Online January 2014
A number of calls are taken each year from doctors and other clinical professionals reporting that damaging information has been published about them.
Stephen Kitts, Asia managing partner at global law firm Eversheds, has commented on the decision to open up the Chinese banking market.
Richard Matthews, head of product liability at Eversheds, has commented on the recall by Wal-Mart in China of donkey meat found to contain fox meat.
Fiona Ghosh has commented on the European Council’s approval of an agreement with the European Parliament on the proposed draft SEPA Migration Regulation.
‘New Year’s resolutions’ for New York non-profits: the New York Non-Profit Revitalization Act of 2013 download
Debevoise & Plimpton offers four New Year’s resolutions to help you plan and prepare for the coming changes for New York non-profit organisations.
The government has launched its Right to Contest scheme.
‘Time thereby lost’ under the NYPE off-hire clause: Court of Appeal reinstates conventional approach
The Athena was a dispute about the meaning of the familiar NYPE off-hire clause (clause 15).
The proportion of women on FTSE 100 boards has reached 20 per cent for the first time.
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by 10 January 2014.
The next Quarterly List must be placed in stations’ public inspection files by 10 January, reflecting information for the months of October, November and December 2013.
2014 — lift-off: UK real estate download
Nabarro has created a ‘flight deck’ highlighting some of the key real-estate trends likely to play out over the coming year.
2014 deadlines approach to furnish incentive stock option and employee stock purchase plan information statements and returns download
Section 6039 of the Internal Revenue Code requires a corporation to furnish a written statement to certain employees or former employees.
This inaugural report highlights the current key trends and themes in the global data centre industry and provides an outlook for the data centre market in 2014.
Corporates and investors have access to capital again and are more willing to consider growth by acquisition. The financial services sector has been particularly active.
A costly administrative error: the Virgin v Zodiac case and Spain’s challenge to the unitary patent system download
Last month, the Court of Appeal gave judgment in the patent infringement dispute between Virgin Atlantic Airways (Virgin) and Zodiac Seats.
Limitation periods in the British Virgin Islands (BVI) are imposed by statute, namely the Limitation Ordinance 1961.
Limitation periods in the Cayman Islands are imposed by statute, namely the Limitation Law (1996 Revision).
Section 69 of the Enterprise and Regulatory Reform Act 2013 is seen by many as the biggest change to the law on employers’ liability for 20 years.
A simplified package — European Commission relieves the administrative burden in merger reviews download
The European Commission plans to adopt a legislative package with the aim of simplifying the merger notification procedures imposed on companies by the EU Merger Regulation.
Addleshaw Goddard has announced the arrival of commercial litigation expert Bill Gilliam, previously head of Eversheds’ health and life sciences practice.
Advocate-general’s opinion that holiday pay should include commission — Lock v British Gas Trading Ltd and others
Mr Lock was a sales consultant for British Gas who was paid a basic salary plus commission for sales made in the previous period.
The government can suspend ‘affiliates’ of a suspended contractor, even though there is no allegation that the affiliates themselves had done anything wrong.
AgriThinking — January 2014 download
Last year was another big year for the agricultural sector in Australia, and if current market, policymaker and media interest is any guide then 2014 should be no different.
The Court of Appeal has now reversed the decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc.
Allen & Overy has advised Link Market Services in connection with the acquisition of Registrar Services, based in Frankfurt, from Deutsche Bank.
Allen & Overy has advised NEXI and a syndicate of commercial banks on the $1.43bn debt financing of the Az Zour North IWPP.
Derivative Services, an affiliate of Allen & Overy, is updating its Rulefinder Shareholding Disclosure service with enhanced content.
Derivative Services will host a webinar entitled ‘Navigating cross-border transfer restrictions when transferring data to foreign law enforcement authorities, regulators and courts.’
Allen & Overy’s human rights working group (HRWG) has published the third issue of The Business and Human Rights Review.
Allen & Overy’s Corporate Funding Monitor underlines the extent to which corporates have sought to diversify their funding mix.
Allen & Overy’s latest M&A Index has revealed that the recovery in M&A activity predicted at the beginning of 2013 has failed to materialise.
Allen & Overy’s Jeffrey Sullivan is speaking at the Energy Charter Treaty Conference, ‘20 Years of the Energy Charter Treaty’, on 7 March in Paris.
Alternative dispute resolution download
Alternative dispute resolution embraces a range of options, falling between litigation and arbitration on the one hand and negotiation on the other.
Hogan Lovells has announced that counsel Jay Dougherty was named a ‘Counsel of the Year’ by the Association of Media and Entertainment Counsel (AMEC).
Amendment of Transparency Directive download
The Transparency Directive requires issuers of securities to publish inter alia periodic financial information about the issuer’s performance over the financial year.
The DIFC Authority has amended the DIFC Arbitration Law to ensure that it fully complies with the UAE’s treaty obligations under the New York Convention.
The draft Community Infrastructure Levy (Amendment) Regulations 2014 are due to come into force in early 2014.
Our monthly, 45-minute webinar series highlighted the top five things you need to know from a month of AIA changes, results, challenges, successes and failures.
Western oil majors have worked hard to get their foot back into the door of the petroleum sector in the Middle East. But now this is set to change.
The Security Interests (Jersey) Law 2012 provides Jersey with a modern, efficient regime for the creation and enforcement of security interests in intangible property.
The Court of Appeal has spoken about the way in which it will deal with those who fail to comply with either procedural directions, practice orders or with the rules of civil procedure.
Nicolas Anelka’s recent alleged anti-Semitic gesture has had significant consequences for his club. What can you do if an employee’s actions cause damage to your business?
1 February 2014 is the deadline for broadcast stations licensed to communities in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma to comply with the FCC’s EEO Rule.
Qualified mediators and senior associates Elisabeth Howe and Maria Ramon are now able to assess a couple’s suitability for mediation.
Tony Hall from Anthony Collins Solicitors has secured a £2m clinical negligence settlement.
Anthony Collins Solicitors has completed a three-day inquest into the death of four-year-old Freya Wells.
Kings Chambers QC Anthony Crean has secured permission for 100 dwellings at Bourton-on-the-Water, Gloucester.
Anthony Crean QC of Kings Chambers has successfully secured permission for 45 dwellings at Powick, Malvern Hills.
The publication of the Resource Guide to the US Foreign Corrupt Practices Act was followed by a mixed year in terms of the number of resolutions and size of recoveries.
Welcome to the fourth edition of Debevoise & Plimpton’s Arbitration Quarterly, a collection of interesting and significant current developments in international arbitration.
Arendt & Medernach has demonstrated its support for charitable organisations Pour un Sourire d’Enfant and Fondatioun Kriibskrank Kanner.
Robert Botkai, head of licensing at Winckworth Sherwood, has been quoted in an article in the Forecourt Trader publication.
Astrazeneca Insurance v XL Bermuda and Ace Bermuda was the first case in which the English courts had been asked to consider the proper interpretation of a ‘Bermuda Form’ policy.
ASIC issued Class Order [CO 13/1621] on 7 January 2014 to exempt responsible entities from the application form requirements of section 1016A.
This unusual application related to proceedings to revoke a European patent and a declaration that an SPC based upon it would not be valid.
Australia: Federal Court confirms National Native Title Tribunal’s approach to future act determinations download
The Federal Court has rejected several challenges to a tribunal’s approach to determining whether or not interests in land that are subject to ‘right to negotiate’ provisions should be granted.
Australian PPSA deadline looming — last chance to protect PPSA transitional security interests download
If you have not yet taken stock on all of your transactions requiring action under the PPSA to protect transitional security interests, then you should do this now.
Automotive Focus — December 2013 download
Bristows has released the December 2013 issue of Automotive Focus, which consists of legal articles commenting on issues of general interest to automotive clients.
The High Court has considered whether a party can get an injunction preventing another party from terminating a licensing agreement where this would result in the cessation of one party’s business.
Back to 2013 — Luxembourg newsflash download
Arendt and Medernach has released a short flashback intended to enable you to keep track of the main legal trends that marked 2013.
Following an information gathering period that took place in late 2013, the government has launched a formal consultation on the use of zero-hours contracts.
Founding and managing partner
John Barrett of Kings Chambers has secured planning permission for Gladman Developments on appeal for 140 houses at Chester Road, Malpas, Cheshire.
Eversheds has commented on changes to the Basel III regulations, stating that they are good news for economic growth.
Gavin Kealey QC and Tim Jenns acted for the claimant, BAT Industries, in a substantial jurisdiction application.
Liz Fitzsimons, data protection expert at Eversheds, has commented on news that the BBC faced a cyber attack on Christmas Day.
BCIPA does apply to construction work on a mining lease — J&D Rigging Pty Ltd v Agripower Australia Ltd download
Once again, contractors can use the BCIPA process to seek payment for work done on a mining lease.
Belief in ‘democratic socialism’ can amount to a philosophical belief for the purpose of a religion or belief discrimination
Mr Olivier believed that the Labour party was more than just a political party but that it enshrined a set of core beliefs amounting to ‘democratic socialism’.
It will sometimes be the case that an individual will be neither an employee nor a worker and thereby without any protection against unfair dismissal or discrimination.
Biennial ownership reports are due by 3 February 2014 for non-commercial radio and television stations download
Biennial ownership reports are due by 3 February 2014 for certain non-commercial radio stations in and non-commercial television stations.
Dr Stefan Albiez, partner at Binder Grösswang, has contributed to Lexis Nexis’s Handbuch Zivilprozess.
The first preliminary injunction decision in Germany relating to a ‘bio-better’ type drug has been made in Amgen v Teva in the Düsseldorf District Court.
French pharmacists can now substitute a biosimilar for the prescribed (reference) biological medicine as long as the prescribing physician has not marked the prescription as ‘non-substitutable’.
A Düsseldorf court has referred questions to the CJEU on the supply of substances by a third party to a company that intends to use the substance for obtaining a marketing authorisation.
Bosman: Marc II? — restrictions on ability of footballers to move between clubs ‘infringes their human rights’ download
On 17 December 2013, FIFPro announced its intention to launch a challenge against the football transfer system.
The General Court has ruled that the overall impression created by the marks was capable of giving rise to a likelihood of confusion.
In August 2007, Colgate applied for a Community trademark for the word mark 360° SONIC ENERGY covering toothbrushes.
Mr Justice Arnold is referring three questions to the CJEU in a dispute between Nestlé and Cadbury over the registrability of Nestlé’s KitKat shape.
The Supreme Trademarks and Patents Senate (OPM) overruled the PTO in about three quarters of the cases brought before it.
The EU General Court has dismissed an opposition to Panini’s CTM application for the PANINI figurative mark for beers and non-alcoholic drinks.
The result of this CJEU judgment is relevant for Swiss owners of trademarks. Use of marks in Switzerland is not sufficient on its own to prove genuine use of EU marks.
We are well positioned to advise corporations about compliance with new legislation and to represent individuals and companies subject to investigation and prosecution.
The World Trademark Review 1000 handbook for 2014 has ranked Bristows as a Gold firm.
Bristows has appointed partner Rosemary Choueka and announced the promotion of three associates to the partnership next May.
The three-year-long licence renewal cycles for broadcast stations in radio services and for television services continue in 2014.
The FCA has fined JLT Speciality £1,876,000 for failing to manage bribery and corruption risks created by overseas payments, in breach of Principle 3 of PRIN.
A significant social issue is the lack of housing in the UK, and particularly the fact that an insufficient number of new homes are being built to meet the needs of the growing population.
Matthew Gough, partner and head of consumer law at Eversheds, has commented on the UK Consumer Rights Bill beginning its parliamentary passage.
The BVI’s approved manager regime for investment managers and advisers has had a successful first year, becoming popular for its straightforward application process.
BVI passes Arbitration Act download
On the 17 December 2013 the BVI legislature passed the Arbitration Act 2013 (the ‘Act’), which came into force on 23 January 2014.
Taylor Wessing has launched its third Cambridge newsletter, providing legal news and updates for companies in Cambridge and the surrounding areas.
CJD v Royal Bank of Scotland considered the dismissal of an employee accused of assaulting his partner (who was also his colleague) outside of work.
There was little mention made in the autumn statement of the CRC scheme, but the government did announce that it would introduce a CCA for the data centre sector by the end of 2013.
The Consumer Financial Protection Bureau (CFPB) has published its ‘Arbitration Study Preliminary Results’, mandated by section 1028(a) of the Dodd-Frank Act.
CFTC comparability determinations and no-action relief for certain foreign swap dealers and major swap participants download
The CFTC has approved a series of broad comparability determinations permitting substituted compliance for non-US swap dealers and major swap participants.
On 20 December 2013, the CFTC issued a series of comparability determinations for certain swap dealer and major swap participant business conduct requirements.
CFTC no-action relief and request for comment for the transaction-level requirements of non-US swap dealers download
On 14 November 2013, the DSIO of the CFTC issued Advisory 13-69 in response to inquiries from swap market participants.
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 imposed additional new requirements on commodity trading advisers.
The draft Finance Bill 2014 proposes a number of changes to the approval process for employee share schemes.
On 30 November 2013, the State Council of China issued the Guiding Opinions on the Pilot Launch of Preference Shares.
China’s revised consumer rights protection law ‘raises the bar’ for both ‘bricks and mortar’ retailers and online retailers download
China is now believed to be the world’s largest online marketplace, as well as quickly gaining on the US as the country with the largest overall retail marketplace.
The Cayman Islands Monetary Authority’s recently published statement of guidance on matters of fund governance takes effect on 13 January 2014.
Circumventing anti-dumping measures download
Traders will often try to circumvent or bypass anti-dumping and anti-subsidy measures, particularly when the duties are high.
Last month, the Guernsey court approved a scheme of arrangement that saw the creation of a brand-new Channel Islands stock exchange.
CJEU referral of the Düsseldorf Court of Appeal regarding third-party supply for Bolar exemption purposes download
A Düsseldorf court has referred questions to the CJEU on whether the supply of patent-protected substances by a third party to a generic company is covered by the Bolar exemption.
Client briefing: flood insurance download
The government and UK insurers have agreed to develop a not-for-profit flood fund in the form of a mutual reinsurance company.
Coalition’s review of the franchise sector means potential penalties for frachisors but may also deliver national consistency download
The coalition government has announced that this year it will review and amend the Franchising Code of Conduct to improve protections for small business franchisees.
Collyer Bristow has announced that it has recruited intellectual property specialist Tim Bamford from Withers, where he had been a partner since 2005.
London law firm Collyer Bristow, which has an in-house contemporary art gallery, is to exhibit the work of partner Steven Heffer.
In a KPMG survey of 60 executives, 90 per cent indicated that the number of cross-border investigations have either increased or remained the same over the last year.
Compensating employee inventors download
In the life sciences industry, highly skilled people are employed in the research and development of drug candidates and other advancements associated with therapy.
In the five years following the introduction of competition into retail energy markets in 1999, the number of energy suppliers fell from 15 to six.
Competition in the NHS download
One of the most controversial aspects of the Lansley reforms was the drive towards applying market principles to the NHS.
The government has launched a consultation on zero-hours contracts focusing on two key concerns — exclusivity clauses and a lack of transparency.
Eversheds has commented on the latest set of performance figures for the UK retail sector.
There can be, and often are, disputes between clubs and players regarding the ‘extra’ contractual clauses that are often inserted into contracts.
Conyers Dill & Pearman has acted for the sponsors on a cash transaction involving the purchase of BMC Software by a private investor group.
