may affect your company.
Employers must ensure they comply with Data Protection Act obligations when using social media.
Facebook has been again subject to an order by the regulator of Schleswig-Holstein.
OC has recruited Stephenson Harwood commercial and outsourcing partner John Buyers in the latest hire into its City base.
Curtis counsels investors, start-ups and established global corporations in sectors as diverse as software, hardware, electronic media, nanotechnology, clean technology, biotechnology, renewable energy and life sciences.
Digital TV provider YouView has turned to Virgin Media for its new head of legal, pulling in Virgin’s assistant general counsel Toni Vitale for the chief role.
Scraping the data barrel download
Everyone thinks they know what data is. But data is a very difficult concept to capture in terms of legal status.
Debevoise & Plimpton, Hogan Lovells, Simpson Thacher & Bartlett and Wachtell Lipton Rosen & Katz have taken advisory roles on the $24.4bn (£15.5bn) leveraged buyout (LBO) of Dell, reported to be the biggest take-private since the financial crisis.
FTC announces important settlement with social networking app and releases new mobile app report download
The FTC announced a potentially groundbreaking settlement with the social networking app Path and released an important new staff report on Mobile Privacy Disclosures late last week.
Data protection presents both rights and obligations. We assist our clients in upholding and adhering to both.
Taylor Wessing’s team of specialist IT and telecommunications lawyers carries out standalone technology and telecommunications work for a diverse mix of clients.
Shoosmiths’ data protection team has a wealth of experience advising clients on data protection compliance issues and broader privacy laws.
Recent development in digital technology has rendered the borders between telecommunication, media and technology obsolete.
One bank employee is going to be on Santa’s naughty list this year after a court found her guilty of data protection offences earlier this month.
From 4 February 2013, organisations using targeting advertising online - known as ‘online behavioural advertising’ (OBA) - will be required to tell web users about their use of OBA and allow them to opt-out of having their data collected and used for OBA.
A 2012 case shows how easy it can be to fall short of obligations imposed by the Data Protection Act.
Since 26 May 2012 most web site operators must now ensure that they obtain the consent of anyone visiting their website before placing cookies on the visitor’s computer.
The Olswang partner who advised News International against allegations of phone-hacking is advising a group of Apple users who claim that Google secretly tracked their browsing habits between September 2011 and February 2012.
Welcome clarity on online sales in China for foreign investors from an unexpected source but uncertainty remains for the VIE structure download
With a netizenship of over 500 million users and potential for further increases considering its population and demographics, China’s online sales market has become too big for international businesses to ignore.
The Leveson Report: Data protection proposals will have a significant impact on journalism and the enforcement of data protection law download
There has been much debate since the publication of Lord Leveson’s Report on the culture, practices and ethics of the press as to the role of a future regulatory framework governing its activities.
Against a backdrop of gradually improving growth and employment across the UK, but a stormy outlook in much of the Eurozone, this quarter’s edition of the Taylor Wessing Technology Barometer is a positive read.
In this bleakest of economic mid-winters it is heartening to warm ourselves with the knowledge that the technology sector continues to out-perform the rest of the market.
Despite the ongoing economic gloom and latest official figures showing the economy has fallen by another 0.7% between April and June, this quarter’s edition of the Taylor Wessing Technology Barometer continues to be a good news story.
The Patent Box download
The UK Government has been keen to improve the UK’s competitiveness in the high-tech arena. This was largely motivated by a string of departures of UK headquartered multinationals from the UK.
The action Lord McAlpine is reportedly taking against Twitter users for falsely suggesting he was involved in child sex abuse reveals a number of “myths” about the legal responsibility in England for false and defamatory tweets and other statements on social media.
Welcome to the first edition of Stephenson Harwood’s Data Protection Update, a regular bulletin on key data protection developments.
Last month the President His Highness Shaikh Khalifa Bin Zayed Al Nahyan issued Federal Law No. 5 of 2012 (“New Cyber Crime Law”) a comprehensive piece of legislation on combating cyber crimes.
