Online August 2013
Franchising update: Commonwealth government responds to the review of the franchising code of conduct download
The Australian government has released its response to the review of the Franchising Code of Conduct and has accepted the majority of recommendations made by an industry expert.
The Federal- and Emirate-level legislative framework is now complete to permit the launch of Abu Dhabi’s new financial free zone, the Abu Dhabi Global Market.
‘Fixed protections' under UK registered pension scheme tax regime — new regulations to come into force to clarify how these operate download
New regulations come into force in August that make provision in relation to the tax protections available for large pension entitlements
The now iconic song of 1969 aptly describes the insurance regulatory activity we are seeing in the summer of 2013.
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.
Eighteen lawyers from Allen & Overy have been recognised in this year’s Citywealth Leaders List.
2013 UK employment developments download
Allen & Overy’s six-month calendar sets out the employment developments planned for the coming months and early 2014.
2013–14 UK employment developments download
Allen & Overy’s six-month calendar sets out the employment developments planned for the coming months and early 2014.
Welcome to Taylor Wessing’s analysis of European clean energy investment activity in the second quarter of 2013 (2Q13).
Roberta Chang discusses the guidance issued by the Chinese State Administration of Taxation on when a foreign company’s secondment arrangement into China will be deemed to have created a taxable presence.
A decision made earlier this year in the FSD of the Cayman Islands gave an interpretation of the assistance that may be available to a foreign insolvency representative at common law.
In an ongoing shareholder dispute over control of the parent company of London hotels, the Court of Appeal has considered the effect of a good faith clause in a Shareholders’ Agreement to be minimal.
‘Managing for Health and Safety’ is a new internet microsite published by the Health and Safety Executive (HSE) at the end of July.
ACCC v Bytecard Pty Ltd concerned the T&Cs in use during the period from 1 January 2011 to April 2013.
Earlier this year we reported on the Statement of Principles, an agreement between the government and the ABI that ensured that homeowners and small businesses had access to affordable flood cover.
Addleshaw Goddard has advised Practice Plan Group on its acquisition by Wesleyan Assurance Society for an undisclosed sum.
Addleshaw Goddard announces plans to increase its capability in Hong Kong.
Addleshaw Goddard has launched a legal apprenticeship scheme within its transaction services team.
Any commercial landlord or tenant will appreciate that a lease can be a highly valuable asset or a significant liability.
Allen & Overy has advised BNP Paribas, London branch, in relation to the Lighthouse Trade Finance transaction.
Allen & Overy Paris has advised on the issue by Veolia Environnement of €1bn undated deeply subordinated reset rate notes and £400m undated deeply subordinated reset rate notes.
Allen & Overy advises Borealis in relation to firm offer to acquire Total SA fertiliser business units
Allen & Overy has advised Borealis in relation to its firm offer to acquire fertiliser business units of Total SA.
Allen & Overy has advised the International Finance Corporation (IFC) on the commercial agreements related to the development of Aura Solar I.
Allen & Overy has advised BNP Paribas, Citigroup, Crédit Agricole CIB and HSBC as joint lead managers in connection with the issue by AXA of $850m undated subordinated notes.
Allen & Overy has advised Banco Santander, which acted as lead arranger of the €1.4bn project bond to finance the Castor underground gas storage facility in Spain.
Allen & Overy has advised on the landmark creation of the Abu Dhabi Global Market.
Allen & Overy has announced its support of the 40th annual Fordham conference on international antitrust law and policy.
The Summer 2013 issue of Hogan Lovells’ quarterly Antitrust, Competition and Economic Regulation newsletter is available now.
Appeal of infringement dispute of patent for invention on one of the 2012 Top 50 Typical Cases of Intellectual Property Protection in Chinese Courts download
In April 2013, the Supreme People’s Court of the PRC released the 2012 Top 50 Typical Cases of Intellectual Property Protection in Chinese Courts.
Appleby has acted as Bermuda and British Virgin Islands counsel for FMO on its participation in a syndicated loan of $90m to China Singyes Solar Technologies Holdings.
Appleby has been named ‘Bermuda market leader’ in the 2013 Legal Elite survey published by Intelligent Insurer, which aims to uncover leading law firms and lawyers in the insurance and reinsurance space.
When applying the Supreme Court’s judgment in Eurosail to determine the solvency of a company, the court will focus on the debts that are due or will fall due in the reasonably near future.
With effect from 30 September 2013, the Takeover Code will widen the categories of companies it regulates partially removing the residency test for some companies.
A court is faced with a tension between upholding the primacy of an arbitration agreement and the court’s exclusive statutory jurisdiction to determine winding-up petitions.
The August 2013 issue of DLA Piper’s Asia: Corporate Newsletter is available now.
Almost a year ago the High Court handed down judgment in the cases of Tony Nicklinson and ‘Martin’. The two men were seeking clarification of the law relating to euthanasia and assisted suicide.
We have now had slightly more than a week to consider the effect of the Mammoet case (CFMEU v Mammoet  HCA 36).
A global focus on reforming the over-the-counter (OTC) derivative market stems from the recent global financial crisis and involves regulators committed to the same objectives.
Australia’s Future of Financial Advice regime is in full swing as compliance became mandatory on 1 July this year.
For the first time in Australia, an implied term of mutual trust and confidence has been incorporated into an employment contract and damages awarded for a breach of that term.
Issue 67 of DLA Piper’s Banking and Finance Litigation Update is now available.
On 22 July 2013, the Luxembourg Minister of Finances introduced a new law bill, no. 6595, concerning the creation of patrimonial foundations in Luxembourg.
The Fair Work Act 2009 provides for good faith bargaining, restrictions on the content of agreements and a single stream of collective enterprise agreements.
Charles Foster and Ben Bradley from Outer Temple Chambers have intevened in right-to-die appeals on behalf of the Care Not Killing Alliance.
A new appellate decision reinstates the Bay Area Air Quality Management District’s controversial ‘significance thresholds’ for evaluating air quality impacts under the California Environmental Quality Act.
The Queensland Supreme Court has ruled that mining leases are not ‘land’ for the purposes of section 10(1) of BCIPA.
Stephenson Harwood has appointed Ben Stansfield as a real-estate partner in the London office. He joins from Clifford Chance.
Expressing offers to settle simply as ‘without prejudice’ or even ‘without prejudice save as to costs’ may not be sufficient to leave the door open for further negotiation.
Brazil’s anti-corruption 'clean company law' goes into effect 1/24/14 — get ready to comply download
Brazil’s president, Dilma Rousseff, has signed Law n. 12.846/2013, popularly called the ‘clean company law’.
The president of Brazil has signed into law a piece of anti-corruption legislation that will force those doing business in the country to make changes to the way they do so.
Brazil's new anti-corruption law download
Until recently, Brazil’s anti-corruption statute only imposed liability on natural persons and lacked the element of corporate liability.
Bribery Act — finally making waves download
Recent press reports suggest that authorities, both at home and abroad, are ramping up their bribery investigations.
Deferred prosecution agreements are now available to prosecutors in England and Wales.
By any other name: mistaken identity download
In the case of Derek Hodd Limited v Climate Change Capital Limited the High Court delivered a judgment that may assist those who fall victim to the consequences of mistaken identity.
This article considers what the NSW Court of Appeal’s decision on the operation of s 6 of the Law Reform (Miscellaneous Provisions) Act 1946 may mean for advancement of legal costs on appeal.
The Cayman Islands government announced last week that negotiations with the US on a Model I intergovernmental agreement and a new tax information exchange agreement have now been concluded.
CFMEU blockade contempt of court download
The Victorian Supreme Court has found the Construction, Forestry, Mining and Energy Union (CFMEU) guilty of contempt of court for blockading Grocon’s ‘Emporium’ and ‘McNab’ sites.
In the case between VTB Capital plc and Konstantin Malofeev and companies connected to him, the Cayman Islands Court of Appeal has handed down a judgment of some significance.
It remains to be seen whether proposed changes to the Pension Protection Fund (PPF) compensation regime will lead to increased PPF levies.
Major changes to the Czech Insolvency Act 2008 are due to enter into force on 1 January 2014.
Changes to the Takeover Code mean that trustees of defined-benefit pension schemes will have more involvement where listed companies are being acquired download
The City Code on Takeovers and Mergers has been amended to take account of the growing importance of defined-benefit pension schemes in a takeover situation.
It has been common practice for a multinational company to dispatch expatriate employees to its affiliated enterprise in China to hold technical positions.
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.
City attempting to seize underwater mortgages via eminent domain: constitutional objections, potential investor losses download
Richmond in California has commenced the process for taking by eminent domain hundreds of notes secured by mortgages on underwater residential properties.
Ogier’s Sally Edwards and Fiona Barrie have been included in Citywealth’s IFC Power Women Top 100.
Since the Wheels case, the Court of Justice of the European Union has been considering further issues to do with VAT and pension schemes.
The government has brought in new rules to close the judicial review loophole.
Mills & Reeves looks at the proposed introduction of a code of conduct for brokers and what it will really mean for the brokers’ market.
The government continues to strengthen its policy on combined heat and power schemes in a persistent attempt to drive up efficiency.
The Commercial Arbitration Act 2012 (WA) came into force in Western Australia on 7 August 2013. It replaces the Commercial Arbitration Act 1984 (WA).
The law of distress is an ancient common law remedy for the recovery of overdue rent.
A recent EAT decision suggests that, as long as the companion falls within the statutory categories, the choice lies entirely with the employee.
Comparison on the rights, limitations and procedures related to public gatherings and demonstrations across Europe download
On a European level, fundamental rights are laid down in the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights (ECHR).
Following the Office of Fair Trading’s referral in late June 2013, the Competition Commission has revealed the framework for its consideration of payday lending in the UK.
Mining projects require rail and port access to get the resource from the mine to the export market.
The Italian Communication Authority (AGCOM) has recently launched a public consultation on the digital terrestrial radio broadcasting regulation.
The time has come to reform the complicated rights of both consumers and businesses when buying goods and services.
A recent case from the European Court of Justice warns that contracts between public authorities are not exempt from the procurement rules.
The High Court has recently delivered a judgment on the interpretation of a restriction on the transfer of shares contained in pre-emption provisions in a shareholders’ agreement.
Conyers Dill & Pearman advises NetDragon and 91 Wireless on $1.9bn takeover by Baidu.