Conyers Dill & Pearman has advised China Conch Venture Holdings in connection with its listing on the Main Board of the Hong Kong Stock Exchange (SEHK).
Conyers Dill & Pearman has advised FTV Capital on its $40m investment in Credorax, a company that processes credit and debit card payments.
Conyers has advised Headland Capital and CHAMP Private Equity on the $500m privatisation of Miclyn Express Offshore (MIO) from the Australian Stock Exchange.
Conyers Dill & Pearman has advised Hony Capital Fund V and New Good Management on the $495m privatisation of Simcere Pharmaceutical Group by way of merger.
Conyers Dill & Pearman has advised a consortium of financial institutions in connection with a refinancing of €800m of debt facilities granted to the Hilding Anders group.
Conyers Dill & Pearman has advised Luxoft Holding, a European IT service provider, on all British Virgin Islands (BVI) law aspects of its secondary public offering.
Conyers has advised Mara Partners FS in connection with its founding shareholder subscription of ordinary shares and warrants of Atlas Mara Co-Nvest.
Conyers Dill & Pearman has advised financial institutions as purchasers in connection with a €400m senior secured note offering issued by Smurfit Kappa Acquisitions.
Conyers Dill & Pearman has advised Premier Oil on the establishment of its £500m euro medium-term note programme.
Conyers Dill & Pearman has announced that Paul Smith has relocated to the law firm’s Cayman Islands office to further support its litigation practice.
Conyers Dill & Pearman has provided Cayman advice to Autohome in connection with an IPO in the US of 8,993,000 Class A ordinary shares.
Conyers Dill & Pearman has announced that Caymanian attorney Erik Bodden has joined its Cayman Islands office.
Conyers Dill & Pearman has provided advice to China Water Property Group in connection with the issuance of 12.5 per cent senior notes due 2016.
Conyers Dill & Pearman has been named Best Offshore Law Firm at the second annual MENA Fund Manager Fund Services Awards.
Conyers Dill & Pearman has advised AIM-listed client PureCircle on a new revolving credit facility provided by Macquarie Bank.
Conyers Dill & Pearman has provided Cayman Islands legal advice to Bitauto Holdings in connection with a secondary offering in the US of 2,749,200 ordinary shares.
From 14 January 2014, reports made by coroners to help prevent future deaths will be routinely published online.
The Allen & Overy Corporate Funding Monitor looks at loan, bond and equity issues to non-financial corporates over the past decade.
The Cayman Islands Monetary Authority has formally issued its long-awaited statement of guidance on corporate governance for regulated mutual funds.
NCTM has been awarded the 2014 Islamic Finance Law Firm of the Year in Italy accolade by Corporate INTL magazine.
The London Stock Exchange has published AIM notice 38, which consults on a number of proposed changes to the AIM Rules for Companies and AIM Rules for Nomads.
A recent Court of Appeal decision has lessons for both solicitors and non-executive directors on how to manage conflict situations.
Parties to a contract need to be confident that the directors of the company they are dealing with have authority to bind the company. What is the position where the director has no authority?
Good and bad leaver provisions — a mainstay of private equity deals — don’t often find themselves in court. A High Court decision has considered their effectiveness.
The government has been consulting on proposals to enhance corporate transparency.
The government has been consulting on how it can reduce the administrative burden that weighs too heavily on companies. Legislation is likely to follow this year. What are the proposals?
Does the accidental failure to send a notice of a shareholders meeting to all the shareholders necessarily render the meeting invalid?
Crowdfunding as a way of securing investment is beginning to gain ground on both sides of the Atlantic. What are the current regulatory requirements and how is this likely to change?
Changes to the TUPE regulations came into effect on 31 January 2014. What are the main implications for corporate finance?
The negotiation of earn-out provisions is often one of the pinch points in the negotiation of a share purchase agreement
This remains JPM’s main area of activity with an outstanding track record and leading expertise in Serbia and the region.
There were developments last month in the ongoing discussions around the need for greater regulation of cosmetic medical devices.
April 2014 will see a raft of new employment legislation hitting the statute books — in preparation for the changes, here is a quick overview of what’s in store.
A recent decision from an appellate court in Pennsylvania is good news for policyholders who manufacture products.
The Court of Appeal has allowed the borrowers in two cases against LIBOR panel banks to amend their pleadings to include allegations of pre-contractual misrepresentation relating to LIBOR manipulation.
Court of Appeal cautions employers against blindly accepting an occupational health opinion that employee is not disabled
This decision highlights the pitfalls of relying blindly on the opinion of an OH adviser that an employee is not disabled nor covered by disability discrimination legislation.
Court of Appeal holds that it is not religious discrimination to require a Christian employee to work on Sundays
The Court of Appeal has dismissed the appeal of a care worker that a requirement to work on Sundays amounted to religious discrimination.
The Court of Appeal (Criminal Division) has handed down judgment on two appeal cases brought by companies contesting the level of fines each received.
Court rules that Garlock’s settlement history does not accurately represent its actual asbestos liability download
Garlock Sealing Technologies is only liable for a fraction of the asbestos liability alleged against it by current and future mesothelioma claimants.
Three Raymond Buildings has long been recognised as a pre-eminent criminal set. The practice of our members encompasses advocacy and advisory work in every aspect of criminal law.
CSSF clarifies its position on AIFM download
The CSSF has issued its updated version of the frequently asked questions concerning alternative investment fund managers.
CSSF issues press release on the enforcement of the 2013 financial information prepared by issuers of securities download
The CSSF has issued press release 14/02 concerning the enforcement of the 2013 financial information prepared by issuers of securities, subject to the Transparency Law.
Concerns about information security — including cybersecurity and physical security — are increasingly permeating corporate life.
Dacheng attorney Miao Qian has been named an outstanding representative of Beijing’s legal profession.
Dacheng attorney Dai Chen has been awarded the title Real Estate Lawyer of the Year for 2013 at the Most Influential Lawyers and Law Firms in Yunnan awards.
Tao Xinliang, head of Dacheng’s intellectual property department in Shanghai, has been appointed as a part-time professor at the National Institute for Lawyers.
Attorney Zhang Hongming from Dacheng’s Xiamen office has attended a seminar as standing legal counsel for Xiamen Tourism Bureau.
Attorney Wang Nian was elected vice supervisor-in-chief, attorneys Ji Gang and Huang Bing as the new council members and attorney Li Jingming as supervisor.
Dacheng attorneys have received a ‘Top Partner’ award from Guangdong Alpha Animation & Culture at the company’s 20th anniversary ceremony.
Dacheng’s Guo Qing has been appointed as a member of the Credit Administration Committee of China Development Bank to advise on lending-related decision making.
A paper by Dacheng partner Deng Zhisong has been selected as one of the top 10 competition law papers from those written by China’s legal youths.
A US court has held that Argentinian plaintiffs could not sue a German car maker in California for human rights violations allegedly committed in Argentina.
As part of the Jackson Reforms the much talked about Damages-Based Agreements Regulations 2013 come into force on 1 April 2013.
Addleshaw Goddard has released the latest edition of its Data & Information E-Alerts.
Addleshaw Goddard has released the latest edition of its Data & Information E-Alerts.
On 12 December 2013, the Information Commissioner’s Office published an information sharing and data protection checklist.
European justice ministers have still not come to an agreement on the ‘one-stop-shop’ mechanism due to differing legal arguments.
The Spanish Data Protection Authority has fined Google €900,000 for three separate breaches of the rights of Spanish citizens when collecting personal data.
The ICO fines and undertakings published in December highlight the importance of providing comprehensive data protection training to employees who handle personal data.
South Africa’s Protection of Personal Information Bill (PoPI) has finally been signed into law by president Jacob Zuma.
Hugh Davies QC and Nicholas Yeo are representing Lincolnshire Police in an ongoing inquest concerning the death of Flt Lt Sean Cunningham.
The DC Circuit has upheld the FAA’s 2012 determination of no hazard, clearing the construction of the 130-wind turbine Cape Wind project in Nantucket Sound.
Eversheds has commented on the UK Court of Appeal decision in Topland Portfolio 1 v Smiths News Trading.
The Court of Appeal has approved Parker J’s suggested new ‘relative normality’ test for assessing whether or not someone was being deprived of their liberty.
As part of its policy of deregulating entertainment under the Licensing Act 2003 the government published a response to its consultation on the deregulation of Community Film Exhibition.
The DIFC court has declined to stay proceedings in favour of an LCIA arbitration in London, despite finding that the arbitration clause was valid.
DIFC court determines it has inherent jurisdiction to stay proceedings in favour of DIAC arbitration download
The DIFC court has confirmed that it has the inherent jurisdiction to grant a stay of proceedings in favour of a DIAC arbitration.
The Court of Appeal has confirmed that employers must make their own factual judgments on whether employees are disabled for the purposes of discrimination legislation.
As the Acas code on disciplinary procedures makes clear, even if an employee is charged with a criminal offence, that is not normally in itself reason for disciplinary action.
The Serbian government has taken the first steps of implementing a new court system with the passing of a new law on seats, jurisdictions of courts and public prosecution offices.
In the first ever FTC-litigated challenge to a hospital system’s acquisition of a physician group, the US District Court for Idaho ruled in favour of the plaintiffs.
DLA Piper has advised Leroy Merlin on the construction and opening of its second hypermarket in Brovarskyi prospect 3V in Kyiv.
DLA Piper has served as sole international counsel on the $1.1bn (£667m) offering by Power Grid Corporation of India, the largest power transmission company in India.
DLA Piper’s Africa group has expanded in northern, southern and eastern Africa with the addition of three new member firms.
DLA Piper has advised the Hain Celestial Group on the acquisition of Tilda.
DLA Piper has advised on the €750m re-financing of NH Hoteles, a large Spanish hotel group and one of the top 25 hotel chains in the world.
DLA Piper has advised UK Mail on an agreement with the Department for Transport to relocate its central distribution hub in the West Midlands to make way for the HS2 rail link.
DLA Piper has announced that Wayne P Bunch Jr has joined the law firm’s franchise and distribution practice as a partner in the Houston office.
DLA Piper has announced that Christina Houston has joined its corporate and finance practice as a partner in the Wilmington office.
DLA Piper has retained its number-one ranking globally for overall deal volume in 2013, according to mergermarket’s league tables for legal advisers.
DLA Piper has appointed Dr Markus Gampp to its German intellectual property and technology practice.
Ray LaHood and Joan DeBoer are set to join DLA Piper’s Washington DC and Chicago offices as policy advisers.
DLA Piper has announced the appointments of Mark Fairbairn and Ashley Bell to the firm’s restructuring group from O’Melveny & Myers.
DLA Piper has been recommended as a leading law firm in various practice areas by ‘50 Leading Law Firms in Ukraine 2013’.
DLA Piper has represented Arsenal Capital Partners in its purchase of Certara, a biopharmaceutical service provider.
DLA Piper has represented EagleView Technology in the negotiation of the agreement by which it will be acquired by Verisk Analytics for $650m.
DLA Piper has represented Shanghai-based Fosun International in its $725m acquisition of One Chase Manhattan Plaza in New York from JPMorgan Chase.
DLA Piper has represented Groupon in its acquisition of Ideeli, a New York-based online fashion retailer, for $43m.
DLA Piper has represented Musco Sports Lighting in a joint venture with Ferrostaal Industrial Products.
DLA Piper advised on more than 20 significant inbound and outbound US transactions that closed last year on behalf of Israeli institutional investors and companies.
DLA Piper has been ranked as a tier-two law firm in the first edition of World Transfer Pricing 2014, a directory of leading transfer pricing advisory firms.
Lloyd v Browning confirms that a seller’s liability for misrepresentation can be excluded by the terms of the contract provided that the exclusion clause is fair and reasonable.
Domestic double taxation relief applicable to capital gains derived by EU resident entities on disposal of shares in Spanish entities download
The Supreme Court has stated that, under EU regulations, the denial of the deduction for non-resident entities is contrary to the principle of free movement of capitals.
Draft social media guidance download
After four years of waiting, the Food and Drug Administration has released its draft social media guidance.
Managing partner, London
The Eversheds Africa Law Institute has welcomed five new member law firms at the inaugural EALI Summit in Paris.
The ECJ has ruled that insurers cannot restrict the freedom of choice of insured persons by insisting on their using panel law firms or the insurer’s in-house staff.
Effective service of notices: what do the provisions mean? Signed, sealed, delivered — it’s yours download
This article is designed to assist both landlords and tenants in understanding the interaction between contractual and statutory notice requirements.
The crucial point about these proposed changes is that they will apply to all EMI options, not just those granted from the dates that the changes have effect.
Employee and executive incentives: an overview of incentive arrangements in the Middle East download
This briefing highlights the benefits of trust-based plans and illustrates the fact that plans can be tailored to meet specific employer or country requirements.
The High Court has recently confirmed that the so-called ‘last-straw’ doctrine applies to employers as much as it does to employees.
Eversheds has commented on ACAS’s response to consultation and statutory code of practice for UK employers.
Employers should not rely unquestioningly on OH report in deciding whether an employee is disabled download
Gallop v Newport City Council demonstrates that an OH report cannot be relied on unquestioningly by the employer in deciding whether an employee is disabled.
In this note, Mills & Reeve offers some brief tips on some of the most commonly encountered problems.
Employment News — 27 January 2014: bare necessities: implied contract between agency worker and client was not necessary download
The claimant in Smith v Carillion (JM) Ltd worked in the construction industry through an employment agency.
Employment News — 27 January 2014: in dispute? ‘Without prejudice’ settlement negotiations were inadmissible download
‘Without prejudice’ communications made for the purpose of a genuine attempt to compromise an existing dispute cannot, generally speaking, be put before the court as evidence.
Employment News — 27 January 2014: no deal: claimant’s rejection of offer to settle did not justify costs award download
The claimant was dismissed from her job as a bank branch manager on conduct grounds, following an incident where she had left the branch safe open.
In this briefing, Mills & Reeve takes 10 key areas of employment law and looks back on developments in 2013 that are likely to have continuing significance.
On 2 January 2014, FERC and CFTC signed two MoUs, as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
According to KPMG, today’s energy and natural resources organisations may be unprepared to meet the ever-growing array of risks now present in the market.
England ‘clearly’ the right forum for privacy and data protection claims against Google Inc, says Tugendhat download
The High Court is allowing British residents to sue Google in England for misuse of private information and breach of its duties under the Data Protection Act 1998.
Ensure your distribution agreement runs like clockwork — beware of banning exports to Switzerland download
Recent decisions by the Swiss competition authority in relation to parallel import restrictions highlight that the Swiss competition authority will not take lightly the restriction of trade into Switzerland.
The Enterprise and Regulatory Reform Act 2013 unveiled a number of significant changes to the system for regulating works to listed buildings in England.
EPA has amended its ‘All Appropriate Inquiries’ rule, which sets out the standard for environmental due diligence in commercial and industrial property transactions.
A number of reforms designed to simplify certain aspects of the EU merger control process came into effect from 1 January 2014.
The EU Parliament has finally approved the text of the new public procurement directives (the ‘classic’ directive, utilities directive and concessions directive).
Eversheds has advised Merseyside Recycling and Waste Authority on a 30-year waste treatment PPP contract worth more than £1bn.
Eversheds has advised New World China Land on its acquisition of Penta Hotel Holdings for approximately €13.5m.
Eversheds’ Swedish office has advised Virtusa Corporation, which has acquired Swedish company TradeTech Consulting Scandinavia.
