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A recent summary judgment by the High Court serves to highlight the role an audit clause plays when a licensor’s desire to police the use of its intellectual property conflicts with the licensee’s interest in preserving its own confidential information.
Tthe court has held that an exchange of emails between the claimants’ and defendants’ respective solicitors constituted a binding settlement in relation to litigation, and that a formal settlement agreement was not necessary.
In Northrop Grumman Mission Systems Europe Ltd v BAE Systems, BAE was engaged by the Ministry of Defence in Saudi Arabia to provide it with a computer system.
M&A Diligence: time-limited obligation to resolve a dispute by friendly discussions found to be enforceable
Care should be taken when inserting clauses into acquisition agreements that require parties to speak to each other to resolve problems.
A truncated due diligence exercise, however time-efficient, can lead to unexpected exposure for purchasers.
The High Court has held that a director is not subject to an implied term requiring the delivery up of confidential documents after the termination of his appointment.
Kemp Little looks at the development of case law on TUPE in outsourcing situations and draws out five main themes from the key cases of the last 12 months.
M&A diligence: marking a document ‘without prejudice’ may not be enough to prevent admission to court
Marking a document ‘without prejudice’ will not necessarily be a conclusive factor when a court decides whether the document is admissible in evidence.
A recent case is a good lesson for those involved with the drafting of acquisition indemnities to ensure the wording and grammatical construction is clear.
The Employment Appeal Tribunal has ruled that workers are entitled to have voluntary overtime included in the calculation of their holiday pay.
In Unaoil v Leighton Offshore, the Commercial Court rejected Unaoil’s claim for liquidated damages on the basis that the relevant clause was an unenforceable penalty.
The Court of Appeal recently considered the enforceability of an expert’s determination of whether a company’s historic accounting practices should be applied.
A recent High Court case has emphasised the need for investors to ensure that confidentially clauses in shareholders’ agreement are drafted correctly.
For a number of years, one of the most hotly debated topics involving cloud computing has been around the security, confidentiality and integrity of data.
For a number of years, lawyers have debated the issue of whether it is an infringement of copyright to link to or frame online content owned by a third party.
Ensure restrictive covenants in a sale agreement are enforceable (as the courts won’t do it for you)
The Court of Appeal has overturned a decision in which the judge read words into a restrictive covenant clause to reflect what he determined the parties had in mind at the time of drafting.
This paper outlines the key benefits of multi-sourcing, the challenges and risks and the options available to customers to manage these risks.
Court of Appeal clarifies Mitchell guidance on relief from sanctions — a welcomed departure from the hardline approach to procedure
Following Mitchell v News Group Newspapers, judges across the country have grappled with various different applications for relief from sanctions.
A recent Court of Appeal case has caused consternation among City lawyers for introducing significant legal uncertainty over the established distinction between loans and debentures in English law.
A recent High Court case has considered the possible ways of interpreting the words ‘the purpose’ in a contract between a seller and a buyer of a business.