Online February 2014
Giles Salmond has said that countries such as Luxembourg are likely to lose out when EU rules on VAT on e-commerce transactions come into force in 2015.
Eversheds’ James Batham has said that the British Retail Consortium’s recommendations for overhauling business rates will be welcomed by retailers.
The European Observatory has now launched its Enforcement Database. The database allows rights holders to upload information in relation to their trademarks.
The City of London Law Society Land Law Committee has produced a protocol for discharging mortgages of commercial property.
Soft-toy manufacturer Margarete Steiff’s Community trademark applications for its ‘button in the ear’ have been found to be devoid of distinctive character and not registrable.
The Department of Energy & Climate Change recently announced further revisions to the Consumer Credit Act 1974, as applicable to Green Deal plans.
The UK Crime and Courts Act 2013 has come into effect, making DPAs available to the director of the Serious Fraud Office and the director of public prosecutions.
‘Firms must put the interests of customers first’ warns the FCA as it hands down its largest ever retail conduct fine
Failings by insurance intermediary HomeServe have resulted in the company being fined £30.6m, the largest amount ever imposed by the Financial Conduct Authority for the retail sector.
Most companies in England will opt to list on the London Stock Exchange (LSE). But which market to choose?
DLA Piper analyses some of the key commercial and regulatory developments of the past year and provides some prognostications regarding the coming year(s).
This year looks set to be one of exciting change for industrial and provident societies — not least because their name will be changing to either ‘community benefit’ or ‘co-operative’ societies.
New research from Eversheds has revealed that a new breed of young lawyer is seeking to reform the legal sector.
Guy Ladenburg from Three Raymond Buildings (3RB) has acted as junior counsel in a case involving Stephen Davies QC.
Welcome to Taylor Wessing’s analysis of clean energy investment activity in the fourth quarter of 2013.
While companies own assets with millions of dollars of embedded software, few companies are maximising their property tax savings through the embedded software exemption.
Members of 7KBW have featured on both sides of the dispute in Glencore Energy UK Ltd v Cirrus Oil Services Ltd  EWHC 87 (Comm).
A bridge to Africa: Morocco is the place to be for companies and firms looking to gain a foothold in Africa download
Because of its undeniable political stability due to its monarchy, Morocco is uniquely positioned to play the geostrategic role of a regional power.
In a decision that will have members of the English Bridge Union choking on their morning Jaffa Cakes, HMRC has ruled that bridge is a game, not a sport.
A new leaf for LIBOR download
As of 1 February 2014, administration of the London Inter Bank Offered Rate (LIBOR) was taken over by ICE Benchmark Administration.
The Ninth Circuit has held that state and local governments lack the power to tax permanent improvements built on non-reservation land that is held in trust by the federal government.
As with 2013, there will be no rest for employment law advisers, employers and HR practitioners in 2014, with further legislative change on the agenda.
Mills & Reeve has brought together a round-up of some recent litigation cases that may be of interest to you.
A scheme with an identity crisis: Pi Consulting (Trustee Services) v the Pensions Regulator download
This case attracted a lot of media attention in the context of pension liberation.
At the beginning of the year, you may have been one of the many who made a new year’s resolution to eat healthily and get fit. The government has also joined in.
The claimant in this case was dismissed and relied on three emails as being protected disclosures in a claim of automatic unfair dismissal.
Allen & Overy (A&O) has advised Japanese carmaker Mitsubishi Motors on the reorganisation of its distribution activities in Germany.
Acas publishes final draft of statutory code of practice for handling flexible working requests and new non-statutory guidance download
Acas has published the final draft of the statutory code of practice that will govern the right to request flexible working. It is accompanied by a more detailed non-statutory guide.
ACH Shoosmiths has been appointed to the legal services panel of Dumfries & Galloway Housing Partnership.
Addleshaw Goddard has, for the first time, been appointed to a position on the core legal panel of Nationwide Building Society, a UK financial services provider.
According to a report by Addleshaw Goddard, the UK is too obsessed with home ownership and councils should focus on building homes for long-term private rent.
Adequacy of due diligence of investment advisers recommending alternative investments and their managers download
SEC issued a risk alert highlighting key observations from examinations of due diligence processes that investment advisers use to select alternative investments and their managers.
Adrian Keeling QC of No5 Chambers has prosecuted in Operation Springtide, a case that saw three men convicted of fraudulent trading at Stafford Crown Court.
In the Danish case of ATP Pension Service, the AG has stated his opinion that management services provided to DC pension schemes are VAT exempt.
The growing number of age discrimination cases offers a stark reminder to employers to think twice before basing any headcount reduction policies on age.
Agreement on the core rules of the second Markets in Financial Instruments Directive (MiFID II) download
The European Parliament and the European Council have reached an agreement in principle on updated rules for the market in financial instruments.
The date by which existing managers had to submit their authorisation/registration applications to the FCA has now slipped.
Alistair Schaff QC of 7KBW has appeared for financial services firm In Focus Asset Management in Clark v In Focus Asset Management.
Allen & Overy has advised Citigroup in its capacity as co-arranger with HSH Nordbank in relation to a secured refinancing transaction of HSH Nordbank.
Allen & Overy has advised the shareholders of Entelios on the sale of all shares to EnerNOC, a NASDAQ-listed provider of energy intelligence.
Allen & Overy has advised Xe-Pian Xe-Namnoy Power Company and its sponsors in connection with the $1.02bn 410MW Xe-Pian and Xe-Namnoy cross-border hydropower project.
Allen & Overy has advised JP Morgan Securities, Berenberg Bank, Deutsche Bank and Anoa Capital on the successful placement of €150m secured convertible bonds.
Allen & Overy has advised Rexam, a global beverage can maker, on the sale of the bulk of its healthcare business to Montagu Private Equity for $805m.
Allen & Overy has announced the election of Nick Wall as a partner in its Tokyo corporate and M&A practice.
Allen & Overy has announced the appointment of partner Aurélien Hamelle to the Paris dispute resolution practice.
Allen & Overy has bolstered its Spanish offering by launching an office in Barcelona — its second Spanish office — and hiring Spanish lawyer Antoni Valverde.
An emissions trading system (ETS) exists within the European Union, established by Directive 2003/87/EC.
On 29 April 2014, lawyers from Allen & Overy’s London office will hold a seminar examining the legal risks involved in using private investigators.
Allen & Overy has announced the promotion of 16 lawyers to partner across its global network in the Asia-Pacific, Europe, the Middle East and North America.
Allen & Overy has been recognised as the ‘Best Overall Law Firm in Islamic Finance’ for the third consecutive year at the annual Islamic Finance News Awards ceremony.
On 20 May 2014, Allen & Overy will host a seminar entitled ‘The quest for meaning: an overview of the law of contact — part one: interpretation’.
Lawyers from Allen & Overy are to hold a seminar for clients on business opportunities in Russia and the CIS, legal protections, risks and methods for resolving disputes.
Allen & Overy has continued to strengthen its position as a leading adviser in global debt and equity capital markets.
For the third year running, Allen & Overy has topped the Thomson Reuters EMEA syndicated loans legal advisers league table for both borrowers and lenders.
Allen & Overy partner Jeffrey Sullivan will be speaking at the International Energy Arbitration conference, which will take place on 20–21 February in Houston, Texas.
A report from Kennedy Consulting Research and Advisory has cited KPMG member firms as ‘vanguard leaders’ in ‘advancing’ in the breadth and depth of HR transformation capabilities.
Hogan Lovells has hired Andy Ferris as a partner in its Singapore international debt capital markets team. He will join the law firm on 3 March 2014.
Another victory for the Commercial agent as English court rules that principal cannot have the best of both worlds download
Under English Law, commercial agents and principals are allowed to elect whether compensation or an indemnity will be payable upon termination of the agency relationship.
Anthony Collins has acted for Rooftop Housing Group and its subsidiaries in forming a VAT cost-sharing group with Festival Housing and its subsidiary Festival Property Care.
Rankeshwar Batta, Ann Houghton, Alexandra Loxton and Rose Klemperer have all been shortlisted in recognition of their work in the legal sector.
Anthony Collins Solicitors’ children law team was recently involved in the case of a young child whose mother had died, leaving her care in question.
The English commercial court has denied an application to set aside an anti-suit injunction restraining a defendant from pursuing litigation against a claimant in an Israeli court.
Antitrust Matters — February 2014 download
DLA Piper has published the first edition of its global competition newsletter, Antitrust Matters.
The Court of Appeal has given clarification on the threshold that an applicant must meet in order to obtain pre-action disclosure.
This case relates to an application for payment of damages, further to a cross-undertaking on a preliminary injunction.
APRA’s new regime on risk management download
The Australian Prudential Regulation Authority (APRA) recently released a package of governance measures for banks, and general and life insurance companies.
Justice Gordon has handed down her decision in Paciocco v ANZ, concerning whether bank fees charged by ANZ were penalties or otherwise unconscionable under relevant legislation.
While much has been written about the Volcker Rule’s restrictions on banking entities, less attention has been paid to its impact on asset managers who are not banking entities subject to the rule.
Pension schemes providing benefits on a salary-related or DB basis — including ‘final salary’ pension schemes — have been in the news for several years.
The Building and Construction Industry (Improving Productivity) Bill 2013 was introduced into parliament on 14 November 2013.
The federal government has released the final report of the Productivity Commission’s inquiry into the National Access Regime.
The overlap of Australia’s new transfer pricing laws with the thin capitalisation rules is causing challenges and likely duplication of analysis for taxpayers.
The Australian Law Reform Commission’s final report on its review of the Copyright Act recommends changes that, if adopted, would revolutionise Australian copyright law.
The Office of the Australian Information Commissioner has released the final version of the APP Guidelines in time for the start of the new Australian Privacy Principles.
Auto-enrolment deconstructed download
The idea behind automatic pension enrolment is simple — all UK workers should be in a good pension scheme unless they actively choose not to be.
The FCA has published the decision notice it has issued to Standard Bank, fining it £7.6m for failings relating to its anti-money laundering (AML) policies.
JPM’s banking and finance clients include major banks, insurance companies and other financial institutions, as well as corporate local borrowers and lenders.
This update contains a summary of news and legal developments that have affected the banking and finance industry over the last month.
Winckworth Sherwood has been appointed by Barratt London as its law firm to manage the sale of new homes at The Courthouse on Horseferry Road, Westminster.
Jeremy Blum, associate at Bristows, has appeared on BBC television to talk about counterfeit goods.
The Basel Committee on Banking Supervision has issued new risk management guidelines relating to antimoney laundering and terrorist financing.
The Intellectual Property Enterprise Court has ruled that a UK registered design for a beer glass was valid and infringed by the defendants’ glass.
It is not unusual for a settlor to impose confidentiality conditions upon trustees by the terms of the trust. However, there are limits to the extent to which information may be withheld from beneficiaries.
A ‘best endeavours’ obligation is the most onerous of the three levels of ‘endeavours’ obligation.
Education is vital in bridging the gap between lawyers, funders and clients, according to Nick Rowles-Davies, a consultant at Vannin Capital.
The GC confirmed the Board of Appeal’s decision and found that there was a likelihood of confusion between BIMBO DOUGHNUTS and DOGHNUTS.
Jeremy Blum of Bristows has appeared in a BBC report on the European Union’s (EU’s) hearing of a case involving the online purchase of counterfeit goods.
If you have paid duty on the extension of a deferred note purchase financing arrangement, you may be entitled to a refund of the duty.
Box Clever and Storm Funding decisions show scope of the regulator’s financial support direction powers download
Two recent decisions have demonstrated the latitude that the Pensions Regulator has in pursuing a case for a financial support direction.
Bradbury case: Ombudsman determines on employer duty issues in the employer’s imposition of a cap on pensionable pay download
The Ombudsman has ruled that the BBC did not breach its implied duty of trust and confidence and/or the implied term of good faith when imposing a cap on pensionable pay.
The question of whether a forfeiture clause was a penalty was at issue before the Court of Appeal recently in El Makdessi v Cavendish Square Holdings BV.
In Thakker and another v Northern Rock (Asset Management), it was found that a breach of the MCOB rules does not affect the underlying right to possession.
Gately had wondered whether the Court of Appeal would uproot the law as we know it about rent being payable as an administration expense.
Bristows associate Tom Ohta has been quoted in New Law Journal in relation to the recent ruling in the Svensson case on hyperlink copyright.
Browne case: Pensions Ombudsman rules on liability for unauthorised payment charges resulting from payment of a death benefit download
An unauthorised payment charge arose because a pension scheme had not made payment of a death benefit within two years of a member’s death.
DLA Piper has announced that James Brogan, Paul Hall, Joseph Kernen and Norman Leon have been recognised in a BTI Consulting Group report.
Building your business: a practical guide to international construction, engineering and infrastructure projects download
Taylor Wessing discusses the legal, technical and commercial issues of which you need to be aware when embarking on a project in some of the world’s largest construction markets.
No5 Chambers has released the first edition of its Commercial & Chancery Bulletin for 2014.
California GCI’s coming priority products list and the DTSC Strategic Plan — what do they mean for you? download
The highly anticipated next step in California’s Green Chemistry Initiative (GCI) is the planned April 2014 release of the list of ‘priority products’.
On 1 January 2014, California’s Beverly-Killea Limited Liability Company Act was superseded by the California Revised Uniform Limited Liability Company Act.
House Committee on Ways and Means chairman Dave Camp is on the verge of releasing a detailed proposal for comprehensive tax reform.
Camp unveils major tax reform plan download
House Ways and Means committee chairman Dave Camp has unveiled his tax reform proposal, which calls for the most fundamental reform of the tax code in 27 years.
A recently issued claim in the High Court could have a chilling effect on the information a campaign group can collect and use.
Capital allowances download
The way in which purchasers can claim capital allowance on an acquired property will soon be affected by new legislation coming into force from April 2014.
During January 2014, the High Court gave a judgment in an appeal case that has important implications for residential care providers.
Case update Scotland — retail park: whether tenant withholding consent to further development by landlord was reasonable download
In Aviva Investors Pensions v McDonald’s Restaurants, the judge held that a tenant of a unit in a retail park had acted reasonably in withholding consent to a proposal to develop an additional unit nearby.
In JL Homes Ltd v Mortgage Express, Diakiw and Heap (acting as LPA receivers), the court stepped in to avoid further costs and court time being wasted and granted a civil restraint order.
Cayman Islands Law Update: the Exempted Limited Partnership Bill and the Contracts (Rights of Third Parties) Bill download
Following extensive consultation in both the public and private sectors, the Exempted Limited Partnership Bill 2014 was gazetted on 21 February 2014.
Paul Chaisty QC and Mark Harper of Kings Chambers have acted for Redstone Mortgages on four ‘test’ professional negligence claims against a firm of solicitors.
Minter Ellison has received a pinnacle award for client service excellence in Australia at the Chambers Asia-Pacific 2014 Awards.
It is commonly accepted that the decision made to release these tracks was a direct result of changes to European Union copyright laws.
The Authorised Collective Investment Schemes (Class B) Rules 2013 came into operation on 2 January 2014, replacing the Collective Investment Schemes (Class B) Rules 1990.
The restructure of the Channel Islands Stock Exchange by way of a scheme of arrangement was approved by the Royal Court in Guernsey last Friday.
There may be good news in store for charities in England with listed buildings and/or buildings of special architectural importance.
Mourant Ozannes has been announced as a winner in the China Business Law Journal’s 2013 China Business Law Awards.
The Chinese government has taken a big step towards liberalising the Chinese outbound investment regime.
This note provides a brief summary of Cayman Islands Monetary Authority’s Statement of Guidance for Regulated Funds — Corporate Governance.
The Court of Justice of the European Union has today given useful clarity for rights holders in the fight against counterfeit goods coming into the EU.
HM Treasury published the long-awaited ‘Fair Deal for staff pensions: staff transfer from central government’ guidance in October 2013.
The Court of Appeal has allowed an appeal by a firm of financial advisers, In Focus Asset Management & Tax Solutions Ltd, against its former clients Mr and Mrs Clark.
Mills & Reeve looks at the implications of the Supreme’s Court’s recent decision in Marley v Rawlings (2014).
France’s Data Protection Authority has for the first time adopted truly sweeping changes to its Single Authorization No. 004 on Whistleblowing.
In San Evans Maritime v Aigaion Insurance, the court held that the defendant following underwriter was required to follow a settlement reached by lead underwriters under a follow clause.
Collateral warranties: beware download
Is your company a party to a construction contract or to a collateral warranty? If so, what would happen if a collateral warranty was suddenly interpreted as a construction contract?
The court of session has confirmed that fixed-term employees dismissed upon expiry of their contracts were dismissed for a ‘reason relating to them as individuals’.
Collyer Bristow has announced an upcoming seminar on post-termination restrictions.
In October Collyer, Bristow held a mock employment tribunal hearing based on a real case involving claims of constructive unfair dismissal and disability discrimination.
The commercial court considers the date at which loss should be assessed where damages are sought as a result of alleged negligent financial advice.
An employer was entitled to sack an employee who was allegedly planning to steal company property, rather than waiting for the theft to actually occur.
The new Common Agricultural Policy (CAP) will come into force in 2015. The EU agreed the regulations for the new CAP reform in December 2013.
Companies House updates its guidance on the penalties imposed on companies that file their accounts late download
Other than in very limited circumstances, all companies, even those that are dormant or exempt from audit, are required to file accounts at Companies House each year.
The firm advises on the entire range of Serbian and EC competition law matters, including merger control and clearance.
EPO decisions take precedence over national decisions where the two conflict.
Connecting the ‘internet of things’ download
With predictions of up to 50 billion internet-enabled devices by 2020, it is worth considering exactly how these devices will actually connect to the internet and to each other.
An article in the 2014 State Budget Act aims at fostering the modernisation or construction of sports facilities by simplifying the relevant administrative procedures and by foreseeing innovative funding.
After publishing a draft for consultation, the government has laid the Consumer Rights Bill before parliament together with explanatory notes.
The bill contains some substantial changes compared with the draft bill published for pre-legislative scrutiny in June 2013.
The continuing obligations of Cayman Islands regulated funds are set out in the Companies Law and Mutual Funds Law (as amended).
Conyers has acted for Compañía Española de Petróleos (CEPSA) and Strategic Resources (Global) (SRG) in connection with their acquisition of Coastal Energy Company.