Eversheds Bianchini and Tremonti Vitali Romagnoli Piccardi e Associati advise PEP on the legal and tax aspects of its agreement with Keyhaven Capital.
Eversheds Bianchini has advised a pool of Italian banks led by Unicredit on a debt restructuring agreement for San Giorgio and its group of companies.
Eversheds has commented on the recent cut in UK business rates by communities secretary Eric Pickles.
Eversheds has successfully represented the government of Peru in the International Court of Justice in relation to a maritime boundary dispute against Chile.
Eversheds has launched an online auto-enrolment compliance tool for employers that are due to reach their auto-enrolment staging date in 2014 and beyond.
Eversheds has featured at number 45 in the Stonewall Workplace Equality Index 2014, up seven places from last year.
The Paris office of Eversheds is sponsoring a mentoring programme aimed at helping young women aged between 25–39 within the immigrant population.
Eversheds has produced a guide to the Consumer Rights Directive (CRD) that looks at how the CRD will change the laws of 15 EU countries.
Eversheds has relocated its Beijing office with effect from 18 January 2014.
Hans Forssell and Göran Johansson from Eversheds Stockholm represented claimants AB SEB Trygg Liv in a dispute in the Swedish Supreme Court.
A new breed of young lawyer is seeking to reform the legal sector, according to Eversheds’ recent ‘21st Century Law Firm: Inheriting a New World’ report.
Francois Barker of Eversheds has said the delay in imposing a cap on DC default fund charges will ‘hopefully give the government time to get it right’.
Eversheds is one of a number of organisations sponsoring a new OHADA law diploma at the universities of Panthéon-Assas and Paris 13.
Stephen Kitts, Asia managing partner at Eversheds, has stated that the short-term dip in demand is no bad thing over the long run.
After many promises and debates, and much activity, the TUPE regime is changing (in the main) on 31 January 2014.
This briefing highlights the benefits of trust-based share plans and shows how schemes can be tailored to meet employer or country specific requirements.
Executive share plans: guide to executive share plans to motivate a broad range of employees download
This guide highlights the variety of share plans in the market and illustrates the way in which these can be tailored to meet specific requirements as needed.
Three Raymond Buildings has been at the forefront of extradition law for more than 50 years and is the leading set in this field.
Lack of clarity in a landlord’s notice led to it being held to be invalid by the High Court and meant that the landlord was unable to forfeit the lease for the tenant’s breaches.
The Financial Conduct Authority (FCA) has published a webpage on the implementation of COLL 4.2.5R(3)(ca).
Pillsbury has published its FCC Enforcement Monitor communication for January 2014.
FCPA Update — anti-corruption compliance in 2013: post-guidance trends and signals for the future download
Debevoise & Plimption has published its FCPA Update for January 2013. The lead article concerns anti-corruption compliance in 2013.
FDA declines to define ‘natural’ download
The FDA has officially declined the opportunity to administratively determine whether foods containing bio-engineered ingredients may be labelled as ‘natural’.
For the second year, running female delegates at the World Economic Forum meeting at Davos are outperforming their male counterparts on social media.
The FCA has fined Christoper Willford £30,000 for failing to provide the board with up-to-date information about Bradford & Bingley’s financial position.
A court has considered whether an instruction to make a payment through CHAPS was satisfied where the number and sort code were identified, but not the name of the beneficiary.
Finance Litigation LegalEye — winter 2014: financial mis-selling claims: latest Court of Appeal decision download
The Court of Appeal has dismissed Green & Rowley’s mis-selling claim in relation to an interest rate swap.
Welcome to the Mourant Ozannes financial services winter update.
The Department of the Treasury’s Federal Insurance Office has published How to Modernize and Improve the System of Insurance Regulation in the United States.
First LPA to be put into ‘special measures’ for failing to meet targets on the processing of planning applications download
Blaby District Council has become the first local planning authority to be put into ‘special measures’ for failing to meet targets on the processing of planning applications.
The European Commission has fined four producers of flexible polyurethane foam products a total of €114m for their participation in a cartel.
The use of zero-hours contracts are on the rise in the food industry, both in the food service sector and in food and drink manufacturing.
Last year was the ‘annus horribilis’ for food, with the horsemeat contamination wiping millions off turnover and stock prices.
The realities are that in any football insolvency the creditors (including the players) lose out and the players involved are usually at the lower-level clubs.
Understanding the politics — and in particular how it might affect you and your business — really does matter, and business leaders ignore it at their peril.
Overriding interests have been a hot topic recently, due to the fact that as of midnight on 12 October 2013 their overriding status was lost.
Issues arising from the recent wet weather have caused growers and others in the supply chain to take a careful look at their trading terms, and in particular the ‘force majeure’ clause.
Former archbishop of Canterbury Dr Rowan Williams spoke about the culture of the ‘marketisation of marriage’ at a debate hosted by Winckworth Sherwood.
Stephenson Harwood has announced that four of its upcoming cases have been included in The Lawyer’s 2014 ‘cases to watch’.
Three Raymond Buildings has a long-established reputation as a leading set for fraud, money laundering and anti-competitive conduct.
In July 2013, the EAT held that an employee’s choice of companion for a hearing does not need to be ‘reasonable’ but that compensation for a breach of the right was likely to be low.
On 6 January 2014, workers at a Goodyear factory in Amiens, ‘boss-napped’ two directors over plans to close the site. Shoosmiths consider the factors that led to this.
In a report released last month, the FSB provided an update on its initiative to encourage global adherence to international standards.
Further tranches of draft rules under the Public Governance, Performance and Accountability Act 2013 have been released for consultation by the Department of Finance.
Further education colleges — VAT download
The First-tier Tribunal has decided that certain students of further education colleges are treated as receiving their tuition ‘free of charge’, and thus not giving rise to a business activity.
Allen & Overy has reported that across seven major jurisdictions selected for its Global Cartel Enforcement 2013 Year in Review, cartel fines handed down in 2013 totalled €3.1bn.
Hogan Lovells reviews the latest developments in the area of anti-bribery and corruption regulation and enforcement around the world.
Prioritisation and globalisation drive higher fine totals from fewer investigations.
No5 barrister Peter Goatley has acted for Persimmon in an appeal that saw the planning inspectorate uphold Persimmon’s appeal against a decision to refuse permission for 81 dwellings.
The Court of Session has confirmed that the expiry of fixed-term contracts does not trigger the requirement to collectively consult with appropriate representatives.
During 2013, Goodman Derrick’s technology group had lead roles in relation to three equity fundraisings for technology companies.
Governance News — 29 January 2014 download
Governance News from Minter Ellison summarises the top headlines in corporate governance this week.
Ministers claim that the national minimum wage is currently outstripped by the rising cost of living and is now worth the same in real terms as in 2004.
The government is currently consulting on draft regulations that will underpin the heritage elements of the Enterprise and Regulatory Reform Act 2013.
The new Anti-Piracy Regulation (608/2013) — which has applied since 1 January 2014 — offers even greater protection against fake goods in all 28 EU member states.
The Groceries Code Adjudicator Act 2013 established the Groceries Code Adjudicator to enforce the Grocery Supply Code of Practice.
Handling state AG parens patriae actions after the Supreme Court’s rejection of federal court removal download
State attorney-general lawsuits seeking restitution for damaged consumers cannot be removed to federal court as ‘mass actions’ under the Class Action Fairness Act.
Shortly before Christmas, the government published its extensive full response to the Francis Report, entitled ‘Hard Truths’.
In the course of Nestlé’s battle, Mr Justice Arnold has asked the CJEU to clarify two trademark matters.
Winckworth Sherwood has released its December issue of Heads Up, which discusses the issues that faced education throughout 2013.
Health Alert — 13 January 2014 download
DLA Piper has released the 13 January 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — 20 January 2014 download
DLA Piper has released the 20 January 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — 28 January 2014 download
DLA Piper has released the 28 January 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Building on its experience and reputation in criminal cases, Three Raymond Buildings is regarded as a leading set in health and safety and fire safety work.
Nabarro has released the January 2014 edition of its health and safety newsletter, which includes information on health and safety reforms and employing young people.
A client was served with a health and safety improvement notice after failing to provide its local council with a written scheme of examination concerning a coffee machine.
This issue includes articles on the CCG Assurance Framework, which sets out the six domains in which NHS England will assess the performance of CCGs.
The OFT can make such a reference if it has reasonable grounds for suspecting that competition for the supply or acquisition of goods or services is not working effectively.
As from April 2014, new legislation will take effect to change the rules for partnership taxation with a view to shutting down certain perceived abuses.
From January to December 2013, the ATO/Commonwealth achieved an approximately 75 per cent success rate in tax litigation.
Concerns had been raised by stakeholders in relation to the Financial Conduct Authority’s proposed deadline of 22 January 2014.
Following the introduction of the disguised remuneration rules in 2011, HMRC has promised to vigorously pursue existing employee benefit trusts.
Ben Jones, tax expert at Eversheds, has commented following the news of HMRC’s investigation of the tax treatment of Bitcoins.
Hogan Lovells has advised EDF in relation to its 100-year bond issue in pound sterling, which enabled EDF to raise £1.35bn.
Hogan Lovells has announced the promotion of 29 new partners, effective 1 January 2014.
Hogan Lovells has boosted its international debt capital markets practice by hiring counsel Katia Merlini.
Elizabeth Slattery, partner in Hogan Lovells’ employment team, has commented on the TUPE reforms.
Hogan Lovells has continued to demonstrate the strength of its worldwide platform with its showing in the full-year M&A league tables.
Hogan Lovells has announced that Bruce Oakley, a partner in the litigation practice, was recently named managing partner of the firm’s Houston office.
Hogan Lovells has announced that it has opened an office in São Paulo, Brazil — its second in Brazil, with one already in Rio de Janeiro.
The National Academy of Sciences is set to present its 2014 Public Welfare Medal to Hogan Lovells partner John E Porter.
Hogan Lovells has been ranked 35th in the Stonewall Top 100 Employers 2014 Workplace Equality Index.
Hogan Lovells has recruited Mark Parsons into its corporate/commercial team in Hong Kong as a partner with a particular focus on complex commercial transactions and regulatory matters in the TMT sector.
Hogan Lovells’ bribery and corruption task force expects increased enforcement against executives and enforcement co-operation between countries.
On 25 February 2014, Hogan Lovells is set to hold a late afternoon seminar on retirement issues.
Hogan Lovells is set to host a webinar on employment law changes on 22 January 2014.
Hogan Lovells has announced that it is participating in the OnRamp Fellowship, a programme aimed at facilitating the re-entry of experienced female lawyers.
Managing the risks and costs associated with TUPE can be a real problem when making changes to supply chains.
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?
On 24 February 2014, revised thresholds for the Hart-Scott-Rodino Act (HSR) will take effect.
Hugh Davies QC from Three Raymond Buildings is representing West Yorkshire Police at the inquest into the death of Alistair Bell.
DLA Piper has been recognised as one of the best law firms for lesbian, gay, bisexual and transgender (LGBT) equality by the Human Rights Campaign.
Ince & Co’s London corporate energy team has advised Houston-based Newpark Resources on its acquisition of Oxfordshire-based Terrafirma Roadways.
Ince & Co’s Shanghai consultant Dimitris Seirinakis, together with senior associate Shirley Li, has joined the British Chamber of Commerce Shanghai FTZ focus group.
Ince & Co in China has been named a winner in the category of aviation and shipping in China Business Law Journal’s 2013 China Business Law Awards.
Neil Mohring of Eversheds believes that increased targeting and more accessible official packages should deter pubs from illegally showing foreign broadcasts.
InCredit — January 2014: advertising download
The advertising section of InCredit includes information on the ASA adjudication on Raedex Consortium Ltd.
InCredit — January 2014: and also... download
This section of InCredit includes information on the Financial Services (Banking Reform) Bill, the OFT letter to banks and more.
The consumer credit section of InCredit includes information on the call to ban payday loan adverts at the Commonwealth Games and more.
The current accounts section of InCredit contains information on the EP publishing amendments adopted in EC directive on payment accounts.
InCredit — January 2014: insurance download
The insurance section of InCredit includes information on the Ministry of Justice’s PPI bulletin.
InCredit — January 2014: market news download
The market news section of InCredit discusses the warning from foreign banks over China lending limit rules and Santander’s acquisition of the Bank of Shangai.
InCredit — January 2014: mortgages download
The mortgages section of InCredit includes briefing notes on amendments to the Banking Reform and information on the new CML chairman.
This is the first ruling of this type on article 5(3) in the context of antitrust damages actions and will aid the establishment of English jurisdiction for such claims.
Individual protection from the lifetime allowance: what are the features and implications of IP14? download
Another reduction in the lifetime allowance, scheduled for April 2014, means another round of protections.
On 12 January 2014, the ban on the export of unprocessed mineral ores came into effect in Indonesia.
Before Christmas, Twitter indicated how it intends to tackle two of its main challenges in 2014, namely: trolls and the spread of false information.
We are experts in coronial law and appear in inquests as well as claims for judicial review of coroners’ decisions.
The first two weeks of 2014 ushered in an extraordinary weather disaster affecting most of the US, causing property damage and business interruption.
We are highly experienced in dealing with cases in international criminal and humanitarian law.
English law and English jurisdiction is often chosen as the governing law of contracts and the dispute resolution mechanism respectively for a number of reasons.
InVest — January 2014: banking download
The banking section of InVest includes information on CRD developments, the Banking Reform Act receiving royal assent, the FCA quarterly consultation and more.
The enforcement and financial crime section of InVest includes information on plans to suspend individuals during enforcement cases blocked by MPs.
The general developments section of InVest includes information regarding the Autumn Statement 2013 and private equity in Africa in 2014.
The investments and funds section of InVest includes information regarding the Volcker Rule, AIFMD developments, outsourcing and more.
This spotlight article focuses on outsourcing by asset managers and the renewed FCA focus on exit planning and oversight arrangements
According to KPMG, predicted forward P/E ratios, a measure of confidence or appetite, were 16 per cent higher in December 2013 than they were 12 months earlier.
Richard Moulton, head of private equity at Eversheds, has commented on predictions that the increase in European IPOs is set to accelerate.
In this update, Walker Morris sets out the latest developments regarding the EU sanctions against Iran.
On 21 January, the FTC announced 12 proposed settlements with companies accused of falsely claiming that they complied with the US-EU Safe Harbor Framework.
Paula Barrett, data privacy expert at Eversheds, has commented on the theft of almost half of all South Korea’s credit card details.
Italy energy update — January 2014 download
On 24 December, 2013, the Decree n. 145, which provides for a package of measures aimed at the economic development known as ‘Destination Italy Plan’ entered into force.
Claire Jackson of Kings Chambers has acted for Manchester City Council in an appeal relating to the non-payment of council tax.
After many years in the pipeline, the draft Financial Services Ombudsman (Jersey) Law 201- has been lodged for debate in the States of Jersey.
The JFSC has published a guidance note relating to insurance business transfer schemes under the Insurance Business (Jersey) Law 1996.
Jim Edmondson will join Mourant Ozannes’ international trusts and private client practice as a consultant based in London.
Choosing and including the correct type of jurisdiction clause in a contract is important.
The High Court in East England Schools CIC v Palmer was looking at the enforceability of the non-solicitation and non-dealing covenants.
KWM has acted for the Hong Kong Electric Co on a three-year syndicated term loan facility and a three-year syndicated term loan facility with HK Electric Investments.