Conyers Dill & Pearman has provided Bermuda legal advice to Third Point Reinsurance Ltd.
Walker Morris advises Mobile Tornado on equity placing to raise £4m.
In HMRC v DV3 RS Limited Partnership  EWCA Civ 907, the Court of Appeal has allowed HMRC’s appeal against the Upper Tribunal’s decision.
A Scottish Court has recently considered when employers should provide protective footwear to any staff who work outdoors.
The Queensland Supreme Court has delivered its judgment in BM Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd & Ors  QSC 67.
Romero Insurance Brokers v Templeton Ltd provides a recent example of the successful use of restrictive covenants in the insurance industry.
DLA Piper has announced that managing partners Stephen Cowan and Michael Meyer have been named in the Daily Journal’s2013 list of top 30 real estate transactional lawyers.
The European Parliament and Council of the European Union have adopted a regulation that amends the existing regime for the border detention of goods that infringe intellectual property rights.
Stephenson Harwood has released the August edition of its Data Protection Update, a monthly bulletin on key developments in data protection law.
Data protection: Information Commissioner's Office has published a code of practice for subject access requests download
The Information Commissioner has published a new code of practice covering how employers should deal with subject access requests from employees.
The UK remains proactive in the renewables sector illustrating a significant determination to meet the renewables targets.
Delaware amends its LLC act: managers and controllers owe fiduciary duties unless LLC agreement provides otherwise download
Effective 1 August 2013, the Delaware General Assembly has amended Section 18-1104 of the Delaware Limited Liability Company Act.
Delaware Court of Chancery — no fiduciary breach, although directors engaged in unfair process: four key takeaways download
While management and preferred stockholders of Trados, Inc. received all of the merger consideration in an end-stage transaction and the common stockholders received nothing, the transaction was still found ‘entirely fair’.
The Department for Work & Pensions has issued a call for evidence in relation to quality standards in workplace DC pension schemes
Designing the shackles: draft secondary ring-fencing legislation published for consultation download
The government has published illustrative drafts of three statutory instruments in order to aid parliamentary scrutiny of the Financial Services (Banking Reform) Bill.
Defra has published its 2012–13 annual report on its Anaerobic Digestion Strategy and Action Plan.
In April 2013, the US EPA’s Office of Solid Waste and Emergency Response issued two guidance documents on soil vapour intrusion.
The EAT has held that an employment tribunal erred in deciding that an employer’s approach of discounting some disability-related absence from the overall level of sickness absence was impermissible.
The Information Commissioner’s Office has issued guidance on how regulation 43 of the Public Contracts Regulations 2006 interplays with the exemptions and exceptions in the Freedom of Information Act 2000.
DLA Piper is advising Staalbankiers in a dispute over Lehman notes.
DLA Piper has advised the Central Works Council of bank ABN AMRO.
DLA Piper has advised Better Capital PCC Ltd on its firm placing and open offer raising £185.6m for further investments.
DLA Piper has advised Cornerstone Real Estate Advisers on the purchase of 40 Gracechurch Street, a grade A office building in the City, for £94m.
DLA Piper has advised Etihad Airways on its acquisition of a 49 per cent stake in JatAirways as part of an extensive strategic partnership between the two airlines.
DLA Piper has advised the Bank of Moscow Group with regard to sale of its subsidiary bank in Ukraine, BM Bank, to Smart Holding.
DLA Piper has advised Orchard Supply Hardware Stores in the sale of its business to Lowe’s Companies Inc, which has been approved by the US Bankruptcy Court.
DLA Piper has advised Conviviality Retail on its initial public offering to realise a market capitalisation of £66.7m on admission on AIM.
DLA Piper has received Gold Standard Certification from the Women in Law Empowerment Forum for the second consecutive year.
DLA Piper has represented the investment banks in the Ps.4.8bn global offering of Real Estate Certificates of Mexican REIT Fibra Shop.
DLA Piper won summary judgment on behalf of Devonshire Campus, LLC, one of multiple lenders involved in a multi-tranche loan secured by a mortgage.
DLA Piper has welcomed the recently introduced Direct Investment Promotion Law in the State of Kuwait (Decree Law No. 116 for 2013).
New Perimeter, DLA Piper’s nonprofit affiliate dedicated exclusively to global pro bono work, recently helped complete a first-of-its-kind clinical legal education workshop in Myanmar.
Eric Geppert and Jeremy Lustman, partners in DLA Piper’s corporate and securities practice, have been named in National Law Journal’s ‘DC Deal Makers of the Year’ report.
The explosion in new generic top-level domains is likely to create an increase in the potential for ‘cyber-squatting’.
This recent decision considers the vexed question of when a worker may be classified as an independent contractor.
EAT, annual leave and the WTR download
When individuals are on long-term sick leave and unable to take annual leave, only four weeks’ annual leave will carry over automatically into the next holiday year.
The impact of the ECHR on competition law has mostly been confined to procedural matters; however, it has had some impact on substantive law as well and this may be set to increase.
ECJ holds that transferees are not bound by post-transfer changes to collectively agreed terms of employment download
The European Court of Justice has held that a transferee was not bound by post-transfer collectively agreed terms of employment.
Employee and executive incentives — an overview of incentive arrangements in Russia and the CIS download
The world of executive remuneration and the combination of cash and share-based incentives is ever under the spotlight.
The Court of Appeal has held that an employee who was acquitted of theft in criminal proceedings had been fairly dismissed by his employer.
Addleshaw Goddard has released the July 2013 edition of its Employee Incentives Update. The update contains a round-up of developments in this area during July.
On 29 July 2013, the changes to the Employment Tribunal Rules of Procedure and new sections of the Enterprise and Regulatory Reform Act 2013 came into force.
Employment law reforms continue apace: but no sign of any measures dealing with holiday and sickness absence download
As the holiday season gets well under way, employers may well be wondering when they will finally have a clear understanding of their workers’ holiday entitlements.
As of 29 July, employers can enter into confidential negotiations with an employee with the aim of terminating their employment.
The UK Supreme Court has considered the extent to which the English courts would recognise and enforce a judgment made in non-EU foreign insolvency proceedings.
In an increasingly globalised business environment, it is not uncommon for a company or individual to enter into transactions or hold assets in several jurisdictions around the world.
In an effort to resolve an anticipated trade war, the EC has adopted a decision to accept a price undertaking proposed by China.
Euromoney corporate tax handbook 2013: mergers and acquisitions in Ukraine — tax issues on the radar download
Despite the financial crises and turmoil lately, there has been some pick up in M&A activity on the Ukrainian market.
In its Green Paper entitled ‘Preparing for a fully converged audio visual world’, the Commission gave its gloss on the famous FAPL judgment of the European Court of Justice.
On 18 July the CJEU handed down its judgement in FIFA and UEFA’s struggle around the listing of the World Cup and European Championships as free-to-air events.
A recent spate of cases has generally upheld, on First Amendment grounds, a developer’s right to include unlicensed trademarks in video games. However, it may be wise for developers to be circumspect in what they include.
Despite extensive protective language, because one individual failed to sign a guarantee properly, it was void against the other individuals who did sign.
FATCA implementation download
As part of the Hiring Incentives to Restore Employment Act, the US government enacted the Foreign Account Tax Compliance Act (FATCA) in 2010.
On 30 July 2013, the Financial Conduct Authority (FCA) published Primary Market Bulletin (PMB) No.6, the first edition in its capacity as the new regulatory authority governing the UK Listing Regime.
On 30 July 2013, the FCA published Primary Market Bulletin No. 6, the first edition in its capacity as the new regulatory authority governing the UK Listing Regime.
FCA review of Client Assets Regime: radical proposals for the speedy return of cash and assets on insolvency download
The FCA sets out some fairly radical proposals aimed at improvements in two areas: the amount and speed of return of client assets following insolvency; and reducing the ‘market impact’ of insolvency.
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.
On 17 July 2013, the FCC issued a citation to the Caribe Federal Credit Union (CFCU) in San Juan, Puerto Rico for operating incidental radiators and causing harmful interference to licensed communications in violation of the FCC’s rules.
The FCC has announced that full payment of all applicable regulatory fees for the 2013 fiscal year must be received no later than 20 September 2013.
Six federal financial regulatory agencies have issued a notice revising their previous 20 April 2011 proposed rule on risk retention in securitisation transactions.
Fifth Circuit decision exposes contractors to vicarious liability for double damages when employees receive personal kickbacks download
The Fifth Circuit has ruled that a contractor may be held vicariously liable for double damages under the Anti-Kickback Act, even when the kickback is taken by an employee.
The departments of labour, treasury and health and human services recently published final Affordable Care Act regulations on wellness programmes.
Finance Bill 2013 now in force download
The Finance Bill 2013 received Royal Assent on 17 July 2013, triggering a number of private client measures to come into force.
Since 2002, airports and airlines have negotiated the terms and conditions of use of aeronautical services without any regulatory intervention or oversight.
China, due in no small part to heavy demand from its massive manufacturing and textiles sectors, is home to the world’s largest and fastest–growing petrochemicals market.
FIRB has issued a press release announcing changes to the exemption provided under the regulations for small interests in Australian urban land trust estates.
The Serious Fraud Office (SFO) has brought proceedings against three individuals under the Bribery Act 2010.
On 29 July 2013, a number of major changes to employment law came into force. Here are five key changes that you need to know about.
The High Court has handed down judgment in the long-running case of Interflora Inc v Marks & Spencer plc.
The regulatory regime on Foreign Direct Investment (FDI) in retail trading in India has seen multiple reforms over the last year.
DLA Piper has announced that Karen Nelson has joined the firm’s national healthcare enforcement and compliance practice as of-counsel in the Austin office.
Appleby has become the only firm to clinch four places in magazine Citywealth’s International Financial Centres Power Women Top 100 list.
In the last few weeks, there have been encouraging developments, from judge and jury alike, for employers fending off claims by disgruntled workers.
Hogan Lovells has announced that the Florida Public Defender Association (FPDA) recently honoured lawyer Parker Thomson with the L Clayton Nance Award.
A company in liquidation will not be stopped from bringing claims against directors and other parties for wrongdoing, where the company can be said to be a victim of the wrongdoing.
A majority of the Full Federal Court has concluded that there is an implied term of mutual trust and confidence in all Australian employment contracts.
Following the first set of amendments to the Russian Civil Code, the second and third sets of amendments to the Civil Code have now also been signed into law.