Conyers Dill & Pearman has provided legal advice to Franco-Nevada (Barbados) Corporation in relation to the $135m financing to Teranga Gold Corporation.
Conyers Dill & Pearman has advised Global Container Assets 2013 on its $280m (£168m) note offering.
Conyers Dill & Pearman has provided BVI and Cayman advice to Honworld Group on the global offering of its shares and its listing on the Hong Kong Stock Exchange.
Conyers has acted for the borrower, RISE, in relation to the financing of an acquisition from affiliates of GECAS of a portfolio of 26 commercial passenger aircraft.
Conyers has provided Bermuda law advice to the initial purchasers of a private offering of $600m 6.25 per cent senior notes due 2019, issued by North Atlantic Drilling.
Conyers Dill & Pearman has been listed among the top offshore law firms in the 2014 edition of Chambers Asia-Pacific, a guide to the leading law firms and lawyers in the region.
Conyers Dill & Pearman has provided BVI advice to Guangzhou R&F Properties on the issue of $1bn 8.50 per cent senior notes due 2019.
Conyers Dill & Pearman has provided BVI advice to HudBay Minerals on its $173m equity offering of 20,930,000 common shares.
Conyers Dill & Pearman in Hong Kong has provided BVI and Cayman Islands advice to Miko International Holdings on the IPO of a PRC children’s clothing retailer.
A new case in the court of session reminds lenders that a high degree of care is required where a wife is granting a security on account of her husband’s debts.
The ALRC Final Report into Copyright and the Digital Economy is now publicly available, having been tabled in Parliament on 13 February 2014.
This point was dealt with in Svensson and others v Retriever Sverige AB by the Court of Justice of the European Union (CJEU) on 13 February 2014.
Over the past 20 years corporate codes of conduct have moved from being emerging good practice to becoming an established norm.
Corporate crime update: criminal prosecution of corporations — more likely and much harsher download
After much anticipation, it has been announced that deferred prosecution agreements will become available in the UK from 24 February 2014.
As part of its anti-corruption package, the EU intends to publish a report every two years on member states’ efforts to tackle corruption.
Addleshaw Goddard has released the January 2014 edition of its Corporate Finance News publication.
Paul O’Hare has won the 2014 Corporate Intl Magazine Global Award for ‘Outsourcing Lawyer of the Year’.
Gateley has acted on a deal that saw Cordant Group acquire Sugarman Group. The Manchester team was led by corporate partner Charles Glaskie.
Addleshaw Goddard has released the January 2014 edition of its Corporate News publication.
The advent of the patent box — which came into effect last April but has so far had a low profile — should prompt a re-think.
Starting from 13 December 2014, country-of-origin labelling will be mandatory in circumstances where failure to indicate the origin might mislead the consumer as to the true country of origin or place of provenance of the food.
Court construes in-transit loss clause in voyage charterparty — Trafigura Beheer BV v Navigazione Montanari Spa (Valle di Cordoba)
The Commercial Court has recently considered the meaning of the expression ‘in-transit loss’ in a voyage charterparty.
This decision follows the conflicting decisions of the Employment Appeal Tribunal in the cases of Rowstock Ltd v Jessemey and Onu v Akwiwu.
The Court of Appeal has accepted the arguments of Bank of Scotland in the first reported case to analyse the proper content of a unilateral notice registered in the charges register to a property.
In July 2013, the EAT controversially held that all the employees made redundant from two insolvent retail businesses were entitled to be collectively consulted.
The Court of Appeal (Criminal Division) has given judgment on two appeal cases brought by companies contesting the level of fines each received.
Finance companies are liable to the ultimate customer on the basis of joint and several liability with the supplier — and this includes in relation to fraudulent misrepresentations.
Criminal competition investigation into the supply of the galvanised steel tanks for water storage download
The Office of Fair Trading has announced that criminal proceedings have been started in its latest cartel offence investigation.
Croatia: recent news highlights — Strategic Investment Act and proposed new act on maritime goods and sea harbours download
The new act on strategic investment in Croatia has achieved its goal of reducing administrative procedures and ensuring the speedy realisation of strategic projects in Croatia.
Luxembourg’s CSSF has issued a circular that aims to clarify technical details of how alternative fund managers should comply with reporting obligations.
The CSSF has published on its website the fourth update of its Frequently Asked Questions document regarding Luxembourg’s law of 12 July 2013 on alternative investment fund managers.
CSSF updates FAQs on AIFM Law download
The CSSF has issued an updated version of the FAQs relating to the Luxembourg Law of 12 July 2013 on alternative investment fund managers (the AIFM Law).
A new customs regulation has come into effect that strengthens the powers of customs officials to detain suspected counterfeit and pirated goods at EU borders.
Dacheng attorneys have advised Nantong-state-owned Assets Investment Holdings on short-term financing bills and medium-term notes registration.
Dacheng has advised two Harbin-based enterprises on their launch on the NEEQ system.
Dacheng attorney Shang Jiangang has advised Zhangjiang High-tech Park Development Co on a major property transfer.
Dacheng has advised Sundiro on offshore funding and joint venture formation in relation to a project with Italy-based yacht maker Sanlonrenzo.
Dacheng attorney Xiao Sa has been retained as a senior adviser for the second Binhai International Micro Film Festival.
Dacheny attorney, Tao Xinliang, has been named one of the most influential figures in the Chinese intellectual property world.
Dacheng senior partner Wang Fang has been named as one of the top 10 family law attorneys in Beijing by the Beijing Lawyers Association.
Dacheng attorneys have advised Shandong Jinyee Machinery on its sale of equity to CLAAS, a manufacturer of agricultural engineering equipment in Germany.
A team of attorneys from Dacheng’s Wuhan office has advised Ferguson (Wuhan) Biotechnologies on its application for a listing at the NEEQ system.
Attorneys from Dacheng’s Changsha office have advised Kingdom Auto-Control Tech (Changsha) Co on its NEEQ Listing.
Li Xuyan has been elected deputy of the 14th People’s Congress of Zhengzhou, while Du Bingfu has been elected as a member of the 13th People’s Political Consultative Committee.
Dacheng has provided advice to the Industrial Bank, which has successfully completed bidding and issued ¥5.2bn (£516m) worth of credit asset-backed securities.
Dacheng attorneys have been retained as standing legal counsel by the Large Business Division of Guangzhou Local Taxation Bureau.
Dacheng chairman Peng Xuefeng has been appointed counsel to the Advisory Council of Chinese Studies Center at UCLA, where he also gave a lecture.
A team of Dacheng attorneys, led by senior partner in finance Wang Weidong, has been named the best service provider in the microcredit sector.
A case that a Dacheng partner resented in has been included in The Supreme People’s Court’s list of cases that have been tried in Chinese courts in recent years and resulted in a major impact on people’s lives.
In January 2014, a team of attorneys from Dacheng’s Nanchang office was retained by Nanchang Customs as its standing legal counsel after seeing off competition from other local firms.
Mingyue Dun was recently elected as a 2014–2015 China subcommittee member of the Anti-Counterfeiting Committee of the International Trademark Association.
Dacheng attorneys have successfully represented Yunnan Qifeng Petroleum Machinery, the defendant, in an IP litigation in the Intermediate People’s Court of Kunming.
California has replaced the Enterprise Zone Hiring Credit with the New Employment Credit and the California Competes Credit.
Decision on whether receivers and liquidators must withhold tax in absence of an assessment download
Justice Logan of the Federal Court has handed down the much anticipated decision in Australian Building Systems Pty Ltd v Commissioner of Taxation.
Defamation developments download
This article gives a brief overview of new Defamation Act and costs provisions relating to defamation and privacy claims being rewritten.
Deferred prosecution agreements download
The DPA regime is a half-way house between a prosecution and non-prosecution outcome to a criminal investigation, but without any of the reputational stigma of a successful prosecution.
Deferred prosecution agreements, the government’s newest weapon in the fight against corporate crime, have become available to prosecutors.
Deferred prosecution agreements, the government’s newest weapon in the fight against corporate crime, become available to prosecutors from 24 February 2014.
DPAs may be relevant to any Jersey company that is liable to prosecution under the UK’s Bribery Act 2010.
From 25 February, a crown prosecutor is able to use the deferred prosecution agreement legislation in order to bring a resolution to cases of corporate criminality more quickly.
There is an increasing focus on defined-contribution investment issues.
Proceedings determining a creditor’s entitlement to prove a liquidation did fall within the ‘insolvency exception’ to the Lugano Convention.
Development news — 12 February 2014 download
The government has announced a new planning court and reforms to the judicial review process, both of which are likely to benefit developers.
Modern digital currencies such as Bitcoin attempt to do something fundamentally different to a digital representation of ‘standard’ money.
Direct disclosure obligations resulting from joinder of adult beneficiaries to matrimonial proceedings affecting trusts download
The trustees had applied to the Royal Court of Jersey and the Eastern Caribbean Supreme Court for the approval of their decisions not to participate in the English financial remedy proceedings.
This is a follow-up to the article on the joinder of beneficiaries to English divorce proceedings in Withers’ Family Law News of September 2013.
The case of Birmingham City Council v Emery serves as a reminder that in community schools the employer is the local authority, not the governing body of the school.
In a recent case, it was argued that a manager’s emails regarding the weather amounted to whistleblowing, giving him protection against dismissal even without two years’ service.
JPM handles the most sensitive and complex cases in all kinds of commercial, competition, labour and corporate disputes.
District court finds that insurance premium excise tax does not apply to retrocession transactions download
The federal excise tax on insurance and reinsurance premiums does not apply to retrocession insurance transactions.
DLA Piper has advised Bristow Helicopters on its acquisition of a 60 per cent interest in the privately owned Eastern Airways International.
DLA Piper has advised China Shipping Terminal Developments on its acquisition of approximately 24 per cent of issued shares in APM Terminals Zeebrugge.
DLA Piper has advised the directors of Bryan G Hall Consulting Civil and Transportation Planning Engineers on their acquisition of Bryan G Hall Ltd from Bryan Hall.
DLA Piper has advised Laureate Education on its recent acquisition of SEEK’s remaining 80 per cent interest in THINK: Education Group and its subsidiaries.
DLA Piper has advised the McCambridge Group on the sale of Soreen to Gibbs Croft, part of Samworth Brothers.
DLA Piper has announced that Sir Nigel Knowles and Roger Meltzer will become global co-chairmen of the firm, effective from 1 January 2015.
DLA Piper has announced that Gregory Manter has joined the firm as partner in the technology, sourcing and commercial practice
As part of its global pro bono programme, DLA Piper has produced a report entitled ‘Empty threat: does the law combat illegal wild trade?’.
DLA Piper is one of the most active law firms in terms of venture capital (VC) deal volume, according to the ‘2013 Most Active VC Law Firms’ report published by PitchBook.
DLA Piper has published an interactive report looking at the flow of Asian real-estate capital into Australia. It examines the views of five experts within the market.
DLA Piper’s 2014 European Acquisition Finance Debt Report has revealed that the market landscape is changing dramatically.
DLA Piper has achieved a victory for Sabre in a putative class action brought by a passenger of Hawaiian Airlines accusing the company of sending unsolicited text messages.
DLA Piper has been named Law Firm of the Year at the 2014 Legal Business Awards, held on 13 February at the Grosvenor House Hotel in London.
Thomas Boyd, co-chair of DLA Piper’s regulatory and government affairs practice, submitted a statement to the US senate judiciary committee.
The purpose of a net contribution clause is to limit the liability of the person or persons responsible to an amount that would be just and equitable for them to pay.
Binder Grösswang has appointed Dr Martin Frenzel to its corporate/M&A team. He mainly advises clients in complex corporate questions and in contract and compensation law.
Binder Grösswang has appointed attorneys Dr Stephan Heckenthaler and Dr Markus Uitz as partners in the firm, effective 1 February 2014.
Regulations setting out the final details of the ACAS early conciliation scheme have now been published, in time for it to take effect as planned from 6 April 2014.
Action on Smoking and Health estimates that 1.3 million people are currently using e-cigarettes in the UK. What stance should employers take to this growing phenomenon?
Tina Ranales-Cotos, a barrister at Kings Chambers, discusses whether e-cigarettes can be banned in the office.
The amount of capital funding an HEI receives from the Higher Education Funding Council for England depends on how much that HEI has reduced its carbon emissions.
The Department for Education has issued new advice reminding schools of what they are (and aren’t) entitled to charge for, and how to go about charging.
Alan Harper explains the general rules in relation to the ownership of the main types of intellectual property.
At present, there is no requirement on governing bodies of maintained schools to prioritise the skills of a prospective governor, but that is set to change.
The Supreme Court has handed down its judgment in the long-running case of Woodland v Essex County Council and in the process rewrote the common law.
This article provides a checklist to assist in both preventing long-term sickness absence and managing such absence in the most efficient manner.
The ESMA has written to the European Commission requesting that the definition of ‘derivative’ or ‘derivative contract’ in Regulation (EU) No 648/2012 is clarified.
The European Market Infrastructure Regulation (EMIR) introduces new requirements to reduce the risks associated with the derivatives market and thus improve transparency.
An employer is liable not only for the discriminatory acts of its own employees, but may also be liable as principal for discriminatory acts carried out by its agents.
The Administrative Decisions Tribunal has upheld an employee’s claims of indirect racial discrimination because the employer’s selection criteria excluded members of a certain race.
Employing ex-offenders is a sensitive issue: some employers are wary of potential risks and reputational damage, while others embrace the idea wholeheartedly.
Employment Appeal Tribunal decision confirms no extension of civil partners’ survivor benefits download
The EAT has confirmed that the restriction of a surviving civil partner’s pension to the member’s post-4 December 2005 pensionable service is compatible with EU law.
Described by the government as failing to increase pre-hearing settlements, the Equality Act 2010 questionnaire procedure relating to discrimination will be abolished from 6 April.
All employees who have worked for their employer for 26 weeks or more will have the right to request flexible working, rather than just parents or carers.
Employment law 2014 preview: health download
Does the fact that a person is obese mean they are, or could be, ‘disabled’? The CJEU has been asked by Denmark whether discrimination on the grounds of obesity is contrary to EU law.
Calculating the correct amount of holiday pay owed to a worker can prove to be a tricky task for an employer as it is dependent upon various factors.
We begin 2014 with a fresh reference to the CJEU on whether UK law correctly implements the European Collective Redundancies Directive.
From 6 April 2014, the majority of prospective claimants will be required to contact Acas before they can lodge proceedings at the employment tribunal.
Employment law 2014 preview: TUPE download
We begin the year with the changes to the Transfer of Undertakings (Protection of Employment) Regulations, which came into force on 31 January.
Will dismissal always fall within the range of reasonable responses where gross misconduct is found?
Public interest disclosures will continue to make headlines this year.
Mills & Reeve offers an at-a-glance summary of key employment rights in five selected Asian jurisdictions.
Mills & Reeve offers an at-a-glance summary of key employment rights in the five largest European economies outside the UK.
Has a veterinary practice — by failing to pay for an employee’s private psychiatric treatment — breached its duty to make reasonable adjustments to enable her to return to work?
This briefing presents the newly revised national minimum wage structure.
The ICO has published updated guidance on how to deal with subject access requests from individuals. This is called the Subject Access Code of Practice.
The changes are intended to improve TUPE’s effectiveness and flexibility and to ensure that TUPE goes no further than the original EC directive.
A recent case in the high court illustrates the importance of ensuring that all settlement negotiations are stated to be ‘subject to contract’.
Zero-hours contracts have been the subject of considerable political and social debate in recent times.
Employment News: TUPE revamp download
Proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) came into force on 31 January 2014.
JPM advises on the most significant and complex transactions in the gas and oil sector being realised in the Republic of Serbia.
Disputes about which country should deal with a divorce and financial claims are high-stake, with international couples navigating through complex international, EU and domestic laws.
The Environment Agency has launched its electronic duty of care system, developed as part of the government’s ‘Red Tape Challenge’.
The Court of Appeal has considered the levels of fines imposed for radioactive waste and health and safety offences committed by large companies.
Environmental Stewardship is in a transitional stage pending the start of the next Rural Development Programme in 2015 and following the end of the previous programme on 31 December 2013.
Equity of exoneration download
A sub-surety was entitled to an indemnity from the assets of a guarantor before a third party’s debt bit upon the guarantor’s assets.
ESMA has published a Q&A on the application of the Alternative Investment Fund Managers Directive (AIFMD).
Establishing a Luxembourg SOPARFI download
A SOPARFI (société de participation financière), in straightforward terms, is an ordinary, unregulated, commercial company used extensively in Luxembourg.
EU audit reform — all change download
On 17 December 2013, the European Parliament voted to accept the European Commission’s revised proposals for audit reform.
EU consultation: revision of state aid rules relating to public intervention in the energy market download
The guidelines will have a significant impact upon shaping energy regimes and their attractiveness to both industry and investors.
Eversheds’ Neill Blundell, partner and head of fraud at the firm, has commented on reports that the scale of corruption across the EU is said to be breathtaking.
On 19 December 2013, the Court of Justice of the European Union gave an important ruling on database rights and meta search engines.
Ben Jones, tax expert at Eversheds, has commented on concerns that the introduction of an EU-wide financial transactions tax could hit UK savers.
The European Commission has published the EU’s ‘2030 Framework for Climate and Energy’, setting out targets for greenhouse gas emissions, renewable energy and energy efficiency.
This report presents detailed results of a survey of more than 250 debt providers, advisers, sponsors and corporates active in the European acquisition finance debt market.
The European Commission has published a legislative proposal for a regulation introducing structural reforms to the EU banking sector.
The European Commission has announced that it intends to open a detailed investigation into possible state aid for the Hinkley point nuclear new-build project.
An important message to all tax planners: the European Commission’s directorate-general for competition has declared war on ‘fiscal optimisation’.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Denmark.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Finland.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on France.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Germany.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Ireland.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Spain.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Switzerland.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on the Netherlands.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on the UK.
European Finance Litigation Review — February 2014: litigation concerning banks’ disclosure requirements and more download
This quarterly edition of the European Finance Litigation Review contains coverage of the most interesting cases and developments from across Allen & Overy’s European network.
Eversheds has advised consumer electronics retailer Expansys on its recommended takeover by celebrity entrepreneur and Dragons’ Den panellist Peter Jones.
Eversheds has advised Flybe Group, a company listed on the London Stock Exchange, on raising £150m by way of a firm placing and open offer.