King & Wood Mallesons has advised Beihai Port on its major assets restructuring to integrate Fangcheng Port, Qinzhou Port and Beihai Port into ‘One Port’.
King & Wood Mallesons has advised Bitauto on its successful issue of American depository shares.
King & Wood Mallesons has advised China Cinda Asset Management in its successful listing on the Main Board of the Hong Kong Stock Exchange (SEHK).
King & Wood Mallesons has advised Chinasoft on its successful non-public issuance of 21,587,512 A-shares on the Shanghai Stock Exchange.
King & Wood Mallesons has advised DBP on its AUD745m bank debt refinancing transaction, provided by a syndicate of Australian, Asian and Canadian banks.
King & Wood Mallesons has advised Neway Valve on its successful listing on the Main Board of the Shanghai Stock Exchange.
King & Wood Mallesons has advised Qinhuangdao Port on its successful listing on the Main Board of Hong Kong Stock Exchange.
King & Wood Mallesons has announced the appointment of Craig Pollack as the new global co-ordinator for dispute resolution/litigation.
King & Wood Mallesons has appointed four new special counsel and 28 new senior associates across its Melbourne, Sydney, Brisbane and Perth centres.
King & Wood Mallesons has been ranked number one for announced M&A deals in 2013 by deal count according to mergermarket’s league tables.
King & Wood Mallesons has advised Huishang Bank on its successful listing on the Main Board of Hong Kong Stock Exchange.
Anthony Crean QC of Kings Chambers has secured permission for 200 dwellings at the former Ronkswood Hospital site in Newton Road, Worcester.
Kings Chambers has announced that Gary Grant has accepted an invitation to join Kings Chambers’ planning team.
Compliance with AML, Know Your Customer and sanctions regulatory requirements dominated the financial services landscape in 2013. This looks set to continue in 2014.
KPMG International has appointed Brian Daly as global insurance tax lead. He also sits on the company’s Global Financial Services leadership team.
In a recent KPMG International poll, more than 75 per cent of respondents said they were involved in a tax examination or dispute with a revenue authority, with 43 per cent reporting that they feel the process takes too long and is too expensive.
A KPMG report has revealed a disconnect between executives who realise the value of big data but are unsure of how to effectively implement their existing resources.
Emerging health economies face major long-term financial problems if they try to replicate hospital-based western models, a report by KPMG warns.
KWM has advised the Agricultural Development Bank of China on the issuance of RMB bonds worth ¥3bn and getting listed on the Hong Kong Stock Exchange.
King & Wood Mallesons (KWM) has advised Zhejiang Zheneng Electric Power on its successful listing on the SSE through a shares swap absorption merger.
King & Wood Mallesons (KWM) has appointed special counsel Bill Ladas to its intellectual property practice.
KWM has secured a key role advising Medibank Private on the Australian federal government’s scoping study into the potential privatisation of Medibank.
Law à la Mode — 2013–14 download
DLA Piper has published the winter edition of Law à la Mode, which includes a review of the potential pitfalls and opportunities when franchising in the UAE.
No5 Chambers practice director Tony McDaid has commented following the proposed changes to legal aid and the resulting protest by nearly 100 barristers.
We often come up against the argument from defendant professionals that the lender would not have acted differently even if it had been properly advised.
Kings Chambers has announced the addition of Leo Charalambides as an associate tenant to provide further strength to its licensing team.
Lessons from the Julstar decision and government position on penalties for Franchising Code breaches download
The decision highlights the importance of exercising caution in making pre-contractual representations and documenting those representations prior to entering into an agreement.
Following Zoopla’s decision to end its sponsorship of WBA, Shoosmiths explores how sponsors can protect themselves against the bad behaviour of their athletes.
The High Court in Graiseley Properties Ltd v Barclays Bank plc had permitted the borrower to amend their particulars of claim following LIBOR-fixing allegations, but in Deutsche the court refused.
The Court of Appeal has handed down its judgment in Graiseley Properties v Barclays Bank, heard jointly with Deutsche Bank v Unitech Global.
We have a distinguished reputation in licensing law and the length and breadth of our experience in this area is unmatched.
When granting or receiving a licence under intellectual property rights, the parties need to consider at the earliest stage the degree of exclusivity that will be granted.
HM Revenue & Customs has proposed to tighten up the rules allowing members of a limited liability partnership to be treated as self employed.
Conyers has announced that Linda Martin has joined the firm as a director in its London office, where she will advise on Cayman Islands law.
The Commercial Court has given a stern warning to those who fund litigation for profit and the lawyers who advise them.
Bruce Dear, head of London real estate at Eversheds, has commented following the news that commercial property investment in London has hit a six-year high.
Look out for charitable trusts download
Land was given to Dartford Borough Council in 1903 ‘to be appropriated and used in perpetuity as a public recreation ground and for no other purpose whatsoever’.
The CSSF has published a fourth update of its frequently asked questions on the law of 12 July 2013 on alternative investment fund managers.
M&A Index — China’s merger controls download
The power of MOFCOM is being felt at home and abroad, and investors must potentially be prepared to confront some significant and costly hurdles.
Macronix seeks ban on Spansion non-volatile memory devices and all products containing such devices download
All companies that import such products (even not named in the ITC complaint) face potential risk of Customs seizure.
Hogan Lovells summarises Spanish tax issues to be considered both in the purchase of distressed debt and in connection with any restructuring of such debt.
Elizabeth Shepherd, renewable energy expert at Eversheds, has commented on the UK government’s latest announcement on shale gas incentives.
Nabila Mallick of No5 Chambers has been nominated for the 2014 Birmingham Law Society Pro Bono Lawyer of the Year award.
In Szepietowski v National Crime Agency, the Supreme Court set out a clear test for when the remedy of marshalling should be available to a second mortgagee.
Match-fixing cases tend to be messy. They can result in three (possibly four) sets of legal proceedings all running at once.
Melanie Chell, head of Shoosmiths’ asset finance team, has been included in this year’s Motor Finance Power 50, which lists the 50 most influential and powerful people in UK car finance.
Memery Bank: Takeover Code update — important clarification on directors’ irrevocable undertakings download
The Takeover Panel has released a practice statement clarifying the application of Rule 21.2 to directors’ irrevocable undertakings.
Arendt & Medernach has been named ‘Best Advisory Firm’ for the second year running at the 2014 MENA Fund Manager Fund Services.
M&A activity in 2013 in the food and beverage sector followed 2012 as another year of high-profile transactions, although, at least in the UK, on a reduced scale.
Mills & Reeve has acted for Healthcare at Home, a clinical homecare provider, in its strategic acquisition of the Medihome group.
Mills & Reeve has acted for Low Carbon Innovation Fund on a series of investments totalling approximately £12.5m in just nine months.
Mills & Reeve has advised Ubisense Group on its acquisition of Japanese company Geoplan Interworks KK for a maximum consideration of JPY564.7m.
Mills & Reeve has advised worldwide fruit and vegetable supplier UNIVEG on its acquisition of UK-based fruit company Empire World Trade.
Mills & Reeve has been included in The Sunday Times’ 100 Best Companies to Work For list for the 11th year running.
As is widely known, the Indonesian export ban on ore came into effect on 12 January 2014.
For the fourth consecutive year, Minter Ellison has been ranked as one of Australia’s ‘elite’ firms for competition law by Global Competition Review in its global survey.
Minter Ellison partner Richard Batten said there is a reluctance among licensees to apply for relief from ASIC in case it results in increased scrutiny from ASIC.
More carrot, less stick: the Groceries Code Adjudicator issues guidance on investigation and enforcement powers download
The Groceries Code Adjudicator has issued guidance on how the adjudicator will carry out its investigation and enforcement functions under the Groceries Code Adjudicator Act 2013.
Mourant Ozannes’ Gavin Farrell has been recognised as one of the top 10 most highly regarded offshore lawyers in the world.
Mourant Ozannes has acted for Premier Oil, a FTSE 250-listed international oil and gas exploration and production company, on the Jersey aspects of its recent fundraisings.
This video webinar from the Nabarro employment team focuses on the grievance process, workplace disputes and the use of mediation.
In this video training session, members of the Nabarro employment team update you on new rights for agency workers, which came into force on 1 October 2011.
Nabarro has advised the winning consortium, led by infrastructure fund Equitix, on the £83m bond-financed Brunswick (Manchester) social-housing PFI project.
This client update highlights some of the developments from the Fall National Meeting held by the National Association of Insurance Commissioners.
NCTM has acted as legal adviser to Gruppo Green Power, an Italian company in the renewable energy sector, in its listing on AIM Italia.
NCTM has assisted L Capital in the closing of a contract for the purchase of a 30 per cent stake in Vicini Spa, a company led by Giuseppe Zanotti.
NCTM has assisted Società Europa Tessile — a company that creates, develops, produces and sells textile products — in the acquisition of Stamperia Chiara.
NCTM has launched a capital markets and financial intermediaries department under the direction of Prof Alberto Toffoletto.
NCTM has launched its digital magazine nctm e l’arte on the Flipboard social news platform.
NCTM Studio Legale Associato has been chosen as the winner of the ‘Prize for Innovation’ award at the Legalcommunity 2014 Energy Awards.
New amendments to PRC Company Law download
On 28 December 2013, the Standing Committee of the National People’s Congress announced the fourth set of amendments to the PRC Company Law.
The CJEU delivered three important rulings on the application of the supplementary protection certificate regulation 469/2009/EC on the same day.
On 19 December 2013, the Department for Business, Innovation & Skills released a new consultation on the use of zero-hours contracts.
The Court of Appeal has indicated how seriously the courts will take failures to comply with court rules and orders following the implementation of the Jackson Reforms.
New EU Customs Regulation download
With effect from 1 January 2014, a new Customs Regulation came into force in the European Union (EU), which replaces the existing Customs Regulation.
On 28 November 2013, the European Commission published a draft of a directive intended to harmonise the protection of trade secrets.
New legislation presents challenges to investors as the Hungarian government advances its ‘unorthodox’ political agenda download
Since its election in 2010, the Hungarian government has used its parliamentary majority to pass much legislation — 223 new laws in 2012.
The European Parliament has approved the final form compromise text of the new public sector and services concessions public procurement directives.
The European Commission has provided the finalised and agreed threshold values to apply from 1 January 2014 to 31 December 2015 for the procurement of public contracts.
The European Commission has just revised the thresholds for the application of the EU public procurement directives.
AMAC has announced a provisional regulation requiring the registration of domestic Chinese private equity fund managers and filings by domestic Chinese private equity funds with AMAC.
New rules that will apply to most businesses selling to consumers, whether online or in a traditional store, have been laid before parliament.
New rules that will apply to most businesses selling to consumers, whether online or in a traditional store, have been laid before parliament.
New tax rules for LLP members download
The government has issued draft anti-avoidance legislation that overrides the current presumption that a member of an LLP is self-employed for tax purposes and is not an employee.
New TUPE regulations published download
The government has now made the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014.
Several legal novelties have come into force in Croatia. The most important is the new law on oil and the oil derivatives market.
Compliance will be the watchword for 2014 and beyond. Adhere to deadlines/court timetables and all should be fine.
New year, new TUPE download
The final version of the regulations amending the TUPE business transfer and outsourcing regulations has been published.
The arrival of 2014 has already ushered in major reforms to New York’s employment law landscape, with broad ramifications, particularly for New York City employers.
All private sector employers must give written notice of wage rates to all New York employees, both exempt and non-exempt, by 1 February of each year.
This decision may prove valuable to policyholders in their disputes over deductibles.
The New York Non-Profit Revitalization Act of 2013 was signed into law on 18 December 2013 and the bulk of its provisions will take effect on 1 July 2014.
In light of Delaware case law developments over the past year, exclusive forum provisions are being increasingly adopted by public companies.
The Upper Tribunal (Lands Chamber) has held that the landlord of a flat let on a long residential lease could not recover the insurance premium from the tenant.
No5 Chambers barrister Robin Rowland will speak at Jordan’s Family Law Update 2014, which will be held in Birmingham on 5 February and in Cardiff on 26 February.
Ian Dove of No5 Chambers has led a successful appeal against Broxtowe Borough Council to construct housing on the land adjacent to Hempshill Hall in Nottingham.
No5 members Hugh Richards and James Corbet Burcher will be speaking at the Nationally Significant Infrastructure Projects Applications Master Class 2014.
No5 Chambers is again supporting Mental Health Research UK’s ‘Blooming Monday’ depression awareness campaign.
The appeal judgment in Threlfall v ECD Insight Ltd raises the prospect that a director may be held liable for costs owed by a company.
The final Volcker Rule has relaxed the proposed restrictions on the ability of a non-US bank to engage in transactions with certain investment vehicles.
Nuclear energy policy update: key recommendations from the Conference on Nuclear Third-Party Liability and Insurance download
The Conference on Nuclear Third Party Liability and Insurance took place on 20–21 January 2014.
The NYSE has updated its Section 303A written affirmation form to reflect the recent modifications to the NYSE listing standards for compensation committees of equity issuers.
This is the first of two articles focusing on the measures to produce and preserve evidence in three major patent jurisdictions — Germany, France and England and Wales.
This is the second of two articles focusing on the measures to produce and preserve evidence in three major patent jurisdictions — Germany, France and England and Wales.
This digest attempts to give the reader a high level summary of the major commercial cases decided in Bermuda, the BVI and Cayman in the third quarter of 2013.
The OFT is conducting a formal investigation into suspected anti-competitive agreements and/or practices involving businesses in the property sales and lettings sector.
Shameer Jasani has been appointed as a partner in the Cayman Islands office while Ray Ng joins the BVI and Asia office as partner and head of litigation.
Ogier has advised Infinity Cross Border Acquisition Corporation on the BVI legal aspects of its proposed business combination transaction with Glori Energy.
Ogier has won the Law Firm of the Year Award 2014 for Jersey at the Citywealth International Financial Centres awards, which focus on the private wealth sector.
One size doesn’t fit all: right to return to suitable post is not just a question of job title download
An employee returning to work after additional maternity leave has the right to return to the job in which she was employed or to another job that is suitable.
On 12 December 2013, the Italian Communication Authority approved a new regulation on online copyright enforcement, which will come into force on 31 March 2014.
Barristers Charles Foster, Ben Bradley and Katarina Sydow were instructed by Barlow Robbins to intervene on behalf of Care Not Killing in conjoined appeals.
The FCA has published its findings into its review as to whether asset managers are effectively managing the risks relating to outsourcing.
Owner’s right to deal with property download
In Blemain Finance Ltd v Goulding, the court had to determine whose interests prevailed.
For bankers the ruling in the recent divorce case of P v P is a real bonus.
The High Court has decided that a collateral warranty provided by a building contractor to a tenant for a building was an ‘construction contract’.
Payment for sleeping on the job download
The Employment Appeal Tribunal has considered whether an employee was entitled to the national minimum wage for the hours she spent sleeping at work.
Eversheds’ Pensions Agenda summarises 10 key issues that UK pension plans and plan sponsors need to be aware of.
Last year was packed with national and international pensions developments. It can be difficult for corporate multinationals to keep track of shifting landscapes.
The pace of change for pension schemes will continue in 2014 and beyond. Nabarro has produced a timeline plotting the main developments it expects.
Mills & Reeve has announced the arrival of Philip Treanor as a corporate partner in its Manchester office. He joins the law firm from Pannone.
The Health and Safety Executive is consulting on changes to legislation concerning the storage of petrol with the aim of simplifying and modernising it.