The Dubai International Financial Centre , a financial services free zone located in the Emirate of Dubai, has its own ‘European style’ data protection law, applicable in the jurisdiction of the DIFC.
Legal issues in cloud computing download
Remote access computing services, whereby software applications, databases, data storage, network configuration and programming tools are made available to clients as a service, are becoming increasingly popular.
Software companies cannot prevent the sale of “second-hand” software licences, where those licences are for a one-off fee and an unlimited period.
An analysis of the SAS Institute Inc v World Programming Ltd case, and its implications for European copyright law in software.
UK Information Commissioner’s Office opens public consultation on changes to data protection notifications download
The UK data protection regulator, the Information Commissioner’s Office (ICO) has opened a consultation on proposed changes to the data protection notification process.
The International Association of Privacy Professionals (IAPP) held its first European Data Protection Intensive conference on 25–26 April 2012.
The Court of Justice of the European Union has handed down its keenly awaited judgment in SAS Institute Inc. v World Programming Ltd.
US firms Fenwick & West and O’Melveny & Myers and Israel’s Herzog Fox & Neeman have landed roles as Cisco acquires Israeli software maker Intucell for an estimated $475m (£300m).
Tim Ross (scroll down for video interview) had no small task when he became Kelway’s first-ever lawyer in 2010.
In our latest Hot 100 video Misys general counsel Tom Kilroy talks about becoming acting CEO of the business and the challenges that entailed
Privacy and data protection continue to be an exploding area of focus for regulators in the United States and beyond.
On 28 December 2012, the Standing Committee of the National People’s Congress, China’s legislature, weighed in on the subject of data privacy with its promulgation of the Decision on Reinforcing the Protection of Network Information.
White & Case and WilmerHale have scooped the lead roles as Sberbank forms a joint venture with Russian search engine Yandex, a deal that kickstarts the two companies’ plans for a new online payment service.
Siemens has given new panel places to Eversheds and Osborne Clarke as the engineering and technology group completes a major slimming-down of its UK legal roster.
EMW, Morgan Cole and Shoosmiths have all won headline roles as WestBridge Capital backs the £6m management buyout (MBO) of Cambridge-based Anglia Business Solutions in return for a 43 per cent stake in the business.
On 28 December 2012, China’s national legislature enacted a new law to further regulate the collection and use of online personal information and to require certain network service providers to implement real name registration for all users.
Field Fisher Waterhouse (FFW) and Mayer Brown have won roles advising on a deal that sees Russian billionaire Roman Abramovich invest £4.3m in a small gas-to-liquids technology company.
In a pending False Claims Act case involving allegations of noncompliance with the federal physician self-referral law, the US District Court for the Middle District of Florida has issued a recent order denying the protection of attorney-client privilege.
At the end of 2012, the Standing Committee of the National People’s Congress in China adopted the Decision on Strengthening Protection of Online Information.
Clifford Chance has been instructed by Autonomy founder Mike Lynch amid allegations of accounting irregularities prior to the UK software group’s takeover by Hewlett-Packard (HP) last year.
In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we examine why social media marketing strategies should be concerned with clearing more than just copyrights.
Edwards Wildman’s London office and US firm Carr & Ferrell have won roles advising as technology startup Swoop kicks off a process to raise $5m (£3.1m).
DLA Piper and Freshfields Bruckhaus Deringer are set to share an estimated £775,000 in legal fees after winning advisory roles on British Telecommunications’ (BT) acquisition of IT services company Tikit.
The European Commission has issued a Communication setting out a road map for the future growth of cloud computing in Europe.
Osborne Clarke has turned to digital TV provider YouView for a hire in its digital business group, bringing aboard legal chief John Davidson-Kelly.
Tim Ross, GC at trendy and fast-growing IT supplier Kelway, says legal life is getting interesting as the company expands abroad
SNR Denton has added to its London technology and outsourcing practice with the hire of Field Fisher Waterhouse (FFW) partner Andrew Lucas, a specialist in public procurement.
CIS legal update — September 2012 download
An update on developments in the CIS countries, including the Russian government’s tightening of control over strategic industries and cyberspace, changes to summary proceedings in Russian commercial courts and more.