Eversheds has advised NewRiver Retail, a UK REIT specialising in value-creating retail property investment and active asset management, on its latest £85m equity fundraising.
Teams from the German, UK and Hong Kong offices of Eversheds have advised shareholders on the merger of German-based Cybex and Hong Kong-listed Goodbaby.
The education team at Eversheds has successfully been appointed to the Crescent Purchasing Consortium (CPC) Legal Services Framework.
Eversheds Bitans lawyers will be providing legal advice free of charge in Latvia on 10, 11 and 14 March.
Eversheds believes VAT recovery changes offer an opportunity for employers and pension funds to review arrangements.
Ben Jones, tax expert at Eversheds, said that state aid rules will be an attractive route to tackling certain tax structures.
The EU-US deal will bring both opportunities and concerns, according to Eversheds’ David Savage.
As test results from a public laboratory in West Yorkshire find more additives in food products, Eversheds’ health and safety partner David Young considers the consequences.
Eversheds has appointed three partners to its financial services dispute resolution and investigations team in response to increasing client demand.
Eversheds’ Madrid office has successfully represented pharmaceutical company MSD Spain in a landmark patent dispute.
Eversheds partner Alison Oldfield has commented on the legal process of evicting protesters, after an application to evict protesters was adjourned for two weeks.
Eversheds has commented on the recent attempt by UNISON to challenge the employment tribunal fees regime for being ‘discriminatory and unlawful’.
Wierzbowski Eversheds, in conjunction with the Polish Association of Corporate Lawyers, has published a guide to key issues of competition law.
On 18 February 2014, on the request of a creditor represented by Eversheds, the attached land unit Lidingö Kostern 5, owned by the Russian Federation, was sold for SEK20.5m).
Jason Lovell, an oil and gas expert at Eversheds, has said that the UK government needs to ‘equip the Department of Energy & Climate Change with the tools it needs’.
Parmjit Singh of Eversheds has praised Oxfam for its rankings of food and drink companies in terms of social and environmental policies.
Simon Jones, partner at Eversheds, has commented following findings from the BRC-Google online retail monitor that show a surge in overseas shoppers in Q4 2013.
Eversheds has assisted Poolia in its acquisition by US-based staffing company Staffing 360 Solutions through its subsidiary Staffing 360 Solutions (UK).
Eversheds’ international arbitration group has been ranked within the top 20 firms in Global Arbitration Review’s elite GAR 30 list.
The New Companies Ordinance (NCO) will come into effect on 3 March 2014. It includes changes that affect the way documents may be executed.
Executive Branch acts out on cybersecurity: what you need to know about this groundbreaking effort download
The White House has released the National Institute of Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity.
The temptation not to pay and to force the claimant to choose between paying the defendant’s share or letting the arbitration grind to a halt can be a strong one.
Eighteen months after inception, family arbitration is now firmly up and running in England and Wales.
Family law… but not as we know it download
Huge procedural changes will be made with the creation of a single Family Court and reform of court procedures.
The Financial Conduct Authority has published a final notice prohibiting inter-dealer broker Anthony Verrie from performing any function relating to any regulated activity.
The FCA has published finalised guidance on inducements for product providers and advisory firms following its consultation (GC13/05) in September 2013.
FCA proposes revised test for sponsor competency and sparks debate on joint sponsor arrangements download
In its new consultation paper, the FCA proposes various changes to the sponsor competency regime and initiates discussion on joint sponsor arrangements.
FCC Enforcement Monitor — FCC limits licence renewal to two years and assesses $4,000 fine; and more download
In reviewing the licence renewal application for a Meridian radio station, the FCC’s Media Bureau proposed a $4,000 fine for public inspection file violations.
FDA revises forms for submission of patent information to the Orange Book: Federal Circuit decision alters patent term adjustment download
Two recent developments will affect the listing of patent information with pharmaceutical products approved by the US Food and Drug Administration.
Federal Circuit affirms practice of reviewing trial judges’ patent claim interpretation rulings anew download
The Federal Circuit has affirmed its practice of reviewing trial court claim construction rulings de novo, as a question of law.
Federal judge limits antitrust scrutiny of pharmaceutical reverse payments to settlements involving monetary transfers download
A judge held that only patent settlements involving a reverse monetary payment will be subject to antitrust scrutiny under the framework articulated by the Supreme Court last year in FTC v Actavis.
The Federal Reserve has issued a final rule that will fundamentally change the way in which non-US banks are regulated and supervised in the US.
The search warrant recently executed on a Virginia-based flooring wholesaler surrounded allegations that the company had illegally imported wood in violation of the Lacey Act.
Financial fair play for the few? download
Financial fair play (FFP) has recently been making the headlines almost as much as the action on Europe’s football pitches.
The long-awaited judgment in Clark v In Focus was handed down at the Court of Appeal on 14 February, allowing the appeal.
The FCA has published a voluntary application for the imposition of a requirement by price comparison website MoneySuperMarket.com.
With European elections in May, the flow of new regulations from Europe is expected to slow, with the immediate focus being on fine tuning already adopted policy.
Eversheds has appointed financial services lawyer Andrew Henderson as a partner in the London office.
Marfarlanes has released the 7 February issue of its Financial Services Regulatory Update.
FINRA has issued a notice on a proposed new regulatory structure for firms that limit their activities to advising companies on capital raising and corporate restructuring.
First Lady and nutrition: USDA and FDA propose sweeping food labelling and marketing regulations download
Michelle Obama and the FDA have released regulations that would make significant changes to the nutrition information found on food and dietary supplement labels.
The government has confirmed that the extension of the right to request flexible working to all employees will now not be available from 6 April.
Five top tips for happy contracting download
Gateley has released five top tips to take into account when drafting contracts.
Defra has published its consultation document on the reform of the water abstraction management system under the seasonal title of ‘Making the Most of Every Drop’.
The recent downpour has resulted in the flooding of many businesses and employees are struggling to get into work. How can employers deal with these circumstances?
Dominic Lacey, road infrastructure expert at Eversheds, has commented on the importance of major road infrastructure developments in the UK.
The Australian government has released a consultation draft of a bill concerning amendments to the Future of Financial Advice (FOFA) regime.
Retired senior partner and immediate past chair of Pillsbury Mary Cranston will receive the inaugural Hortense Ward Courageous Leader Award by the Center for Women in Law.
The Belgian Financial Services and Markets Authority is consulting on new rules regarding the marketing of financial products to retail clients.
Mourant Ozannes has been voted best Guernsey law firm for 2013 in the Service Provider Awards for the global fund management website FundDomiciles.com.
California’s Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, finally has the attention of legislators and the governor’s office and is undergoing key changes.
Hogan Lovells’ head of planning, Michael Gallimore, has commented on the government’s further amendments to the Community Infrastructure Levy Regulations.
Further down the slippery slope: the government’s response to consultees on further judicial review reform download
The Lord Chancellor’s opening statement in his foreword to the government’s response following its consultation on further judicial review reform is an interesting one.
A further tranche of tax legislation to exempt ‘IMR foreign funds’ from Australian income tax has been released for public comment.
The Court of Appeal has ruled that rent is an administration expense, payable on a daily basis for the period during which premises are retained for the benefit of the administration.
This decision represents a welcome return to the ‘pay for what you use’ principle and strikes a fairer balance between different creditor and expense groups.
Landlords have won their appeal to claim unpaid rent for a period that a company is in administration and trading from a property as an expense of the administration.
Hogan Lovells has also placed second on ‘Most Important Published Decision of 2013’ in international arbitration.
Gateley has advised management on its recent buyout of Reader Offers, an independent cruise specialist for all the major cruise lines, from its privately held owner.
Gateley partner William Ballmann explains his concerns about the suggestions for amending the way insolvency practitioner fees are set in the absence of secured creditors.
A cross-discipline team from Gateley has advised management on its recent buyout of cruise specialist Reader Offers.
Where different, equally ranking unsecured noteholders had no realistic prospect of obtaining any return on the alternative scenario of an insolvency, they could vote as a single class.
Complex and costly cross-border legal disputes are projected to grow significantly in the years ahead, according to a new survey of multinational corporations.
A snapshot of 2013 deal activity would appear to confirm that a global recovery has started to gain some real traction despite recent setbacks.
Tier 2 Intra-Company Transfer is a category that allows multinational companies to transfer staff to the UK to work on a long-term basis or for frequent short-term visits.
On 31 January 2014, the Governor’s Office of Business and Economic Development (GO-Biz) released final proposed regulations on the California Competes tax credit.
Goodman Derrick has advised Anova Books and its chief executive Polly Powell on her acquisition of the company’s entire share capital.
The employment team at Goodman Derrick will be hosting a breakfast seminar on the key discrimination law case decisions for employers during 2013–14.
Alison Downie, head of employment at Goodman Derrick, is set to chair the Law Society’s Survive and Thrive Law Management Roadshow.
Governance News — 11 February 2014 download
The fallout from controversial trades in David Jones (DJs) shares and a rejected merger proposal have escalated, with the chairman and two other directors stepping down from the DJs board.
Governance News — 5 February 2014 download
David Jones’ announcement that it received a merger proposal from Myer last year has received considerable media coverage.
Governance of Cayman Islands regulated mutual funds has received a great deal of focus recently, including from the CIMA, the Cayman Islands Courts and the market at large.
Since the current UK government was formed in 2010, it has been keen to promote industrial and provident societies and mutuals as part of the diversity of the UK economy.
The government has released further exposure draft legislation for the long-awaited final ‘third’ element in the investment manager regime (IMR).
In response to concerns about the growing number of judicial review cases, the government has consulted on proposals for further reforms to judicial review proceedings.
Great news for commercial landlords download
Two recent decisions have swung the pendulum of convenience towards insolvency practitioners and away from commercial landlords.
Great news for commercial landlords download
Two recent decisions have swung the pendulum of convenience towards insolvency practitioners and away from commercial landlords.
gTLDs — predictions for 2014 download
Twenty-four new gTLDs have been delegated — meaning the registrars of those domains are now undertaking the final administration processes before launching to the public.
Attorney Zhou Liang, equity partner in Dacheng’s Guangzhou office, has been retained as an independent director of Guangdong Jiedong Rural Commercial Bank.
Guarantor consent download
When referring to a guarantee, it is common law that a change to the debt that is being guaranteed can result in a discharge of the guarantor’s obligations.
Guarantor consent download
When referring to a guarantee, it is common law that a change to the debt that is being guaranteed can result in a discharge of the guarantor’s obligations.
The Court of Appeal has revisited the issue of unfair relationship in payment protection insurance (PPI) claims where the payment of commission was not disclosed.
Headlines from the Law Commission report on matrimonial property, needs and agreements — part one download
The Law Commission has published its much awaited report on matrimonial property, needs and agreements.
Headlines from the Law Commission report on matrimonial property, needs and agreements — part two download
Withers sets out some of the main issues raised by the proposed reforms.
Health Alert — 10 February 2014 download
DLA Piper has released the 10 February 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — 17 February 2014 download
DLA Piper has released the 17 February 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
DLA Piper has released the 24 February 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — 3 February 2014 download
DLA Piper has released the 3 February 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health and safety: FAQs download
Shoosmiths partner and regulatory specialist Ron Reid answers questions on health and safety received from more than 1,200 viewers.
Mills & Reeve has published the February edition of its Health Legal Update, which includes information on the NHS, regulatory news, patient matters and legal processes.
Health, Pharmaceutical and Biotechnology Alert: HRSA issues letter discussing ADAP 340B rebates; proposed rule expected download
On 3 February 2014, the Office of Pharmacy Affairs posted a letter to its 340B drug pricing program website discussing 340B rebates paid to AIDS Drug Assistance Programs.
Mark Heywood QC and Saleema Mahmood from No5 Chambers have prosecuted an Operation Ply mortgage fraud case for Central Fraud Group.
High Court holds that 20th Century Fox’s Glee infringes Comic Enterprises’ trademark for a logo including the words ‘the Glee Club’ download
Comic Enterprises established its first live entertainment venue in Birmingham in 1994 and now operates venues in Cardiff, Oxford and Nottingham.
Repeated unmeritorious attempts by the borrower to avoid repossession by the receivers and lender led to the strike-out of the borrower’s claim.
HMRC amends policy to allow DB employers to recover VAT on certain investment activity costs download
HMRC has published a briefing stating its revised policy on the ability of sponsor employers to recover input VAT incurred in the management of DB pension schemes.
Hogan Lovells has achieved success for Otkritie, a Russian financial services provider that the firm advised throughout a dispute regarding multi-million-dollar fraud against it.
A Hogan Lovells corporate team has advised Kite Realty Group Trust on its proposed merger with Inland Diversified Real Estate Trust, Inc.
Hogan Lovells has advised Kuwait Petroleum International on the Italian Shell acquisition.
Hogan Lovells has advised Mishmeret Trusts Company in its role as trustee and security agent for the high-yield issuance of $800m of senior secured notes due 2021 by B Communications.
Hogan Lovells has advised Héroux-Devtek on the $128m acquisition of APPH and APPH Wichita (together APPH), subsidiaries of BBA Aviation.
Hogan Lovells has advised Qatar Insurance Company on its acquisition of Antares Holdings, a Lloyd’s specialist insurer and reinsurer.
Anina Boshoff, a finance partner at Edward Nathan Sonnenbergs, is joining Hogan Lovells on 1 March 2014 to head up the banking and finance department in Johannesburg.
Hogan Lovells has recruited partner Don McGown to join its London corporate practice. He joins on 3 February 2014.
Hogan Lovells has continued the expansion of its Los Angeles office with the addition of healthcare litigation partner Michael Maddigan.
Hogan Lovells has recruited Maurice Burke as a partner in the Singapore office to lead the litigation and arbitration practice in south-east Asia.
Hogan Lovells has co-hosted an event with social enterprise Bite the Ballot at the Elizabeth Garret Anderson school in Islington to mark National Voter Registration Day.
Hogan Lovells has announced the further expansion of its New York office with the addition of corporate partner Adam Golden.
Hogan Lovells has announced that Rachel Brandenburger is joining its antitrust, competition and economic regulation (ACER) practice as a senior adviser.
Hogan Lovells has hosted the launch of FutureBrand’s ‘Made In’ report: a study of more than 1,000 people in seven countries combined with research among experts and academics.
Hogan Lovells has launched LimeGreen IP — a free online legal tool with answers to FAQs from around the world on patents, trademarks, copyrights and technology.
A number of Hogan Lovells partners have been listed as All-Stars in the 2014 BTI Client Services All-Star report.
Mark Jones and David Moss of Hogan Lovells have commented following the publication of Sir Ian Wood’s ‘UKCS Maximising Recovery’ report.
Hogan Lovells has teamed up with Coaching for Hope to coach young girls and deliver awareness about the positive effects sport can have in their lives.
Hogan Lovells has won asylum for a lesbian woman who feared sexual orientation-based persecution if she was required to return to her native Macedonia.
The recently published FCA sanction against HomeServe Membership provides further insight into the regulator’s expectations of senior management.
This year’s Hospital and Leisure focuses on technology inter-operability issues within hotel franchising, as well as looking at the current economic environment.
Hotel owners’ liability download
With the tremendous increase of tourism in Greece over the last few years, issues have arisen regarding hotel owners’ liability to clients.
In January 2014, UK house prices rose on average by 8.8 per cent on an annual basis versus January 2013.
Ben Williams, a barrister at Kings Chambers, considers how companies can control the misuse of group email systems.
The Polish parliament has passed a governmental bill to reform the private pension fund sector in Poland despite receiving strong criticism from many economists and experts.
The courts’ strong support of ADR procedures such as mediation is in keeping with Lord Justice Jackson’s costs reforms.
When things go wrong, a well-drafted exclusion clause could make all the difference. What should you be aware of when you are drafting or reviewing these clauses?
HRXchange, a networking and training forum focused on employment law and related HR issues, has announced the addition of Leeds to its 10 UK knowledge hubs.
The Court of Justice of the European Union has delivered judgment in a seminal case on how hyperlinking and framing should be treated under copyright law in the EU.
The claimant in The Solicitors Regulation Authority v Mitchell had agreed with her employers that she could work from home two days each week to facilitate childcare arrangements.
Ian Brownhill of No5 Chambers has commented in the media on three international human rights cases.
ICC launches new mediation rules download
The close of 2013 saw the ICC launching the new ICC mediation rules at a global launch event in Paris.
Mark Harper resigned after discovering a cleaner he employed for his flat did not have permission to work in the UK. How can employers avoid the same trap?
In Barnet the Second Circuit departs from precedent and sets the stage for potential circuit split download
The Second Circuit has reversed the bankruptcy court that had granted recognition under chapter 15 to an Australian company that had not introduced any evidence of assets or operations in the US.
The New York Court of Appeals, in K2 Investment Group, LLC v American Guarantee & Liability Insurance Company, has vacated its own prior decision.
Ince & Co has announced the appointment of Hugh O’Donovan, who will join the firm’s aviation group as head of commercial aviation on 21 February 2014.
Ince & Co Singapore has represented Oro Negro in its international bond issuance, an offering of $725m notes due 2019. The transaction closed on 24 January 2014.
The advertising section of InCredit focuses on the ASA adjudication in Instant Cash Loans Ltd, t/a The Money Shop.
This section of InCredit looks at the FSCS management expenses consultation and more.
The consumer credit section of InCredit looks at the Consumer Rights Bill progress and the BSA and FLA response to FCA CP13/10 on consumer credit regime.
The current accounts section of InCredit looks at BBA’s comment on the Which? release on overdraft charges and more.
The enforcement section of InCredit looks at the Sentencing Council’s definitive guidelines for fraud, bribery and money laundering.
InCredit — February 2014: insurance download
The insurance section of InCredit focuses on the ABI good-practice guide for mobile phone insurance providers and more.
The market news section of InCredit focuses on the EC proposing a structural reform package on the EU banking sector and more.
InCredit — February 2014: mortgages download
The mortgages section of InCredit looks at the European Council adopting the Mortgage Credit Directive and more.
Information security obligations for Australian businesses under the Privacy Act: a reminder from the OAIC download
At the launch of this year’s Privacy Awareness Week, the OAIC released its new guide to information security — ‘Reasonable Steps to Protect Personal Information’.
A recent case has emphasised the importance of getting the drafting of loan agreements right.
DLA Piper Italy has published the January 2014 issue of the Insurance and Reinsurance Newsletter.
JPM provides legal services relating to patent, trademark, industrial design, copyright and trade secret protection.