Singapore is looking to create an innovative dispute resolution system that will be of interest to many clients, especially those with commercial interests in south-east Asia.
On 20 August 2013, the Higher Arbitrazh Court of the Russian Federation published Plenum Ruling No. 62 on its official website.
Plug-in hybrids will lead the pack among e-vehicles in the race to produce cleaner, more efficient vehicles, according to a KPMG survey.
This podcast, featuring Vivien Cockerill, head of pensions at Wragge & Co, offers a pensions update for January 2013.
An improving economic outlook has seen activity in the construction industry steadily increasing, culminating in eight months of growth to the end of 2013.
Popovici Nitu & Asociatii has advised Romanian construction company Hidroconstructia on a new €60m syndicated loan.
Subterranean excavations may be an increasingly popular method of extending a property, but such developments also carry potential pitfalls.
Employers wanting to avoid or manage industrial action would do well to consider the following points.
The close of last year saw the commencement date for section 122 of the Localism Act 2011.
It is common practice for clubs to ask players to enter into pre-contract agreements. However, are such agreements enforceable?
President Barack Obama has announced important reforms in the ways the US government will gather, store, use and retain signals-related information.
In an unexpected and dramatic change of policy, the government has decided that a price cap should be introduced for payday loans.
This month, the Competition Commission has published its provisional decision on remedies arising from its private healthcare market investigation.
We are regularly instructed by disciplinary authorities and respondents in proceedings dealing with the full spectrum of professional misconduct.
The case of Siemens Hearing Instruments Ltd v Friends Life Ltd is, unsurprisingly, heading for the appeal court.
Another set of regulations has been laid before Parliament, in anticipation of the new commercial rent arrears recovery (CRAR) procedure coming into force on 6 April 2014.
The High Court held that as long as the equipment is working, there is no obligation to replace, renew or upgrade a dated system to modern standards.
Property update — January 2014: HS2 download
The High Speed Rail (London-West Midlands) Bill, once enacted, will give consent for the first phase of the new high speed rail project.
Implied periodic tenancy — one of the cases mentioned in Wragge & Co’s last property update — is heading to the Court of Appeal.
The Court of Appeal has agreed with the High Court that a surety was released from all liability because of a 1987 licence to alter, granted by a previous landlord.
This briefing dicusses two cases involving an out-of-date local plan, a revoked regional spatial strategy and the National Planning Policy Framework.
The UK government announced two main anti-avoidance provisions in its Autumn Statement last month.
An important extension to European copyright law concerns technological protection measures, in other word forms of encryption used to protect digital content.
Plans were announced this month to give the public a right to challenge the use and retention of central-government-owned sites.
Three Raymond Buildings has built, and continues to build, an excellent reputation in the area of public law.
The public procurement rules are changing, and the government is keen to implement these changes as soon as it can.
The European Commission has announced that it will be changing the advertising thresholds under the public procurement rules with effect from 1 January 2014.
There have been amendments to the Queensland Building and Construction Commission Act 1991, previously the Queensland Building Services Authority Act.
Wragge & Co has announced that Quentin Poole and Peter Thorne have been recognised in The Lawyer’s Hot 100 List for 2014.
We already know that consumer protection law will change in June 2014. Is 2014 also the year of new EU data protection and communications legislation?
Stephenson Harwood has appointed Suzanne Tarplee to its rail team. Tarplee joins from Burges Salmon, where she was a legal director in the rail group.
Nabarro has released its Real Estate Newletter for January 2014, which includes articles on the ‘Green Deal’ and capital gains tax for non-UK resident investors.
Shoosmiths takes a look at the changes that anyone working in real estate can expect to see in 2014.
Reasonable endeavours: an update download
Contractual obligations cannot always be absolute. For this reason you will often see obligations qualified so the performer has to use ‘reasonable’ or ‘best’ endeavours.
Jersey has its own legal system and is a separate jurisdiction from that of England and Wales.
The Treasury has released exposure drafts of amendments to the Corporations Act and Corporations Regulations to implement the government’s proposed changes to the FoFA regime.
Lack of political consensus has led to yet another hiatus in the passage of the Insurance Laws (Amendment) Bill into law.
Break clauses often include an obligation upon the tenant to have settled all arrears of rent up to the break date in order for a tenant’s option to terminate the lease to be effective.
Refusal of springboard relief download
Smith & Nephew v Convatec concerns the availability of an injunction after expiry of the patent being enforced — so-called ‘springboard’ relief.
We are regularly instructed by local and national regulators as well as regulated companies and individuals across a wide range of industries.
The proliferation of electronically stored information is driving legal departments to re-engineer dispute management to improve outcomes and lower risk.
Relaxation of NDRC rules has immediate impact, but uncertainty remains if there is only ever one anointed Chinese bidder download
Developments in Tsinghua’s bid for RDA Microelectronics show the immediate impact of December’s relaxation of outbound investment regulations in China.
Private equity funds (and their managers/advisers) are subject to various types of regulation under US federal law, in particular under the Dodd-Frank Act, and non-US law.
The wording of a repairing covenant can often give rise to confusion and misconceptions about the extent of a tenant’s obligations.
The Privacy and Civil Liberties Oversight Board has concluded that the National Security Agency’s bulk collection of telephone call records is illegal and should be ended.
There has been much debate about the circumstances in which minimum RPM will constitute a vertical monopolistic agreement prohibited by article 14 of the AML.
In this article, Lucy Hughes, an associate at Walker Morris, looks at dealing with state aid when applying for research grants.
We have expertise across all levels of call in this complex and constantly evolving area of law. Our members have appeared in some leading cases in the field.
Taylor Wessing asked lawyers across its restructuring and corporate recovery team to describe how things might develop in this market during 2014.
Retail bonds can present not only an attractive alternative or addition to bank finance but also a way to promote stronger links with customers and to engender greater brand loyalty.
James Batham, partner and head of the retail sector at Eversheds, looks at what happened in 2013 and what the outlook is for the year ahead.
This article examines some of the different types of claim or medico-legal query Mills & Reeve received in its Claims Handling Unit or out-of-hours service during 2013.
There is a fresh batch of content on the Taylor Wessing Global Data Hub site, which provides you with insight and guidance on data protection issues.
Goodman Derrick has announced that Richard Bailey has joined the firm’s construction team. Bailey will be working closely with John Wright.
It is not uncommon for sportspeople to find themselves being ‘benched’ for reasons other than their on-field performance or their off-field behaviour.
Audrey Williams, partner at Eversheds, has commented following news that the number of whistleblowing tip-offs in the UK has risen.
Managing partner, Guernsey
The Royal Court has, for the first time, allowed an appeal against the issuing by the Comptroller of a notice to disclose documents under the TIEA regulations.
S Chelvan from No5 Chambers has given a presentation at Oxford University’s Refugee Studies Centre.
Taylor Wessing’s lawyers from Austria, Germany and the UK explain their respective national approaches to the issue of ex-employees in possession of trade secrets.
Hogan Lovells has outlined the impact of this development on US companies and on foreign companies that are not ultimately owned or controlled by US persons/entities.
SEC and FINRA release priorities for SEC’s examinations of investment advisers and investment companies and FINRA’s examinations of broker-dealers.
This year, the SEC is intent on bringing record numbers of financial reporting cases and has some new tools and resources to enable it to do so.
The amendments to Regulation A are intended to expand the existing exemption to increase access to capital for smaller companies.
The SEC recently published Form SD, the disclosure form to be filed by all SEC reporting companies that are subject to the SEC’s conflict minerals rule.
The Court of Appeal has delivered some welcome Christmas cheer for landlords.
The Commercial Court has jurisdiction to grant security for costs against claimants seeking to enforce arbitration awards in the English court under the New York Convention.
Two recent solicitors’ claims deal with the consequences of clients failing to read documents.
Attention being paid by senior management to money laundering challenges is at an all-time high, according to findings from a new KPMG International report.
As a lease approaches the end of its term, can a landlord push through significant capital expenditure under the service charge?
The government has announced how the new system of shared parental leave will work when it comes into force in April 2015.
This article addresses the most significant resulting proposals and focuses in particular on new powers for the Competition Appeal Tribunal.
Shoosmiths real-estate specialists have advised McKay Securities on the £6m freehold purchase of 1 Crown Square, Woking.
Shoosmiths provides legal advice to One Stop on its move into franchising.
The advocate-general has issued an opinion on how to calculate the holiday pay of employees who are paid by way of basic salary plus regular sales commission.
Real-estate litigation specialist Martin McKeague explains the law underpinning this important decision.
A bipartisan group of Congressional leaders has introduced legislation to give President Obama trade promotion authority to negotiate significant trade agreements.
Social landlords continue to ask an age-old question: what to do with those left in occupation following the death of a tenant, or after a tenant parts with the whole of the property.
Sports, Media and Entertainment Intelligence is the global monthly publication from DLA Piper’s sports, media and entertainment group.
Stephenson Harwood has advised Fujian Nuoqi on its H-share listing on the Hong Kong Stock Exchange.
Stephenson Harwood has advised VietJet Air on the purchase of up to 46 CFM 56 aircraft engines worth (at catalogue prices) up to $800m.
The Big Bang for lawyers was meant to be the Legal Services Act, which opened the door to ABS applications in January 2012.
The NSW government has announced a review of the Retail Leases Act 1994 and invited stakeholders to make their submissions by 7 February 2014.
Employers should review the forum selection and choice of law clauses in their employment and non-competition agreements following a recent Supreme Court decision.
Table comparing the old Security Interests (Jersey) Law and the new Security Interests (Jersey) Law download
This table provides a comparison of certain provisions of the Security Interests (Jersey) Law 2012 and the Security Interests (Jersey) Law 1983.
This client alert provides an overview of some of the key developments in the natural gas sector in Tanzania.
We advise and appear regularly in appeals before the First-tier Tax Tribunal and the Upper-tier Tribunal for both appellants and HMRC.
Tax support for the UK onshore shale gas industry: an innovative approach to an unconventional fuel reserve download
The government is ambitious to support industry in its exploitation of shale gas as a new source of energy supply.
Tax Update — January 2014 download
In this Tax Update, Arendt & Medernach focuses on both Luxembourg and international news.
Taylor Wessing has acted for Arab Jordan Investment Bank on its exchange of contracts with HSBC Bank Middle East to acquire HSBC’s business and assets in Jordan.
Taylor Wessing has acted pro bono for the Human Dignity Trust in overturning northern Cyprus’s laws criminalising homosexuality at the European Court of Human Rights.
Taylor Wessing has advised HSH Nordbank in connection with the financing of three wind parks located in Burgundy, France, consisting of 13 wind turbines.
When key employees leave to join a competitor, employers often risk losing other team members to the new employer too.
The Information Commissioner’s Office has issued guidance urging app developers towards ‘privacy by design’ and highlighting the need for transparent privacy policies and flexible settings.
The ICT services sector continues its trend in outperforming the software sector. Boardroom confidence in the sector continues its upward trajectory.
This bi-annual China TMT report analyses some of the key developments in the TMT sector over the past few months.
Moran v Ideal Cleaning Services Ltd was a claim made by individuals employed by one company but placed with another company as cleaners.
This article examines the impact of the Agency Workers Regulations 2010, including a recent complaint by the TUC, which may affect the food sector.
Arendt & Medernach has launched The Arendter magazine. Topics covered in this first issue include tax, regulatory, international, art, training and innovation.
It is hardly surprising that in today’s economic climate some tenants are struggling to meet their rental payments.
Addleshaw Goddard reports on a Commercial Court judgment in relation to two preliminary issues arising in the context of AstraZeneca Insurance Co’s claim against its excess reinsurers.
The harmonisation of member states’ damages laws relating to EU competition law have long been on the European Commission’s agenda.
The Confidential Relationships (Preservation) Law: the Cayman Islands’ Confidentiality Legislation download
Much has been made in recent times of the need for transparency in offshore financial centres.
In the recent case of BS v Dundee City Council, clarification has been given on the correct test employers should apply to long-term health dismissals.
In the Mitchell case, the Court of Appeal made clear that the Jackson regime for civil litigation had ushered in a whole new culture of conducting litigation.
The thorny issue of the drafting of conditions went before the High Court in R (oao) Teresa Sienkiewicz v South Somerset District Council and Probiotics International Ltd.
The European Banking Authority has approved the draft regulatory technical standard on the definition of material risk takers.
DLA Piper has released the latest version (Volume 3, No. 1) of The Financial Report.
DLA Piper has released the latest issue of The Financial Report, which includes discussion and analysis, Securities and Exchange Commission developments and more.
New research suggests that athletes using steroids for only a short period could gain an unfair advantage over ‘clean’ competitors for up to 10 years.
Making a claim for adverse possession is a method by which an ‘unlawful’ occupier can acquire legal title to the land, by ‘displacing’ the paper owner.
Shoosmiths has announced that chief executive Claire Rowe and partner Emma Gibson have been recognised in The Lawyer’s Hot 100 2014.
Twelve months is a long time. It is probably overstating it to say that the profession has seen unprecedented change, but it has been both dramatic and volatile.
The judgment in this case gives a thorough and helpful review of the authorities and issues in play when a solicitor seeks to rely on a section 61 TA defence to a claim for breach of trust.
Get an accurate overview of the Luxembourg double tax treaties network with this list updated in real time if any relevant changes occur.
The Luxembourg private foundation download
The bill of law number 6595 submitted to parliament on 22 July 2013 intends to introduce in Luxembourg the private foundation, which has been in development for two years.
On 9 December 2013, the European Commission published its report on the monitoring of patent settlements from January to December 2012.
On 15 January 2014, the new established Italian Transport Authority (ITA) — Autorità di Regolazione dei Trasporti — became operative.
In the midst of its rapid economic development, the People’s Republic of China (PRC) has finally determined to change its domestic currency market.
A court was recently asked to consider the enforceability and extent of two restrictive covenants preventing specific activities in respect of development.
Another case has challenged ‘well-established principles’ regarding companions, this time in the context of constructive dismissal.
This client update focuses on the examination priorities that are most relevant to investment advisers to private equity and hedge funds.
The creation of security over intangible movables under Jersey law is now governed by the Security Interests (Jersey) Law 2012.
The investment landscape in Africa has changed dramatically in the last two decades. Not only have the demographics of the continent altered, but so has its constitution.
Thirty years after China began a process of economic reform with the introduction of special economic zones, it is now launching a ground-breaking economic experiment.
Pensions issues are going to change, and while the new regime will simplify matters for outsourcing providers, that simplification may come at a cost.
New measures intended to be implemented by the FCA will have a significant impact on companies with controlling shareholders who are premium listed.
It took a while for activity to pick up on AIM last year, but there is no doubt that there has been an uptick in activity in recent months.
The old saw about the best-laid plans of mice and men also goes for international tax planning and transactions with significant tax consequences.
The Volcker Rule — a suggested approach for banking entities when analysing its impact on business models, activities and transactions download
This alert provides an overview of the principal elements of the Volcker Rule and identifies concerns that have already been raised by industry participants.
This update presents an in-depth analysis of the covered funds aspects of the final regulations and their implications for affected institutions.
This update presents a more in-depth analysis of the proprietary trading aspects of the Final Rule and their implications for affected institutions.
In this ThinkHouse podcast from Wragge & Co, parter Sally Mewies talks to Michael Luckman about the pros and cons of cloud services.
Hugo Keith QC and Sarah Le Fevre appeared for the Metropolitan Police Service. Matthew Butt appeared for Z51 the Tactical Firearms Commander.
