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.
With the right technology, in-house counsel can more proactively manage legal risk, reduce the cost of legal services and improve productivity.
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
Lawyers are among the most vulnerable to information breaches, according to the Information Commissioner’s Office
How is the cyber security industry shaping up?
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.
Appleby recently opened its doors to 13 Caymanian students, who had applied to spend time working alongside the law firm’s experts over the summer.
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.
The emergence of social-media websites as indispensable communication tools has raised the question of what happens to our electronic information when we die.
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.
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.
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.
A short interview with Chris Appleby, regional head of TMT at Al Tamimi & Company.
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.
Facebook, Twitter, e-mails, blogs, YouTube, Linked-In and Skype - words that we are all familiar with as they permeate our day-to-day lives.
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.
Chris Appleby has been appointed as the new regional head of technology, media and telecommunications at Al Tamimi & Company.
Audio evidence: the power of sound download
The technologies available to deal with audio evidence are evolving rapidly.
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.
Appleby has won Technology, Media and Telecoms Deal of the Year at the Asian Legal Business China Law Awards.
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.
Resolution — spring 2013 download
Appleby has released the spring 2013 edition of its Resolution offshore publication.
The increasing public awareness of the existence of the Data Protection (Jersey) Law 2005 has led to an increase in queries and complaints in respect of the control of ‘personal data’.
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.
The English High Court ruled last month that a person has a right to expect that certain photos taken of them — even after uploaded onto Facebook — will be kept private.
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.
UK: the real risk of cyber attack download
New revelations of the cyber threat to government and business identify the risk of attack even when stopping for a cup of coffee.
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
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.
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.
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
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, Low Balls are coming”), it seems the City firm may have to change its name.
The management of Weil Gotshal’s global litigation practice is being decentralised following 100 per cent departmental growth in the past five years.
Blake Lapthorn Linnell has been dealt a blow with the departure of three partners in as many months.
Miguel Rodriguez Mendose, head of Van Bael & Bellis’s Geneva office and former deputy director general of the World Trade Organisation (WTO), has been appointed chairman of the WTO panel ‘European Communities – Protection of Trademarks and Geographical Indications’. The panel will rule on US and Australian complaints over the EU’s system of trademarks and geographical indication for agricultural products and foodstuffs. He is joined by Seung Wha Chang of Korea and Peter Kam-fai Cheung ...
One of Mishcon de Reya’s best-known partners, David Glick, has left to set up his own media and entertainment-focused group of companies. Glick, noted for his deal-doing abilities in the music business, counts Craig David, Fatboy Slim, Nick Cave and The Kinks among his clients. His new business will be known as the Edge Group and will feature a legal services business (Edge Legal) and a boutique management ...
Gianni Origoni’s close association with Linklaters has helped it score Cisco Systems as a new client.
US firm Townsend & Townsend & Crew is to merge with litigation boutique Legal Strategies Group (LSG) on 1 March. Six partners and 12 lawyers will join Townsend’s San Francisco branch, a 150-lawyer intellectual property and litigation practice. LSG focuses on antitrust, trademark and commercial litigation. First revealed on www.thelawyer.com, 18 February
US firm Townsend and Townsend and Crew is to merge with litigation boutique Legal Strategies Group (LSG).
The creation of a Community Patent Court with EU jurisdiction has been formally proposed by the European Commission in its bid to harmonise and simplify EU intellectual property protection.
Wragges wards off Treasury Solicitor for Napster address" /Wragge & Co has secured a crucial domain name victory for new client Roxio, the owner of the outlawed former file-sharing system Napster.
Wragge & Co has won out against the Treasury Solicitor’s department in a bizarre dispute over the Napster domain name.
Niche licensing firm Poppleston Allen has beaten big four accountancy firm Deloitte to advise the Cyprus government on the review of its betting legislation.
Zimbabwe’s only independent daily newspaper The Daily News is back on the streets after a three-month hiatus, following a campaign by African and UK lawyers.