This newsletter provides a cross section of cutting-edge issues in the ever-more convergent fields of intellectual property, technology and media.
International Law at Work — February 2014: changes to Singapore’s Employment Act from 1 April 2014 download
The Employment Act is Singapore’s main labour law covering certain categories of employees.
International Law at Work — February 2014: China’s interim provisions on agency workers issued download
China’s Ministry of Human Resources and Social Security has issued the Interim Provisions on Agency Workers.
International Law at Work — February 2014: looking forward... legislative initiatives of the new German government download
This article sets out some of the employment-related enterprises of the Great Coalition as set out in the coalition treaty.
In this briefing, Taylor Wessing focuses on pensions in China, Germany and the UK.
On 2 July 2014, the data protection provisions of the Personal Data Protection Act 2012 will come into force.
In the UAE, there are two separate jurisdictions that need to be considered. This update will focus on some recent developments in both jurisdictions.
International Law at Work: intranet announcement creates legally enforceable right to bonus promised for bank employees download
Making a contract with the whole world is not a legal concept that is intuitively recognised.
Last month Iranian president Hassan Rouhani attended the World Economic Forum and encouraged the international community to ‘come and visit Iran to see the investment opportunities’.
Ben Jones of Eversheds has commented following the announcement of a major consultation on the future of international tax reporting by the OECD.
Dacheng partner Liu Jiawang has been elected as vice-president of the Internet Society of Yunnan.
InVest — February 2014: banking download
The European Commission published its plans for structural reform of the banking sector on 29 January 2014.
There has been unanimous support from the European Parliament’s Economic and Financial Affairs Committee for the agreement on the proposed CSMAD.
The BoE has published a statement relating to the exercise of the Financial Policy Committee’s powers to supplement capital requirements for the purposes of financial stability.
This section of InVest includes an update from the Financial Conduct Authority on the Retail Distribution Review post-implementation review timetable and more.
On 16 January 2014, the Financial Conduct Authority published its finalised guidance on supervising retail investment advice.
Investigation into Mayfair Charities download
The Charity Commission last month released the findings of an investigation begun in July 2012 into concerns over Mayfair Charities’ financial accounts.
There has been an increase in the number of investment treaty arbitrations brought by investors seeking to enforce their rights against states.
In the latter half of 2013, two interesting trademark decisions were handed down by IPEC and the UK IPO. Both cases concerned the names of British musical groups.
The new regulation gives customs authorities extended powers to detain suspected counterfeit and pirated goods at the borders of the EU.
The UK laws relating to unjustified threats of infringement of patents, trademarks and designs have proved a minefield for rights owners and legal advisers alike.
Phillip Tunney of Eversheds has commented on the importance of protecting IP for those in the chemical industry who are involved in collaborative R&D.
Bristows associate Jeremy Blum has been quoted in IPPro The Internet in relation to new legislation and case law to deal with fakes online.
In this update, Ince & Co sets out the latest developments regarding the EU sanctions against Iran.
The IRS has provided administrative guidance to the federal historic tax credit industry in the aftermath of the Third Circuit’s decision in Historic Boardwalk Hall LLC v Commissioner.
On 10 February 2014, the IRS published long-awaited regulations on the employer shared responsibility provisions under the Patient Protection and Affordable Care Act.
The US Internal Revenue Service has released its Transfer Pricing Audit Roadmap, a 26-page outline of the two-year transfer pricing audit process.
Liquidators were appointed as administrators of the companies on referral from the Mawson Group, a business advisory and restructuring firm that services distressed companies.
The national UK household recycling rate has risen from 11 per cent in 2000 to 43 per cent, working towards our EU target of 50 per cent.
The long-awaited appeal judgement of Primewest (Mandurah) Pty Ltd v Ryom Pty Ltd  WASCA 28 was handed down on 5 February 2014.
The EAT has given a judgment ordering an employer to repay to the employee the EAT fees that he incurred in bringing an appeal.
The Abbott government is proposing to use its constitutional powers to remove existing arrangements contained in awards, agreements and company policies.
The UK court has given judgement in an action brought by Jack Wills against House of Fraser.
Jackson Live — winter 2013–14 download
This is the latest in Addleshaw Goddard’s series looking at how the courts are implementing the Jackson reforms to civil procedure introduced in April 2013.
No5 Chambers has announced that John Butterfield will be appointed Queen’s counsel, bringing the total number of QCs at No5 to 26.
JP Morgan settlement reinforces the requirement for strong AML controls and effective transaction monitoring download
The action by the Attorney Office is a further example of the enhanced regulatory expectations in relation to the AML programmes being administered by financial institutions.
A US federal judge declared on 8 January 2014 that Bazaarvoice violated Section 7 of the Clayton Act by acquiring its main rival, Powerreviews.
Judicial review — more changes download
Several major judicial review changes to planning cases were implemented last year.
Part 4 of the Criminal Justice and Courts Bill contains a number of important changes to be introduced that seek to prevent judicial review from being a ‘brake on growth’.
The market for sponsored content or ‘native advertising’ has grown phenomenally in the last 12 months.
Karanovic & Nikolic has announced the launch of the BECTELLA (benefits, executive compensation, tax, employment and labour law) alliance.
It is common in investments for life sciences companies for a term sheet to be put in place between the investors and the founders that sets out the key terms of the investment.
The articles of association are a contract between the company and each shareholder and between the shareholders themselves.
All the existing shareholders and the company should be a party to the agreement, although it may not be practical for all minority shareholders to be a party if there is a large number of them.
King & Wood Mallesons has advised China Huarong Asset Management Co on phase one of the Huayuan 2014 CLO securitisation trust scheme.
KWM has advised Investec on the financing of Cirrus Media’s acquisition of the Medical Observer journal, ‘MyDr’ website and ‘Medical Media’ ambient information channel.
Kings Chambers’ clinical negligence and healthcare team has launched a blog featuring news and views of cases and legal developments.
Martin Carter of Kings Chambers has appeared for the intervener in Adamson v Paddico Ltd and others.
In EM (Eritrea) v SSHD, the Supreme Court addressed the appropriate test when determining whether it would be a breach of article 3 to remove an asylum seeker or refugee to a member state of the EU.
Binder Grosswang partner Christian Klausegger has been announced as one of the editors of the Austrian Yearbook on International Arbitration 2014.
JPM advises on all aspects of individual employment issues, as well as on collective bargaining agreements, redundancy plans and social and restructuring programmes.
Stamp duty land tax is to be replaced in Scotland by a new tax known as the Land and Buildings Transaction Tax.
As a general rule, positive obligations relating to land do not run with it — essentially they do not bind future owners of it.
The right to appeal the 2012 case of Philips v Francis has been granted amid widespread concern about how landlords of residential property can reliably collect service charges.
Some of the UK’s largest landlords have overturned previous High Court cases that had allowed insolvent tenants to continue trading from their premises without paying rent.
Claudette Christian, office managing partner for Hogan Lovells’ Rio de Janeiro and São Paulo offices, has been named International Lawyer of the Year by Latin Lawyer.
Law at Work — February 2014: reasonableness and extent of restrictive covenants did not apply to actions as a minority shareholder download
In this case, the High Court had to consider whether non-solicitation and non-dealing restrictions for a period of six months after termination of employment were enforceable.
It has been more than six months since the introduction of the new fee regime into the Employment Tribunal system, which took place on 29 July 2013.
The Law Commission for England and Wales has published its report on matrimonial property, needs and agreements.
A guarantor will be released from liability if the parties to the contract that is guaranteed vary its terms if the guarantor does not confirm its obligations.
As the aftermath of the global financial crisis continues to unfold, financial markets regulators have been criticised for missed opportunities to charge senior executives.
From 6 May 2014, claimants will only be able to lodge a claim with the Employment Tribunal if they have first referred a complaint to ACAS for early conciliation.
Limited changes: Luxembourg’s introduction of the AIFMD law consolidates its leading position in the private equity sector download
On 12 July 2013, the Luxembourg parliament transposed Europe’s Alternative Investment Fund Managers Directive into the national legislation (AIFMD law).
Over the past few years, there has been a slow trickle of employment tribunal decisions relating to the use of social media.
Linking to freely available content is not copyright infringement — the CJEU’s decision in Svensson v Retriever Sverige download
Internet users can use hyperlinks to redirect users to copyright works on other websites without infringing copyright as long as the copyright works are ‘freely available’ on the other site.
Litigation and Regulatory Update: no knock-out blow in bank fees class actions (Paciocco v ANZ) download
Both sides claimed victory when Justice Gordon of the Federal Court of Australia delivered her decision in the bank fees litigation, Paciocco v ANZ.
Mills & Reeve looks at the test for claiming litigation privilege and the ways in which organisations and their lawyers can safeguard a right to privilege where it may exist.
With the Lobbying Bill receiving Royal Assent on 30 January 2014, what are the key things you need to know about this new legislation and what impact is it likely to have?
Lobbying update download
After much deliberation, the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act finally came into force on 30 January 2014.
The Home Office has published a consultation on the shift from centrally to locally set licence fees.
The High Court has held that Amazon infringed Lush’s Community trademark by its purchase of the Google Adword ‘Lush’.
The LSE has published AIM Notice 38, which announced its consultation on proposed changes to the AIM Rules for Companies and the AIM Rules for Nominated Advisers.
Businesses that attempt to boost online sales by ‘piggybacking’ off the good reputations of similar products will have to radically rethink their tactics.
M&A Predictor — January 2014 download
KPMG’s M&A Predictor is a forward-looking tool that helps member firm clients to forecast worldwide trends in mergers and acquisitions.
A recent case considered whether a confidentiality agreement continued to apply after the conclusion of a further related agreement that contained no express obligation of confidentiality.
A contracting party not in existence when a misrepresentation was made could still rely on it.
Make way for family arbitration download
Arbitration can achieve an outcome for separating couples for a fraction of the cost and a fraction of the time that it would take to pursue court proceedings.
California has a reputation for employment litigation: it is the state where everyone seems to feel obliged to sue their boss for something.
In the past, vessels owned by foreign shipping companies and registered under non-Greek flags but managed through companies established in Greece used to enjoy tax immunity.
Memery Crystal was named Dispute Resolution Team of the Year at the 2014 Legal Business Awards for its litigation success on behalf of Gulf Keystone Petroleum.
Mexico has recently adopted amendments to the Mexican Constitution that will profoundly change all aspects of the electric power sector in Mexico.
Michael Conroy Harris, construction expert at Eversheds, has said that there is no spare capacity in the UK construction industry following the floods.
Mills & Reeve has assisted IVF clinic Bourne Hall on the agreement of a deal with Mobeus Equity Partners to raise a £3.5m equity investment.
Mills & Reeve has advised Trinity College on its acquisition of Dunsfold Park near Cranleigh in Surrey at a total cost of just more than £50m.
Mills & Reeve is supporting the newly established East Anglian division of the Society of Construction Law.
Mills & Reeve is a key supporter of a guide published by the Town and Country Planning Association on good practice for communities to look after new places in the long term.
Mills & Reeve has announced its support of the over-60s Elders project at the Royal Exchange Theatre in Greater Manchester.
Mills & Reeve has acted for existing client O&H Properties on the sale of a development site in Peterborough to Urban Self Build for the delivery of 11 custom-build houses.
Minerals Matters — winter 2014 download
This issue contains articles relating to human rights in the mining industry, data protection issues, the ability to remove squatters and the crackdown on bribery and corruption.
Minter Ellison has provided advice to Antofagasta, a copper company that has restructured two Australian companies via two schemes of arrangement under the Corporations Act.
Three years after investing in Discovery Holiday Parks, Next Capital, Allegro Funds, Macquarie Funds and management have sold the majority of the business to Sunsuper.
Minter Ellison has announced that two Australian intellectual property and patent and trademark litigators, and their team, have joined the firm.
Minter Ellison’s 2014 National CPD Week will be launched this month, offering something for in-house lawyers at any stage of their career.
In Hillcrest Homes v Beresford and Curbishley, the TCC decided that claims that had been advanced in negligent misstatement and misrepresentation could not be adjudicated.
This article explores profit and loss allocations by partnerships, the special rules for AIFMs and the disposal of assets through partnerships that lead to a tax advantage.
China’s merger review regulator has published criteria for a simplified merger review, the Interim Rules on Application Criteria of a Simplified Review.
DLA Piper’s financial services regulatory team has released the spring 2014 edition of its Money Laundering Bulletin.
Mourant Ozannes has assisted lead adviser Clifford Chance in advising Electra Private Equity on its £180m acquisition of Ogier Fiduciary Services.
Mourant Ozannes has announced the promotion of a number of lawyers to senior positions within the firm.
Tracey Forbes has been admitted as an attorney-at-law in the Cayman Islands following the successful completion of her articles of clerkship with Mourant Ozannes.
A report has been published in Nanfang Daily that includes an interview with Dacheng senior partner Zhang Xiang, who has been an active advocate of posting court documents online.
Collyer Bristow has appointed Nathan Donaldson as a partner in its employment team.
National cybersecurity framework released — has your organisation considered the implications? download
The cybersecurity framework is a risk management tool to assist companies with assessing the risk of cyber attack, protecting against attack and detecting intrusions as they occur.
More than 700 employers have been fined for breaching national minimum wage laws, with £4m being paid out to workers who have missed out in their pay packets.
NCTM has advised Italian fashion house Krizia on its sale to Shenzhen Marisfrolg Fashion Co, a Chinese women’s fashion producer belonging to Zhu ChongYun.
NCTM have advised Tamini, a manufacturer of transformers for electrical networks, on the sale of its entire share capital to Terna Plus.
NCTM has assisted La Gardenia Beauty, an Italy-based beauty and cosmetics retailer, with its restructuring following the entry of Fondo Orlando Italy into its share capital.
NCTM has represented the management of Gas Energia Pluriservizi in the acquisition of 100 per cent of outstanding shares of the company.
NCTM has expanded its practices by launching a team dedicated to the luxury and fashion industry.
New Acas guidance published on asking and responding to questions of discrimination in the workplace download
The existing statutory framework under which individuals can ask questions about discrimination in the workplace will be repealed on 6 April 2014.
New LLP tax rules download
HMRC has published updated guidance on the new ‘salaried member’ rules — the rules that will treat members of an LLP as an employee for tax purposes in certain circumstances.
The government has published the eagerly anticipated Model Services Contract. It replaces the OCG Model ICT Contract version 2.3.
With the European Parliament adopting three new directives covering public procurement on 15 January 2014, Mills & Reeve looks at the potential implications for the third sector.
New rules that will apply to most businesses have been laid before parliament. These rules will apply to relevant consumer contracts entered into on or after 13 June 2014.
The Sentencing Council recently issued useful guidelines regarding sentencing in relation to fraud, bribery and money-laundering corporate offences.
New Sexual Offences Sentencing Guidelines — ‘previous good character’ can be aggravating factor download
An overhaul of the Sexual Offences Sentencing Guidelines will focus on psychological harm rather than physical harm.
Paul Maile, partner and planning expert at Eversheds, has commented on proposals for a new UK planning court.
The Unsolicited Proposal Guideline provides a framework for the government’s assessment and implementation of infrastructure proposals that originate directly from the private sector.
New US cybersecurity framework issued: in wake of cyber attacks and lawsuits, how should organisations respond? download
This alert summarises the framework’s key elements and suggests practical strategies organisations can use to assess whether and how to use the framework.
On 5 February 2014, the National Labor Relations Board voted 3–2 to reissue a notice of proposed rulemaking to amend its representation election procedures.
No more Mr Nice Guy — fail to adhere to court orders, rules and practice directions at your peril download
When the Civil Procedure Rules were amended last year, the revised overriding objective made it clear that the rules were in place to enable the court to deal with cases justly and at proportionate cost.
A winding-up order was wrongly made where a creditor was described as a contingent creditor, but the underlying debt upon that the petition was based appeared to be genuinely dispute
The No5/Jones Lang LaSalle Midlands Planning Conference: Planning for Growth, charity dinner and raffle raised funds for Marie Curie Cancer Care and the Samaritans.
No5 Chambers and White & Case are sponsoring the UK Jessup Moot Competition for the third consecutive year.
Matthew Brook of No5 Chambers has prosecuted in a case where members of a drugs gang have been jailed for a total of 51 years.
Hashi Mohamed has successfully represented Cornwall Council in a judicial review that is likely to have far-reaching ramifications for local authorities.
Two No5 Chambers barristers have been shortlisted for the Birmingham Law Society Legal Awards 2014: Abid Mahmood and Nabila Mallick.
No5 Chambers’ Alex Stein has represented the appellant in a case in which the Court of Appeal handed down an important decision in relation to mens rea.
James Dixon of No5 Chambers has appeared on behalf of appellant Peter Venables in the Court of Appeal in respect of an appeal against a sentence of detention for public protection.
No5 Chambers barrister Emma Edhem has been elected to the Court of Common Council in the Ward of Castle Baynard in the City of London after a contested by-election.
No5 Chambers’ Ian Dove has been interviewed for an article in Planning Magazine. Dove was discussing how local authorities are struggling to meet their ‘duty to co-operate’.
No5 Chambers barrister James Dixon appeared on BBC Radio West Midlands’ Danny Kelly Show twice during the week commencing 20 January.
No5 Chambers planning and environment group member Chris Young will be speaking at this year’s PEBA National Conference.
Paul Marshall from No5 Chambers was instructed against the decision of HH Judge Pelling QC in Hone and Ors v Abbey Forwarding.
On 7 February 2014, barrister Rowena Meager from No5 Chambers appeared on the Danny Kelly show on BBC Radio West Midlands.
Russell Bailey from No5 Chambers has succeeded in an appeal to the Employment Appeal Tribunal in the case of London Central Bus Company Ltd v Manning.
Barrister Alex Stein from No5 Chambers has prosecuted former foundry owner Laurence Brown from Mansfield for exposing workers to lead poisoning.
NYAG forges new ground in scrutiny of pharmaceutical agreements with first-filer exclusivity no-challenge settlement download
NYAG has reached a settlement with two drug manufacturers regarding allegations that an agreement between the firms not to challenge each other’s eligibility for regulatory exclusivity was anti-competitive.
NYSE and NASDAQ post forms for listed companies to certify compliance with revised compensation committee listing standards download
Companies listed on the NYSE and NASDAQ are required to certify their compliance with some of the revised standards.