Olswang has boosted its technology and outsourcing offering with the hire of a technology partner each for its London and Singapore offices.
On 19 September Senator John D. (Jay) Rockefeller IV (D-WV), chairman of the Senate Committee on Commerce, Science and Transportation, sent a letter to the CEOs of all Fortune 500 companies seeking their input on the nation’s cybersecurity needs.
A paperless environment is the ideal, but how realistic a proposition is it?In association with:
At an open meeting held on 22 August 2012, the Securities and Exchange Commission voted to approve final rules regarding disclosure and reporting requirements with respect to the use of “conflict minerals” to implement Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Predictive coding, also known as automated review, represents an evolving technology that provides litigants with a computer-assisted alternative to manual review of large document sets.
The US Securities and Exchange Commission’s (SEC) conflict mineral rules, adopted in August 2012, present hard questions for public companies, which must evaluate whether they are covered by the rules, and, if so, make inquiry into the origin of the minerals used in their products.
Field Fisher Waterhouse (FFW) has launched a representative office in Silicon Valley in a bid to clinch work originating in the Californian technology hub.
Cravath Swaine & Moore and Pepper Hamilton have taken the helm as IBM acquired human resources management company Kenexa for $1.3bn (£820m) to boost its cloud-based software offering.
Informal commentary offers contextual perspective on current matters and indicates areas of less current significance at the SEC.
Clifford Chance, Duane Morris and Freshfields Bruckhaus Deringer joined Austrian firm Schoenherr advising on Swedish private equity outfit EQT Partners’ $270m (£172m) acquisition of IT company UC4 Software from the Carlyle Group.
On 3 July 2012, the Court of Justice of the European Union released its much-anticipated ruling in UsedSoft GmbH v Oracle International Corp.
Clifford Chance has been instructed by the Royal Bank of Scotland (RBS) to carry out a review into a computer failure that left customers without access to information about their accounts.
Google is being advised by Bristows over its admission that it did not delete users’ personal data that was gathered during its Street View research.
Fenwick & West and Gunderson Dettmer have landed roles on Cisco’s acquisition of cloud security startup Virtuata.
Technology giant Apple must run a series of adverts in the national press alerting consumers that its rival, Samsung, did not copy the iPad, the High Court has ordered.
Paul Hastings, Slaughter and May and Wilson Sonsini Goodrich & Rosati have secured roles for longstanding clients on Samsung Electronics’ $310m (£198m) acquisition of UK chipmaker CSR’s mobile technology development business.
E-disclosure is a key but transforming tool in modern litigation, argue litigators
Yesterday in a criminal case, United States v Hamilton, 2012 WL 6000731, the US Court of Appeals for the Fourth Circuit held that emails the defendant sent to his wife over his employer’s email system were properly admitted as evidence against him.
Freshfields Bruckhaus Deringer has been defeated for the second time in a week after the High Court ruled that Samsung’s Galaxy tablets do not look “cool” enough to be mistaken for an Apple iPad.
Cloud computing continues to be an area of significant interest and investment for many companies.
UK cookie rules: are you compliant? download
The UK Information Commissioners’ Office 12-month grace period for enforcing compliance with the new cookie consent rules has now expired.
The English High Court has recently allowed a commercial claim to be served on a defendant via Facebook and in the process has demonstrated that even the senior courts are willing to take advantage of the offerings of modern technology.
Internet service providers have frequently been caught in the cross-fire in defamation claims, with claimants increasingly targeting them to get comments removed quickly.
History is littered with examples of the law being slow to catch up with the use of technology. Social media is no exception.
Consent is now needed to most uses of cookies by UK-based websites.
EU regulations on website cookies download
IT services are all about the cloud these days, but what’s the attraction and what are the legal risks?
Taylor Wessing has hired Herbert Smith technology partner Christopher Rees.
Federal agencies and Congress accelerate defence against cyber attacks — every private company will be affected download
Cyber attacks by both private actors and nation states against US critical infrastructure and individual communications users are on the rise.