The Government Accountability Office holds that the Navy unreasonably credited a joint venture awardee with the corporate experience and past performance of two affiliates of one of the joint venture partners.
The Fair Work Act 2009 (Cth) contains a broad set of general protections against discriminatory, unfair or unlawful conduct.
The German Federal Supreme Court has confirmed the liability of former shareholders.
The German Federal Court of Justice, in a decision on 6 June 2013, has held a tax consultant liable for the consulted company filing late for insolvency.
Following a consultation last year, HSE confirmed in July 2013 that it would be changing the reporting requirements under RIDDOR from 1 October 2013.
Nigel Adams from Goodman Derrick acted for Lloyd and Carr in their successful defence in defamation action.
The government has published a consultation entitled ‘Supporting the employee-ownership sector’.
The existing support for new large-scale renewable projects under the Renewables Obligation will be replaced by Feed-in Tariff contracts for difference.
Grievance and disciplinary hearings: does particular companion have to be a 'reasonable' choice? download
In the case of Toal and another v GB Oils, the Employment Appeal Tribunal (EAT) decided that it does not.
These three small ‘offshore jurisdictions’ are dominated by offshore finance and influenced, although not bound, by UK law. However, they are also very different.
Health Alert — 12 August 2013 download
The 12 August 2013 issue of DLA Piper’s Health Alert is available now.
Health alert — 19 August 2013 download
This health alert from DLA Piper includes judgments from New South Wales, Victoria and South Australia, as well as legislation and reports.
Health Alert — 26 August 2013 download
DLA Piper has published the 26 August issue of its Health Alert publication, which focuses on judgments, legislations and reports in the health sector.
Health Alert — 5 August 2013 download
The 5 August 2013 issue of DLA Piper’s Health Alert is now available.
The August 2013 issue of Mills & Reeve’s Health Legal Update is available now.
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.
The High Court has awarded award springboard relief against three of the claimant’s former employees who had attempted to use the claimant’s LinkedIn groups.
In a ruling yesterday, the High Court granted an interim injunction to restrain the activities of animal rights campaigners planning protests at a badger cull.
Pension obligations on employers in relation to auto-enrolment are being introduced, on a phased basis, from October 2012.
Hogan Lovells is set to host Ladder to Law for the third year running. The programme will include work experience with Vodafone’s in-house legal team.
The employee shareholder status will likely be confined to private equity companies with few employees and the flexibility to implement a new form of employee share plan.
Hogan Lovells’ Washington DC office recently completed its fifth annual Backpacks for Kids drive. Through this event, 500 backpacks were donated to four schools.
Hogan Lovells has been named on the Working Mother Media and Flex-Time Lawyers ‘50 Best Law Firms for Women’ list for the second year in a row.
On 28 September a team of Hogan Lovells Lee & Lee lawyers and clients will attempt to scale Mount Rinjani to raise funds for MILK.
Hogan Lovells’ third annual Wii Bowling Championship, which took place on 8 August, raised more than $40,000 for the Wounded Warrior Project (WWP).
Hogan Lovells has released its third annual Citizenship Report.
DLA Piper looks at the asset-light strategies of global hotel operators using a ‘quick to view’ educational referencing guide.
The ’bedroom tax’ is beginning to bite.
The PGPA Act, passed on 29 June 2013, will, when it commences, consolidate the two financial management frameworks established for Commonwealth activities.
A series of controversial and significant changes are shortly to be introduced which, depending on one’s viewpoint, may reduce access to justice for some, whilst increasing it for others.
Much has been written about the current shake-up to the litigation costs regime. However, another facet of the new costs rules will be equally, if not more, important to litigants.
Ince & Co has advised Golar on the completion of a floating storage and regasification unit time charter with the Ministry of Energy and Mineral Resources of Jordan.
Ince & Co has appointed lawyer Dimitris Seirinakis as a consultant based in the firm’s Shanghai office.
The Dubai branch of Ince & Co Middle East LLP has relocated to larger premises to accommodate the firm’s continued growth and development.
The Indian Supreme Court has recently held that a narrow scope should be applied to the ground of public policy in the context of challenges to foreign arbitration awards.
The Fair Work Act 2009 (Cth) contains a central distinction between ‘protected’ industrial action (that is, lawful action) and ‘unprotected’ industrial action (unlawful action).
The Inheritance and Trustees’ Powers Bill, which makes significant amendments to the intestacy rules, recently had its first reading in the House of Lords.
In March 2013 The Lawyer, in association with Thomson Reuters Serengeti, conducted a large research project examining the rapidly evolving in-house legal sector.
Insight into the global CLO market download
This latest Appleby report provides data, insight and analysis on the global collateralised loan obligation (CLO) market.
Insights on drafting pharmaceutical patents from the Supreme People’s Court’s Annual Report of Intellectual Property Cases download
In April 2013, the Supreme People’s Court issued the Annual Report of Intellectual Property Cases, which included 34 typical intellectual property and competition cases.
The Insolvency Service is asking for views on a number of proposals that would simplify the law governing insolvency procedures and the regulations that affect insolvency practitioners.
There was a ripple of concern in both Jersey and the UK after the High Court’s decision in HSBC Bank v Tambrook Jersey Ltd  EWHC 866 (Ch).
Pillsbury’s Robert James shakes up accepted wisdom and puts to the torch a few cherished myths about the aftermath of the 1906 San Francisco earthquake and fire.
The Financial Services Commission recently reported that there are more than 2,301 entities licensed to carry on insurance business in or from within the BVI.
Different intellectual property rights protect different assets, each with their own rules on whether or not registration is required and how long the rights last.
Mills & Reeve has announced that it will be welcoming Investe São Paulo at its Cambridge office on 20 September 2013.
As foreshadowed in Notice 2013-43, the IRS has opened the FATCA Registration Website.
Is Luis Suárez right: does an oral agreement between parties vary the terms of their written agreement? download
Last weekend heralded the return of the Premier League football season and the spotlight is firmly fixed on potential transfer business before the transfer window closes.
On 19 July, EU commissioner Viviane Reding stated that the European Commission will be reviewing its Safe Harbor Agreement with the US.
A recent Victorian Supreme Court decision has held that where a dispute resolution clause is uncertain it will not be enforceable.
Step-in rights in a construction contract may constitute a security interest under the New Zealand personal property securities legislation.
On 25 July 2013, AGCOM approved a draft regulation to introduce a notice and take-down process in relation to copyright infringement.
Italian merger-control rules download
The ICA has clarified how to determine the second threshold under the amended Article 16, paragraph 1, of Law no. 287/90 in the case of newly set-up joint ventures and mergers.
The government has committed to issue Delivery Plans every five years under Electricity Market Reform.
It is slightly more than three months since the 1 April implementation date for the Jackson reforms.
Jane Hider, a partner at DLA Piper, has been awarded best lawyer in the transport and logistics category at the 2013 Euromoney LMG Australasia Women in Business Law Awards.
In December last year the government issued a consultation on reforming the judicial review process and in April 2013 it published its response to the consultation.
Karanovic & Nikolic’s Rastko Petakovic has authored the Bosnia & Herzegovina and Serbia chapters of the fourth edition of The Merger Control Review.
The decision to introduce or expand formal remote and flexible working arrangements within your legal team should not be taken lightly.
Starting an airline requires entrepreneurs with drive, motivation and vision to turn the idea into a viable reality.
King & Wood Mallesons has acted on Domino’s Pizza’s expansion into the Japanese market.
King & Wood Mallesons has advised Huayu Automotive Systems Company Limited (HASCO) on the acquisition of 50 per cent of Yanfeng Visteon Automotive Trim Systems Company.
King & Wood Mallesons has advised Mesnac Co Ltd on its successful acquisition of a majority stake in Test Measurement Systems, Inc.
King & Wood Mallesons has advised Molybdenum Co Ltd (CMOC) on its acquisition of Rio Tinto’s 80 per cent interest in the Northparkes underground copper mine.
King & Wood Mallesons has advised RCR Tomlinson on its $140m acquisition of Norfolk Group by way of scheme of arrangement.
King & Wood Mallesons and SJ Berwin are advising ASX-listed IRESS on its acquisition of Avelo FS Holdings, a provider of financial services technology in the UK.
King & Wood Mallesons and SJ Berwin have joined forces to create a global law firm headquartered in Asia.
Now more than ever before, landlords need to ensure they have fully protected their tenants’ deposits.
A recent case considered how serious a breach of contract needs to be before it can be accepted as a repudiatory breach of contract.
The rise of social media, smartphones, tablets and apps creates new possibilities on an almost daily basis while posing social, economic and political questions.
Law à la Mode — Issue 10 download
The summer 2013 edition (Issue 10) of DLA Piper’s Law à la Mode publication is available now.
PRC law sets forth specific requirements for individuals who serve as arbitrators in China.
Legal ease: sun and wind power download
Plans for renewable energy in the Middle East should provide considerable opportunities for private sector investment in the future.
The defence of privilege to an English liquidator’s application for the production of documents under sections 234 and 236 IA 1986 is to be decided on the basis of English law.
Like Athena from the head of Zeus: Neighbours For Smart Rail authorises future baselines in CEQA review download
A new California Supreme Court decision has authorised reliance on anticipated future conditions as the ‘baseline’ for evaluating impacts of long-term infrastructure projects.
Where a company processing personal data enters liquidation, the liquidators are not the ‘data controllers’ pursuant to the Data Protection Act 1998.
Litigation funding in Jersey download
The recent case of Barclays Wealth Trustees (Jersey) v Equity Trust (Jersey) Limited  JRC094 provides further clarification as to the position of third-party litigation funding in Jersey.
The government’s Automatic transfers: consolidating pensions savings paper aims to find a solution to the issue of dormant DC pension pots.
The European Commission has published amendments to the state aid Enabling Regulation (Council Regulation 994/98) and the state aid Procedural Regulation (Council Regulation 659/99).
On Sunday, police in Manchester arrested a man in connection with a barrage of tweets sent to Caroline Criado-Perez, a feminist campaigner.
Can you require an employee to submit to a medical examination and what happens if the employee refuses?
Material adverse change (MAC) provisions appear in most loan agreements. A recent case included interpretation of MAC in the context of a representation that there had been no MAC in a borrower’s financial condition.
Roger Bamber, a mediator lawyer from Mills & Reeve, has been shortlisted for Most Innovative Family Lawyer at this year’s Family Law Awards.