The Committee of Fiscal Affairs of the OECD has released its proposed updated guidelines on transfer pricing documentation.
The partners of Ogier Fiduciary Services have agreed terms to complete a management buy-out of the Ogier Fiduciary Services business from the Ogier Group.
OMB publishes final uniform guidance governing grants, co-operative and other funding agreements with federal agencies download
The OMB has published a series of significant reforms to the government’s policies relating to grants and co-operative agreements.
A Court of Appeal decisionhas ended the legal uncertainty as to whether claimants who had accepted the maximum amount the Ombudsman can award could then sue in court for the balance of their losses.
The Brussels Regulation sets out a system that allocates jurisdiction to the courts of EU member states.
A dispute related to a shipbuilding contract where the bank guaranteed the payment obligations of its customer, the buyer, to the claimant seller under the contract.
Online reviews present a risk for businesses as they may engage in misleading or deceptive conduct in contravention of the Australian Consumer Law.
Francois Barker, head of pensions at Eversheds, has commented on the UK Office of Fair Trading’s decision not to refer DC pensions to the Competition Commission.
Opinion that employee not disabled under Equality Act does not give employer defence for not making reasonable adjustments download
Employers have a duty to make reasonable adjustments for disabled employees. However, this duty only arises where the employer knows the employee is suffering from a qualifying disability.
French private equity and venture capital magazine Option Finance has named Wragge & Co’s Paris private equity team one of the best in France.
The claimants transferred to the employer, after which the college employed some 3,500 staff on 37 different sets of terms and conditions of employment providing offender learning services.
Outer Temple Chambers has achieved a payout of more than £500,000 in the case of Ceri Leigh v The London Ambulance Service.
Outer Temple Chambers has announced that David Russell QC, together with Javier Canosa, will be speaking at the Private Client Forum this month.
Ben Compton QC from Outer Temple Chambers has acted for the family of Samuel Boon during the recent inquest into his death.
Richard Hitchcock from Outer Temple Chambers has been selected for the award of Queen’s counsel.
Mark Mullins of Outer Temple Chambers is representing Christine Nolan in the collective redundancy consultation case of USA v Nolan.
Partner and founder
Allen & Overy’s Hong Kong arbitration partner, Matthew Gearing, has been appointed to Queen’s Counsel. He is one of only five solicitor-advocates named in the roll call this year.
Wragge & Co’s life sciences team has brokered a licensing agreement between AstraZeneca and a partnership of Belgian life sciences research institutes.
For a dismissal to be fair, the employer must show that the reason for dismissal or, if more than one, the principal reason, is one of the categories of potentially fair reason under the legislation.
Paul England and Kathleen Fox Murphy look at the application of the patents system to the ‘internet of things’.
Payments required under contribution notices can exceed the shortfall in the pension scheme download
Under section 47 of the Pensions Act 2004, a contribution notice may be issued to more than one qualifying target.
A section in last year’s Enterprise and Regulatory Reform Act is coming into force for claims started on or after 6 April.
It is common for parties to commercial agreements to agree mechanisms for resolving breaches of their agreement without having to resort to legal proceedings.
Pension risk — market update download
Last year was a ground-breaking year. The longevity swap market broke previous records with £8.9bn of liabilities being passed to providers.
Pensions Pieces: DWP consultation on the draft Occupational Pension Schemes Regulations 2014 download
The DWP has concluded a consultation on the draft Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2014, which broadly provide for three changes.
The provision of the so-called ‘moral hazard’ powers to the Pension Regulator under the Pensions Act 2004 has caused significant concerns.
Pensions Pieces: minister announces delay to the imposition of a cap on charges in relation to DC pension schemes download
Pensions minister Steve Webb has confirmed that the introduction of the proposed cap on pension charges will not be introduced before April 2015.
Pensions Pieces: Pensions Regulator/ICAEW publish draft framework for master trusts for consultation download
The Pensions Regulator and ICAEW have published a draft reporting framework to help employers better understand the governance and administration arrangements of master trusts.
Last summer, the DWP announced that the new regulations would be delayed until April 2014, with a draft laid before parliament in advance.
The end of 2013 saw a flurry of activity both from the Department for Work & Pensions and the Pensions Regulator in relation to public service pension schemes.
Pensions Pieces: regulator’s DC compliance and enforcement policy — final version now published download
The Pensions Regulator has issued its final compliance and enforcement policy for occupational defined-contribution trust-based pension schemes.
Draft regulations setting out the revised earnings thresholds for auto enrolment for the 2014–15 tax year have been laid before parliament.
One of the key issues of a ‘yes’ vote in the Scottish independence referendum will be the impact it has on the provision of pensions across the UK.
The regulator has published its consultation on a draft revised Code of Practice No. 3 for DB scheme funding, a draft new DB regulatory strategy and a revised DB funding policy.
This article looks at what prompted the Law Commission’s consultation on the fiduciary duties of investment intermediaries, what it is focused on and what might come next.
Following the Wheels case and the PPG case we now await a further decision on the VAT charges on pension schemes, relating to the case of ATP Pension Service A/S v Skatteministeriet.
The DWP has provided long-awaited confirmation of the approach that will be taken to scheme benefits that are reclassified from money purchase to defined benefit in April 2014.
PF2 — one year on download
In this article, Stephenson Harwood revisits the changes introduced by PF2 and looks at what progress has been made over the past year.
Pharmaceutical sector update download
The latter half of 2013 proved to be an interesting period for the pharmaceutical sector from a competition law perspective.
For the fifth consecutive year, the IAOP has announced that Pillsbury has been included on ‘The World’s Best Outsourcing Advisors’ list.
Business consulting firm BTI has named Pillsbury partners Bruce Ericson and Maria Galeno to its Client Service All-Stars list.
Pillsbury has been voted by Japanese companies as one of the top seven US law firms for overseas legal issues in a survey conducted by Japanese newspaper Nikkei.
Planning disputes made easy? download
A proposal has recently been submitted for planning disputes concerning large building projects to be fast-tracked through a specialist court.
This article will focus on the proposed reforms to judicial review and cost-capping orders, which will affect planning and environmental matters.
DLA Piper’s Todd Toral discusses how unsettled cybersecurity laws puzzle companies on the Privacy Piracy Radio Show.
Popovici Nitu & Asociatii is acting as special adviser to the number-one-ranked Romanian professional tennis player, Simona Halep.
Principals and contractors need to be aware that in not registering security interests under the PPSA 2009, they may risk serious consequences.
Louise Taylor considers the privacy challenges posed by the ‘internet of things’.
Buyers of businesses are often anxious about what the sellers will do after completion of a deal.
This briefing provides an update on the Court of Appeal judgment in BAA Ltd v HMRC  EWCA Civ 112.
Alegro Capital LLP v AllProperty Media Pte Ltd is a stark illustration of how a lack of clarity can leave both sides of a dispute hundreds of thousands of pounds out of pocket.
Private rights, public wrongs: Trafford v Blackpool Borough Council — the public law control of contractual discretion download
This case is a reminder that while local authorities have the power to do ‘anything that individuals generally may do’, this does not mean they are free to make decisions as individuals might.
This is a short but salutary tale from a High Court decision earlier this month, where the duration of liabilities under a lease was linked to the lease completion date.
The issue of whether an easement has been created on a sale off of part of a larger site, with the seller retaining the unsold land, has again come before the courts.
The 2001 Law Commission Report led to the introduction of the Land Registration Act 2002. This replaced the 1925 version of that act.
The Technology and Construction Court recently decided that claims that had been advanced in negligent misstatement and misrepresentation could not be adjudicated.
In R v Horsham District Council, Lindblom J considered the validity of a section 106 planning agreement that required a payment to be made by the applicant.
Property Update — February 2014: Re Game Station — the Court of Appeal has overturned the law on administrators paying rent download
The Court of Appeal has issued its judgment in the ‘Game’ case: Jervis & Anr v Pillar Denton Limited & Ors.
Property Update — February 2014: what is the status of an adjudicator’s decision before court judgment or an award by an arbitrator? download
What is the status of an adjudicator’s decision, in the period following the decision but before a judgment by a court or an award by an arbitrator?
New directive would require member states to provide in their national legislation for criminal sanctions related to insider dealing, market manipulation and unlawful disclosure of inside information.
Western Australia’s workers’ compensation scheme commenced operation in 1981.
An international trade fair presents an opportunity for those who choose to ride on the back of your investments and infringe your rights to launch competing products.
Public register on EU trusts download
The European Parliament is due to vote on the fourth Money Laundering Directive. An important feature is the suggestion to establish a public register for all trusts held in the EU.
Dacheng senior partner Yu Bin has been appointed as an arbitrator by the Qingdao Arbitration Commission.
Parties to litigation need to be aware of the gravity of signing a statement of truth: signing an apparently false statement may lead to proceedings for contempt of court.
The Office of Fair Trading’s principles for online and app-based games have been finalised and industry is being given until 1 April 2014 to comply.
JPM’s real-estate and construction department advises on all aspects of real estate, including legal support in significant real-estate transactions.
In this update, Stephenson Harwood highlights a number of issues that a developer should be aware of when a substation is required.
Following the completion of recent negotiations between Iran and the P5+1, an interim deal relating to sanctions against Iran was reached on 24 November 2013.
The government’s announcement in December 2013 that subsidies for solar energy are to decrease may have an impact on investment trends in the renewables market.
Under a civil service voluntary exit scheme, employees aged 60 or over had their severance compensation capped at six months’ pay.
Paul Reeves, employment partner at Stephenson Harwood, has discussed what employers need to know about the Early Conciliation Rules of Procedure.
New legislation reforming the Belgian State Council, the supreme administrative court of Belgium, was published on 3 February 2014.
Registering as a financial institution via IRS FATCA portal and the role of the responsible officer download
Ogier has compiled the most frequently asked questions regarding the Foreign Account Tax Compliance Act (FATCA) regulations.
Relief from sanctions cases download
Lenders need to be aware of a number of judgments on relief from sanctions applications featuring the reworded Civil Procedure Rule (CPR) 3.9.
Pre-contract enquiries can be time consuming and look cumbersome but replies to enquiries are an important source of information for a buyer.
Last year was an eventful year in the residential sector. In this briefing, Eversheds looks back through the top five influential and surprising cases.
Businesses need to be bear in mind that the Tour de France’s intellectual property rights are likely to be zealously protected.
A worker can be accompanied at disciplinary or grievance hearings by a fellow worker or union official when the worker ‘reasonably requests to be accompanied at the hearing’.
Michael Conroy Harris, construction expert at Eversheds, has commented following the release of new UK construction PMI figures showing a pick-up in activity in January.
Royal Court clarifies limits of customary law exception in respect of time-barred breach-of-trust claims brought by incoming trustee download
Where a newly incorporated PTC recently appointed as successor trustee seeks to bring claims for breach of trust against predecessors, it will not be able to benefit from empêchement d’agir.
S Chelvan from No5 Chambers has commented in The Observer on the ‘humiliation’ faced by gay asylum seekers.
The Insolvency Service’s most recent quarterly statistics show a 12 per cent rise in construction company compulsory liquidations.
Shoosmiths considers exclusion clauses in sale-of-goods contracts in light of the recent Commercial Court decision of Glencore Energy Ltd v Cirrus Oil Services.
The first same-sex marriages can take place in England and Wales on 29 March 2014. The legislation gives surviving same-sex spouses similar occupational pension rights to civil partners.
From 13 March 2014, under English and Welsh law, married persons of the same sex will need to be provided with the same pension rights as those in civil partnerships.
In Scotland, significant technical changes to planning legislation were brought into effect in August 2009 with the introduction of the current hierarchy of developments.
Stephenson Harwood has appointed Sean Angle as a corporate and projects partner in its Dubai office. He joins the law firm from DLA Piper Middle East.
This report provides an introduction to the range of opportunities available in UK core cities, together with representative market transactions.
SEC provides expanded no-action relief from broker-dealer registration for intermediaries in private M&A transactions download
The staff of the SEC’s Division of Trading and Markets issued a no-action letter on 4 February that provides guidance on how intermediaries may effect securities transactions.
The Second Circuit has broadened the SEC’s power to seek civil disgorgement of profits from insider trading violations, even where an individual did not personally profit.
A long-term holder of securities may wish to enhance the yield provided by such securities by lending in exchange for collateral and a fee.
This briefing provides a summary of key trends in each jurisdiction is supplemented by detailed case overviews across each Australian jusrisdiction.
On 24 June 2014, Allen & Overy will host a seminar entitled ‘What do we do now: an overview of the law of contract — part two: termination and remedies’.
A tax reform proposal released by the Senate Finance Committee would have a major impact on the real estate industry, according to comments by a number of industry groups.
It is not generally appropriate for the courts to intervene to remedy minor irregularities in the course of the disciplinary proceedings between employer and employee.
As a leading international offshore centre, the majority of the high-value commercial litigation that reaches the BVI Commercial Court is cross-border in nature.
In Gray v Smith & Others, Mr Justice Cooke determined a dispute involving conflicting proprietary claims to a rare McLaren F1 GTR Longtail.
A number of cases have been concerned with the identification of a shadow and/or de facto director. The High Court decision in Smithton Ltd v Naggar is the latest.
Ship arrest in Greece download
If a ship is arrested in Greece, the Greek legal framework provides for two types of seizure of the assets of the debtor.
NCTM’s latest Shipping and Transport Bulletin includes comment on the Italian law relating to the granting of financial aid to Italian stevedoring companies.
The Shipping E-Brief is a quarterly publication providing information on key legal decisions and developments in shipping and related business areas.
Shoosmiths has advised Singapore-based Freight Investor Services on the strategic sale of a majority shareholding in Cleartrade Exchange to European Energy Exchange.
Lisa Tye and Kathryn Jump have joined Shoosmiths’ Manchester office, where they will be working alongside Melaine Grimshaw and Marcus Woody.
Should I stay or should I go: dismissal fair despite disregard for appeal panel’s conclusion download
A small fire broke out in a children’s nursery. The claimant was accused of having tried to start the fire and was dismissed for gross misconduct.
Since 2012, the government has been conducting an audit of EU powers, with a view to seeking their repatriation to the UK in appropriate cases.
Public companies and large private companies that have been incorporated a number of years are likely to have accumulated a number of subsidiaries, some of which will be defunct.
In a long-anticipated move, the Regulator published its discussion paper on charging fees for regulation on 10 February 2014.
Kings Chambers has opened its doors to four sixth-form students as part of Bar Placement Week.
Mr Smyth was an employee of Woolf Engineering and a member of Woolf’s group personal pension plan, which was administered by Scottish Life.
In this two-part article, Clare Brown examines recent developments and potential risks of various social media websites, including Facebook, LinkedIn and Twitter.
Spain’s Basque Country extends participation exemption regime to capital gains on transfer of shares in Spanish companies download
Spain’s autonomous Basque Country region has extended its participation exemption regime to capital gains derived from the transfer of shares in Spanish companies
Where a counterparty was entitled to specific performance of a contract with a company prior to its entry into administration, the counterparty should still be entitled to specific performance.
Sports, Media and Entertainment Intelligence is the global monthly publication from DLA Piper’s sports, media and entertainment group.
On 1 January 2014, two new measures relating to so-called de minimis state aid have been introduced and will apply until 31 December 2020.
Stay up to date with export controls download
Numerous recent developments in export controls highlight the importance of staying up to date from both a reputational and regulatory perspective.
Stephenson Harwood has advised Incadea on the acquisition of RC Real Business Solutions and an associated placing of 11,100,000 ordinary shares.
Stephenson Harwood has advised three separate companies on their recent secondary fundraisings, raising more than £60m in aggregate.
Stephenson Harwood has appointed Michael Kim as a partner in the marine and international trade practice.
Stephenson Harwood has hired Yann Beckers as a partner in its Paris banking and finance department. He joins the law firm from Clifford Chance.
Stephenson Harwood has commented on some of the recent key legal and regulatory developments that have occurred in relation to occupational pension schemes.
A recent case highlights the potential ease for employee concerns in multiple emails about health and safety to amount to a protected disclosure under whistleblowing legislation.
Sunnier times for hotels in 2014, but hoteliers see online travel agent costs as clouds on the horizon download
The welcome positive outlook for the hotels sector that accompanied the start of 2014 may be marred by concerns arising from online travel agents.
With more charities being urged to merge to cope with reduced funding, we take a look at the potential advantages in merging and the legal points to consider before going ahead.
Chevalier & Sciales has created a treaty table to provide you with a view of the Luxembourg double tax treaties in force or currently pending.
English courts have ruled that accepting an award from the FOS can be a bar to any further proceedings in England and Wales. Shoosmiths examines whether the same principles apply in Scotland.
Tax Guide 2014–15 — South Africa download
This guide details the thresholds for a variety of taxes, both personal and business, in South Africa from 1 March 2014 onwards.
Tax newsletter — February 2014 download
The tax authorities in the region have been intensely active towards the end of 2013 and the beginning of 2014 and have implemented several legislative changes.
Taylor Wessing has advised Delfingen Industry on the acquisition of Langendorf Textil and its subsidiary MBG Techbelt Innovation.
Taylor Wessing has advised Grand City Properties on its issue of €150m senior secured five-year convertible bonds convertible into new and/or existing ordinary shares.
Taylor Wessing has advised global investor Kohlberg Kravis Roberts & Co (together with its affiliate KKR) on its strategic partnership with Hertha BSC & Co.
Taylor Wessing has advised Centerplate on a joint venture with International Stadia Group and the commercial agreements with Club Atlético de Madrid.
Taylor Wessing has acted on behalf of Lord and Lady Tanlaw and their family trusts in relation to the sale of Fandstan Electric Group to New York-listed Wabtec.
Taylor Wessing has been named one of eprivateclient’s Top 25 Most Admired Companies.
Taylor Wessing has been shortlisted for the ‘Effective Legal Team’ award at the WealthBriefing European Awards 2014.
Taylor Wessing has been named as the winner of the Legal Technology Team of the Year at the 2014 Legal Business Awards.
DLA Piper has advised St James’s Place UK and the St James’s Place Property Unit Trust on the purchase of Richmond Riverside from a fund owned by JP Morgan.
Allen & Overy partner John Terzaken will be a speaker at this year’s GCR Live third annual Antitrust Law Leaders Forum in Miami on 7 and 8 February.
The ‘costs’ of facing an employment tribunal claim: increase in compensation rates, penalties and fees download
From 6 April, the statutory limits on the level of compensation that employment tribunals can award will go up. What does this mean for employers?
