Online July 2014
DLA Piper, along with FTI Consulting, has supported new guidance for companies on countering small bribes published by Transparency International UK.
‘Allowances’ used as part of the fixed remuneration targeted by the European Commission, co-legislators and the EBA download
The practice of introducing ‘position or role-based allowances’ is one of the elements underlined in the detailed analysis of EU banks published by the EBA.
Although there has been a steep decline in their use since the 1990 peak, cheques are still an important payment mechanism.
An employee who was fired one day after complaining that she felt threatened by ‘aggressive clients’ was entitled to damages for the retaliatory discharge.
The special measures policy has been welcomed by many inside and outside the health service, but it seems too early to tell just how effective it is.
‘Good faith’ revisited download
Paul Scott looks at how the courts have treated the doctrine of ‘good faith’ in recent cases and how the current state of the law might be relevant to construction contracts.
The importance of careful drafting was recently reiterated by the New York Court of Appeals in Quadrant Structured Products Co v Vertin.
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by 10 July 2014.
The next Quarterly Issues/Programs List must be placed in stations’ public inspection files by 10 July 2014.
After a 2.9 per cent decline in GDP in 2014’s first quarter, businesses had cause for concern about the future of the US economy. This report should go a long way to allay those fears.
A new Arbitration Act for the BVI download
The BVI parliament has now passed the long-awaited Arbitration Act. Although still awaiting formal proclamation, the act is likely to come into force soon.
It could soon become commonplace for consumer disputes to be dealt with online… thanks to the anticipated UK implementation of European law.
A reminder from the EAT: appealing against a well-reasoned tribunal decision is unlikely to be successful download
The Employment Appeal Tribunal (EAT) has reviewed the approach to be taken by tribunals in determining employment status.
The recent major cabinet reshuffle sees Matthew Hancock replacing Michael Fallon as the new business and energy minister.
A&O has posted record results, but does it matter that the uptick can’t match that at rival Clifford Chance?
In Halbig v Burwell, the US court invalidated an IRS regulation that provides premium tax credit subsidies for individuals obtaining health insurance coverage through the federal exchange.
Addleshaw Goddard has advised Brighton University on its latest expansion with the acquisition of the Preston Barracks site in Lewes Road, Brighton.
Addleshaw Goddard advised new client ClearStar on its admission to trading on the Alternative Investment Market (AIM), effective from 11 July 2014.
Addleshaw Goddard’s Manchester M&A team has acted on key north-west deals totalling more than £860m in the last three weeks alone.
The Manchester office of Addleshaw Goddard has advised The Hut Group on a significant investment in group by a consortium led by KKR.
Addleshaw Goddard has completed two flagship transactions, one of which represents the largest in the capital to date.
Admissibility of covert recordings download
G, who was employed by the bank until her resignation, lodged a claim at the employment tribunal, alleging sexual harassment, sex discrimination and constructive unfair dismissal.
In the case Kaltoft v Kommunernes Landsforening, the advocate-general has given an opinion that morbid obesity may amount to a disability.
Aereo infringes broadcasters’ copyrights, US Supreme Court rules — coming impact for streaming and cloud services? download
The Supreme Court has held that Aereo infringes broadcasters’ copyrights in on-air programming when it transmits the programmes to its internet subscribers.
AIFM toolbox — July 2014 download
The AlFM toolbox aims to provide reader-friendly access to the EU legislation relating to the AIFMD level-one measures as well as the AIFMR level-two measures.
Allen & Overy has acted for the lenders on a $1.3bn prepayment facility in favour of Glencore Energy UK for advance payments for crude oil purchases from SHT.
Allen & Overy has advised 21st Century Fox on its sale of Sky Italia and its 57.4 per cent stake in Sky Deutschland to BSkyB for a total consideration of $9.3bn.
Allen & Overy has advised CORESTATE on the sale of a real-estate portfolio comprising approximately 8,200 units to ADLER Real Estate by way of a share deal.
Allen & Overy has advised Deutsche Annington Immobilien SE on the issue of a bond with a volume of €500m (£400m).
Allen & Overy has advised Iceland Foods on its £950m high-yield bond, the largest sterling denominated high-yield bond issuance of 2014.
Allen & Overy has advised Imperial Tobacco on its acquisition of the US Winston, Kool, Salem and Maverick tobacco cigarette brands and the US/UK blu e-cigarette brand.
Allen & Overy has advised ING and NN Group on the initial public offering (IPO) of up to 77 million ordinary shares of NN Group through ING.