Mills & Reeve’s projects team has advised Aviva on four significant new projects this summer totalling more than £140m.
Mills & Reeve’s projects team has advised Aviva Commercial Finance on all aspects of its latest student accommodation project at the University of York.
Mills & Reeve partner Chris Belcher has welcomed the Big Lottery Fund’s decision to award £5m to The Silver Line.
Mills & Reeve have been appointed to work with Joining Jack, a national charity dedicated to finding effective treatments for muscular dystrophy, one of the most common fatal genetic disorders to affect children.
Mills & Reeve has released its employment legislation tracker, which describes different aspects of employment legislation from February 2013 to 2015, and provides the estimated/actual date in force.
Minerals Matters — Summer 2013 download
Summer is finally here and with it comes the latest edition of Minerals Matters. In this edition, DLA Piper has covered a wider range of topics than ever before.
Minimum solvency provisions for pension schemes dropped from forthcoming European legislation (IORP II) download
In good news for employers, the European Commission has dropped proposals that could have resulted in a dramatic increase in contributions to defined benefit pension schemes.
The Court of Appeal has rejected an appeal by Paul Rowley and John Green in their action against RBS, holding that the pair had not been advised to enter into the swap in question.
Unless a claimant seeks to mitigate its loss, before seeking to recover compensation from a defendant, any damages that a defendant is ordered to pay may be reduced accordingly.
Monitor has been consulting on guidance it intends to issue on the National Health Service (Procurement, Patient Choice and Competition) (No.2) Regulations 2013.
The recently adopted Montenegrin Law on Prevention of Illegal Business introduces a number of new concepts in the process of fiscal consolidation and combating grey market.
In practice, the best policy is to have no policy on redundancy payments.
This was a typical aircraft financing that involved a complex series of related transactions, but the basic facts can be shortly stated.
Offshore law firm Mourant Ozannes, has been shortlisted in three categories for the Citywealth International Financial Centre Awards.
The Consumer Insurance (Disclosure and Representations) Act 2012 (CIDRA) came into force in April 2013. It impacts on any insurer or broker dealing with consumer/personal insurance.
The question of how to allocate multiple losses has recently come before the Supreme Court.
Nabarro has acted for new client Publicis, an advertising and communications agencies, completing a deal in five weeks to agree pre-lets on two central London properties being redeveloped by Derwent London.
Nabarro has advised wealth and investment manager Walker Crips on the creation of a regulated short-term lending fund.
NCTM has advised Sacom on its acquisition of Agafert.
NCTM partners will be lecturers at Milan University next academic year, when a course in food law commences.
On 22 February 2013, the Reserve Bank of India issued its guidelines for the licensing of new banks in the private sector.
On 19 July 2013 entered into force EU Regulation No. 608/2013 concerning custom enforcement of intellectual property rights (the Regulation).
New Luxembourg limited partnerships download
In July 2013, Luxembourg legislation came into force specifically tailored to the needs of private-equity/real-estate investment managers.
New planning rules for change come into effect — regime relaxed for change of use from office to residential download
The relaxation of the requirement for planning permission for a change of use from office to residential is a new permitted development right.
Legislation is now in effect that brings section 15 of the GIA into force as from 1 October 2013
A recent survey by the British Medical Journal of 134 acute hospital NHS trusts has found that 21 of those trusts have recently introduced private, or ‘self-funded’ services.
Sintons client Philip Horsfield, practice manager at Village Green Surgery, discusses how the recent reforms in the NHS have led to ‘chaos’ in primary care.
The UK Intellectual Property Office has refused to register four-fingered Kit Kat chocolate bars as a three-dimensional mark.
Traditionally, a valid trust requires at least one beneficiary capable of benefiting. The reason for this restriction lies in the enforceability of the trust.
The Enterprise and Regulatory Reform Bill going through Parliament will merge the OFT with the Competition Commission, creating the Competition and Markets Authority.
'Off-the-clock' security checks and the Fair Labor Standards Act — what companies need to know download
The practice of conducting unpaid security checks of employees at their workplaces is under fire across the country.
Ogier has advised OMERS Private Equity (OPE) on behalf of certain clients (AIMCo) on its successful bid for Vue Entertainment.
Ogier Fiduciary Services announces director promotions for Ian Rumens and Stephanie Rose.
Ogier has assisted Orsu Metals Corporation with the British Virgin Islands elements of a subscription for shares and warrants in Orsu by Gold Fields Exploration BV.
A cross-practice team at Ogier in Jersey and Guernsey has been formalised to create Ogier Local Legal Services.
Ogier has been shortlisted for the Citywealth International Financial Centre Awards in two categories.
On your marks. Three members of OTC Pensions Team involved in the first case of its type regarding abuse and the jurisdiction of the Pensions Ombudsman download
Most members of occupational pension schemes involved in a pensions dispute prefer to have their dispute determined by the Pensions Ombudsman rather than the court.
Option to renew contract of services containing restraint cause validly exercised, celebrity barred from engaging with competitor download
The Supreme Court of New South Wales has enforced a contract of services between a television network and a celebrity talent judge to prevent the celebrity from working for a competing network.
Two members of Outer Temple Chambers have assisted an Australian national to obtain a significant award before the First-Tier Tribunal (Criminal Injuries Compensation).
Stephen Climie and Ben Bradley from Outer Temple Chambers have achieved a substantial CICA award for an Australian national.
Outer Temple Chambers barrister John McKendrick is acting for the local authority in a case before Mrs Justice Eleanor King, sitting in the Court of Protection.
The Department for Communities and Local Government has (almost) confirmed its plans for amendments to Part L of the Building Regulations (Conservation of Fuel and Power).
The High Court has decided that a contractual payment due as compensation on early termination of Henning Berg’s fixed-term contract by Blackburn Rovers Football Club was not a penalty and was enforceable. In a recent claim brought against Blackburn Rovers Football Club by Henning Berg, its manager, the High Court decided that…
The First Circuit Court of Appeals recently became the first federal appellate court to hold that a private equity (PE) fund can be a ‘trade or business’.
All UK employers will be required to auto-enrol eligible workers into a pension scheme and make mandatory contributions, in a process staged over several years.
Pensions update — August 2013 download
The August 2013 issue of Nabarro’s Pensions Update is available now.
Phoenix companies: prohibited names download
When a limited liability company fails and a director of that business continues to trade under the same or a similar name after its failure, there is often disquiet.
A cross-practice team from Pillsbury has advised Atlas Copco in its agreement to purchase Edwards Group.
Peter Wyckoff and Jeffrey Knight, Washington DC-based environmental partners at Pillsbury, have represented the National Association of Clean Water Agencies.
Patent litigator Steven Moore has joined Pillsbury as a partner in the San Diego intellectual-property practice.
Pillsbury has been named by the Chevron Law Function as a recipient of its ninth annual Law Firm Diversity Recognition Award.
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 leading dispute resolution method is court litigation. In civil and commercial matters, the Luxembourg judiciary system is broadly adversarial.
The Full Federal Court has unanimously upheld ASIC’s appeal against the approval of the settlement of the Storm Financial class action against Macquarie.
The Affordable Care Act has encouraged substantial consolidation within the health care industry, causing a frenzy of acquisitions.
'Princess of the Stars': Amlin Corporate Member Ltd & Others v Oriental Assurance Corporation download
At a trial of the action, Mr Justice Field held that there had been a breach of the typhoon warranty.
US private equity firm Bain Capital has recently acquired an 80 per cent stake in blood products company Plasma Resources UK for £230m.
Procurement — a case law update download
This note is a reminder of the time limits within which challenges under the Public Contract Regulations 2006 may be brought.
The suite of new Procurement Directives dealing with public contracts and utilities and concessions is the subject of increasing activity in Brussels as the process of enactment gathers momentum.
In May 2013, the Cabinet Office published a short procurement policy note called ‘Procurement for growth: a recipe for success’.
Unfortunately, an increasing number of homeowners are finding that they are victims of property fraud.
Since the multimillion-dollar collapse of Banksia, Australian finance companies are facing substantially tougher regulation than is presently in place.
Proposed changes to the Employer Debt Regulations risk missing opportunity to facilitate corporate restructurings download
The Employer Debt Regulations provide the detail about debts that become due from employers that exit from underfunded defined-benefit pension schemes.
Do solicitors who help their clients out by providing finance during litigation expose themselves to non-party costs orders? Two Court of Appeal decisions provide guidance.
NHS England is proposing a root-and-branch overhaul of the incentives, rewards and sanctions currently imposed on providers of NHS services under the NHS Standard Contract.
Allen & Overy LLP has appointed real estate specialist Jochen Scheel as a partner in its Frankfurt office.
Recent decision reinforces the importance of perfection under the Personal Properties Securities Act 2009 download
On 27 June 2013, judgment was given on the matter of Maiden Civil v Queensland Excavation Services, a case that dealt with priorities under the Personal Properties Securities Act 2009.
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.
Credit Suisse has had a finding made against it by the tribunal for direct age discrimination in relation to an experienced retail analyst.
The Fair Work Commission (FWC) has found an employer’s continuing unreasonable refusal of an employee’s request to work part time was ‘inimical’ conduct constituting constructive dismissal.
The key points of lease agreement registration and transcription procedures.
MOLITOR presents part two of its newsletter, which includes relevant information on how to comply with the obligation of transcription under Luxembourg law.
The UK Intellectual Property Office has ruled that Nestlé can not protect the shape of its four-finger Kit Kat bar under trademark.
DLA Piper has released the third edition of Renewable Energy in the Asia Pacific. This edition provides a comprehensive renewable energy profile for 15 countries across the region.
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 introduction in the present tax year 2013–14 of a new comprehensive statutory test for residence is an enormously significant step for HMRC to take.
We live in an environment where new allegations of fraud arise daily or where the press announces that fraudsters are using new technologies to ‘clone, phish, spoof or pharm’.
In Bate v Aviva Insurance UK Limited the court considered the rejection of a claim brought by an insurance industry loss assessor under a domestic buildings and contents insurance policy.
Shanghai Higher People’s Court has issued guidelines following controversial China State IP Office’s draft regulations last year.
The Fair Work Act 2009 provides significant rights of entry for unions and potentially provides unions with a powerful recruiting weapon.
Rihanna image infringed by Topshop download
The High Court has ruled in favour of pop star Rihanna against clothes retailer Topshop, which used an unauthorised image of her on some of its T-shirts.