In his state-of-the-nation address in December 2013, the Russian president stressed the need for urgent measures to ‘de-offshorise’ the economy.
A number of life sciences industry bodies have jointly published a report entitled ‘From vision to action: delivery of the strategy for UK life sciences’.
Parties to litigation need to consider the risk that their commercially confidential information may be disclosed, either to the other side or to the general public in the course of the litigation.
The role of judges now involves preventing parties from incurring disproportionate costs and is not limited to controlling the level of costs recovered by the winner from the loser.
Protected food name status is awarded by the European Commission. The relevant EU legislation has been around since 1993.
Investrónica filed an opposition to Olympus Imaging’s trademark application for the mark MICRO based on the prior Spanish registration for overlapping goods.
The Brits, Baftas and immigration download
The Brits and Baftas have recently come and gone, but do its international stars need immigration permission to ‘work’ in the UK?
The final version of the revised public benefit guidance has now been published, which replaces all previous guidance.
One innovative deal structure is geographical licensing. While apparently simple on the face of it, the devil is in the detail.
The Cybersecurity Framework: administration and Congress move to incentivise private sector co-operation download
The White House has announced its eight preliminary incentives to encourage private sector owners and operators of critical infrastructure to adopt the final Cybersecurity Framework.
Allison Leopold Tilley and Jorge del Calvo of Pillsbury have been named by The Daily Journal as being among California’s top private equity lawyers and emerging companies lawyers.
The end of law firm funding? download
Maurice Blackburn has formally abandoned its novel attempt to have a related entity fund a class action in which it acts for the applicant.
There is no doubt that the last decade will come into history as a period when London became a legal battleground for big business disputes emerging from Russia.
This update sets out the most significant developments of the new public procurement directives.
The Fair Work Commission has upheld the dismissal of an employee who refused to acknowledge that he had read and understood his employer’s social media policy.
As a result of budgetary constraints, the Family Courts are under more pressure than ever before.
The Financial Report — donation-based platforms, SEC’s draft strategic plan and ASIC information sheet for whistleblowers
DLA Piper has released the latest version (Volume 3, No.4) of The Financial Report, featuring news and analysis from across the financial sector.
DLA Piper has released the latest version (Volume 3, No. 3) of The Financial Report.
Kemp Little has listed several changes that employers should look out for in 2014.
The great secret of power is never to will to do more than you can accomplish — the Lord Rennard matter download
The Lord Rennard debacle reads like a case study on how a large organisation or company should not handle a reputational threat.
In the case of Specsavers International Healthcare Ltd and Others v Asda Stores Ltd, the CJEU ruled on the relevance of colour to a mark.
The importance of legal opinions download
This briefing explains what legal opinions are and why they can be of critical importance on a cross-border transaction.
The case of Richard Gabriel v Peter Little and others has highlighted the importance of engagement letters in clarifying the scope of a professional retainer.
This briefing describes the general offence/what constitutes prohibited conduct; and highlights the extent of ASIC’s recent activity in prosecuting insider trading and market misconduct offences.
This article details what types of transactions give rise to a heightened risk of insider trading, highlights the importance of confidentiality and provides practical guidance.
Walker Morris has updated its employment legislation tracker for February 2014.
Karanovic & Nikolic has been named ‘Law Firm of the Year’ for Eastern Europe and the Balkans at The Lawyer’s recent annual European Awards ceremony.
Walker Morris corporate partner Debbie Jackson has been listed as one of The Lawyer’s Hot 100 Lawyers in its annual research report.
Luxembourg has entered into 68 comprehensive double tax treaties based on the OECD model tax convention on income and capital.
The media landscape in 2014 download
Lorna Caddy and Adam Rendle set out some predictions on how the media landscape is likely to change and develop during the course of 2014.
Section 1 of the new act provides that ‘a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant’.
The Lord Rennard ‘saga’ continues to play out in the news.
If an employer becomes insolvent and has a defined-benefit (DB) pension scheme in deficit, the Pension Protection Fund (PPF) will act as a creditor on behalf of the scheme to maximise recovery from the employer.
The Court of Appeal has given judgment in the Gamestation case (Jervis v Pillar Denton and Others). It affects the way that rent is treated in an administration.
The applicant filed a Community trademark application for a mark covering services including travel services and holiday camps.
Two years on from DLA Piper’s report The Trust Deficit: Views from the Boardroom, the firm returns to the theme and asks how companies can foster a culture of trust in a post-crash economy.
In November, a US court gave a significant judgment on the scope of the US ‘fair use’ provision, holding that Google’s acts in relation to the Google Books project constitute fair use.
There may be circumstances when disclosure of a party’s insurance arrangements can be ordered by the court download
A group of litigants has been granted an order for disclosure of a defendant’s insurance arrangements in respect of the defendant’s potential liability in the litigation.
Graham Hann considers the main legal (and some practical) issues with the ever-expanding ‘internet of things’.
Thew case: Deputy Pensions Ombudsman rules on the effect of changes to state pension age on scheme rules download
Mrs Thew had two periods of employment with Marks & Spencer during which she was a member of the Marks & Spencer Pension Scheme.
In this video, Sarah Sasse looks at some of the key principles of contracting with the government, which was recently launched by the Cabinet Office.
This post outlines what a fund is, who the main parties to a fund are and how the fund is formed.
In December 2013, Getty Images’ third appeal against OHIM’s decision not to register its PHOTOS.COM trademark was rejected.
Three Raymond Buildings’ Kevin Baumber has defended a police officer and a family member at the Old Bailey.
Patrick Gibbs QC of Three Raymond Buildings has appeared for PC Keith Wallis, who pled guilty on 10 January to an offence of misconduct in public office.
Three Raymond Buildings’ Hugo Keith and Ben Watson have represented the Republic of South Africa in the appeal of Mr Dewani.
The licensing committee of Blackpool Council has unanimously decided not to recommend the imposition of an early-morning restriction order.
On 5 February 2014, the Supreme Court heard a joint appeal of two cases with different facts, but with the same issue to be decided.
Evershed’s head of product liability, Richard Matthews, believes Toyota’s latest recall could once again dent the firm’s reputation.
Colours can be registered as trademarks. For example, Heinz has successfully registered the turquoise colour used on its baked-bean tins.
John Baldwin QC has delivered a noteworthy judgment concerning the use of trademarks in keyword advertising and in the search results returned by website search tools.
A report commissioned by DLA Piper — The Trust Report: After the Crash — has found that an anti-business mood is hampering a sustainable recovery.
Trusts (Capital and Income) Act 2013 download
Winckworth Sherwood has provided a summary of the Trusts (Capital and Income) Act 2013.
The new TUPE regulations taking effect introduce a number of amendments that could have considerable importance for charitable organisations.
TUPE changes in force download
The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations came into force on 31 January 2014.
The long-awaited reforms to the Transfer of Undertakings (Protection of Employment) Regulations 2006 have come into force.
TUPE reform: what you need to know download
The long-trailed changes to the Transfer of Undertakings (Protection of Employment) Regulations came into force on 31 January, together with updated TUPE guidance.
The TUPE Regulations 2014 came into force on 31 January 2014 and made a number of changes to the existing legislative framework on transfers of undertakings and collective redundancies.
In a rare win for the little man, Comic Enterprises Ltd has been successful in its claim Twentieth Century Fox’s use of the word ‘glee’ amounted to trademark infringement.
Arendt & Medernach partners Claude Kremer and Gilles Dusemon have been identified as leading lawyers in the field of private funds by the International Who’s Who Legal.
Two new references have been made to the CJEU asking for preliminary rulings on issues under Regulation (EC) No 469/2009.
UK amends TUPE regulations download
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) has been in the spotlight as part of the UK government’s employment law review.
UK business transfers: TUPE changes download
On 31 January 2014, new regulations came into force that amend existing TUPE and collective redundancy legislation.
Eversheds associate Alison Messenger has commented following the publication of UK sentencing guidelines for environmental offences.
MAC has published a report on the Tier 1 investor visa, which focuses on whether the investment thresholds of the current scheme provide sufficient economic benefits to the UK.
The Pension Protection Fund has recently published an explanatory statement entitled ‘Restructuring and insolvency: the PPF approach’.
Bristows has published its Up close and personnel newsletter for January 2014.
The US government has taken another important step in helping to reintegrate Myanmar (referred to as Burma for official purposes) into the global economy.
When the claimant in Vision Events (UK) Ltd v Paterson was made redundant, he asked to be paid for in excess of 1,000 hours of flexitime.
VAT — zero per cent on new-builds? download
If you are building a new home, the rate of VAT on the cost of labour and materials can be reduced to zero per cent (‘zero rated’).
HMRC has issued a keenly awaited announcement in response to the CJEU’s ruling in PPG Holdings BV (C-26/12).
A term sheet is a document that outlines the key financial and other terms of a proposed investment.
While a business founder may have come up with a brilliant invention, he or she may be totally unfamiliar with even the most basic corporate concepts.
In these video briefings, Pillbury partner Mike Sullivan takes on four key issues that entrepreneurs commonly contend with in the early days of their start-up efforts.
This video report explores some of the key factors underpinning Asian investment in the Australian real-estate market.
Video: Pillsbury 2013 highlight reel — achievements in the energy, financial services, real estate and technology sectors
Pillsbury has produced a three-minute video update featuring its most noteworthy engagements and achievements from 2013.
Pillsbury lawyer Amy Pierce captures the key acronyms, abbreviations and definitions relevant to the virtual currency industry.
Intellectual property (IP) lawyers at Walker Morris have achieved success in a recent high-profile music dispute involving 1970s rock band Wishbone Ash.
The Walker Morris leisure team will be exhibiting at the LGA/cCLOA Annual Culture, Tourism and Sport Conference 2014 on 3–4 March in Portsmouth.
Walker Morris has teamed up with Bloom to run a series of breakfast seminars to discuss the issues and opportunities surrounding the management of brands in a digital age.
The corporate department of Walker Morris has scooped accolades in two separate research reports.
Employer seeking to dismiss employees without notice for acts of gross misconduct should be mindful of recent case law in this area.
The move towards ‘ubiquitous computing’ has led to the development of a new technology category: wearable technology.
A Brazilian newspaper has reported that the Internal Revenue Service is preparing regulations to require foreign web-based companies to invoice locally and pay local taxes.
Westburg Anstalt v Profitstar Anstalt: service out of the jurisdiction — the BVI is back in business download
As a leading international offshore centre, the majority of the high-value commercial litigation that reaches the BVI Commercial Court is cross-border in nature.
The Migration Advisory Committee has released its much-leaked report on the Tier 1 (investor) visa route.
Fundraisings of early-stage life science companies can be complicated affairs from the point of view of actually securing the funds from investors in the first place.
This alert provides a preliminary assessment of the cybersecurity EO and observations that may be helpful in considering how new standards may affect your company.
This may be the year that swap market counterparties face the full effect of dual US and foreign regulatory requirements for cross-border swap activities.
The issue of what duties a lead underwriter owes to the following market when settling a claim was considered by the commercial court in the context of a ‘follow clause’.
What is the status of an adjudicator’s decision, in the period following the decision but before a judgment by a court or an award by an arbitrator? Just how ‘binding’ is it?
What is your opinion? Why opinions can be of critical importance on a cross-border transaction download
Opinions are common legal documents, although their importance is often overlooked. This post explains what they are.
Taylor Wessing predicts what new technological developments and products might be launched over the coming year and what legal issues could result.
A life sciences company raises funds either by issuing shares or by borrowing money from individuals, venture capital bodies or lending institutions.
On 10 December 2013, HMRC published the 2014 Draft Finance Bill. The new rules will come into effect from 6 April 2014.
The data are hugely valuable. But who owns them? The answer is no one — there is no property right in a piece of data itself.
This article considers the key competing mobile payment technologies and the legal risks, and how the adoption of these technologies may shape the payments market of tomorrow.
If you do not make a will, then you lose control over what happens to your estate following your death.
Gerard Karp is now co-heading Wierzbowski Eversheds’ privacy, information and communication technologies team and electronic communications team.
The public interest in the financial dealings of Europe’s football clubs is steadily increasing as UEFA continues to monitor spending to track compliance with its FFP rules.
Ben Williams of Kings Chambers has advised Blackpool Borough Council in respect of an early-morning restriction order.
Williams v Central Bank of Nigeria download
The court looked at the issue of whether a stranger to a trust, who dishonestly assists in a breach of trust, is a ‘trustee’ within the meaning of s21(1)(a) of the UK Limitation Act 1980.
Winckworth Sherwood has been shortlisted for the Best Community Engagement Programme at the Management Excellence Awards.
A winding-up petition is not appropriate for a debt that is disputed on substantial and bona fide grounds.
Withers partner Kristin Konschnik and associate Jaime McLemore have authored a guide for charities targeting the US fundraising market.
Withers and Focus, an expat membership organisation for international people living in the UK, have put together a survey to help understand awareness levels around succession planning.
Withers has been named ‘Law Firm of the Year — Hong Kong’ at the Citywealth International Financial Centre Awards.
The private equity team at Wragge & Co has advised Mobeus Equity Partners on a £6m investment in the management buyout of Entanet International.
Wragge & Co’s banking and finance team has assisted long-standing client Sanctuary Group in the securing of a £350m loan from the European Investment Bank.
Wragge & Co’s intellectual property (IT) team has won TMT Team of the Year at The Legal Business Awards.
There are two types of s21 notice and it is important that the correct one is issued to the tenant.
It’s been DLA Piper’s week. First it overhauls its global management team, then it spreads its already considerable wings to set foot in Canada for the ...
Dechert is targeting growth in Asia following what chief executive officer Daniel O’Donnell described as “a year of consolidation” in 2013.
Dickson Minto is beefing up its banking department with the hire of Weil Gotshal & Manges senior associate Chris Barron, who is joining the firm as a partner.
Fladgate has continued its recent run of lateral hires with a pair of partners from Dentons and Ashfords.
Fladgate has overhauled its partnership structure ahead of the introduction of HMRC’s new rules on the tax treatment of fixed-share partners.
HMRC has given the green light to a wave of capital calls at LLPs across the UK, but its much-anticipated updated guidance on the tax treatment of salaried members is still likely to give firms several finance-related headaches.
Allen & Overy (A&O), Clifford Chance, Latham & Watkins, Norton Rose Fulbright and White & Case have successfully renewed their Qualifying Foreign Law Practice (QFLP) licences in Singapore, while Herbert Smith Freehills (HSF) has decided not to re-apply.
Skadden Arps Slate Meagher & Flom has rejigged its management committee, with London managing partner Bruce Buck handing the bat to M&A partner Pranav Trivedi.
Tikit has announced the development of the Carpe Diem Mobile app for Windows 8 Mobile users.
The High Court has upheld a Solicitors Disciplinary Tribunal (SDT) decision to fine a West End firm for misconduct after letting Portsmouth Football Club use its bank account while under winding up proceedings.
After 12 years of established law in this area, it’s disappointing (if understandable) that the Treasury should mount a smash-and-grab raid on the professions to increase the tax yield.
As Europe begins, slowly, to emerge from recession – with the latest statistics putting EU GDP growth at 0.4 per cent for the last three months of 2013 – the first turnover figures from Continental European firms are also coming out.
It’s only two years since South Korea opened up its legal market to foreign firms. In that time, about 20 international firms have set up a foreign legal consultant office (FLCO) in the market.
London set 39 Essex Street has confirmed plans to open an office in Kuala Lumpur in October, making it the first UK chambers to have a presence in Malaysia.
What do you do when one of your partners finds himself at the centre of a media storm?
Allen & Overy and Norton Rose Fulbright are understood to have successfully completed the Singaporean renewal process to extend their Qualifying Foreign Law Practice (QFLP) licences for another five years.
Allen & Overy (A&O) has launched in Barcelona with the addition of Freshfields Bruckhaus Deringer corporate partner Antoni Valverde.
Allen & Overy (A&O) has unveiled its smallest partnership promotions round in years with 16 being taken into the fold.
For much of the past decade, A&O has been on-record saying it would consider a US merger. And yet still nothing. Is there no perfect suitor for the magic circle firm?
Gateley has made its first non-lawyer an equity partner after converting to an ABS structure in December.
Addleshaw Goddard partners are bracing themselves for a contested election, with two names surfacing as challengers to incumbent managing partner Paul Devitt more than a year before his tenure ends.
Change at the top can be tricky for any outfit, let alone in a management team that has already seen off one challenge from the ranks.
The Africa Legal Network (ALN), an alliance of independent African firms, has moved into west Africa for the first time by adding Nigerian firm G. Elias & Co as a member.
Mishcon de Reya has been drafted in by fashion house Alexander McQueen to defend a lost earnings claim by an intern who worked for free but believes she should have been paid minimum wage.
Allen & Gledhill has become the latest Singapore firm to establish a presence in Myanmar, after launching an associate firm in Yangon.
Bird & Bird’s CEO David Kerr on why the low risk, cost-effective and practical cooperative agreement approach is the best way forward in Asia.
Everyone loves to have a peek through the proverbial net curtains from time to time. What’s going on at that law firm down the road? How much are they getting paid, and what exactly are they getting paid for? Sadly, for lawyers, that sort of intelligence is pretty hard to come by.
With just one week to go before Peter Rees QC leaves oil giant Shell, HR chief Hugh Mitchell has been put in charge of Shell’s 135-strong global legal team.
Ashurst picked up the mandate to advise Crossrail on its decision to award a £1bn contract to Bombardier UK.
High-profile competition partner Julian Ellison has left Ashurst’s Brussels office to join Mayer Brown’s antitrust and competition team.
Ashurst saw a £13.9m drop in net funds and cash at bank in the financial year before its £550m merger with legacy Blake Dawson.
Monday morning quiz question for you: Which office is set to be Ashurst’s fourth largest within the year?
Ashurst’s low cost support base in Scotland is expanding faster than expected, with the firm planning to more than quadruple the number of legal analysts based in the city within the next 12 months.
All the latest partner hires and other appointments within firms and offices in the Asia Pacific region.
Australian mid-market firms, Thomsons Lawyers and Herbert Geer, are to merge to form the seventh largest independent firm in the country by number of lawyers.
Divorce lawyer Raymond Tooth and his former protégée, the self-proclaimed “diva of divorce” Ayesha Vardag, have reached a settlement in a bitter battle over allegations she attempted to poach his clients.