Federal agencies and Congress accelerate defence against cyber attacks — every private company will be affected download
Online espionage has become a common threat for US corporations.
Automated tools, frequently referred to as spiders, bots and screen scrapers, may be crawling your company website.
The general counsel of FTSE 250 listed software company Misys has been made acting chief executive officer following the resignation of the present chief.
The Lawyer Roundtable ‘From Process to Profit’, in association with Thomson Reuters FloSuite Legal.
Clifford Chance has beamed itself into the intergalactic market by winning a role on the establishment of an organisation that could help uncover secrets about life beyond Earth.
Security tops users’ concerns when it comes to cloud computing. Nick Coleman outlines the methods for making systems secure
Despite its advantages cloud computing has been slow to catch on, due mainly to the legal risks to users, suggests Adam Mitton
Business Secretary Vince Cable announced recently what we have known for a while: “There is a serious problem with lending to good, small companies”. It is a catch 22: the Government sees entrepreneurship as essential to longer-term economic recovery, but the funding is not available to facilitate this.
Former Wragge & Co senior partner John Crabtree has joined niche corporate and technology firm White & Black as chairman.
Understanding local customs is crucial to the success of cross-border e-disclosure exercises, say Alex Dunstan-Lee and Kathy Taylor
The prevalence of electronic documents means those involved in the disclosure process need to employ the latest technological techniques, says Phil Beckett
In this technologically driven age forensic accountants use a wide variety of tools to mine relevant data from the digital mountain. William Wilkinson reports
Alderney remains at the forefront of innovation and execution for e-gaming. Mark Dunster and Richard Field examine the industry’s rapidly evolving international appeal
In our report ‘e-Disclosure 2020: creating a strategic framework for the future’ we find that organisations and their law firms have often taken tactical, reactive and ineffective approaches to electronic disclosure.
Pinsent Masons legal director Struan Robertson is leaving the firm later this month to join Google’s legal team as product counsel as the internet giant continues its recruitment drive in London.
?Cambridge law firm Taylor Vinters has formed an alliance with Singapore technology specialist firm Keystone Law Corporation. The move comes shortly after the former’s London launch on 1 June. Taylor Vinters also has a relationship with another Singaporean firm, Engelin Teh Practice, which handles the firm’s litigation and arbitration issues in the country. According to Taylor Vinters chief executive ...
Field Fisher Waterhouse (FFW) has advised the seller in the largest reported internet domain name sale of 2010.
Global management consultancy and outsourcing and technology company Accenture is preparing to overhaul its legal roster.
Field Fisher Waterhouse (FFW) has been assured that the Government’s plan to scrap the controversial ID cards scheme will not see it lose out on its work on the project.
Matthew Arnold & Baldwin (MAB) and McGrigors have advised on an agreement between supermarket giant Asda and price comparison website mysupermarket.co.uk.
Technology boutique Kemp Little has bolstered its IT capabilities with the hire of two senior lawyers from Barlow Lyde & Gilbert (BLG).
Bristows has made its second raid in three months on technology rival Bird & Bird, hiring IT partner Hazel Grant.
SJ Berwin partner David Meredith has completed a $2bn (£1.25bn) outsourcing deal for communications company Sita, a client he won while at former firm Kemp Little.
Linklaters’ global head of technology, media and telecoms (TMT) and IP has left the firm to take up roles with Bird & Bird and Chinese healthcare group Sinocare.
West End firm Mishcon de Reya is ploughing investment into its IP business in a bid to expand the practice into trademark filing work.
The English High Court is soon expected to issue a ruling on a complex and long-running dispute arising out of an IT services contract between BSkyB and EDS.
When it comes to intellectual property disputes, going down the litigation route isn’t always the best option. Gary Fern argues that protecting patents is best done through arbitration
Norfolk-based Steeles Law has been retained by Formula 1 chief Max Mosley as he launches libel proceedings against the News of the World.
Lovells has advised on the ParalympicsGB on the intellectual property issues on its new TV advertising campaign featuring Sir Paul McCartney.