Rihanna has won her High Court case against Topshop over their sales of t-shirts bearing her image.
In this decision, recently retired Justice Gray of the Federal Court of Australia found that the selection of an academic for redundancy was unlawful adverse action
Robin Barclay has joined Outer Temple Chambers’ financial crime and regulatory enforcement group.
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).
DLA Piper has appointed Ronan Mellon as a partner in the structured finance team in the firm’s London office.
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.
Last week’s announcement that the US Justice Department has charged a company with criminal insider trading has left the global hedge fund and banking industry reeling.
The OECD has released a revised version on the use of safe harbours in its Transfer Pricing Guidelines. This is welcome news for taxpayers.
In the business of dealing with the sale and purchase of dental practices there are hurdles to jump, the most important of which is the effective transfer of the interest in a GDS contract.
On 19 July 2013, HM Treasury published a consultation on a new fiscal regime for shale gas.
In this issue of our bulletin we analyse the possible consequences of the non-payment of an ocean freight.
Shoosmiths has advised McKay Securities plc on its freehold acquisition of Columbia House, Farnborough.
A recent High Court case has confirmed that landlords of licensed premises can use shadow licences to protect their position.
The number of sick days taken in the UK has dropped to a record low, according to a recent survey.
Whistleblowing has been a hot topic in the NHS. The Enterprise and Regulatory Reform Act 2013 will make significant changes to our whistleblowing legislation.
Sintons has been shortlisted in two categories of the Insider North East Dealmaker Awards.
Propertology is the study of all things property related. There is no land registry in Guernsey, so we need to consider the title and any plans not only of the target property but also that of every neighbour.
Troubled times, when the cost of living rises while wages and the public purse are being squeezed, can produce some interesting attempts by debtors to avoid paying their dues.
The Court of Appeal has recently decided cases on two issues that are fundamental to the practice of a solicitor: limitation and the enforceability of settlement terms.
The Spanish Professional Football League has opened an investigation into the recent match of the second division for possible case of match-fixing.
Online gambling is nothing new, but the levels of intrusion into Friday-night football was getting too much for many Australians to handle.
Start-up fund managers in the UK download
Any person who carries on a regulated activity in the UK by way of business must be authorised by the Financial Conduct Authority or be exempt.
The Arms Export Control Act requires the registration of brokers of defense articles and defense services, pursuant to regulations currently published in the International Traffic in Arms Regulations (ITAR).
On 16 July 2013, the States of Jersey (the island’s parliament) passed an amendment to the Trusts (Jersey) Law 1984.
Stephenson Harwood has advised Soma on its agreement with the Somalian government to assist in the development of the country’s hydrocarbons sector.
Losses under a programme of excess liability insurance are sometimes prioritised in order to maximise the potential insurance recoveries under the programme.
The courts have given guidance on the use of survey evidence in the context of trademark proceedings. But what about passing off proceedings?
Following the surprise doping scandal involving Godolphin stables in Newmarket, Sheikh Mohammed Bin Rashid Al Maktoum has moved swiftly in response to the findings of the BHA.
Chevalier & Sciales has created a treaty table to provide you with an accurate and updated view of Luxembourg double tax treaties in force or currently pending.
Takeover Code amendments — profit forecasts, quantified financial benefits statements and material changes in information download
The Code Committee of the Takeover Panel has published amendments to the Takeover Code to provide clarity to ‘offerors’ and ‘offerees’.
Representative offices of foreign companies in Ukraine have historically been a favourite target of the Ukrainian tax authorities.
Taylor Wessing has acted for a bank on transactions including the financing of the acquisition and refinancing of two bulk carriers by a shipping company.
Taylor Wessing has advised SGSB Group Ltd on its acquisition of KSL.
Taylor Wessing has advised a ship financing bank that is helping an issuing house to incorporate several ships from a closed fund into a new company.
Taylor Wessing has relaunched its shipping practice.
Here are 10 key questions to help you understand if, and how, you will be affected by the European Market Infrastructure Regulation.
The decision to dismiss an employee is an area of the employment relationship that requires an understanding of a wide range of legislative and other obligations of an employer.
A recent case has highlighted the pitfalls of failing to make any settlement offer ‘subject to contract’.
The General Anti-Abuse Rule (GAAR) was introduced in the Finance Act 2013 to counteract ‘tax advantages arising from tax arrangements that are abusive’.
The Copyright and Duration of Rights in Performances Regulations 2013 will come into force on 1 November 2013.
The law surrounding defamation has always had a unique standing among civil proceedings in England and Wales.
The end of chancel repair? download
A key date in the conveyancing diary is 13 October 2013.
The new Brussels Air, Climate and Energy Code (the COBRACE) was published in the Belgian State Gazette on 21 May 2013.
The main piece of legislation concerning antitrust matters in Serbia is the Competition Law (2009). The law is modelled after EU competition law and practice.
The ECJ has ruled on the requisite of the ‘genuine use’ of a registered trademark and on the importance of colour in assessing the likelihood of confusion between two trademarks.
DLA Piper has released the latest issue (Volume 2, No. 15) of The Financial Report.
The ruling made last month by the UK Intellectual Property Office that Nestlé could not protect the shape of its four-finger Kit Kat bar under trademark was remarkable for a number of reasons.
The first half of 2013 has seen many announcements in relation to changes expected in the employment law arena.
The long arm of the law — freestanding Mareva injunctions and clarification from the Court of Appeal download
On 4 June 2013, the Cayman Islands Court of Appeal delivered its judgment in VTB Capital PLC v Universal Telecom Management.
The Pensions Regulator has issued an amended ‘section 89 report’ on the extent to which it can look back to before when it was granted its moral hazard powers when deciding whether to use them in any case.
The Pensions Regulator issues a new draft code of practice on DC trust-based occupational pension schemes download
The Pensions Regulator has laid before Parliament the final draft of a code of practice for trust-based DC pension schemes.
The protector's right to indemnity download
Both the Isle of Man and Jersey courts have recently considered the office of protector and the protector’s right to indemnity.
As publicly funded bodies, both academy trusts and governing bodies of maintained schools will need to comply with the provisions of the Public Contracts Regulations 2006.
The safety net consists of the 10 National Employment Standards and modern awards and sets the minimum terms and conditions of employment for employees in the federal system.
The Haifu Case caused the private equity industry consternation until a clarifying judgment from the Supreme People’s Court of China in December 2012.
Pillsbury’s Thomas Shoesmith has participated in a roundtable discussion on the status of global mergers and acquisitions work.
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.
In a construction context, arbitration is a common dispute-resolution mechanism agreed to by parties to resolve disputes arising under their contract.
Totò defeats Popolo delle Libertà download
The Civil Court of Bari admitted that Liliana De Curtis, Totò’s daughter and legal heir, was right to act against PDL for her father’s personal identity offense.
Is a TUPE transferee bound by terms of employment that are collectively negotiated following the transfer, but where it is not a party to the negotiations?
A new discussion paper published on 15 July by DBIS contains some radical proposals relating to the duties and liabilities of company directors.
In the recent case of Bangura v Southern Cross Healthcare Group Plc, the cconsidered the question of whether an employee could be protected by Transfer of Undertakings (Protection of Employment).
In the absence of evidence as to why security should not be enforced against a company in administration, a court will generally be minded to grant permission to enforce.
Ince & Co has released its latest update on UK anti-corruption measures.
On 14 August, the Serious Fraud Office (SFO) announced that four men connected to Sustainable AgroEnergy plc have been charged with offences of conspiracy to commit fraud.
UK employment law reforms 2013 download
There are a number of important reforms being made to UK employment law this year, largely due to the enactment of the Enterprise and Regulatory Reform Act 2013.
On 25 June 2013, the Enterprise and Regulatory Reform Act 2013 introduced a number of key changes to the existing whistleblowing legislation.
The UK government has launched a new copyright hub to make it easier to access information about rights ownership and copyright licences.
UK government publishes response to consultation on proposed system of ACAS Early Conciliation download
The UK government has published its response to the consultation on the proposed system of ACAS Early Conciliation, which is due to come into force on 6 April 2014.
UK government sets out its support for energy intensive businesses ahead of Electricity Market Reform
The Department for Business, Innovation and Skills has issued a consultation on the eligibility for exemptions for energy intensive industries from the costs of Contracts for Difference.
The UK Information Commissioner’s Office (ICO) has issued a new Code of Practice on dealing with Subject Access Requests (Code).
UK Supreme Court adopts pragmatic approach to alternative methods of service for service outside the jurisdiction download
The Supreme Court has upheld a High Court decision granting the appellant permission to serve a claim form outside of the jurisdiction.
The UK Supreme Court has overruled the Court of Appeal and held that held that the cost of complying with a Financial Support Direction or Contribution Notice was not to be classed as a ‘liquidation expense’.
It will be interesting to see what effect the latest changes to the UK Takeover Code have on takeovers.
On 1 September 2014, criminal liability of legal entities will be introduced in Ukraine.
The recent case of Benedetti v Sawiris and others is a valuable reminder of the key principles of restitution and unjust enrichment.
This briefing note is intended to provide guidance to insolvency practitioners who wish to consider whether to seek repayment on behalf of the company of dividends paid to shareholders.
Update on disclosure reforms download
Here we provide a brief update on disclosure reforms relating to hedge funds and other retail-structured products that are deemed to be complex.
DLA Piper has prepared a series of frequently asked questions to explain the basics of the FATCA registration website.
When embarking on litigation, it is not uncommon for parties to overlook that documents filed with the court may (and often do) become public.
Walker Morris insolvency lawyers have successfully defended a major Court of Appeal case for the joint administrators of Vowden Investments.
Walker Morris lawyers have acted on behalf of FCC Environment UK in the Court of Appeal to defend a legal challenge to the planning permission for its EfW facility at Greatmoor.
Walker Morris will be attending and exhibiting at the 2013 APSE annual seminar and exhibition at St George’s Hall, Liverpool, on 4–5 September 2013.
Wall Street Journal publishes new exposé on PODs; hospitals continue to adopt anti-POD policies download
The latest piece by John Carreyrou describes the potential patient harms that can result when surgeons have a financial interest in the implantable medical devices that they order for their own patients via ownership in a physician-owned distributor (POD).
The Walloon government has adopted a (first reading) draft to amend the Current Soil Clean Up Statute.