Baker & McKenzie has become the latest international firm to set foot in Myanmar with the opening of its Yangon office.
The London office of Baker Botts is launching a new flexible resourcing initiative that will see it hire lawyers, potentially on a full-time self-employed consultancy basis, to fill a range of areas it currently sub-contracts out to UK firms.
Baker & McKenzie and Dentons have between them taken on 36 lawyers from collapsed Canadian firm Heenan Blaikie, days after DLA Piper pulled out of a deal to acquire a 70-strong team.
The UK’s leading banks are struggling to cope with the demand for new loans from fixed-share partners (FSPs) in the run-up to tax law changes on 6 April.
A trio of barristers, including a Brick Court silk and Fountain Court duo, instructed by property tycoon Vincent Tchenguiz charged a £126,650 brief fee for a six-hour disclosure appeal last month (30 January 2014).
Berrymans Lace Mawer (BLM) has picked up two property insurance partners and two fee-earners from Greenwoods, less than a year after the firm merged with Parabis.
Berwin Leighton Paisner (BLP) has overturned a precedent at the Court of Appeal which will see collapsed company Game forced to hand over £3m in unpaid rent when it went into administration.
Bird & Bird has signed a cooperation agreement with South Korean firm Hwang Mok Park, blazing a new trail for international firms to tap into the market.
Bird & Bird is about to flap its wings and fly into Seoul. But instead of opting for opening up its own foreign legal consultant office, which 20 odd other UK and US firms have done, the firm is blazing a new trail by entering into a cooperative agreement with one of the country’s ...
Berwin Leighton Paisner’s (BLP) employment head Fraser Younson has resurfaced at Squire Sanders, The Lawyer can reveal.
Berwin Leighton Paisner (BLP) has appointed projects and infrastructure head Adam Dann as finance head following the surprise resignation of partner Matthew Kellett last October.
A trio of partners have quit Berwin Leighton Paisner (BLP) to join DLA Piper, in the latest in a stream of departures from the firm.
Ben Larkin, the head of the restructuring practice at Berwin Leighton Paisner (BLP), has become the latest high-profile partner to quit the firm.
The Bank of England (BoE) has created two new legal jobs due to an influx in work from its financial services regulatory body Prudential Regulation Authority (PRA).
British pensions administrator Suffolk Life has picked Birketts, Bond Dickinson and Thrings for its first formal legal panel.
Dickinson Dees’ final-year profits were dented by an exceptional cost of £728,000 attributable to the firm’s May 2013 merger with Bond Pearce, LLP accounts have revealed.
Private housing developer Pocket Living has cut its legal panel from five to one, making Speechly Bircham its sole legal adviser.
The Bowman Gilfillan Africa Group (BGAG) has announced a merger with Madagascan firm John W Ffooks & Co as it continues its expansion across sub-Saharan Africa.
BT has hired a new competition general counsel from Sky following last year’s internal restructuring of BT Retail and a subsequent reorganisation of the telecoms company’s legal teams.
Why has Herbert Smith Freehills (HSF) decided to walk away from the Singapore qualifying foreign law practice (QFLP) scheme?
The collapse of Heenan Blaikie took many in the North American market by surprise. DLA Piper may have pulled out of acquiring the rump of the firm, but Canada remains a key part of Norton Rose and Clyde & Co’s global strategy
A Guildhall barrister charged with attempt to defraud in relation to the sale of four open-cast mining sites has been cleared at a Cardiff Crown Court hearing.
Another week over, another merger on the cards. This time it’s Charles Russell and Speechly Bircham discussing the ...
What goes up must come down, or at least get a lot more complicated. While Chinese firms have enjoyed phenomenal growth in recent years - there are now 20,000 of them across PRC - the issue of succession is far from simple. As founding partners approach retirement, leadership changeover is a pressing issue
Valentine’s Day should be a romance fest but can sometimes signal the end. Which is where the right legal solution can help.
Google’s long-standing competition adviser Cleary Gottlieb Steen & Hamilton has helped the search giant avoid a fine of up to £3bn from the EU’s Competition Commission.
Clifford Chance, Skadden Arps Meagher & Flom and Australian firm Gilbert + Tobin have taken lead roles in Shell’s $2.6bn deal to offload its Australia downstream business to Vitol.
Results indicate greater demand for data on the move and choice of devices within Law Firms
Clyde & Co and Eversheds will advise Yum! Brands, the company behind Pizza Hut and KFC, for the first time having been appointed as part of a new eight-firm panel in the UK.
Nigel Savage – the visionary, combative and at times controversial president of the University of Law – is to retire from his post this spring after 18 years in the top slot, the institution announced today.
California firm Cooley has posted record financial results for the 2013 year, reporting a 9 per cent rise in revenue to its highest-ever total of $674m.
Barristers have stepped up their protest to legal aid cuts with plans for a full-scale walkout on 7 March, which will see them refuse to turn up to court or cover other members’ cases.
The Crown Estate has launched a panel review of its rural roster which currently features Burges Salmon and Clarke Willmott.
Iberian firm Cuatrecasas Gonçalves Pereira has reported a slight rise in revenue for a third successive year, in a performance that is in contrast to the fortunes of its rivals.
New York-based Curtis Mallet-Prevost Colt & Mosle (Curtis) will open its first China office in Beijing to focus on international trade matters.
Chinese giant Dacheng has kicked-started an election process for a new leadership team under a new governance and management structure.
It is one of the biggest firms in Asia, with 3,000 lawyers across 41 offices. Now Beijing-headquartered Dacheng has put in place a new governance structure capable of driving forward growth.
French firms Bredin Prat and Darrois Villey Maillot Brochier, alongside Switzerland’s Homburger and Orrick Herrington & Sutcliffe, have taken lead roles on L’Oréal’s buyback of €6.5bn in shares from Nestlé.
Davenport Lyons and Howard Kennedy FSI are in top level discussions about a potential merger.
It’s Valentines Day, in case your roses haven’t arrived and you forgot and who could resist this tale of true love? Davenport Lyons and HowardKennedyFsi are considering taking it to second base and beyond (that’s a merger, in legal business terms).
Every Monday The Lawyer sends a weekly round-up of deals and trend analysis to your inbox. Is it all about energy? What’s happening in real estate M&A? And what is private equity up to?
Dechert is understood to be in the process of hiring O’Melveny & Myers’ (OMM) Singapore partner Dean Collins as part of the firm’s plan to open an office in Singapore later this year.
Mark Stephens says the High Court dismissal of the Miranda judicial review represents a sad day for democracy
Dentons Canada has picked up 46 lawyers from collapsed Canadian firm Heenan Blaikie, weeks after DLA Piper pulled out of a deal to acquire a 70-strong team.
Dentons and Olswang have advised on the acquisition of Readers Digest by Mike Luckwell, the venture capitalist behind Bob the Builder, from Better Capital for the nominal sum of £1.
If you haven’t already (and why not?), check out The Lawyer’s Behind the Law series of online articles, which give the colour and detail behind the news. And can there be any firm with more colour or detail than DLA Piper?
The head of DLA Piper’s Washington office Frank “Rusty” Conner has left for Covington & Burling alongside M&A partner Michael Reed.
DLA Piper’s plans to enter the Canadian market have been put on hold after its talks with a group of lawyers from collapsed firm Heenan Blaikie collapsed yesterday.
DLA Piper is to make its first steps into the Canadian legal market with the rescue of up to 70 lawyers from collapsed Canadian firm Heenan Blaikie.
DLA Piper, Fenwick & West and William Fry have advised King.com, the company behind Candy Crush Saga, on its proposed $500m IPO on the New York Stock Exchange (NYSE).
With none of the three committee members based in Asia, will DLA Piper’s new US-led Asia management structure help the firm to achieve its ambition to be bigger and stronger in the region?
With none of the three committee members based in Asia, will DLA Piper’s new US-led Asia management structure help the firm to achieve its ambition to be bigger and stronger in the region?
It’s been a long time coming but it’ll soon be all change at the top of DLA Piper. Confirmation came today that UK-based co-CEO Nigel Knowles is to replace former Linklaters managing partner and current DLA Piper global co-chairman Tony Angel in that role i
DLA Piper’s global revenue inched up by 1.7 per cent for the 2013 calendar year, rising to $2.48bn (£1.56bn).
It was all chums together in the colonial-esque environs of the Landmark Hotel yesterday as DLA Piper’s new “streamlined” global management team, including those from the US side of the business, showed its collective happy face for the first time.
Who is Simon Levine? The man taking over from Sir Nigel Knowles as DLA Piper co-CEO might not have the same level of entrepreneurial bombast as his predecessor, at least according to some sources, but word is he is the right man to take DLA Piper onto the next stage of its development.
The new DPA code of practice might just be the way to combat economic crime
CMS and Dundas & Wilson are understood to be in talks with their shared clients over which partners will stay on their rosters after the two firms merge on 1 May 2014.
DWF has bolstered its London real estate practice with the addition of a three-partner team, including former Lawrence Graham (LG) real estate finance partner Iain Thomas.
TLT has lost an equity partner and two lawyers from its City corporate team to DWF.
The Master of the Rolls Lord Dyson has recommended raising the cost budgeting limit from £2m to £10m for Commercial Court cases.
All the latest partner hires and other appointments within Continental European firms and offices.
All the latest partner hires and other appointments within Continental European firms and offices.
Eversheds is the only firm to have won the national and all 13 regional positions on the Salford-based Crescent Purchasing Consortium’s (CPC) legal services framework.
Pannone regulatory head Anthony Barnfather will join Slater & Gordon (S&G) when the firms combine despite initially resisting the move.
Exigent, a leading global document review and e-Disclosure project management firm proudly announces a strategic partnership with Planet Data, a global innovator in the creation and development of e-Disclosure technologies, services and solutions
Accounting firm Ernst & Young (EY) is in the process of launching a legal services unit in China through the acquisition of Shanghai-based Chen & Co.
Canadian firm Fasken Martineau has become the latest to benefit from the collapse of rival Heenan Blaikie, picking up seven employment lawyers and two corporate specialists in Montréal.
Maybe it’s all the frosty weather, or the sheer price of flowers on Valentines Day, but we’ve been doing a lot of thinking about legal fees. Who gets paid what, and how?
Time to fess up. According to King Digital Entertainment, 69 per cent of UK users of its Candy Crush Saga game play during their daily commute.
Field Fisher Waterhouse (FFW) is set to combine with eight-partner Manchester boutique Heatons, after partners voted in favour of a merger last week.
Lateral hires and promotions led to a £2.4m increase in members’ capital at Field Fisher Waterhouse (FFW) in the 2012/13 financial year, the firm’s LLP accounts have shown.
Lloyds Banking Group is collecting internal feedback on its panel firms as it prepares to kick off a review of its delayed customer-pay panel, The Lawyer understands.
Fladgate has advised the owners of Camden Stables Market and Camden Lock Village on its £230m refinancing deal with Japanese investment bank Nomura.
Blackstone Chambers’ Pushpinder Saini QC will represent West Brom striker Nicolas Anelka at a disciplinary tribunal into his alleged anti-Semitic ‘quenelle’ salute later today.
Insolvency set South Square has lost a senior junior barrister to Fountain Court Chambers.
Serjeants’ Inn has snared a team of four barristers from rival set Outer Temple Chambers.
Three partners from Covington & Burling, Jones Day and Shearman & Sterling are to join Freshfields Bruckhaus Deringer’s London arbitration chief Constantine Partasides QC and ex-partner Jan Paulsson to launch an arbitration boutique.
The head of Freshfields Bruckhaus Deringer’s London arbitration group Constantine Partasides is leaving the firm to launch an arbitration boutique with former partner Jan Paulsson.
Freshfields Bruckhaus Deringer has won the mandate to advise West Midlands-based retailer Poundland on its long-awaited IPO.
Manchester-based Garvins specialises in litigation, providing assistance and medical rehabilitation for clients involved in non-fault accidents. Garvins is experiencing an increase in new injury claim cases and has ambitious expansion plans to take advantage of the changing face of the personal injury marketplace
Gateley has revealed an £8m jump in profit after fully integrating the Manchester office of failed firm Halliwells in May 2012.
German firm Heuking Kühn Lüer Wojtek has reported a 9.3 per cent rise in turnover for the 2013 year, with revenues hitting €107.6m (£89m) - up from €98.4m in 2012.
Latham & Watkins has posted a 2.7 per cent rise in total turnover along with a 1.9 per cent increase in average profit per equity partner (PEP) for the 2013 financial year.
The Greek crisis is continuing, and while privatisation work is providing some business for lawyers, it comes at rock-bottom rates
Guardian Care Homes has changed its advisor in its mammoth Libor battle with Barclays for the second time in three months, handing the case to Hausfeld & Co partners Anthony Maton and Lianne Craig.
Gunnercooke founder Darryl Cooke is an ABS fan but worries his firm will be stigmatised for turning its back on the LLP structure.
Clifford Chance has elected Guy Norman as its new corporate chief following an uncontested election.
Clifford Chance dealmaker and partner Guy Norman is on the verge of being named new corporate chief following an uncontested election.
Midlands-based HCB Solicitors incorporated a company called HCB Linder Myers the day after the Manchester-based Linder Myers announced its intention to appoint administrators (7 February).
Herbert Smith Freehills (HSF) has added to its German capabilities with the hire of a litigation partner from Baker & McKenzie in Frankfurt.
Today is a less than entirely happy Friday for Herbert Smith Freehills (HSF). The announcement by Singapore’s Ministry of Law this morning confirmed that the firm would no longer be able to practise permitted areas of Singaporean law from the end of October this year
Herbert Smith Freehills partner Rupert Lewis and 4 Stone Buildings have won a major battle in the High Court for Formula One tycoon Bernie Ecclestone.
California’s Cooley, Facebook’s lawyers of choice, has its eyes on a London opening. Eventually.
Bird & Bird dispute resolution head Steven Baker has come under fire from the High Court after he made a £635m "mistake" in calculating the claim value of a mammoth shareholder group action against the Royal Bank of Scotland (RBS).
The High Court has slammed the Legal Ombudsman (LeO) over its decision to order a barrister to reimburse fees to a client, branding the LeO ruling “irrational”.
Hill Dickinson is consulting on its second cash call in 12 months in response to HM Revenue & Customs’ (HMRC) change to the partnership taxation rules, which will come into effect on 6 April.
It’s taken its time, but late last Friday HMRC unveiled its updated guidance on the tax treatment of salaried LLP members.
Hogan Lovells has taken its counselling service on-site, joining a growing number of UK law firms pushing for better mental health among its staff.
Hogan Lovells is set to transfer a large proportion of its support network to a new low-cost office in South Africa headed by COO Nick Cray.
Hogan Lovells has unveiled its 2013 financial results, posting a record global turnover along with double-digit growth in average profit per equity partner (PEP) to $1.2m (£721,000).
Multi-billion dollar commercial court cases are the preserve of only a handful elite City firms.
Hogan Lovells has picked up the mandate to represent Ukrainian industrialist Victor Pinchuk in his $2bn High Court battle after White & Case was debarred from the case.
According to the charity Mind, one in four people will experience a mental health problem each year. And in the high-pressure environment of City law, maintaining the right mental balance is harder than ever
HowardKennedyFsi (HKFsi) has called off merger talks with Davenport Lyons, making it the second firm to turn its back on the media boutique in less than a month.
HowardKennedyFSI (HKFsi) is in merger talks with London firm CKFT as management pushes ahead with plans to tie-up with Davenport Lyons.
The sudden exit of Shell legal chief Peter Rees QC last month left the 750-strong in-house department under the management of HR head Hugh Mitchell. That was until yesterday, when the energy giant named
HSBC Holdings has hired a Cleary Gottlieb Steen & Hamilton partner to lead the global litigation and regulatory affairs group alongside litigation global banking and markets head Guy Nielson following the exit of incumbent Preeta Bansal.
Herbert Smith Freehills (HSF) South-East Asia litigation chief Maurice Burke has become the latest partner to quit the firm after being poached by Hogan Lovells.
Ince & Co has launched a redundancy consultation with 10 shipping and finance fee-earners and six secretarial staff.
The joys of working in-house are many, but what’s it like being surrounded by biscuits, crisps and ice cream as part of the job? Find out below as we interview in-house lawyers from companies that make eating their business
Irwin Mitchell is due to open its ninth UK office in Southampton on 7 April.
Could the competition in today’s frantically consolidating legal market get any more intense? Well, yes, probably, though the spate of merger talks here and abroad including Wragges and Lawrence Graham,
Yesterday we reported that DLA Piper’s plans to enter the Canadian market have been put on hold after its talks with a group of lawyers from collapsed firm Heenan Blaikie collapsed at ...
Offshore M&A seems to be returning to steady growth, and as Appleby chair Frances Woo points out, the lack of dramatic movement is a good thing.
Job mobility in the associate market is still high, particularly if you’re prepared to move for that promotion. You can find what’s being advertised on our job site, but check out our articles on current trends within sectors for the inside track.
Jones Day has installed its first overarching Asia management role with the appointment of David Carden as partner-in-charge of Asia.
Jones Day has hired Allens construction partner Stephen McComish to launch its second Australia base in Perth.
K&L Gates has posted a 23 per cent increase in London turnover to £40.5m, while global profit per equity partner (PEP) has dropped by 7.4 per cent to $832,376.
King & Spalding has teamed up with 14 independent firms from around the globe, including Ireland’s Arthur Cox and offshore firm Walkers, to form a new alliance focused on employment law and related areas.
King & Wood Mallesons (KWM) has seen two IP partners exit the firm in Melbourne, taking their 13-strong team to rival Minter Ellison.
Lafarge Tarmac has appointed Fiona Penhallurick as its new general counsel and company secretary, following the departure of its former legal head to Travis Perkins last month.
Clifford Chance’s private equity practice has taken a blow with the departure of star Carlyle partner Kem Ihenacho to Latham & Watkins.
Word on the street from City rec cons is that in US firm circles at least, things are picking up. And they certainly are over at the London office of Latham & Watkins, which has just hired its sixth major lateral in a year and its third private equity partner from Clifford Chance’s apparently dwindling team.
Our sister publication Lawyer 2B holds a host of content for anyone wanting to get into the legal profession. This includes all the latest stories that affect law students and trainees. Here’s a selection of the most popular over the last couple of weeks
As the Sochi Olympics approaches its end, Morgan Lewis’s Moscow partner Brian Zimbler talks about the legal issues surrounding the world’s biggest winter sports event.