Music distributor Vital was more than ready for an in-house counsel when Karen D’Rosario arrived. She has been helping save the company a small fortune ever since. By Matt Byrne
Taking over Yahoo!’s European legal affairs was the perfect move for Jonathan McCoy, a champion of the freedom of the internet.
Lovells’ Hamburg office has lost competition and intellectual property (IP)/technology, media and telecoms (TMT) partner Walter Scheuerl to Wragges’ German best friend Graf von Westphalen Bappert & Modest. Scheuerl pointed to the fee structure at Lovells and other international law firms as a key reason behind his move.
Three Weightman Vizards lawyers have left the 78-partner firm to form a new commercial boutique. The new firm, PFK Legal opens for business today (12 January). It is the brainchild of Mark Forman, Neil Kelly and James Powell. It will focus on commercial, media and intellectual property work out of offices in Oriel Chambers, Liverpool.
Clifford Chance New York is continuing to lose lawyers as a group of eight intellectual property (IP) attorneys jump ship for Hogan & Hartson.
Clifford Chance’s New York intellectual property (IP) group has been hit with a series of defections, including its high-billing head of department.
Clifford Chance is set to lose the head of its Munich office next year when intellectual property partner Joachim Feldges leaves to set up an independent boutique.
With £62bn worth of funds on its books, F&C Management has hit on a winner with legal director Gillian Switalski, who much prefers an in-house strategy.
Shearman & Sterling’s London office has added another string to its bow as it expands into intellectual property (IP) through the hire of its first UK specialist.
Addleshaw Goddard has lost its second intellectual property (IP) partner in three months.Simon Clark is joining Berwin Leighton Paisner (BLP) with a group of three associates to create a new IP group for the firm.
Field Fisher Waterhouse's intellectual property (IP) practice is teaming up with its tax group to launch a direct attack on the big four accountancy firms.By combining the firm's IP expertise with its transfer pricing knowledge, Field Fisher hopes to offer what it terms "the most comprehensive asset management service in the City".Brands, technology, me-dia and telecommunications ...
Clydes beats the City with Iraqi launch as it stakes key claim to lucrative post-war reconstruction
German investment bank Dresdner Kleinwort Wasserstein is set to launch legal panels in the US, Japan and Singapore following a successful pilot scheme in the UK. A further German panel is likely to follow.
Mr Justice Jacob, one of the finest judges in the High Court, has been promoted to the Court of Appeal.
Microsoft has poached the intellectual property (IP) chief of rival technology giant IBM. Marshall Phelps will manage Microsoft’s entire IP portfolio from its West Coast HQ as vice-president and deputy general counsel for IP. He will be responsible for 3,000 US patents and over 11,000 trademarks. First reported on www.thelawyer.com/lawyernews 10 June
With its acquisitive streak finally slowing down, Getty Images' legal department has its sights set on image rights. Steve Hoare reports.
Anglo-German firm in shock U-turn as profits slide; IT departures imminent
Second-tier Dublin firm Eugene F Collins has taken over commercial property and finance boutique GD Fottrell & Sons.
Lovells has won a coveted licence to open a second office in China in the latest round of permits issued by the Chinese Ministry of Justice.
US firm Foley & Lardner has gained its first foothold in Asia by launching an office in Tokyo.
Mayer Brown Rowe & Maw is extending its Lloyd's reinsurance practice with the hire of highly-rated reinsurance litigator Ian McKenna from Holman Fenwick & Willan.
The Brussels office of Loyens & Loeff has recruited the name partners of intellectual property (IP) and IT boutique Van Asbroeck & Cottenie, resulting in the dissolution of the seven-lawyer firm.
Australian firm Deacons has axed 21 staff in its Hong Kong office.
Mr Justice Jacob has attacked "timorous" patent agents in an attempt to encourage them to take a more active role in advocacy.A
The future of Oppenheimer Wolff & Donnelly's Silicon Valley office is hanging in the balance with the imminent defection of 25 of its lawyers to Dechert.