Tim Jones of No5 Chambers was the examiner for the Cringleford neighbourhood development plan and recommended that the plan should proceed to referendum.
DLA Piper has hired Tim Tan as a partner in the corporate group of the Bangkok office. Tan joins from O’Melveney & Myers.
The results are in — 2013 was another tough year for the Australian M&A market overall. However, we saw increased M&A activity in the second half of the year.
This year promises to be another in which corporate purchasing departments work hard to keep costs down while vendors try to increase their margins.
The European Commission has adopted a proposal for a directive on the protection of trade secrets.
An updated version of the frequently asked questions relating to the Luxembourg Law of 12 July 2013 on alternative investment fund managers has been issued.
On 10 January 2014, the amendments to the TUPE regulations were laid before parliament. The amendments may well provide new areas for debate.
The Department for Business, Innovation & Skills has published the Seventh Statement of New Regulations (covering the period January to June 2014).
It has been a long time coming, but the new TUPE regulations are now finalised and set to take effect from 31 January 2014.
Twitter still to grasp the nettle download
Twitter’s abject failure to deal with the recent abuse levelled at Stan Collymore, an ex-Premiership footballer, suggests that its assessment might have been ill judged.
Twitter victims strike back download
Two Twitter trolls who sent abusive tweets to Caroline Criado-Perez have been sentenced to 12- and eight-week custodial sentences at Westminster Magistrates’ Court.
In August 2010, the claimant in Rooney v Dundee City Council was involved in an incident where she had disregarded an express instruction from a senior employee.
UCITS V Proposal Directive download
On 3 July 2012 the European Commission published a ‘Proposal for a Directive of the European Parliament and of the Council amending the UCITS IV Directive’.
UK amnesty for UK taxpayers download
The UK government has announced an amnesty for UK taxpayers, giving them an opportunity to check that their affairs are up to date and make a disclosure of any potential unpaid tax liabilities.
Michael Conroy Harris, construction expert at Eversheds, has commented on the latest indicators on the health of the UK construction industry.
Eversheds construction expert Michael Conroy has commented on projections for UK construction jobs over the coming years.
The government will double the amount of tax that local councils in England can retain which is raised from shale gas sites.
It is common for leases to include a covenant preventing the tenant from underletting the whole of the premises without the landlord’s prior consent.
Un-safe Harbor: is Safe Harbor an adequate means of protecting EU personal data transferred to the US? download
Since its introduction, many in the EU have been sceptical about the security offered by Safe Harbor
This article sets out how you can ensure your company avoids falling foul of the competition rules on exchanging information in its dealings with competitors and other market players.
US Bankruptcy Court defines the limits of shareholder safe harbour in failed leveraged buyouts download
A recent opinion may have implications for shareholders who receive payments in connection with a leveraged buyout when the underlying company then files for bankruptcy.
President Barack Obama has signed into law the Bipartisan Budget Act of 2013.
On 20 January 2014, the US Treasury and state departments took steps to implement temporary and limited changes to US sanctions policy for Iran.
DLA Piper’s head of global equity, Dean Fealk, has been appointed to the Northern California DEC.
Aereo utilises warehouses full of tiny antennas to capture over-the-air television and then retransmits it over the internet to its subscribers’ digital devices.
Senate finance committee chairman Max Baucus has issued a sweeping energy tax reform proposal.
US federal regulators have voted to approve the final Volcker Rule, which imposes restrictions on banking entities’ ability to engage in proprietary trading.
The CJEU has given its first decision on whether the scraping of data from websites infringes the database rights in the target websites.
VAT planning lives on: restructuring of contracts to avoid VAT held not to be abusive in DPAS Ltd v HMRC download
In DPAS Ltd v HMRC, the FTT held that DPAS’s supply of payment services to patients directly could not be a taxable supply of debt collection services.
VAT: stuck in a bunker download
HMRC’s attempt to defend its doomed interpretation of the EU VAT rules for non-profit sporting bodies has reached a point where even it must think that further resistance is futile.
The CJEU has ruled in the case of Bridport and West Dorset Golf Club (C-495/12) that green fees paid by non-members are VAT exempt.
Tim Tolhurst, chief purchasing officer of DSM, discusses seven key strategies that he uses to compel business value within his procurement organisation.
Tim Tolhurst discusses how DSM’s procurement organisation has driven success by enhancing the awareness and capabilities of supplier relationships.
Fredrick Spalcke, chief procurement officer of Philips, discusses how procurement organisations can leverage internal expertise for supplier analysis.
The final instalment of Taylor Wessing’s All-Consuming Legal Insights series focuses on advertising and features Nick Cody and Kristy Hibberd.
This week’s All Consuming Legal Insights video from Taylor Wessing focuses on data protection.
This week’s All Consuming Legal Insights video from Taylor Wessing focuses on 3D printing.
A bid by Virgin Atlantic Airways to overturn a High Court ruling secured by Wragge & Co, on behalf of Zodiac Seats UK, has failed at the Court of Appeal.
Employees from law firm Walker Morris have raised £1,989.49 through charity fundraising efforts for the NSPCC.
Walker Morris has announced that its corporate department has reveived accolades in two separate research reports.
In the UK, the government has now confirmed the framework for shared parental leave, which comes into force in April 2015.
The new procurement directives were approved by the European Parliament on 15 January. They will now be published in the Official Journal of the EU.
What are the obligations of a global custodian service provider in giving investment advice to its clients? download
In Första AP-Fonden v Bank of New York Mellon SA/NV and Others, the Commercial Court considered the advisory obligations of a global custodian service provider.
Structured trade and commodity finance is central to international trade and is progressively becoming an important source of finance for Chinese companies.
Foreign companies operating in certain complex or sensitive industries in China need to do more than instil an anti-corruption policy.
As we start yet another year of change to employment law, Shoosmiths looks at the 10 most important developments in the pipeline.
The UK Competition Appeal Tribunal has released its ruling on the applications by Eurotunnel and SCOP for review of a Competition Commission report.
On 23 October 2013, the Court of Appeal handed down judgment in the case of PGF II SA v OMFS CO 1 Ltd , ruling that the time had come to extend these well-established guidelines.
White paper — connected health download
This white paper from Wragge & Co summarises definitions pertaining to the European Connected Health Alliance.
E-discovery is a critical process that occurs early in civil litigation matters and involves the exchange of information between parties involved in a legal action.
Wierzbowski Eversheds announces new senior associates and litigation team hire.
Wierzbowski Eversheds is to be a topic partner for a debate entitled ‘Class Actions: Law and Practice’, which will be held on 16 January 2014 in Warsaw.
Wildgen has annouced that it has hired junior associate Martin Scholter, who specialises in banking and finance law and capital markets.
Wildgen partner Michel Bulach will be taking part in the Philanthropic Advisor Event organised by the Fondation de Luxembourg on 21 January 2014.
The Public Sector Procurement Directive will make it easier for charities, social enterprises and public sector mutuals to deliver public services, according to Winckworth Sherwood.
All law firms are now taking diversity seriously, but the gender imbalance just won’t go away. Pinsent Masons and Herbert Smith Freehills are the latest firms to target greater female representation at senior levels. But are women simply voting with their feet?
Withers has announced that Suzanne Todd, a partner in family law team, has been named in The Lawyer’s ‘Hot 100’ report this year.
The landmark decision of the EAT in the Woolworths case is due to be heard by the Court of Appeal at the end of January.
The Court of Appeal has decided to make a reference to the ECJ in the controversial Woolworths/Ethel Austin collective redundancy litigation.
The passenger of a hot air balloon that is losing altitude is advised to throw out as much luggage as possible. This appears to have been the thought of HMRC in the litigation against Skyview Ballooning.
Wragge & Co’s public companies team has completed the reverse takeover of AIM-quoted cloud service provider Nasstar.
Wragge & Co has been named in lesbian, gay and bisexual (LGB) charity Stonewall’s Workplace Equality List, which ranks the best employers for LGB equality.
Wragge & Co has given 90 students a taster of the legal profession by inviting them to a one-day career event.
Wragge & Co’s real-estate team has advised a consortium of developers on a major land purchase earmarked for the development of a new market town.
Some people start the New Year with a new haircut. The Co-op Group has opted for an altogether more radical look by completely overhauling the shape of its legal team
Running a panel review can be time-consuming and costly. Which may explain why, after mulling over the idea for some time, public services provider Amey has decided not to bother. Instead it’s plumped for an informal referral system
Happy New Year! For many yesterday marked the first day back at work after the holidays, but already there is plenty of news spinning out of Asia.
We’ve said it before, and we’ll do so again - this season’s must-have is a private equity partner. The comments piled in following the news that Hogan Lovells had taken on King & Wood Mallesons SJ Berwin (KWMSJB) PE partner Ed Harris in October, triggering speculation that Harris would take a team along with him.
It is almost a year to the day since Cobbetts called in administrators KPMG to put it on the path to administration. It had been a long time coming.
London’s mayor is all bluster but produces little action for fellow cyclists, says the lawyer in the capital who several weeks ago forced prosecutors to drop a fixed-penalty fine in a landmark decision.
The popularity of alternative business structures continues to rise, with two more top-50 firms gaining licences just before Christmas. Now Buckinghamshire County Council and fire service are joining the ABS rush. Expect plenty more in the coming year.
What constitutes Greek yoghurt in the eyes of the law? A year after Mr Justice Briggs smoothed out a major IP battle between two major yoghurt manufacturers, the case was back in the London courts for a second outing.
It’s early days, but so far 2014 looks to be a promising year for London’s planning and real estate lawyers. Just look at Queens Park Rangers’ latest move– trying to score a new 40,000-seat stadium to replace its current 18,000-capacity Loftus Road ground.
Freshfields Bruckhaus Deringer, Allen & Overy (A&O) and Clifford Chance are among the firms advising on Liberty Global’s £5.7bn acquisition of Dutch cable operator Ziggo.
Allen & Overy (A&O) has hired a partner from French employment boutique Flichy Grangé Avocats to head up its Paris employment and benefits team.
After being raided by US firm Milbank Tweed Hadley & McCloy for former Asia Pacific capital markets head James Grandolfo, Allen & Overy (A&O) has sent London bigwig
Magic circle firm Allen & Overy has the best brand recognition in the English legal profession, according to survey results published today.
Allen & Overy’s (A&O) London-based capital markets partner Jim Wickenden has moved to Hong Kong to steer the firm’s US securities practice.
Addleshaw Goddard’s latest LLP accounts revealed a £4m increase in its bank borrowing and a 10.5 per cent rise in the value of its debtors from £76m to £83m.
Addleshaw Goddard has secured the mandate on one of the biggest cases to be heard in the Commercial Court in 2014, acting in a $1bn conspiracy dispute that involves claimant representation from four top silks.
The former general counsel of Air Arabia has joined Bird & Bird’s Middle East arm as a partner, the first time the firm has hired someone to focus exclusively on aviation in the region.
Channel 4’s investigative journalism is the most challenging area for the broadcaster’s legal team.
Public services provider Amey has decided against setting up a formal panel of legal advisers in favour of an informal referral system with a set of ten preferred firms, following its merger with Enterprise in 2013.
Is the profession doing enough to encourage true diversity, asks Pinsent Masons partner David Isaac
Big media groups have been keeping their lawyers busy over the last couple of years – not just in the courts, but buying and selling bits and bobs of their enterprises
TV designer and presenter Kevin McCloud MBE’s company, HAB Housing, has added TLT and Ashfords to its panel alongside Burges Salmon.
Ashurst and Hogan Lovells have taken lead roles on Barclays’ innovative collaboration with alternative provider BlueBay Asset Management’s Direct Lending Fund.
All the latest partner hires and other appointments within firms and offices in the Asia Pacific region.
All the latest partner hires and other appointments within firms and offices in the Asia Pacific region.
Three days into the Chinese New Year and legacy SJ Berwin has given legal anoraks a firecracker: its financial results, pre-merging with Asia-Pacific giant King & Wood Mallesons. We said it was a scorcher.
The Solicitors Regulation Authority (SRA) has granted Athens-based Exarchou and Rosenberg International an ABS licence with effect from 1 March.
French firm August & Debouzy has boosted its private equity practice with the hire of partner David Malamed from Weil Gotshal & Manges.
Baker & McKenzie has been bumped as McLaren Group’s global legal adviser after the conglomerate formed a new relationship with Norton Rose Fulbright.
Baker & McKenzie has seen two of its Hong Kong partners leaving to join US rivals Dechert and Troutman Sanders respectively.
Baker & McKenzie is looking for a location to launch another low-cost legal centre following the success of its Manila back office.
Construction giant Balfour Beatty has handled in-house all the legal work connected to the company’s £154m mandate to transform the London 2012 Olympic stadium for its future use as West Ham Football Club’s home ground.
So Citibank has finally decided on its external advisers, several months after the panel process began. Read our stories on the other bank panels over the last year, including RBS and Barclays. Put it this way: the banks aren’t being particularly radical.
It could be a tailor-made term to make them sound a little shady, but perhaps now it’s time for the so-called ‘shadow banks’ to step out of the background and into the mainstream.
Last November we pointed out that Lloyds Banking Group (LBG) had seen more bombshells than an EastEnders Christmas special
Lloyds Banking Group’s (LBG) head of legal for channels and intermediaries within the retail & wealth division is leaving for Barclays.
Barclays’ vice president for wealth and investment management has returned to his former outfit Tods Murray after two years in-house.
Southport-based Barnetts Solicitors has sold the business off to four separate buyers having appointed administrators on Tuesday (21 January).
Barristers are staging a mass walkout today in protest against the cuts to legal aid implemented this year.
Betfair legal director Justin Hubble has left the gambling company just months after company secretary Martin Cruddace resigned.
Ah January, the time to take a punt at something new. As in-house lawyers across the globe write their 2014 tick-list, nowhere does it seem more fitting to flip the proverbial gambling chip than at online betting site Betfair.
Bird & Bird’s net debt rose last year by 20 per cent to €27.1m (£22.4m), the firm’s LLP accounts have shown.
The latest crop of LLP accounts show drops in profitability and increases in bank borrowings for many of the UK 200 firms.
If you were to take a straw poll of UK legal market specialists and quiz them on which firm had the toughest time in 2012/13, it’s a safe bet many would say Berwin Leighton Paisner (BLP).
For Berwin Leighton Paisner (BLP) managing partner Neville Eisenberg one of the most frustrating things is not the extraordinary 40 per cent slump in PEP in 2012/13 or the 20-odd partner departures over 18 months, but undercutting by major City firms on pitches.
Bond Dickinson has hired Walker Morris’s IP head Patrick Cantrill in a boost for its IP and media team.
The season of LLP accounts is still with us. As these stories show, private practice law firms are recording variable results. You can also search on our financial management page to find out more
Simpson Marwick and Kennedys entered merger talks early in the year. But it was a rocky road. First the completion date was postponed, and now both firms have announced the deal is off.
Brick Court Chambers has added a high-profile South African barrister involved in writing South Africa’s constitution in 1996.
Bryan Cave has promoted nine lawyers to the partnership, with litigator Robert Dougans becoming the only London-based lawyer to join the partnership.
Buckinghamshire County Council and the Buckinghamshire and Milton Keynes Fire Authority have announced plans to form an ABS, becoming the latest public sector in-house teams to announce such a collaboration.
Burges Salmon associate Matthew Sims has led the £31m sale of Honda’s biggest storage depot in Avonmouth to BlackRock UK Property Fund and Canmoor.