The Scottish father who owns the narnia.mobi domain name insists that it was a present for his 11-year-old son despite the fact that he owns 78 other domain names.
Davenport Lyons won a favourable decision from the Advertising Standards Authority (ASA) for its client, Bond Street suit maker Sartoriani, allowing it to advertise its suits as "bespoke" even though they have not been made on Savile Row.
A couple from Edinburgh being threatened with a law suit by Baker & McKenzie over their son’s 11th birthday present has received offers of Pro Bono advice from three law firms, The Lawyer can reveal.
Litigation boutique SimmonsCooperAndrew will cross light sabres with Harbottle & Lewis in a High Court battle of galactic proportions over who owns the IP rights to the stormtrooper costumes from the Star Wars films.
Field Fisher Waterhouse (FFW) has scored a winning role for Carling Cup winners Tottenham Hotspur, advising on the club's crackdown on counterfeit goods being sold over the internet.
Wragges triumphs as Appeal Court ends Cinpres patent saga" / One of the country's longest-running patent cases has ended with a Court of Appeal victory going to the IP team at Wragge & Co, after 12 years of bitter courtroom battles.
Technology boutique Kemp Little has helped to improve mobile phone coverage for people on the T-Mobile network, advising the company on an outsourcing agreement with Ericsson.
IP practitioners will need to update their textbooks on trademark and design rights after the Court of Appeal handed down two judgments within a week.
Eversheds has won a crucial IP dispute for chemicals company Dupont against packaging giant Smurfit.
The outsourcing team at Pinsent Masons has raised its public sector profile by advising the Cabinet Office on a framework contract for sharing IT services.
Marks & Clerk Solicitors won a last-minute injunction against Channel 4 for client Miss World Limited, forcing the broadcaster to change the name of its Mr Miss World show.
Bristows, Taylor Wessing alumni spirit away human genome case" /Two of the biggest names in IP, Bristows and Taylor Wessing, have missed out on the UK's first-ever human genome patent litigation after the loss of key litigation ...
The infringement of IP rights is set to become a criminal offence after the European Parliament's legal affairs committee backed a directive to harmonise EU criminal laws.
The High Court has dealt a blow to companies looking to patent software-related inventions after rejecting Bloomberg's bid to patent a computer program.
Media behemoth Viacom has instructed East Coast litigation specialists Jenner & Block to handle its $1bn copyright case against video site YouTube.
Wragges IP chief departs to join Marks & Clerk Solicitors" /Wragge & Co’s head of IP Gregor Grant has quit the Birmingham-based outfit for Marks & Clerk Solicitors, the associated law firm of the world’s largest firm of patent and trademark attorneys.
Recently-merged Anglo-American firm Kirkpatrick & Lockhart Nicholson Graham is the latest to profit from the demise of Boston technology and venture capital powerhouse Testa Hurwitz & Thibeault.
Hammonds’ beleagured IP and construction practices have suffered another blow with the departure of three more partners.
Simmons & Simmons won out over Nabarro Nathanson to advise HMV on its first major deal since completing its panel review in mid-2004.IT partner Michael Sinclair led the Simmons team advising the leading music retailer on its new music download contract with Microsoft.
2004 saw Lord Hoffmann do a U-turn on his Improver patent yardstick. Will it make patent law any easier to interpret? By Stephen Jones
The Eleven departing Denton Wilde Sapte (DWS) media and IP partners have been cleared to vote in the forthcoming management elections after the firm went to counsel to clarify its position.
Hallmark IP has recruited Olswang’s former head of trademark filing and prosecution, Vivienne Coleman, as the first step on its road to becoming a multidisciplinary IP practice.
Morrison & Foerster’s raid on Shaw Pittman, first reported in The Lawyer last week, was the third eye-catching move into outsourcing by a US firm in the space of a year.
Australian and Indian law firms have emerged as unlikely targets for DLA ahead of this Saturday’s (4 December) vote on the merger with Chicago’s Piper Rudnick.