What adjustments does an employer need to make to its absence policy for a disabled employee? download
The Employment Appeal Tribunal has recently considered how an employer might make allowances for disabled employees when applying its sickness absence policy.
The years since the global financial crisis have seen a level of opprobrium cast upon IFCs that is unprecedented in its sustained nature and its breadth of political support at the highest level.
What happens to a damages award for patent infringement when the patent is later revoked or amended?
The Supreme Court has held that where a patent is valid and infringed, the defendant is entitled to rely on the revocation or amendment on the inquiry to damages.
What you need to know about the proposed new edition of ASX’s ‘Corporate Governance Principles and Recommendations’ and associated changes to ASX Listing Rules download
ASX is consulting on a two-staged update to its corporate governance policies. Two consultation papers have been released, with the consultation period for both closing on 15 November 2013.
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.
Two recent decisions have made findings of unfair dismissal where employees had been dismissed for comments made on social-networking sites.
Employees sometimes argue that what the employer considered a discretionary benefit has become a binding term of their employment contract through custom and practice.
Employers would be wise to stay alert to what can constitute ‘blowing the whistle’, particularly given the recent and upcoming changes in the law.
A recent High Court decision shows the importance of finalising the documentation before beginning work on a project, in this particular case for software development.
Substantial reforms to the UK competition regime present an array of unanswered questions and may even be unworkable in practice, writes Stephenson Harwood partner Marta Garcia.
Employment partner Sue Kelly was featured on BBC News 24 on 5 August, discussing employer’s use of zero-hour contracts.
Winckworth Sherwood Partner Nikki Lynds-Xavier has been quoted in an article on bedroom tax in Residential Property Investor magazine.
Winckworth Sherwood solicitor Barbara Paul-Roberts has retired after 38 years with the firm.
Working Mother has named DLA Piper as one of the 50 best law firms for women, recognising the many programmes it offers to attract, retain and promote talented female lawyers.
The Insolvency Service and the Department for Business, Innovation and Skills have published consultations proposing amendments to the regulations affecting insolvency practitioners.
Vince Cable thinks zero-hour contracts are being abused and has announced a review of their use.
Zero-hours contracts — is time up? download
Growing public concern over zero-hours contracts has led the UK government to review their use. What does this mean for companies that employ staff on such contracts?
We’re aware that many LND readers come from an era when you could get into a very reputable university without needing A level results that beat the UK’s current credit rating. So pity the generation of today, for whom anything less than a perfect score potentially scuppers an offer from a top uni.
“There is only one thing in life worse than being talked about, and that is not being talked about,” said Oscar Wilde. It’s a motto that must be prominently displayed in the press department of Bond Dickinson, reminding the firm that being compared to Chuck Norris and a purring wolverine (yes, these are real comments) is better than not being talked about at all.
It is often said that the dawning of a new financial year is like starting back at the bottom of a mountain. The previous year’s summit has been reached, the accounts have been filed and any glory (or disappointment) is in the past. Now it’s back to square one.
Here is an interesting statistic for you: the number of people making a change of career mid-stream is on the up. In 2009, 14 per cent of students enrolled on the graduate diploma in law conversion course at the University of Law were career changers. Three years on and this figure has risen to 20 per cent.
So, BLP’s private equity rainmaker Raymond McKeeve is off to Jones Day. According to BLP he’s making the move alone. The Lawyer understands McKeeve was in different discussions with at least one other firm before. The big speculation in the market - which has been predicting this move for six months - is what size of team he might end up with.
US firms are proving to be London’s legal Lothario. Whichever big name is on the market, these lot are first to the bar with their seductive salaries and Wall Street swagger.
People normally leave their cash to relatives, animal sanctuaries or their cat. Not the Government. But the Tories and Lib Dems had to return a £520,000 donation to the Treasury this morning after accepting money from a pensioner which may not have been for them.
When a big merger happens, questions are raised about whether the enlarged firm is really going to stay committed to all of its offices. In the case of Pinsent Masons and Belfast, that talk started as soon as the merger between Pinsents and McGrigors was announced in February 2012
Good grief. Can’t you lawyers stay still for one minute? It’s supposed to be the summer holidays (for those jetting off via Heathrow, here’s our interview with the airport’s general counsel Carol Hui) yet many seem to think now is the time to find a new job, agree an international ...
For those in the commercial law arena, the arrival of US consumer law giant Jacoby & Meyers on these shores may not seem significant. But the firm’s plans to gain an ABS licence and acquire similar practices in the UK and Europe are another sign of the major change in the personal injury law sector.
Lawyers from defunct Challinors have been scattered across 14 practices around the country, including Weightmans, as the Midlands firm sank into the death throes of administration last week.
London City Airport has wrapped up a competitive tendering process that has seen four firms win favoured status with the business’s legal department.
Chinese legal giant Dacheng’s global reach is expanding at an ever-increasing pace. Not content with offices in New York, Los Angeles, Chicago, Singapore and Taipei, the 2000-lawyer firm just opened in Moscow. Will London be next?
Cleary Gottlieb Steen & Hamilton has taken the lead role for private equity house CVC Capital Partners as it finalises its acquisition of the European activities of the Campbell Soup company.
Allen & Overy (A&O) senior partner David Morley says the world’s top firms will need to reinvent themselves over the next decade if they are to remain competitive.
Addleshaw Goddard has forged an association with a newly-established Hong Kong firm, which has been launched by Minter Ellison’s head of litigation Nigel Francis and DLA Piper corporate partner Brett Stewien.
Insurance giant AIG is to reveal its new legal panel next month following a review of its Emea advisers.
Insurance broker Aon Risk Solutions has stepped into the breach following the news that XL Insurance and AIG intend to significantly reduce their market share in the solicitors professional indemnity (PII) market.
East Anglian firm Ashton KCJ is planning to overhaul its partnership structure, switching from a two-tier partnership to an all-equity partnership model with a modified lockstep system.
Dickson Minto is understood to be advising long term client BC Partners on the flotation of estate agency Foxtons, which is expected to raise as much as £400m.
Ashurst has moved a step closer to launching in Korea after hiring partner John Kim from Korean firm Yulchon.
All the latest partner hires and other appointments within firms and offices in the Asia Pacific region.
All the latest partner hires and other appointments within firms and offices in the Asia Pacific region.
All the latest partner hires and other appointments within firms and offices in the Asia Pacific region.
Baker & McKenzie’s newly-expanded United Arab Emirates offering is eyeing up expansion into the Dubai International Financial Centre (DIFC).
Fancy taking a peek at the impact a seriously heavyweight approach to business support can have? Take a look at Baker & McKenzie’s most recent financial results. They are record breaking, and a good deal of that is thanks to the long-standing approach the global firm has taken to its client programme, at the core of which is ranks upon ranks of highly trained professional support specialists.
Baker & McKenzie has unveiled its 2012/13 financial results, posting a record global turnover along with double-digit growth in average profit per equity partner (PEP) for the financial year ending 30 June.
Weil Gotshal & Manges’ head of litigation Matthew Shankland, the partner who represented the Barclay brothers in an ownership spat over London’s Maybourne Hotel Group, has left the firm for Sidley Austin.
The website which shot to fame last month with its ranking of the hottest male barristers in London now contains listings of the most attractive women at the bar.
Bindmans and Matrix Chambers have secured a partial injunction limiting the examination of documents seized from a Guardian journalist’s partner held at Heathrow Airport under anti-terror laws.
Bircham Dyson Bell has brought all of its partners into the equity in a bid to improve partner engagement and make the firm more attractive for lateral hires.
The exit of private equity heavyweight Raymond McKeeve has put the spotlight on Berwin Leighton Paisner’s corporate group. What’s next for the firm?
If law firms had their own dating website, Dickinson Dees and Bond Pearce would prove love at first byte. Never mind the fact that geographically the firms are almost mirror-images – Bond Pearce in the South West and Dickinson Dees in the North East – when it comes to financials this is as close a marriage of equals as you can get.
Bond Dickinson has confirmed that up to 7 per cent of its support staff will be made redundant following a consultation process which began in July, The Lawyer can reveal.
Bond Dickinson has unveiled combined turnover of £98.3m since the merger between Dickinson Dees and Bond Pearce went live on 1 May.
Italian firm Bonelli Erede Pappalardo is relocating banking and finance partner Giuseppe Sacchi Lodispoto from Milan to London in a bid to strengthen the firm’s international offering.
It’s the biggest public company merger of 2013 so far, and it is making serious waves. Five firms including Latham & Watkins and French outfit Darrois Villey Maillot Brochier have won roles advising on the merger of the world’s second and third largest ad agencies. The tie up of America’s Omnicom Group and France’s Publicis Groupe will create a $35bn company, overtaking WPP as advertising’s top dog.
How significant is the SFO’s first Bribery Act prosecution?
Brick Court Chambers, one of London’s most prestigious sets, has been joined by Scottish advocate James Wolffe QC.
The name partners at Bristol-based Davis Wood are understood to be the executors behind the will of a pensioner who specified that all the proceeds of her estate were to be paid to ”whichever Government is in office.”
Bryan Cave has hired Dentons partner Dan Larkin as a transactional partner in London.
Burness Paull has awarded a 5 per cent bonus to all its staff after hitting its profit targets following its December merger.
Hill Dickinson’s cash call, revealed on TheLawyer.com, follows a year of change at the firm. It has invested in new offices and teams, but at the same time has been cutting staff and divesting itself of offices. The cash call, designed to stabilise the balance sheet, comes alongside a restructure of the firm’s lockstep.
Canadian firm Gowlings has lost a two-partner IP team to the City office of US firm Pillsbury Winthrop Shaw Pittman.
Question: What’s better than headlining Glastonbury’s Pyramid Stage? Answer: A day at the police station.
The general counsel of West Yorkshire-based professional rugby league Castleford Tigers has joined ABS Brilliant Law as employment head.
Clifford Chance has missed out on a spot on Aviva’s new group and UK panel, following a similarly unsuccessful pitch for the insurance giant’s plc roster in April.
Clifford Chance (CC) yesterday hosted a conference aimed at helping undergraduates from some of London’s most deprived boroughs break into the law.
Charles Russell has opened its second Middle Eastern office in the Westbay district of the Qatari capital Doha.
Robert Lewis continues analysing Asian rankings.
Robert Lewis continues analysing Asian rankings.