Allen & Overy has advised the joint lead managers and bookrunners on the issuance of $1.5bn and €525m bonds by ONGC Videsh.
Allen & Overy has advised Samena Capital on the acquisition of 30.58 per cent of the share capital of RAK Ceramics PJSC from His Highness Sheikh Saud Bin Saqr Al Qassimi.
Rulefinder CBDT is the latest service in the suite of online subscription services provided by Allen & Overy’s affiliate Derivative Services.
On 30 May 2014, Allen & Overy hosted the London leg of the HKIAC’s Road Show, showcasing its new 2013 Administered Arbitration Rules.
Allen & Overy has announced the appointment of Amsterdam arbitration partner Marieke van Hooijdonk as a member of the ICC International Court of Arbitration for the Netherlands.
Allen & Overy has said that Deutsche Bank’s €355m multi-loan CMBS transaction points to improving conditions within the European CMBS market.
Allen & Overy has supported corporate software provider SAP on its change of form to a European company (‘societas Europaea’, or SE).
The UK has a flexible, secure and transparent property market offering a wide range of investment structures.
Annual EEO Public File Report deadline for stations in California, Illinois, North Carolina, South Carolina and Wisconsin download
This Broadcast Station Advisory highlights the upcoming deadlines for compliance with the FCC’s EEO rule.
Kings Chambers’ Anthony Crean QC and Mark Halliwell have successfully opposed an application by residents to determine land at Cowans Camp Field.
Antitrust and competition enforcement is changing fast: our report for multinationals from three global conferences download
The world of antitrust/competition enforcement is changing more rapidly than ever. This evolving environment presents new challenges for companies.
DLA Piper has released the July 2014 issue of its Antitrust Matters publication.
In a judgment from the Court of Justice, it has been held that the layout of a retail store may be registered as a trademark in Europe.
The law that converted the Poletti Decree (Law No. 78 of 16 May 2014) has only recently been published in the Gazzetta Ufficiale.
Arbitrator may order change to hours, location of doctor who sexually harassed hospital nurse download
Where a doctor has sexually harassed a nurse, a labour arbitrator has authority to decide how close the doctor should be able to work with the nurse and under what conditions.
Are post-termination restrictions on a recruitment consultant enforceable where information is widely available on social media? download
The High Court has held that six-month non-dealing and non-solicitation post-termination restrictions were enforceable by the recruitment business against a former employee.
Are standard leases the new norm? download
A successful deal relies on getting signatures on documents quickly and no more so than with tenants. It is risky to give tenants too much time to change their minds.
A recent decision suggests that laypersons may assess whether a person is impaired from drugs or alcohol, and their assessment will be considered in legal proceedings.
If your organisation has 100 or more employees, unless it is a public sector employer, it will have annual gender reporting obligations to the Workplace Gender Equality Agency.
Are you ready? The Insurance Bill and the Third Parties (Rights against Insurers) Act 2010 may soon become law download
The Insurance Bill, which makes potentially significant changes to the law relating to business insurance, was introduced into Parliament on 17 July 2014.
Partner and head of real estate
In VTB Capital PLC v Nutritek International Corp, proceedings were commenced for the purposes of obtaining freezing orders in the BVI against two BVI-incorporated companies.
Australia is set to amend the mandatory Franchising Code of Conduct and the Competition and Consumer Act. The changes are likely to take effect on 1 January 2015.
DLA Piper outlines the income tax, goods and services tax, fuel tax and other implications that will stem from the repeal of the carbon tax.
As a young and complex matter, compliance presents numerous challenges for organisations. This is partly due to the lack of global standards.
Recent amendments to the Federal Law on Customs Regulation in the RF have made the status of authorised economic operator even more attractive for businesses.
Avoid a flood of uncertainty: draft to include costs that aren’t maintenance, repair or replacement in a commercial lease download
The flooding experienced by many parts of the country over the last year may be partly behind changes to the Ontario Building Code.
The deadline for employers to report share-based awards is approaching. The ATO is increasing its focus on ESS reporting compliance so employers should be aware of some of the traps.
In a case before the General Court, Simca Europe had obtained registration of the work mark SIMCA as a Community trademark for goods in Class 12.
Partner and head of tax and estate planning
Anecdotal evidence from our clients suggests supplier mandate fraud remains a common method to fraudulently extract money from companies.
Banning assignment bans download
Factoring and invoice discounting are forms of asset-based funding structures that enable businesses to ease cash flow and fund growth.