Dutch M&A heavyweight Stibbe is to restructure its IP department and exit patent law following the departure of partners Jan Brinkhof and Kurt Stöpetie.
IP boutique Rouse & Co has lost Burger King as a client but hired one of the fast food chain’s trademark attorneys.
The London office of Morgan Lewis & Bockius has scored a double coup after recruiting the former head of Norton Rose’s IP/IT group as well as the general counsel from client Cantor Fitzgerald International. Richard Barratt joins the US firm as a partner from Norton Rose, where he was global head of IP and IT before a recent restructuring of the department. Former client Robert Falkner was general counsel ...
Leading Dublin firm Matheson Ormsby Prentice has expanded its IP team with the recruitment of Alistair Payne from rated Australian firm Corrs Chambers Westgarth.
US-based firm Morrison & Foerster’s (MoFo) efforts for London charity Choices 4 All has led to the firm employing an office junior with learning disabilities, an unlooked-for benefit of providing pro bono IP protection advice.
DWS’s TMT practice left with skeleton crew; defectors cite lack of investment as reason for exodus. By Joanne O’Connor
Nicholson Graham & Jones’s merger partner Kirkpatrick & Lockhart has shaken up its San Francisco management. It has appointed IP specialist Deborah Bailey-Wells as administrative partner, taking over from Peter Sheats. Bailey-Wells will also become a member of the firm’s management committee. First revealed on www.thelawyer.com 28 September
DLA’s international association DLA Group is expanding its presence in Eastern Europe after securing its first Polish member.
Shearman & Sterling is forging ahead with its Californian recruitment drive after scooping its second lateral in less than a month. IP litigation partner Brian Cannon leaves Fish & Neave for Shearman. He will rejoin former colleague Vicki Veenker who left Fish & Neave four years ago to establish Shearman’s IP group at Menlo Park.
Norton Rose may be on the verge of losing its entire Cologne office as its partners accelerate talks with CMS Hasche Sigle.
Kilpatrick Stockton is forging ahead with its aggressive UK recruitment drive after taking on a former Clifford Chance partner. Mary O’Connor, formerly an arbitration partner at the magic circle firm, will become a partner in the litigation department at the Atlanta firm’s London office. Just over a month ago, Kilpatrick scooped two senior IP partners from Simmons & Simmons. Its London head of IP ...
Linklaters Madrid has strengthened its M&A and private equity practice with the hires of two associates from magic circle rivals. Alexander Kolb arrives from Clifford Chance’s corporate department, where he has worked since 1999, while Victor Manchado joins after five years at
Ireland continues to be a jurisdiction of choice for companies wishing to establish a European base. Alistair Payne reports on managing IP in Ireland
Clifford Chance has lost its last Düsseldorf IP partner Christian Osterrieth to embryonic German IP boutique Reimann Osterrieth Kohler Haft.
Cobbetts has bolstered its IP, information, communications and technology and media teams with the hire of two solicitors for its Manchester office. Laura Harper arrives after a five-year stint at Pannone & Partners, while Sonia Luthra joins the top 50 firm from DWF Solicitors.
International competition law and trade practices firm Stanbrook & Hooper has re-appointed a former partner of the firm to boost is competition and intellectual property expertise.
Former International Olympic Committee (IOC) president Juan Antonio Samaranch declared the Sydney Olympics “the best Games ever”. Could the Athens Games rise to this challenge? The Greeks certainly had a tough act to follow and the doom-merchants had a great time cataloguing the problems facing the organisers, but by the closing ceremony the praise was all but unanimous: the Greeks ...
No sooner had the British Olympic Association’s (BOA) head of legal affairs Sara Friend stepped off the plane from Athens, than she was back in the office working on the London 2012 bid and demanding legislative change.
Hogarth Chambers has merged with 19 Old Buildings to form the bar’s largest IP set.
A former City lawyer is heading the legal team at Capital One, a company that markets itself as ‘fun’. Jodi Bartle goes looking for a laugh
US firm Pillsbury Winthrop has scooped the co-chair of IP at Mintz Levin Cohn Ferris Glovsky and Popeo and his eight-strong team for its Northern Virginia office.