Clarke Willmott and Cartwright King have acquired teams from Midlands-based Challinors as administrators dispose of the firm’s remaining files.
Cleary Gottlieb Steen & Hamilton has waded back into the fray for Ryanair after the airline was told to slash its stake in rival Aer Lingus to 5 per cent by the UK Competition Commission (CC).
Clifford Chance advised longterm client Montagu Private Equity on the £438m sale of the Host Europe Group to Cinven.
CMS Cameron McKenna has re-appointed former partner Martin Brown to its banking and international finance team, a year after Brown left the firm for Ashurst.
The Court of Appeal will decide whether Andrew Mitchell MP can reverse a High Court decision that the cost of his libel action against The Sun should be restricted to the cost of the court fees for the claim.
Partner benefits among the UK’s top 50 law firms include allowances for new luggage, cash for spouses and an on site GP, new research by recruitment consultancy Sainty Hird & Partners claims today.
Co-operative Legal Services’ ABS - the first ABS to hit the marketplace - has revealed a bleak financial performance for the first half of 2013 with losses of £3.4m.
Weil Gotshal & Manges has led a successful application to the High Court to clarify the right of clients of MF Global UK to claim money from the general estate of the collapsed broker.
Cross-border data transfers are not only frequent, but often crucial components of everyday business.
Capsticks has poached a five-partner team from DAC Beachcroft’s health practice in Leeds, with the planning to join the firm in 2014.
Chinese giant Dacheng has opened a branch office in Moscow, making it one of the first Asian firms to have a base in Russia.
Shopping centre owner McArthurGlen has appointed RPC as its primary legal adviser for its commercial contracts work.
Firms’ efforts to promote gender diversity in the profession appear to be failing, with the proportion of partners who are women falling at half of the UK top 20.
DLA Piper’s former Singapore managing partner Matthew Glynn has resigned from the firm, making him the second former office leader to leave so far this year.
Volatility in the Middle East continues, but contrary to expectations, firms that have invested in the region are not necessarily scaling back. The Gulf states are continuing to attract interest from Western firms, as Baker & McKenzie’s latest initiative demonstrates. Getting a larger footprint in the UAE is still a strategic necessity.
DWF has hired partner Toby Askin to head its real estate practice in London and Birmingham.
Litigation boutique Edwin Coe has launched a five-year growth plan focused on increasing turnover, setting its sights on becoming a £25m firm by 2018.
DENVER – (July 25, 2013) – ESI Attorneys, a Denver-based law firm with a focus in eDiscovery ...
All the latest partner hires and other appointments within Continental European firms and offices.
A former Allen & Overy projects specialist associate has taken over the top in-house slot at Saudi Arabian energy generator ACWA Power.
A former client of financially struggling Midlands firm Challinors has slapped the practice’s senior partner with a bankruptcy petition.
Washington DC-based intellectual property firm Finnegan Henderson Farabow Garrett & Dunner, commonly known as Finnegan, is to relocate its Brussels office to London by the end of this year.
Construction and energy specialist Fenwick Elliot will launch an office in Dubai early next year, after announcing dramatic increases in profit and revenue.
The English arm of a Spanish law firm is battling head-to-head with a London niche practice in a bid to act for claimants aiming to declare void holiday property mortgages they say they were hoodwinked into buying.
Cornish-headquartered Follett Stock has agreed a settlement with solicitor Kate Baker, who accused managing partner Chris Lingard of bullying her while she worked at the firm.
When Bond Pearce and Dickinson Dees announced they were in merger talks last year it seemed like the ideal merger of equals, after the firms produced almost identical financial results in 2011/12. This week the merged Bond Dickinson has released 2012/13 figures, bringing the combined outfit into the UK top 40.
Former Hong Kong partner of K&L Gates, Navin Kumar Aggarwal, has been sentenced to 12 years in prison after pleading guilty over a HK$8bn (£665m) fraud and money laundering scheme to cover his gambling debts in Macau.
SGH Martineau has appointed Emma Shipp, the former head of legacy outfit Sprecher Grier Halberstam, as overall managing partner.
Banking giant Barclays has named the former general counsel of Pittsburgh-headquartered PNC Financial Services Group, Bob Hoyt, as general counsel.
Freeth Cartwright is eyeing expansion into Leeds after several years of growth through merger and lateral hires.
The bar is the preserve of tradition in the profession, but increasingly barristers are being forced to compete with their solicitor counterparts.
Cash is king, but not all firms are heeding the adage.
Gibson Dunn & Crutcher has turned to Skadden Arps Slate Meagher & Flom for the hire of litigation and arbitration partner Penny Madden in London.
Yorkshire firm Gordons has triumphed in an application for judicial review of the site where the remains of King Richard III will finally be interred.
German firm Hengeler Mueller is relocating private equity partner Steffen Oppenländer to its London office to boost its offering in the City.
The High Court has told the former chief whip Andrew Mitchell MP that the cost of his libel action against The Sun will be restricted to the cost of the court fees for the claim.
Hill Dickinson has issued a £2.8m cash call to its partners to stabilise its balance sheet after a year of heavy investment.
Hill Dickinson’s Sheffield head of commercial litigation Giles Searby is set to leave the firm in favour of local outfit HLW Keeble Hawson, but the firm is bolstering its Manchester fraud team with a hire from Keoghs.
Hill Dickinson has obtained the approval to launch an office in Hong Kong and enter into an association with a local firm.
Hogan Lovells’ David Harris on why the firm’s lack of growth is no terrible thing.
Manchester-headquartered insurance firm Horwich Farrelly has appointed Allianz Global Assistance UK (AGA UK) chairman Mike Webb to its board in a bid to forge deeper relationships with the insurance industry.
Costs budgeting in libel cases is being tested
Herbert Smith Freehills (HSF) and Linklaters have taken lead roles on the scheme of arrangement designed to compensate consumers who had been missold protection for credit card theft and identity fraud.
Herbert Smith Freehills’ (HSF) Asia disputes head Gavin Lewis is set to leave the firm for Linklaters.
What’s going on at Irwin Mitchell? Once known primarily as an insurance powerhouse, the firm has been busy setting out its new commercial stall under the banner of its ‘business legal services’ division.
Irwin Mitchell has picked up a new client with a role alongside Allen & Overy (A&O), Ashurst and Dechert on Wells Fargo’s acquisition of part of the £4bn Hypothekenbank Frankfurt (formerly Eurohypo) real estate loan book from Commerzbank.
Berwin Leighton Paisner’s global private equity head Raymond McKeeve has exited to join Jones Day.
JP Morgan litigation and government investigations lawyer, Michael Coyne, has left the bank to become general counsel of Union Bank and its holding company, UnionBanCal Corp.
K&L Gates’ Singapore office has taken a partner each from White & Case and Watson, Farley & Williams for its energy and corporate practices.
Kennedys has confirmed it is to merge with Scottish law firm Simpson & Marwick on 1 November.
The legal team at Kent County Council (KCC) have contributed over £3.7m to the council after announcing record profits for the 2012/13 financial year.
Keystone Law has been approved as an alternative business structure (ABS) by the Solicitors Regulation Authority and will convert to the new status on the 21 October 2013.
King & Wood Mallesons’ (KWM) Hong Kong office, the only fully financially-integrated arm of the two legacy firms, has moved to a unified human resources framework, including a single employee renumeration system.
SJ Berwin senior partner Stephen Kon, managing partner Rob Day and KWM global managing partner Stuart Fuller answer a few personal questions.
Kingsley Napley is the latest UK firm to put more emphasis on performance-based remuneration when determining its partners’ pay.
Kirkland & Ellis private equity partner Ross Allardice is set to join the London office of White & Case in a major boost for the US firm’s European private equity practice.
The world’s first lab-grown burger has been cooked and eaten at a news conference in London. Yum. Perhaps in the year 3000 scientists will be busy cloning people, something the London office of Kirkland & Ellis is almost certainly pondering this week as it watches its second partner in a month walk out the door to a US rival.
Seoul-based Jipyong Jisung is advising a consortium led by Incheon International Airport Corporation, which has won the $1.1bn bid to build a new international airport near Yangon.
JP Morgan has retained three leading regulatory and litigation firms in China, Hong Kong and the US to assist it as the US government investigates allegations of bribery connected to the bank’s hiring practices in Hong Kong.
Having ploughed through hundreds of shareholder documents, The Lawyer can finally reveal its analysis of public M&A legal fees for the first half of 2013.
Leading Warwickshire law firm enhances 200-user workflow process with an “enterprise” installation by SpeechWrite
Renowned in the Midlands for its full service legal offering, Wright Hassall is the largest and oldest established law firm in Warwickshire, incorporating 230 staff at their Leamington Spa offices. Established in 1846, the firm acts for a diverse range of regional and national clients and constantly strives to improve the quality, efficiency and effectiveness of everything they do - with teamwork central to their success.
Leigh Day has filed an employment tribunal claim on behalf of a Sports Direct employee employed on a controversial ‘zero hours’ contract.
LONDON, 01 August 2013 –LexisNexis® Enterprise Solutions (www.lexisnexis-es.co.uk), a leading provider ...
SGI Legal has bought the personal injury files of failing Midlands firm Challinors, the Liverpool-based firm announced this afternoon, amid suggestions that other parts of the struggling practice would be off-loaded in the next few days.
The importance of London as a hub for European firms’ work has been underlined in the past few months, with several firms rejigging or strengthening their base in the City.
Summer has hit Europe. But as offices empty across the Continent and the recruitment market temporarily dries up, there’s still work going on.
South East firm Matthew Arnold & Baldwin (MAB) has reported a 57 per cent jump in average profit per equity partner (PEP) for the 2012/13 financial year, rising from £390,000 to £616,000.
Macfarlanes has made its third lateral hire in under a year, picking up Ashurst construction head Ann Minogue.
Nordic firm Magnusson has appointed Nikolaj Juhl Hansen as the managing partner of its Copenhagen office, succeeding Lars Jørgensen.
Nordic firm Magnusson has hired the general counsel of Sweden’s biggest publishing house Bonnierförlagen to head up its IP and media practice in Stockholm.
Maples and Calder litigation Colin McKie has been appointed as a QC in the first round of silk appointments in the Cayman Islands for three years.
The Master of the Rolls Lord Dyson is expected to decide whether the former chief whip, Andrew Mitchell MP, can break a costs order restricting his legal spend on a defamation claim against The Sun to £2,000.