Burges Salmon has witnessed the departure of legal director Suzanne Tarplee, who has jumped ship from its rail group to Stephenson Harwood.
Burges Salmon has reported a £5m increase in net funds for the 2012/13 financial year, with profit and turnover both rising despite the cost of new London offices.
Brecher managing partner Nicky Richmond completes an interrupted lunch at St James’s Café Murano
The Ministry of Justice (MoJ) fined Capita £46,139 for fatal flaws in its court interpreter service between May 2012 and November 2013.
Investment management company CBRE Global Investors has promoted its deputy EMEA general counsel Anja Ijlstra to the position of general counsel for the EMEA region.
Slaughter and May has seen 10 partners retire over the last 12 months. Reporter Natalie Stanton asks what that means for career progression at the firm.
Channel 4 has overhauled its legal team with a number of new roles, promoting its head of legal and compliance Prash Naik to the new position of general counsel.
Those on a January diet, here’s a comforting thought – big businesses are also going through the arduous process of trimming down.
Osborne Clarke has been dropped from the Citibank panel following a restructure that saw its roster reduced from 21 to 19.
Cleary Gottlieb Steen & Hamilton and Sidley Austin have taken the lead roles in Japanese drinks maker Suntory’s $16bn (£9.7bn) acquisition of US spirits group Beam, the maker of Jim Beam.
Clifford Chance has been criticised for producing “voluminous and interminable” correspondence which was “in some circumstances highly aggressive and in others unacceptable” in the failed $1.6bn oil case for client Excalibur.
Clifford Chance has entered into an association with Indonesian firm Linda Widyati & Partners (LWP) in a further bid to cement its presence in the Asia Pacific.
Clifford Chance has established a partnership in Saudi Arabia by transferring longstanding co-operation firm Al-Jadaan’s two partner transactional practice into the firm.
Clifford Chance looks like it might just be the most popular kid in the playground right now. First it breaks new ground in Saudi, then today it announces an association with an Indonesian boutique.
Clifford Chance is facing a £130m negligence claim after being joined to a suit brought by JP Morgan against German transport provider BVG.
Clyde & Co has bulked up its construction disputes team with the addition of longstanding RPC partner Richard Moody in London.
Clyde & Co has appointed Hong Kong-based aviation finance partner Paul Jebely to head the practice globally.
Clyde & Co’s LLP members more than halved their capital contributions to the firm last year, from £18m to £6.7m, according to accounts filed today with Companies House.
CMS Cameron McKenna construction disputes head Rupert Choat is moving back to Atkin Chambers full time on 1 March 2014.
CMS Cameron McKenna ramped up loans to its Russian joint venture by £3.5m last year after its share of losses in the Moscow office doubled in 2013.
The Court of Appeal (CoA) has thrown out a claim challenging the legality of British involvement in US drone strikes because any judgment would be a condemnation of US foreign policy.
The mania for mergers is not dying down, either at home or abroad. Such is the flood of them, it can be difficult to keep up. Refresh your memory by checking out our special Merger Watch section of the site
The legal enforceability of contracts in Europe
Michelmores partner Andrew Oldland QC discusses the great LIBOR plea dilemma facing the SFO
The Co-operative Group has finalised the process of dividing its legal function in the wake of losing control of its banking arm to investors in October.
Cyber security is top of the anxiety list for many general counsel. How can you proactively manage that risk? It’s an issue The Lawyer has focused hard on over the last few months. Find out the latest thinking below
Those vagabond shoes at DAC Beachcroft are determined to grow. The firm wants to be a part of it, and the location at the heart of it is - of course - New York, New York
DAC Beachcroft (DACB) has made its first move into the US through the launch of a representative office in New York.
Herbert Smith Freehills (HSF) has brought the number of real estate partners in its Madrid office to three with the addition of Javier Ortega de la Peña from DAC Beachcroft (DACB).
DAC Beachcroft appointed professional negligence partner Ian McConkey as Manchester head from the 1 January following an uncontested election for the position.
A one and a half day Supreme Court hearing is scheduled to begin on 24 March to decide whether LLP members should be protected by whistleblowing legislation.
The latest set of LLP accounts filed with Companies House show another batch of firms making changes to their borrowings to finance continued investment.
The Defamation Act came into force at the beginning of the year. Here Hardeep Singh asks two individuals who defended claims under the previous regime if anything has changed and what they might do differently.
Dentons has advised French energy giant Total on becoming the first oil company to invest in Britain’s nascent shale sector.
Dentons partners have unanimously elected partner Evan Lazar as chair of the firm’s European board.
Dentons’ UKMEA arm took out £5.4m in new loans in 2013, hiking its borrowings by £3m in a year.
Supreme Court hears: DPP policy on assisted suicide isolates patients and has “chilling effect” on doctors
DLA Piper has signed agreements with three African firms, expanding its Africa group network into Algeria, Burundi and Namibia.
DLA Piper has cut 69 staff from its document production team as part of an on-going review of the business.
DLA Piper has added Hong Kong partner Mark Fairbairn and Singapore of counsel Ashley Bell to its restructuring group, both joining from O’Melveny & Myers.
Since he joined DLA Piper in October 2011, Tony Angel has been a central figure in reshaping the practice. Here, we take a look back at his time at the firm.
DLA Piper is set for a leadership shake-up as co-CEO Nigel Knowles is to replace Tony Angel as global co-chairman and London IP partner Simon Levine is appointed as the firm’s next joint CEO.
Duane Morris is launching in Shanghai via its Asian joint law venture, Duane Morris & Selvam.
Dundas & Wilson and CMS Cameron McKenna partners have agreed a two-year partner lock-in period as a condition of their proposed £277m merger this year, The Lawyer understands.
Dundas & Wilson has seen another six partners exit the firm ahead of its proposed merger with CMS Cameron McKenna, including former CMS real estate disputes founder Andrew Walker.
DWF and Weightmans are the first two firms to confirm that they are reviewing the way they define fixed-share partners as a result of HM Revenue & Customs’ (HMRC) proposed changes to the partnership tax regime.
DWF is forcing the pace on greater billing discipline across the firm with an aim to reduce lock-up by between five and 10 days on average each month.
DWF is moving to London’s famous Walkie Talkie building after agreeing to take around 40,000 sq ft at 20 Fenchurch Street.
Edwards Wildman Palmer has launched a review into its associate pay system as it looks to assess how associate salaries compare with its rivals in the UK.
Swiss employment boutique Schmid Heinzen Humbert Lerch (SHHL) has become the sixteenth firm to join international labour law network L&E Global.
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’ latest LLP accounts reveal that the firm spent £8.5m on restructuring and new lease provisions following its strategic review in January 2013.
Eversheds has added five firms to the Eversheds African Law Institute (EALI), the forum it set up last year to promote networking among African firms.
Eversheds’ Leeds-based head of health and life sciences Bill Gilliam has left the firm for Addleshaw Goddard.
The Solicitors’ Disciplinary Tribunal (SDT) could fine former Addleshaw Goddard partner Mark Gilbert £20,000 following alleged discrepancies in his expenses, his counsel proposed earlier this week.
Herbert Smith Freehills (HSF) has launched a pilot scheme to explore how its Belfast office could support the firm’s Australian disputes practice.
Shell legal director Peter Rees QC has left the oil giant, just three years after joining the company.
Chinese firm Fangda has added corporate capability in Hong Kong with the hire of partner Andrew Lui from US firm Edwards Wildman Palmer.
The FBI has turned to investment management firm Bridgewater Associates for general counsel hire James Baker.
When the FBI gave Bridgewater Associates’ associate GC James Baker its top legal job earlier this month, we wonder if Baker punched the air and mimicked 1991 action film Point Break by over-enunciating the line, “I am an FBI agent”.
The final attempt to block government plans for the construction of the proposed £50bn High Speed 2 (HS2) railway through the courts has been thrown out at the Supreme Court.
The slow-burn impact of HMRC’s looming changes to partnership tax are starting to be felt. Not yet in anyone’s pocket – you’ll have to wait until 6 April for that – but in the growing number of firms that have launched consultations with their salaried members.
Former Dewey & LeBoeuf chairman Steve Davis has won a new job, as chief legal adviser to the United Arab Emirate Ras al Khaimah.
Former Dundas & Wilson chairman David Hardie has stepped down from the firm weeks after it unveiled a planned merger with CMS Cameron McKenna.
Gowlings former head of energy and infrastructure David Shasha has joined Watson, Farley & Williams as a senior consultant to its London office.
The January cold snap might not have hit home quite yet but radiators are certainly cranked up to the max and the energy market is following suit.
ZyLAB, leading provider of eDiscovery and Information Risk Management solutions, today publishes a new whitepaper on fraud prevention and detection.
A new corporate boutique has been created through the merger of teams from two existing small Paris firms, led by six partners with experience of international practices including Clifford Chance.
Freshfields has advised the Guardian Media Group in its £600m sale of a 50.1 per cent stake in Trader Media Group (TMG) to Apax Partners.
Freshfields Bruckhaus Deringer has turned to French corporate heavyweight Bredin Prat to strengthen its Paris M&A team, hiring partner Olivier Rogivue.
Freshfields Bruckhaus Deringer’s highest-paid partner took home £2.5m last year, down 14 per cent from 2011/12, the firm’s LLP accounts have shown.
Fried Frank Harris Shriver & Jacobson is to be left with no permanent partner presence in Paris, as office founding partner Eric Cafritz moves to London.
The Excalibur case has prompted questions about third party funding. Nick Rowles-Davies argues that case funding is here to stay.
Law firms named for allegedly not obtaining indemnity insurance have attacked the profession’s regulator – with some understood to be considering legal action – claiming the process was unfair and slapdash.
German multi-disciplinary firm Rödl & Partner has strengthened its presence in Italy with the hire of the Milan office of local M&A firm BLF Studio Legale.
Taking on a lateral hire is a risk, but we all have to take risks now and again.
French firm Gide Loyrette Nouel has added a pair of restructuring partners from Dentons to its Paris restructuring practice, in a continuation of a several months-long hiring spree.
Former attorney general Peter Goldsmith QC has been named co-managing partner of Debevoise & Plimpton’s London office.
The temperature has fallen, the tracksuits pressed and the countdown has started. That’s right, the race to replace Clifford Chance’s outgoing corporate chief has begun (what else?).
Clifford Chance corporate partner Guy Norman is set to enter the race to lead the Clifford Chance corporate group following the promotion of incumbent Matthew Layton.
Maitland Chambers’ silk Tom Leech QC has quit the bar to join Herbert Smith Freehills’ advocacy unit.
Cost-cutting continues to be a prominent theme across the profession, with many firms looking to reduce debt by trimming overheads.
When litigation values rocket but the number of fresh instructions fall, how does a firm get in on the action?
North East Solicitors Hewitts today announces expansion plans and a move to new premises with funding from Barclays.
A former Stewarts Law partner, who was struck off after a private prosecution, has had his case sent back to the Solicitors Disciplinary Tribunal (SDT) by the High Court.
HowardKennedyFsi (HKFsi) has turned to property search specialists Strutt & Parker for the hire of its first chief operating officer (COO).
Allen & Overy (A&O) has lost longstanding corporate partner Don McGown, who pushed forward the magic circle firm’s music programme, to Hogan Lovells.
Hogan Lovells has hired Freshfields Bruckhaus Deringer’s former Asia IP/IT and TMT head Mark Parsons as a partner in Hong Kong.
Hogan Lovells’ revenue outside the US dropped from £590.6m to £581.4m over the course of the 2012/13 financial year, according to the firm’s international LLP accounts.
Hogan Lovells has opened the doors to its São Paulo office with the hire of Clifford Chance’s international capital markets chief Isabel Costa Carvalho.
Hogan Lovells has made up 29 new partners across its global offices, with the greatest number in any single office in London.
The Hong Kong Securities & Futures Commission (HKSFC) has appointed Cleary Gottlieb Steen & Hamilton partner Megan Tang as director in its corporate finance division.
Today’s focus on the 2014 Hot 100 highlights lawyers in sectors where individual brilliance really counts: family, the bar, IP/commercial, and management. And let’s not forget the campaigners – the lawyers working in the beleaguered legal aid sector.
Brecher managing partner Nicky Richmond visits the House of Ho. In Soho. Ho ho ho. Even the taxi driver laughed.
The co-head of Herbert Smith Freehills’ (HSF) advocacy unit Murray Rosen QC has retired from the firm to return to the bar, The Lawyer can reveal.
Herbert Smith Freehills’ (HSF) bank overdraft rose from £26m to £62.7m last year as total bank borrowings grew by more than £30m, the firm’s latest LLP accounts have revealed.
India’s new anti-corruption bill could be an effective deterrent in a country where bribery is currently rife
If you’re fortunate enough to be considering a holiday in the new year, how about checking out this week’s in-house interview with Tui Travel group legal director, Mike Bowers. The high-flying lawyer, a one time Thomsons holiday rep, reveals all about getting the best value from his roster of legal advisers.
The general counsel The Lawyer talks to each week always wax lyrical about the improved work-life balance that can be found in-house. So it’s perhaps no surprise that those who move in-house often stay there, while big companies find it easy to recruit lawyers from the top private practice firms to fill positions
Lawyers from across the spectrum are today recognised by The Lawyer for their innovative and inspirational work as we unveil this year’s Hot 100.
The legal chief of British engineer Invensys is to leave the business in April following the company’s £3.4bn takeover by Schneider Electric.
Investment firm Barings Asset Management has lost its first global general counsel Sandie Okoro to HSBC Asset Management.
Google appears to have removed Irwin Mitchells’ domain names from its organic search listings as a penalty for hyperlinking to its sites via numerous blog and forum posts.
Deep breath: What do Mayer Brown, Dentons, Debevoise & Plimpton, Fried Frank, Hogan Lovells, Covington & Burling, Reed Smith, Weil Gotshal, Latham & Watkins, Ropes & Gray, Dechert and Squire Sanders have in common?
Japanese ’big four’ firm Mori Hamada & Matsumoto is in the process of opening an office in Yangon, the largest city of Myanmar.
A recent uptick in Japanese outbound M&A transactions has fuelled appetite for foreign expansion for the country’s major firms. One of Japan’s ‘big four’ firms, Mori Hamada & Matsumoto, is the latest to make its move into Myanmar with a planned office opening in the spring.
Kate Beioley talks Mandela, democracy and the rule of law with Brick Court Chambers’ latest recruit, Jeremy Gauntlett.
K&L Gates has hired two partners and four associates from two Japanese firms in Tokyo.
Brecher managing partner Nicky Richmond is underwhelmed by Chinese restaurant Kai.
Kain Knight, one of the UK’s largest professional firms of costs lawyers, has formed a strategic alliance with VFS Legal to help law firms better manage cash flow by raising finance against their drafted bills.
Over the last few years the balance of power between in-house and private practice has shifted and the need for outside advice has changed substantially. The news this week that Balfour Beatty has done the legal work on the £154m transformation of the Olympic stadium itself merely confirms that the change is for good.
Allianz Insurance has appointed DAC Beachcroft, Berrymans Lace Mawer (BLM), DWF and Keoghs to its claims legal panel for England and Wales.
Bolton-headquartered insurance firm Keoghs has put 41 staff at risk of redundancy following a restructuring of its counter-fraud team.
Kirkland & Ellis (K&E), Cadwalader Wickersham & Taft, Simpson Thacher & Bartlett, and Allen & Overy (A&O) are part of a 10-strong legal team that has advised on the restructuring of German auto-repair company ATU.