Simmons & Simmons has been hit with the double loss of its London and New York IP heads to Kilpatrick Stockton.
Tech company latest to adopt one-firm partnering scheme pioneered by DuPont
IP boutique Willoughby & Partners last week found itself at the centre of the Orange-EasyGroup spat over the use of the colour orange in EasyMobile’s trademark.
Jones Day is helping two of its former IP partners to launch their own practice by offering them rent-free space in the firm’s London office.
Elvis Presley’s That’s All Right recently made the top three in the UK singles chart on the 50th anniversary of its first release. This anniversary also has major implications for the copyright in the sound recording of the track; it will expire on 31 December 2004. From 1 January 2005, third parties will be able to press and sell copies of this recording without infringing copyright.
The commonly held idea that perfumes, recipes and other formulae are the mere sum of their ingredients, and are therefore not protected under copyright law, was recently rejected by the Court of Appeal of Den Bosch in the Netherlands. In a groundbreaking decision, the court ruled that Lancôme’s perfume ‘Trésor’ was copyright-protected. Physicochemical analysis and the laws of probability ...
King & Spalding’s fledgling New York patent litigation group has welcomed a partner from Kenyon & Kenyon. Robert Perry, who was also a member of Kenyon & Kenyon’s management committee group, will bring the number of fee-earners in King & Spalding’s New York-based group to 11, including four partners. King & Spalding set up the practice area in May, bumping up the firm-wide lawyers and patent agents based throughout Atlanta and New York to 60 experts.
The Nordic telecoms market continues to be particularly mobile. Henrik Nilsson provides the lowdown
Langleys Solicitors has appointed a new partner to bolster its commercial team. Andrew Argyle has joined the firm’s Lincoln office, where he will specialise in commercial litigation. Argyle arrives from Birmingham firm Shakespeares, where he was a partner in the commercial litigation department.
From pharma to logistics to the Tube, Innovision’s microchips are leading the way towards a more coherent future. Alex Wade gives the lowdown
Legacy Gouldens IP stalwart Charters Macdonald-Brown has left Jones Day to set up his own practice. Macdonald-Brown, who was head of IP at Gouldens since 1977, which then merged with the US’s Jones Day last year, left the firm last Wednesday (30 June) and started up his new specialist IP practice, entitled Redd, the following day. Joining Macdonald-Brown is partner Simon Chalkley and associate Sara Ashby, ...
Thames Valley firm Pitmans has appointed a new senior solicitor to its defendant personal injury team. Alan Davies joins from Merriman White, a firm based in London and Guildford. Davies was previously a partner at Gregory Rowcliffe & Milners and Edward Lewis in London and specialises in insurance litigation.
Chicago-based law firm Jenner & Block has merged with IP litigation boutique Roper & Quigg. Roper’s founding partner Harry Roper will lead Jenner’s IP and technology team. Seven other lawyers will join Jenner as partners, two as of counsel, with a further nine associates making the move. Former assistant secretary of commerce and commissioner of patents and trademarks Donald Quigg is one of the of counsel. First revealed on www.thelawyer.com 14 June
On 22 June, 1400 people will crowd into the Grosvenor House Hotel on Park Lane for the most eagerly-awaited event of the year. With only one week to go, The Lawyer brings you a sneak preview of the shortlisted individuals and teams
“We don’t believe in charging clients for each minute we spend. Our philosophy is very much one of ‘pick up the phone and give us a call’,” says Carole Hailey, who set up boutique IP and IT firm the Waterfront Partnership two years ago.
Why lawyers and their clients would benefit from working with journalists – especially in a crisis. By Magnus Carter
Landwell has sustained another partner loss after losing its London based head of real estate to Bird & Bird.
The London office of Arnold & Porter has snatched Denton Wilde Sapte IP partner Clive Thorne as part of the firm’s effort to beef up its London practice. Thorne, a well-known IP litigator, is set to join Arnold & Porter as a partner on 1 September. He has extensive experience in the UK and Asia in a wide range of IP and technology litigation and arbitration involving patents, trademarks, copyrights, design rights and e-commerce disputes. The addition of Thorne will bring the total number ...