Two-thirds of external advisers to go as Sanna overhauls entire legal function
Bristows has succeeded where Bird & Bird failed and become the first firm to overturn a certificate of validity for a patent in the High Court.
From cosmetics to Field Fisher via the Paris Ritz, John Olsen has had a long fight to get due recognition for his trademark practice. Steve Hoare reports
Linklaters' London head of intellectual property (IP) Anna Carboni is set to leave the firm to join Wilberforce Chambers.
Field Fisher Waterhouse has claimed first place in the Institute of Trade Mark Attorneys' (ITMA) annual ranking of community trademark (CTM) filings, while Linklaters is the only law firm to significantly buck the downward trend of filings.
Field Fisher Waterhouse has entered into a unique relationship with attorneys Mathys & Squire to offer the patent expertise of both firms under one virtual roof.
Norton Rose has bolstered its technology group with the appointment of intellectual property (IP) and IT litigator Matthew Harris, who is currently a partner at Herbert Smith. Harris has acted on a number of high-profile IP/IT disputes recently, including Capital One's IT dispute with a Fujitsu subsidiary and the AA's copyright dispute with Ordnance Survey.
Taylor Wessing's German and UK managing partners seem like chalk and cheese. So can they integrate their firms? Catrin Griffiths reports
Richards Butler's Michael Skrein is used to hobnobbing with celebrities. Kathryn Hobbs meets the man who really knows how to treat a girl
KLegal's growth strategy is paying off, with H20 partner Catrin Turner et al joining the ranks - but the firm might get more growth than it bargained for
Ronald Thwaites QC, brought up on a professional diet of criminal actions, finds that his direct approach to civil work keeps him off the streets
For Baker & McKenzie's Harry Small, keeping Levi's little red tab sacred was a must - despite the fact that he doesn't wear jeans very often
A law firm with no office and equal fees for associates and partners? It's a crazy idea, but Peter Rouse might be just the man to pull it off
Intellectual property (IP) specialist chambers 8 New Square is looking for a successor to its head, Michael Fysh QC, who has been appointed judge at the Patents County Court.
Yet another Wessing partner has quit the firm - but has not followed his 15 former colleagues to Andersen Luther.
News in brief
A new niche practice has been formed in Singapore with the marriage of two of Asia’s biggest names in IP.
Lovells is continuing its expansion in Europe as the Paris office takes on an intellectual property (IP) partner from local firm Dubarry Le Douarin & Veil.
Franco-US firm Salans Hertzfeld & Heilbronn is expanding its New York intellectual property (IP) practice with a team from Pryor Cashman Sherman & Flynn.
Beachcroft Wansbroughs has lost its head of intellectual property (IP) and an assistant to Field Fisher Waterhouse.
Denton Wilde Sapte has announced the formation of a new intellectual property (IP) group.
IP.com offers a cheap alternative to messy, expensive patents and from small beginnings the website is now aiming to go global. Mary Murphy investigates the company that says it is the true defender of ideas.
Linklaters & Alliance is sending one of its top London intellectual property (IP) partners to Germany in a bid to integrate the European practice into the rest of the group.
One Raymond Buildings and 5 New Square merge: recruitment ubderway
Birmingham firm Martineau Johnson is taking on the head of intellectual property from Eversheds' Nottingham office to boost its high-tech practice.
Shearman & Sterling has raided leading Los Angeles intellectual property (IP) boutique Fish & Neave for the second time in six months.
When even the railway system can't make a man angry, he has to be the nicest lawyer around. Fiona Callister meets Martineau Johnson's very agreeable senior partner elect
Coudert Scharmann, Coudert Brothers' German office, has relocated a senior partner to Munich.
Morrision & Foerster golden boy Kristian Wiggert, the new London office managing partner, may appear unassuming, shy even. Claire Smith meets the man whose image belies his professionalism