Matrix Chambers’ Matthew Ryder QC has been instructed to challenge the detention of the partner of Guardian journalist Glenn Greenwald, David Miranda, under the Terrorism Act.
Breedy Henderson partner Rosalyn Breedy has joined Forsters and wrapped up the niche private wealth practice she founded in the process.
Media tycoon Richard Desmond has turned to 4 Stone Buildings’ George Bompas QC in a multi-million claim against banking giant Credit Suisse.
Downers Grove, IL – July 23, 2013 – Microsystems, a leading provider of software and services that drive document quality, production efficiency and risk mitigation, today announced that the foremost agreement checking solution,
Despite the draw of Asia and Africa, Europe continues to be a key focus for many Anglo-Saxon firms – and the past fortnight has demonstrated this perfectly.
The past year has been filled with high anticipation that opportunities would be created by Myanmar’s political reform and the opening up of its legal market to the outside world. The sense of opportunity has also driven many firms to open up shop or form an association there. Stephenson Harwood, Rajah & Tann,
King & Wood Mallesons has hired the former general counsel of China’s national basketball league.
Accident claims company Helphire Group has given its backing to a barrister-led alternative business structure specialising in road traffic accidents (RTA).
Baker & McKenzie has never been one to rest on its considerable laurels. The paint on the door of the firm’s merger with Abu Dhabi and Dubai-based Habib Al Mulla & Co, which went live on 1 July this year, has barely dried before Bakers began looking to capitalise on its newly-expanded UAE offering.
Ooredoo, one of the two winning bidders for Myanmar’s hotly contested foreign telecommunications licences, has appointed Norton Rose Fulbright and Australian boutique firm…
Newly-merged book publishing company Penguin Random House has appointed Penguin Books’ HR and legal director Helena Peacock to the new role of group legal director in the UK.
How are firms preparing?
Macfarlanes, Peters & Peters and Taylor Wessing will do battle with Herbert Smith Freehills in a multi-million pound case that pitches the NHS against pharma giant Reckitt Benckiser Group in January.
Pinsent Masons has retained its lead at the top of the most recent Aim rankings, with an increase of seven clients since the last quarter of 2012.
The scores are in, and it is the same faces at the top of last quarter’s Adviser Rankings Aim tables by number of clients. In fact, the top four has remained unchanged since July 2011 when offshore firm Carey Olsen bumped Eversheds into fifth place, hunkering down alongside longstanding top three Pinsent ...
Pinsent Masons has lost three more partners in Belfast, including employment partner Adam Brett and corporate partner Richard Gray, just months after a duo quit for local firm Carson McDowell.
A Newcastle law firm that claims to have won billions of pounds for female public sector workers in equal pay cases is to close at the end of next month as its English caseload has dried up.
The Metropolitan Police have questioned Linklaters litigation partner John Turnbull on behalf of News UK as part of the ongoing phone hacking investigation.
Prolexic, the global leader in Distributed Denial of Service (DDoS) protection services, announced today that its secure socket layer (SSL) key sharing tools allow customers to maintain control of their SSL keys at all times, while making it easier for Prolexic to detect and stop encrypted Layer 7 (application layer) DDoS attacks.
Quinn Emanuel Urquhart & Sullivan has opened its third office in Germany, launching in Munich with the firm’s Mannheim-based patent litigation partner Marcus Grosch.
Lloyds Banking Group has unveiled the name of its general counsel for group legal, parachuting corporate and M&A head Hugh Pugsley into the role in the latest in a series of senior legal management moves.
Mayer Brown partner Sarah Byrt discusses Rihanna’s passing off case against Topshop…
Fixed-fee outfit Riverview Law is aiming to double in size by recruiting 100 more staff with the firm trumpeting a round of fresh instructions from top corporations, the practice announced today.
Leading solicitors Roythornes has chosen the QlikView Business Discovery platform from IT specialist Informance to help the firm improve the speed and quality of its management information and use business discovery technology to communicate the firm’s key performance indicators (KPI’s) with real impact.
Reynolds Porter Chamberlain (RPC) has lost two members of its insurance practice, including reinsurance chief Simon Kilgour and partner Jason Bright.
Midlands firm Challinors is likely to be sold within the next fortnight, the new insolvency team administering the practice has told The Lawyer.
DWF Biggart Baillie has lost two commercial property partners to 38-partner Scottish firm Brechin Tindal Oatts (BTO).
Shoosmiths has hired a team of eight lawyers from collapsed Midlands firm Challinors, but the firm’s administrators have confirmed the loss of 46 jobs.
Barristers are to show off their hidden talents at an Inner Temple’s Got Talent event in November, with a magic circle magician the first to sign-up.
Speechly Bircham has hired SJ Berwin consultant Victoria Younghusband, who joined as a partner in the firm’s financial services and funds team on 1 August.
SJ Berwin has taken the lead on British Land’s latest real estate deal after the company won the bid to redevelop the Shoreditch Estate, leased by the City of London.
BlackBerry has turned to Skadden Arps Slate Meagher & Flom and Canadian firm Torys for advice on a review that could result in the sale of the business.
Australian listed firm Slater & Gordon has finalised its acquisition of Taylor Vinters’ Cambridge-based personal injury and Court of Protection practice.
Slater & Gordon has topped off a month of merger activity with the completion of a move into the Liverpool market through a tie-up with personal injury firm Goodmans Law.
Australian listed firm Slater & Gordon has announced a 10 per cent increase in UK turnover and the acquisition of UK personal injury practice, Fentons.
Slaughter and May is considering updating its traditional career progression structure and could expand the role of special adviser and consultants.
Circle Housing Group, the social housing provider for London and the South East, has kicked off a tender process for its legal panel worth up to £8m.
Squire Sanders has hired Addleshaw Goddard’s head of structured finance Mark Thomas for its London office.
National chambers St Johns Buildings has elected family silk Sally Harrison QC as head of chambers, following the appointment of Anthony Hayden QC to the High Court’s family division.
Stephenson Harwood, Macfarlanes, CMS and Hogan Lovells have won roles on Baker Tilly’s acquisition of debt-laden accountancy firm RSM Tenon Group.
Streamlining energy use via smart metering is essential for listed businesses now required to report on emissions data
12 August 2013 - From 1 October 2013 under new regulations all UK quoted companies (approximately 2,400 businesses) will have to report on the amount of greenhouse gases (GHG) they are emitting. According to Ian Wallbank, Head of Legal & Corporate Services at IMServ, the UK’s largest independent energy management provider, streamlining energy use via the use of smart metering is a critical part of the process.Ian explains, “The UK is the first country ...
Former Niederer Kraft & Frey (NKF) partner Edgar Paltzer has pleaded guilty to a single count of engaging in a conspiracy to committ offences against the US Internal Revenue Code.
Slaughter and May is looking at new ways of giving its associates attractive career paths, having realised that its partnership ranks are falling and not enough associates are coming through the ranks. The firm has traditionally been pretty good to its young lawyers, but are high pay and retention the be-all and end-all for the new generation?
The exit of Herbert Smith Freehills’ litigators is nothing new in London - partner Ted Greeno was the latest big-name departure back in March - but now that trend is spreading to Asia.
Liechtenstein-headquartered technology company Hilti is preparing to form its first-ever formal legal panel in the UK, with the aim of building commercial relationships with its external advisers.
Texas firm Andrews Kurth, one of the latest US oil and gas players to have targeted the UK market, has raided Chadbourne & Parke for a three-person arbitration team in London.
What benefits do you get at work? If you’re scratching your head with a free corporate pen, check out what some of your competitors get: money for new luggage, cash for spouses and an on-site GP.
Lawyers are rarely the first with the good news. But the petunias bloomed on the Garden of England this week after the legal team at Kent County Council (KCC) made the authority £3.7m.
Glasgow-based law firm Thompson & Brown Solicitors has created a fully paperless office and drastically increased workforce productivity following its adoption of Rise’s DataCenter on Demand (DCoD) technology.
Scottish firm Thorntons has strengthened its agriculture team with the hire of Morton Fraser partner Kenneth Mackay, the first lateral to be appointed to the group in the firm’s Edinburgh office.
Scottish firm Tods Murray has reported a turnover rise of 7 per cent to £12.6m between 2011/12 and 2012/13, with profits rising by a similar amount.
Northampton firm Tollers is contemplating a possible ABS launch for its consumer-focused arm as the firm reports a 69 per cent increase in its net profit for 2012/13.
DLA Piper managing partner Nigel Knowles on the prolific growth of the firm.
Busy day in the office? If it makes you feel better, poke a nose at Heathrow general counsel Carol Hui’s to-do list. Hui’s pint-sized legal team are doing stuff like defining the future of UK air travel, so stop the whinging.
UK lawyers are lagging behind their counterparts in the developing world when pay is compared to average gross domestic product (GDP) per capita, according to new research.
It’s A Level results week, and around the country thousands of students (and their parents) are thinking hard about the future. But with student numbers on undergraduate law courses up by 11 per cent and career opportunities in the profession contracting, is studying law really a safe option?
US consumer firm Jacoby & Meyers has enlisted the help of private equity boutique MJ Hudson to move into the UK market, with plans to acquire similar firms in the UK and Europe under an ABS banner.
Americans have long proved immune to Britain’s charms. Be it Jammie Dodgers or sarcastic humour, our love of pork pies, cups of tea and Mr Bean have failed to hit it big stateside. But one thing has US firms whetting their lips, and it’s not a puffed-up Yorkshire pudding cooked in beef dripping. It’s the prospect of gaining an ABS licence. Yum.
Walkers has picked up a partner from Maples and Calder in a boost for its Cayman islands investment funds team.
Withers has issued a cash call to its equity partners, with partners allegedly asked to pay out as much as £5,000 per point.
Sales people are a diverse lot; some are deeply averse to being labelled with the term ‘sales’ and others revel in living up to the associated stereotypes. From partners in law firms to field-based sales teams for IT companies, what they have in common is a business that’s dependent upon them to generate revenue.
McLean, USA – August 16 - Using its enhanced visual search technology, ZyLAB, a leading provider of eDiscovery and information management solutions, has located an additional set of more than 60 previously undetected items in the EDRM Enron PST Data Set that contain pornography, privacy, health and financial information. Responding to the invitation of EDRM, the leading standards organization for the eDiscovery and information governance market, to assist with an ongoing ...