Hussein Damirji, a native Iraqi who has spent most of his life outside his homeland, has returned to set up his own law firm.
Editor of Taxation magazine Malcolm Gunn joined the London tax team at Haarmann Hemmelrath as a tax consultant on 25 May. Gunn will focus on personal income and capital taxation.
North West firm DWF has added another partner to its growing haul of former Weightman Vizards property lawyers.
The former general counsel of Oxford GlycoSciences (OGS) and British Biotech John Ilett has been named as the first European lawyer at US pharmaceutical company Cephalon.
Blake Lapthorn Linnell has completed a review of its practice groups and is introducing a series of sector teams aimed at specific industries.
The Kurdistan government has appointed Clyde & Co to act on all negotiations and contracts with foreign companies investing in the one relatively safe region of Iraq.
The European Commission’s decision against Microsoft is likely to be a watershed for competition law enforcement in the EU. Robert Bell reports
The European Court of Justice has just given trademarks a thorough run through the wash, says Andrew Hobson
Former Hertz in-house lawyer Hannah Merritt has scooped one of the most coveted jobs in the legal market.
Halliwell Landau has posted a record turnover, which is up by 12.7 per cent to £40m for the last financial year. Halliwells also announced nine internal partnership promotions, with one intellectual property lawyer gaining equity. At the same time, the Manchester firm has lost property partner Nancy Brown to Eversheds. First revealed on www.thelawyer.com 11 May
Italian intellectual property (IP) boutique Trevisan & Cuonzo is to launch a new office in Parma specialising in IP issues for the food and food-related sectors.
Halliwell Landau has posted its highest-ever turnover for the last financial year after revenue grew by 12.7 per cent to £40m.
Mayer Brown Rowe & Maw and Baker & McKenzie have barged aside the trademark agents to land top five positions in 2003’s community trademark filings chart.
Wilson Sonsini Goodrich & Rosati has raided Pillsbury Winthrop for a team of partners to launch its new San Diego office.
Top five Dublin firm William Fry has carried out its second raid on PricewaterhouseCoopers’ (PwC) Irish law firm Landwell, poaching a rated contentious intellectual property (IP) team.
DLA has continued to strengthen its intellectual property (IP) practice with the hire of Harbottle & Lewis partner Richard Penfold.Penfold will work with head of IP Jeremy Dickinson, who joined from Hammonds in 2002, to further grow the practice.
Hammonds is continuing its push in Italy with the hire of White & Case partner Lorenzo Attolico and a team of assistants and the expansion of its office space in Rome.
The war of the Apples in the High Court (the Beatles’ Apple Corps v Apple Computer Inc) highlights the failure of intellectual property agreements to account for technological advancements. The purpose of a trademark is to distinguish one person’s goods or services from those of others. Nevertheless, it happens that two – and sometimes more – traders end up using the same brand. ...
A new guard is to take over management of Nicholson Graham & Jones, with insolvency head Tony Griffiths succeeding Michael Johns as managing partner.
Field Fisher Waterhouse (FFW) has nabbed intellectual property (IP) partners David Knight and Simon Chapman from regional firm Laytons. The pair will join FFW as partners. Knight focuses on patent litigation and Chapman concentrates on trademarks and copyright. The duo’s previous clients have included Hilton, Nokia, Remington, Reckitt Benckiser and Qinetiq.
US Attorney General Eliot Spitzer has launched an investigation into legal fees earned by a leading New York attorney while acting for a charity that evolved out of 11 September.
The Australia-US free trade agreement is aimed at reducing legal and investment barriers. By Michael Beaumont and Madeleine Cox
UK trademark behemoth goes all out to create MDP while Govt pontificates
Slaughter and May has been dumped by Abbott Laboratories for its forthcoming court fight over royalties against Cambridge Antibody Technology Group (Cat) and replaced by
Just as the Spanish have got the hang of how to pronounce Lovells (previously the whisper in Madrid was “Low Balls are coming