One of legacy King & Wood’s founding partners, Bai Yanchun, has joined Beijing-based Commerce & Finance as a partner.
The UK public M&A market picked up in the second half of 2013, with lawyers pocketing a total of £38.9m in fees - 44 per cent more than they received in the first half of the year.
Does a legal role in the EU translate into a relaxing life? Hardly.
Leigh Day is to open an office in Manchester so that it can provide legal support to members of the British Cycling and the British Triathlon Federation.
It’s a topic that comes up for discussion time and again: civil litigation costs. The senior judiciary is pushing for proportionate costs in the civil courts.
Lewis Silkin client Lush has won a monumental trademark battle against Amazon at the High Court.
Linklaters is considering a merger of the firm’s two senior management boards so that more partners can focus on fee-earning, sources have told The Lawyer.
Linklaters and Osborne Clarke are thought to be advising on a potential merger between Carphone Warehouse and electrical retail chain Dixons.
A raft of ten firms including Clifford Chance, Norton Rose Fulbright and Burges Salmon, have been appointed to the UK Green Investment Bank’s (GIB’s) first-ever formal legal panel.
Contentious new rules introduced by the Association of Litigation Funders (ALF) will see third-party funders required to hold £2m in capital to fund cases, despite the fact that most ALF members say that figure impractical.
Recent developments should give rise to concern lawyers specialising in civil and criminal litigation. Such lawyers of course act for and advise clients embroiled in hostilities either initiated by them or in reaction to them. The parties may be at daggers drawn and the litigious process may only exacerbate their antagonism. Occasionally this poses a particular professional problem for a lawyer acting for one of the litigants who may now become embroiled in a complaint by an opposing ...
Administration is looming for North West law firm Linder Myers, which has signalled its intention to appoint administrators.
Many civil barristers are used to dealing with high-profile figures but few individuals are in the same league as Nelson Mandela.
With the World Cup in Brazil looming but match fixing on the rise, it is to be hoped that 2014 be remembered for sporting reasons rather than for scandals
Read all about it: Matrix Chambers’ Matthew Ryder QC has lost a dramatic case for Guardian journalist Glenn Greenwald’s partner David Miranda, detained under the Terrorism Act last year.
Matrix Chambers’ Matthew Ryder has lost a High Court battle brought by Guardian journalist Glenn Greenwald’s partner David Miranda over his detention at Heathrow Airport under the Terrorism Act 2000.
Mayer Brown has entered the US financial reporting season with an increase in both partner profits and turnover, with the latter up five per cent to $1.14bn.
A month and a half into 2014 and mergers are still top of the news agenda. FFW has bolted on Heatons, while the latest LLP results are telling an interesting tale about different firm combinations. Which is the fairest of them all?
ABS Minster Law posted a £599,000 loss in 2012/13 after being swallowed up by price comparison site comparethemarket.com owner BGL in May 2013.
Former chief whip Andrew Mitchell has returned to Atkins Thomson partner Graham Atkins and 5RB’s David Sherborne to defend him against a libel claim being levelled at him by Metropolitan Police officer Toby Rowland.
More than half (56 per cent) of merger discussions between law firms are ending in failure according to research from accountancy and investment management group Smith & Williamson.
Morgan Lewis & Bockius has hired partner Tom Cartwright from Taylor Wessing to launch its dedicated private equity practice in London.
Nabarro partners are to vote in March on a cash call to its fixed-share partners in order to meet new tax rules for LLPs handed down by the HMRC.
DLA Piper International’s net debt dropped by 32 per cent in 2012/13, according to the firm’s latest LLP filings.
Net debt at Reynolds Porter Chamberlain (RPC) has increased by £2.8m according to the firm’s latest LLP filings, from £2.3m to £5.1m.
The London Court of International Arbitration (LCIA) has appointed a new director general to replace outgoing Adrian Winstanley OBE.
The ongoing saga around HMRC’s tax changes has continued gathering pace over the past few days. Several firms, including TLT and
Japanese big-four firm Nishimura & Ashahi has opened a second China office in Shanghai.
Norton Rose Fulbright reduced its net debt by 72 per cent last year, the firm’s LLP accounts have shown, with a 119 per cent increase in cash negating a rise in bank borrowings.
Norton Rose Fulbright has launched a global regulation and investigations practice, consisting of more than 600 of its lawyers worldwide.
Norton Rose Fulbright is set to open its third Latin American base in Rio de Janeiro with the hire of a senior in-house lawyer from BP.
Training contract and vac scheme applicants are facing epically testing times at Withers and Charles Russell. The two firms, charitably determined to break the monotony of mind-numbingly uniform application forms, are posing more unusual questions.
Nuix demonstrates continued innovation with cloud eDiscovery capabilities on Office 365 and other hosted platforms
Customers can apply the massively scalable processing power of Amazon AWS, Google Compute and Microsoft Windows Azure to discovery, compliance and governance in the cloud
US firm O’Melveny and Myers has raided Kirkland & Ellis’s London office for the hire of corporate partner Dan Oates.
Ogier has become the latest firm to sell off its fiduciary business, but is this indicative of a trend?
The offshore legal market had a solid 2013, with several firms reporting double-digit increases in turnover and a pronounced pick-up in activity levels.
Offshore firm Ogier has sold its fiduciary business in a management buy-out backed by private equity company Electra Partners, which values the business at £180m.
Which international general counsel have got new jobs? And what does it mean for nervous private practice lawyers? Do your prep by reading our latest stories
Intapp, Inc, a provider of time management software for law firms, has announced that Osborne Clarke has selected Intapp as its strategic partner to provide desktop and mobile time entry to its lawyers.
The Lawyer is consistently first with the news on panel reviews, from sectors as varied as energy, financial services, entertainment and government. Get up to speed on the latest panel news below
Partners who moved to Slater & Gordon (S&G) as part of its acquisition of Pannone are to be locked into the firm for three years under the stringent terms imposed on the new joiners.
Former Pannone Connect2Law chief executive David Jabbari has joined Parabis to launch a regional network of firms.
Paul Hastings has posted a 3.6 per cent rise in revenue for the 2013 financial year, with turnover increasing from $908m to $941m.
Paul Hastings has announced changes to its China leadership team following two incumbents’ moving back to the US.
King & Wood Mallesons SJ Berwin’s (KWMSJB) Rudiger Knopf has stepped down from his post after 16 years as German managing partner.
Nicky Richmond of Brecher indulges in some gastronomic tourism in New York.
Pinsent Masons spent £20.6m on its merger with Scottish firm McGrigors in 2012 and members injected £10m before the tie up, according to accounts filed with Companies House.
It seems that every bunch of deals figures to emerge so far in 2014 shows the market moving determinedly in one direction: up.
Pinsent Masons , Memery Crystal and Carey Olsen retained their podium places at the top of the overall Aim rankings as the market experienced a significant uptick ...
Pre nups are big news, but will the Law Commission’s recommendations clarify the law?
As with any change, there’s good news for some and bad news for others. In a consultation paper published today, the Bank of England’s (BoE) Prudential Regulation Authority (PRA) has set out new hoops for non-EU banks to jump through if they want to do business in the UK.
Next time you’re enjoying a family favourite Fab lolly on that annual seaside break, pay some more attention to the view. It might look like any old infinity pool, Tiki cocktail and bamboo beach hut at first glance, but look a little closer and you’ll spot an unusual creature grazing among the palm trees – a lawyer.
Quinn Emanuel Urquhart & Sullivan legal titan John Quinn tells The Lawyer why each associate is being handed $2,000 to spend a week working anywhere in the world. Clue: it’s not to unwind.
Litigation boutique Quinn Emanuel Urquhart & Sullivan has continued a year of international expansion with an office opening in Brussels.
A group of firms including Davis Polk and Willkie Farr & Gallagher advised on a £27bn ($45bn) all-stock deal to combine the two biggest cable providers in the US.
Singapore-based Rajah & Tann and RHTLaw Taylor Wessing have both expanded their regional presence with a tie-up with local Vietnamese firms.
Bingham has posted its biggest decline in firm-wide revenue for 20 years, with total turnover for 2013 falling by 12.6 per cent from $871.8m to $762m.
Recommind, a leader in information intelligence, today released Axcelerate 5, the next generation of its pioneering cloud-based eDiscovery platform.
Addleshaw Goddard has entered into redundancy talks with two associates in its Manchester-based employment team.
US firm Reed Smith is to extend its Pittsburgh-based support team to London in a move that could see it rejig some staff working hours in the US.
Referral fees are banned. The Bar Council’s new code of conduct explicitly states that barristers must not “pay or receive referral fees”, and additionally “making or receiving payments in order to procure or reward the referral…may also breach public trust.”
What do Thomas Eggar and Californian giant Wilson Sonsini Goodrick & Rosati have in common? Not much, you might answer.
Brecher managing partner Nicky Richmond finds a new Japanese in Mayfair to her taste.
RPC and Bates Wells Braithwaite (BWB) lead on creation of Leveson’s new press regulation system.
Russian powerhouse Egorov Puginsky Afanasiev & Partners triumphed at The Lawyer’s fifth European Awards last night, taking home the title of European Firm of the Year.
Pensions firm Sackers has just re-elected senior partner Ian Pittaway for a fourth term - but what keeps him passionate about pensions?
Sackers has re-elected Ian Pittaway as its senior partner for his fourth consecutive term, which will run for three years from April 2014.
Eversheds, Forsters and Gordons are among the 170 firms to score places on Santander’s corporate and commercial banking legal panel, which includes 47 new panel members.
Outer Temple might be feeling a little draughty this week after the defection of a four-strong barrister team to Serjeants’ Inn.
Shearman & Sterling has hired partner George Borovas in Tokyo from Pillsbury Winthrop Shaw Pittman to launch its global nuclear power practice.
The US financial reporting season is in full swing and among the obvious winners is Shearman & Sterling, which last week posted positive global results and a 20 per cent hike in London office turnover.
Shearman & Sterling has seen its London turnover rise 20 per cent after the firm’s new senior partner Creighton Condon pushed forward a three-year growth plan.
Royal Dutch Shell has appointed Donny Ching as its new legal director with immediate effect.
Sidley Austin has put its Frankfurt office under review after a spate of partner exits left the base with a handful of lawyers and just one partner.
Are you in? Do you know someone who’s in? Do you know someone who isn’t?
A downward trend in the number of new Queens’ Counsel has been reversed, with 100 silks appointed in this year’s round - the largest number for three years.
Legacy SJ Berwin saw its group revenue increase by 1.7 per cent, from £179.9m to £182.9m, during its last financial year before merging with King & Wood Mallesons.
When a firm shouts loudly about a landmark merger, as SJ Berwin did when it joined forces with King & Wood Mallesons, departures are always likely to come under the spotlight.
Australian-listed Slater & Gordon has confirmed the completion of its merger with Manchester-based Pannone with an announcement on the Australian Securities Exchange (ASX) this morning.
Slater & Gordon’s numerous acquisitions are expected to more than double the firm’s UK revenue in 2014, according to the firm’s half-year results presentation to the Australian Stock Exchange (ASX).
Middlesex-based property partner James-Guy Jacobs has been struck off the solicitors roll and ordered to pay costs of £1,500 following a conviction for child pornography offences at Harrow Crown Court in November 2012.
Spanish firm Gomez-Acebo & Pombo has reported a third successive year of falling revenue, but has almost halted the rate of decline, posting a turnover drop of just 0.9 per cent last year.
Speechly Bircham is in preliminary merger talks with six-office firm Charles Russell in a move that would propel the combined outfit into the top 25 firms by turnover according to The Lawyer UK200.
Squire Sanders has confirmed that it is in early stage merger talks with Patton Boggs, the Washington law and lobbying firm.
Clifford Chance’s private equity team is looking depleted and with the global corporate chief role still wide open, it looks like it could use a half time pep talk.
Stephenson Harwood is adding to its Africa expertise by starting a programme of sending associates on secondment to independent firms on the continent.
Stephenson Harwood has raided DLA Piper for its Seoul office head Michael Kim with the aim of launching a base in the jurisdiction.
Stephenson Harwood is set to cut an undisclosed number of support staff, following a review of its secretarial and document production services in London.
Swedish music rights organisation Svenska Tonsättares Internationella Musikbyrå (STIM) has promoted its general counsel to acting CEO following the resignation of Kenth Muldin.
The Guardian Care Home case, which centred on allegations that the Libor benchmark interest rate was manipulated, was one of The Lawyer’s top 20 cases of 2013. However, Barclays has levelled a series of challenges to the process and it has rumbled on into 2014. Catch up on the ins and outs here.
Taylor Wessing’s German managing partner Michael-Florian Ranft is stepping down from the position, just one year into his four-year term.
Taylor Wessing’s UK managing partner Tim Eyles wants lawyers to be more creative. Sounds like a lightbulb has gone off.
CA judgment is next step in Tchenguiz damages claim
We should all tip our hats to those corporate regulators over at the Panel on Takeovers and Mergers. Why? It’s thanks to their rule change in September 2011 that we’re now granted a sneaky peak at the fees being charged by law firms for UK public M&A work.
What do you get when you put 250 lawyers from some 20 countries in a room together? The Lawyer European Awards, is the answer.
Pittsburgh-based Vince Cordo is the director of client value at Reed Smith having joined the firm in June 2013. He was previously the director of value and project management at Squire Sanders.
Despina Kartson joined US firm Morgan Lewis & Bockius as chief business development officer in 2013. She was previously Latham & Watkins’ chief marketing officer.
Neil Sherlock is the chief financial officer (CFO) of Cayman Islands based offshore law firm Walkers.
Brecher’s Nicky Richmond finds southern comfort at the Lockhart.
Tomorrow marks the start of the 22nd Winter Olympic Games, hosted by the Russian city of Sochi. The run-up to the Games has been marked by controversy
Teaming up to bring litigation can be a struggle, as shown by the latest stage in the fight between RBS and the shareholders bringing a case against it.
The demise of Linder Myers last week brought to the fore the little-known Solihull-based HCB Solicitors, a firm that has propelled its growth through hoovering up struggling rival firms in the North West.
Another year, another weighty round of silk appointees. Katy Dowell looks at the trends behind the numbers.
Winter flooding has put Coleridge’s ‘Rime of the Ancient Mariner’ on the lips of just about everyone in the UK, but the actual water has been nothing compared with a veritable tidal wave of verbiage in the media on the subject. According to newspapers, broadcasters and politicians of all hues, the country is in the midst of a trauma of biblical proportions
Standard Life dropped a hand grenade into the acrimonious debate over independence for Scotland at the end of last week. The financial services giant has been based in Edinburgh for 189 years and its suggestion that it would up sticks and move to London if Scots voted to bail out of the union is guaranteed to raise the temperature to Battle of Flodden levels.
Conventional wisdom runs that those in their 40s (or even early 50s) will have to work until they are about 105 before being able to afford to retire — and then only provided they live for no more than another five minutes.
Irwin Mitchell real estate partner Rob Thompson will succeed Jon Vivian as head of the firm’s London real estate team on 1 May.
TLT is expected to be amongst the first group of firms to issue a cash call to fixed-share partners (FSP) in response to HM Revenue & Customs’ (HMRC) changes to partnership taxation.
National firms TLT and Weightmans have both reported audited rises in turnover and profit, with little change in debt levels, for the 2012/13 financial year.
Is it a case of ‘too many cooks’ at Linklaters? There are currently 28 partners on the firm’s two management boards - a figure that insiders complain is excessive. “The number of people involved in the management decisions means that not much management gets done,” says one
Manchester-based Linder Myers has spent the last few years acquiring distressed assets. Now the firm is on the hunt for a rescue-merger to pull it back from the brink.
Reed Smith has hired Travers Smith leverage finance partner Ben Davis in a further boost to its UK finance practice.
Trowers & Hamlins is planning to issue a cash call to participating partners in response to new HM Revenue & Customs changes to the partnership tax regime.
At the end of last year we reported on an HMRC crackdown on a national insurance-related loophole that could kick off a wave of capital calls across the UK.
Turkish firm Bener Law Office has recruited two partners and promoted a third, boosting its partnership from eight to 11.
Turkey’s new internet regulations are being seen as draconian.
Solicitors’ salaries have risen by £5,000 over the past year but bonuses are down, according to a new survey by recruiter Laurence Simons.
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
Employee loses bid for slice of employer’s profits but patent case clarifies employment case hurdles
The in-house market in the UK has undergone something of a sea-change in the past few years, with general counsel forcing through changes to control costs and efficiency much more than ever before. Take the likes of Balfour Beatty, ...
Litigants have a newfound impetus for pushing the boundaries of law, particularly when it comes to costs. A recent DLA Piper case suggests lawyers could be in the firing line.
Watson Farley & Williams (WFW) has batted off a £10m professional negligence claim stemming from the global financial crash.
Weil Gotshal & Manges and Fenwick & West advised Facebook on its $19bn (£11.4bn) acquisition of mobile messaging company WhatsApp.
Can you even remember a world without Facebook and Twitter? The phenomenon of social media has presented lawyers across the world with plenty of thorny legal issues, but having the big tech giants as clients is a gift that keeps on giving. And an in-house job there is right on the cutting edge
White & Case has been disqualified from acting on one of its flagship cases, the $2bn oligarch litigation between Ukranian industrialist Victor Pinchuk and his rivals Gennady Bogoliubov and Igor Kolomoisky, after a conflict of interest.
Monday. The first day of the week and a chance to start all over again. Which should be a relief for members of the litigation team at White & Case London, whose previous last week ended on a shocker.
White & Case has posted a double digit rise in profit for the second year running, with average profit per equity partner (PEP) up 10 per cent for 2013.
Willkie Farr & Gallagher Paris restructuring partner Maurice Lantourne has left to set up a boutique after six years with the US firm.
Hogan Lovells UK boss Susan Bright on why the firm is no investment laggard.
Wragge & Co and Lawrence Graham (LG) have confirmed the line up of the new post-merger management board, with just two spots taken up by Lawrence Graham partners.
LexisNexis® Enterprise Solutions, a leading provider of content and technology solutions, has announced that Midlands-based legal practice Wright Hassall is deploying Lexis® InterAction® to roll out CRM as a strategic discipline across the firm. The solution will be available to over 250 users in Wright Hassall’s office in Leamington Spa, which provides legal services across the Midlands