When is Greek yoghurt Greek yoghurt? Should a Kit Kat be trademark protected? It was all up for debate in the courts in January.
KPMG has applied to extend the administration period for collapsed Manchester firm Cobbetts by six months, a report by KPMG reveals.
King & Wood Mallesons (KWM) has named former SJ Berwin litigation head, Craig Pollack, as its global coordinator for dispute resolution.
Legacy Mallesons Stephen Jacques’ sole London partner Robert Hanley has left King & Wood Mallesons SJ Berwin’s (KWMSJB) London office, two months after the two firms formally merged.
King & Wood Mallesons SJ Berwin (KWMSJB) has swiped Berwin Leighton Paisner (BLP) senior associate Tom Calnan to launch its real estate practice in the Middle East.
French boutique Lacourte Raquin Tatar has bolstered its team with two new partners, including the Royal Bank of Scotland’s (RBS) head of legal for France.
Take-up by legal firms in Central London has jumped to 621, 800 sq ft for the first three quarters of 2013, compared to less than half that amount at the end of the third quarter in 2012, just 239,200 sq ft. The dramatic rise was supported by four leasing deals of over 50,000 sq ft, according toLaw in London, a report on the 100 largest law firms in London by CBRE, the global property advisor.
Ten law firms have made it into the top 100 of this year’s LGBT charity Stonewall’s audit of the most gay-friendly employers.
On Thursday The Lawyer’s student publication Lawyer 2B is holding an unmissable event at the University of Law in London, targeted at non-law students who are considering the conversion course. You can sign up at http://www.l2blawfornonlaw.co.uk – and read around the topic in the meantime.
The Law Society’s top spin doctor is bailing out in a sudden departure that reignites speculation over the organisation’s communications and relationship with practising solicitors.
Lee & Thompson associate James Walker is in the running for a BAFTA award for his role in short animation film Sleeping with the Fishes.
Lawrence Graham (LG) has lost its competition and regulation chief Rosemary Choueka to Bristows months before the firm is due to merge with Wragge & Co.
DWF has raided Lawrence Graham for employment partner Helga Breen to lead the London employment team.
Linklaters is combining its regulatory, risk, governance and compliance capabilities to create a new ‘operational intelligence group’.
Linklaters has won a mandate from HM Treasury to advise on its first-ever Sukuk issue.
HKFsi partner Daniel McClean examines the legal hurdles facing those trying to recover stolen Nazi art through the German courts
Luxembourg firm Kleyr Grasso Associés has made a lateral partner hire from Linklaters, appointing Jean-Paul Spang as its ninth partner.
Queens Park Rangers (QPR) has turned to Macfarlanes and Lawrence Graham (LG) to advise the football club on its plans to develop a new 40,000-seat stadium in Old Oak.
Scottish firm Maclay Murray & Spens has elected corporate head Kenneth Shand as its next chief executive, following the decision of Chris Smylie to stand down at the end of his three-year term.
Every week online The Lawyer runs an interview with a managing partner. The interviews now regularly make our top ten most-read stories. Find out all about the men and women in key leadership roles in private practice
Mayer Brown is advising on the $1.2bn restructuring and $133m sale of ATP Oil & Gas UK to Alpha Petroleum, the UK subsidiary of private equity house Petroleum Equity.
Lewis Silkin’s client House of Fraser (HoF) has lost a High Court battle against Jack Wills for infringing its company logo of a pheasant in a top hat and cane.
Prolexic Technologies, the global leader in Distributed Denial of Service (DDoS) protection services, today reported that mobile applications are being used in DDoS attacks against enterprise customers. This is one of many key findings found in the company’s Q4 2013 Global DDoS Attack Report, which was published today and can be downloaded from www.prolexic.com/attackreports.
Offshore firm Mourant Ozannes has hired Farrer & Co’s former senior partner Jim Edmondson as head of its international trusts and private client practice.
Nabarro has added a Hogan Lovells senior associate and former GDF Suez energy counsel, Adrian Wong, as a partner in its Singapore office as it continues expanding in the region.
The highest-paid partner at Nabarro took home £635,000 in 2012-13 according to accounts filed with Companies House, a rise of 31 per cent from £486,000 the previous year.
Acquisitive personal injury firm Neil Hudgell Solicitors has bought the personal injury (PI) and clinical negligence practices of two regional firms in separate deals valued at £1m.
Common sense prevails in major patent case
It is the official sponsor of the Hong Kong Sevens, a sponsor of the premiership rugby team, Harlequins, and now Norton Rose Fulbright has marched into Formula One after securing a global deal to advise McLaren Mercedes Formula 1 team
Nationwide Building Society has cut its panel to four after dropping Olswang, Nabarro and Burges Salmon from its roster.
Osborne Clarke has undergone a reshuffle of its sector and practice management, appointing corporate partner Conrad Davies as real estate and infrastructure head.
Despite spinning out as part of Pannone’s tie-up with Australian-listed Slater & Gordon, Pannone Corporate will work with the legacy firm’s real estate team while its own recruitment drive gets underway.
Insurance giant Direct Line Group (DLG) has become the latest new entrant to the legal services market, with the announcement today that the Solicitors Regulatory Association (SRA) has authorised it as an ABS.
Happy New Year! Or maybe that should be a Gallic Bonne Année, because European legal news in this first week of 2014 has focused almost exclusively on the Paris market.
The beginning of 2014 has been marked by a number of partner moves, regional expansion, and has already started producing major deals.
The heat is on for small firms without succession plans
The New Year has kicked off with major headaches for finance teams across the UK, as they start in earnest to wrestle with HMRC’s national insurance contributions (NIC)-related early Christmas present
Pinsent Masons has strengthened its Asian corporate capability with the hire of three partners in Singapore from local rival KhattarWong and a senior lawyer in Shanghai from legacy SJ Berwin.
Slaughter and May has taken a lead role in advising Premier Foods on the sale of a 51 per cent stake in British bread business Hovis to Gores Group.
The top of equity has plummeted from £278,000 to £162,000 at Morgan Cole with the top earner taking home 40 per cent less than last year, according to the firm’s latest LLP accounts.
Slaughter and May’s first-ever female partner, and financial regulation group head, has retired after 37 years at the City firm.
PricewaterhouseCoopers’ (PwC) legal arm, PwC Legal, has gained an ABS licence, allowing the Big Four accountant to take ownership of the business.
The Criminal Bar Association (CBA) has lost its bid to bring a judicial review of the new rating system for criminal barristers being introduced by the Legal Service Board (LSB) at the High Court.
The organisational body of the 2022 World Cup in Qatar has reshuffled its legal team, replacing general counsel Andrew Longmate with deputy Tariq Al-Abdulla.
The number of UK partners being made redundant has dropped to levels not seen since before the recession, according to an annual survey of partner roles.
Reed Smith has become the latest international firm to open an office in Kazakhstan’s capital Astana.
US firm Reed Smith has returned to Hogan Lovells for a senior partner hire in Paris, bringing in corporate partner Isabelle MacElhone and associate Bertrand Baheu-Derras.
Predictions that the trainee model is bust are belied by this season’s retention rates. So far Ashurst, BLP, Nabarro and Olswang have kept on the vast majority of their trainees. A leap of faith, or a solid business decision?
Across the country criminal barristers have shunned court today, downing tools in a protest against further legal aid budget cuts by the Government. This is one
The High Court will host some of the largest-value cases it has ever seen in 2014 - but only the biggest disputes will fight all the way.
Austrian firm Schoenherr is moving to staff its Brussels office full-time, after 20 years with a representative presence in Belgium.
DLA Piper insurance litigation partner David Murphy has left the firm to join US-firm Sedgwick in London.
Merger talks between Shakespeares and Davenport Lyons have broken down, leaving Davenport Lyons on the market for a potential deal, sources suggest.
Shanghai-based Boss & Young and JoinWay have merged to form a 200-lawyer firm under the banner of Boss & Young.
It’s rare that a general counsel’s departure is not flagged well in advance. So the sudden departure of Royal Dutch Shell’s Peter Rees QC, which emerged late on Friday night, will cause waves in the energy sector.
Royal Dutch Shell has handed interim responsibility of its legal function to its human resources and corporate officer Hugh Mitchell.
Peter Rees’s sudden departure from Shell took everyone by surprise. Rees joined the Anglo-Dutch oil giant from Debevoise in January 2011 and during his time reorganised the legal function, bringing a vast amount of litigation in-house. The company has chopped its external global legal spend by 61 per cent in five years.
Shoosmiths paid £1.5m in cash for Scottish firm Archibald Campbell & Harley, the firm’s inaugural LLP accounts have revealed.
Slater & Gordon UK chief executive Neil Kinsella has set the firm a 12-month target to fully integrate its merger with Pannone after the deal is complete.
Slaughter and May has made its first lateral hire in Asia with the addition of Morrison & Foerster’s (MoFo) co-head of China capital markets John Moore.
It’s seen as one of the more traditional firms in the City, but today Slaughter and May threw off its conservative cloak.
South African listed mining company Gold Fields has announced the resignation of its general counsel Michael Fleischer.
Squire Sanders has picked up DLA Piper competition and regulatory lawyer Martin Rees in its latest raid of the firm’s London office.
The New Year transfer window is well and truly open, and while laterals are nothing exceptional these days, it’s notable that Squire Sanders appears to have picked up in January where it left off in December in terms of its ongoing raid on DLA Piper
Brokers have raised fresh concerns over the Solicitors Regulation Authority’s (SRA) handling of the professional indemnity insurance (PII) renewal process after the regulator admitted it had lost track of some uninsured firms.
The Solicitors Regulation Authority (SRA) has taken the unusual action of publishing the names of 136 firms that are being forced to close as a result of failing to secure professional indemnity insurance (PII).
It is almost a year since former Stewarts Law partner Andrew Shaw and associate Craig Turnbull were struck off by the Solicitors Disciplinary Tribunal following a private prosecution.
An attempt by Mishcon de Reya client Tamara Ecclestone to force two car companies to return a £400,000 Lamborghini that she claimed was a gift to her ex-boyfriend has been thrown out by the High Court.
Some firms could be facing cash windfalls of up to £9.5m in light of HM Revenue & Customs’ (HMRC) new legislation on the way salaried partners are taxed.
HMRC’s new partnership tax rules are creating headaches for law firms. Some, such as Trowers and Kennedys, have already moved to put plans in place, but many are still dithering. Salaried and fixed-share partners will want to read our articles very closely; the deadline is looming.
Profits at Taylor Wessing’s UK LLP crept up 4 per cent during 2012/13 while its drawings and distributions shot up 46 per cent, according to the firm’s consolidated accounts.
Compromising in a relationship can be tricky enough when there are just two people involved. Imagine the headache when two firms marry to become a 1,300 staff, 770-lawyer outfit. The compromises could be life-changing.
It’s Hot 100 week. Yesterday The Lawyer revealed our 2014 stars, who will be feted at a party at the Royal Exchange tonight. Click our links below to find out who has been honoured in the fields of litigation, finance, corporate, real estate and projects – plus our meatiest category of in-house lawyers.
Turkey continues to be a hot jurisdiction for inward investment. No wonder lawyers are so interested in finding out about the local market. Get yourself up to speed by reading our coverage of Turkish developments over the last few months.
It isn’t often that a US president changes policy based on stories in a UK newspaper. But that is exactly what President Obama did when he set out reforms for data collection and surveillance on Friday following a series of revelations about the National Security Agency in The Guardian.
DWF, already one of the most efficient firms in the UK 200 when it comes to billing, is taking out even more of the human element in its procedures. Rivals, look and learn
The Lawyer this week unveiled the Top 20 Cases to watch in 2014. It’s shaping up to be a bumper court year with spats involving, amongst others, RBS, Depfa Bank and MasterCard
Brecher managing partner Nicky Richmond puts down her book and picks up a knife and fork to test the Reading Room at Claridges.
Wragges has bitten the bullet. It is ditching its cherished all-equity model in order to accommodate the merger with Lawrence Graham. That is some cultural shift.
True or false? There’s a lawyer out there who gets to drive around the office in an ice cream van, try every lolly on the supermarket shelves and take home four litres of ice cream every week.
Two prominent Saudi princes believed to be involved in a London-registered company that allegedly facilitated “money laundering” for Hezbollah are at the centre of a major court battle that is about to hit London’s High Court again.
The English court system – a game of two halves? On the one hand barristers are protesting against legal aid cuts, while on the other a Saudi Royal family has taken up three years of court time in their battle to have a case
Salaried partnership is one of the opaque mysteries of the legal profession. Falling in a grey area between having a slice of a firm’s equity and being the tea boy, the title means different things to different firms and almost nothing to clients. Now Britain’s taxman has twigged to the anomaly, realising that – if nothing else – salaried partnership status at LLPs has been a clever tax avoidance wheeze.
Not since Paul Newman as Butch Cassidy popped Katherine Ross on his handle bars and twirled round the Wyoming countryside has a cycling incident made such a media splash. The evening of 19 September 2012 – when then-government chief whip Andrew Mitchell attempted to cycle through the gates of Downing Street – has taken its place in popular and political culture infamy.
Cinema audiences are in the dark as to whether the father of vampire child Eli in 2008 Swedish film Let the Right One In availed himself of statutory paternity leave. Her taste for blood would likely have cut it short if he had.
For a collective that has been around in some form or other for more than 60 years, it can be surprising how little harmonisation there is across the EU. Eurocrats have been wrestling for some time with the tangled web that is the application of damages for breaches of Europe’s competition law
In-house corporate and financial sector legal departments should place themselves at the centre of their businesses’ cyber security strategies, a leading global technology general counsel has said this week.
Travel giant Tui has hired a new general counsel for its group headquarters in Hanover, Germany, appointing former Clifford Chance lawyer Hilka Schneider.
Building and DIY retailer Travis Perkins Group has appointed Deborah Grimason as its new general counsel.
Mishcon de Reya partner Joanna Blackburn says all lawyers should keep an eye on the whistleblowing battle that is about to hit the Supreme Court
Trowers & Hamlins has announced the closure of its Cairo office, citing uncertainty over the long-term outlook for Egypt.
Trowers & Hamlins and Kennedys have become the latest top 100 firms to launch consultations with their partners over their response to HM Revenue & Customs’ (HMRC) proposed changes to the partnership tax regime.
Recent attacks on Twitter through the legislative framework into sharp relief
Last week Slaughter and May gained a US capability in Hong Kong with its first Asia lateral hire, bringing in Morrison & Foerster’s co-head of China capital markets John Moore.
Chicago-based law firm Katten Muchin Rosenman has poached a private equity team from Hogan Lovells’ London office, The Lawyer can reveal.
Those of us in the eDiscovery industry recall that 2012 was declared the ’year of predictive of coding’. Despite a similar prediction for 2013, many of us assumed predictive coding would continue to be the focus for corporate clients and become further engrained in legal culture
Winston & Strawn is set to launch an office in Taiwan after hiring a four-partner team from rival Washington DC firm Finnegan Henderson Farabow Garrett & Dunner last August.
Withers has seen the exit of two partners with litigation partner Sue Medder quitting private practice to join London set XXIV Old Buildings.
Wragge & Co is to temporarily relinquish its all-equity partnership model as it aligns its remuneration structure with Lawrence Graham (LG), The Lawyer can reveal.
Zhong Lun has appointed Dechert’s Hong Kong managing partner Basil Hwang as a partner in its Hong Kong associate firm Boughton Peterson Yang Anderson (BPYA).