KKR has agreed to acquire a 49 per cent stake in Ringier’s subsidiaries Scout24 Schweiz and Omnimedia. Bär & Karrer is acting as legal adviser to KKR.
Bär & Karrer has acted as legal transaction counsel to Banque Cantonale de Genève and the joint lead managers on the bond issuance and placement.
Bär & Karrer has acted as legal transaction counsel to Von Roll Holding and Privatbank IHAG Zürich on the issuance and placement of CHF61m bonds.
Bär & Karrer has acted as legal adviser to SENIOcare on its acquisition of CASA FIORA’s care home business in Grisons.
On 5 December 2013, chancellor of the exchequer George Osborne stated that the government would ‘end the abuse of… offshore oil and gas contracting’.
Bates Wells Braithwaite has recently acted for the Ramblers in its successful bid to get the Isle of Wight added to the England Coast Path.
Alistair Williams, senior paralegal at Bates Wells Braithwaite, recently acted pro bono for the Ramblers charity, which was representing the rights of its walkers in a dispute over rights of way.
Bates Wells Braithwaite has advised the RNIB as part of a three-way arrangement resulting in the reorganisation with its associate charity, Action for Blind People.
Bates Wells Braithwaite has welcomed a decision that establishes the Human Dignity Trust’s activities to protect the human rights of LGBTI people around the world as for the public benefit.
The dispute has given rise to a number of decisions touching on recognition and assistance to foreign insolvency practitioners, receivers and government agencies.
BDK Advokati/Attorneys at Law has submitted to the Serbian commissioner for information of public importance and data protection an analysis of the draft Data Protection Act.
BDK has become a member of the Swiss-Serbian Chamber of Commerce. The Chamber of Commerce aims to improve economic co-operation between the two countries.
At a recent twin conference, BDK managing partner Tijana Kojovic gave a presentation on the costs of arbitration.
BDK managing partner Tijana Kojovic spoke at the arbitration panel of the Balkan Legal Forum 2014 held in Vienna on 25–26 June.
Be Global — July 2014: new gender equality reporting obligations in Australia; meaning of ‘last wage’ clarified in UAE; and more
Be Global is DLA Piper’s snapshot of key global employment law developments designed to help you identify legal hotspots across your global operations.
Measures to improve the business climate in Benin have been taken, which relate to business creation, licensing, cross-border trade, enforcement of contracts and more.
The Trusts (Special Provisions) Amendment Act 2014 provides certainty regarding how far settlors can go without calling the validity of the trust structure into question.
Instances of vessels making contact with and damaging a berth are fairly common. Disputed claims on liability are much rarer.
The case of Hershaw and ors v Sheffield City Council is a reminder to employers to be careful about how and what they communicate to their employees.
Biennial ownership reports are due for non-commercial radio and TV stations in certain states download
The staggered deadlines for non-commercial radio and television stations to file biennial ownership reports remain in effect.
Biomethane RHI consultation download
The Renewable Heat Incentive (RHI) is designed to increase the uptake of renewable heat technologies and reduce carbon emissions.
While the use of Bitcoin may not presently be widely accepted like cash or electronic funds transfers, it is undeniable that the market opportunities for Bitcoin are rapidly increasing.
Predicting the future is inherently difficult. Predicting future legal expenses is similarly challenging.
As foreshadowed by the coalition government earlier this year, penalties for breach of the Franchising Code of Conduct are to be introduced.
The Mannai case in 1997 made it clear that substantial compliance with a break notice was not sufficient; both the formal and the substantial elements must be adhered to.
Bribe and prejudice — Supreme Court decision on bribes or secret commissions received by fiduciaries download
The Supreme Court’s recent judgment clarifies the treatment of bribes or secret commissions received by agents or those in fiduciary positions.
Serious Fraud Office director David Green QC has proposed a number of changes to the UK Bribery Act.
Statistics suggest that more than 450,000 cross-border successions occur in the EU every year, representing a value estimated to be worth more than €120bn.
DLA Piper has been recognised as a ‘standout’ among the ‘most favoured general firm IP departments’ by the BTI Consulting Group.
Budget — where we are now download
The government has published its response to its Freedom and Choice consultation issued as a result of the Budget.
The government has issued its response to the consultation on the Budget proposals to introduce pension flexibility for DC pension savings from April 2015.
Eversheds has commented on announcements regarding India’s budget for growth.
Three months on from the surprise Budget announcement, Nabarro’s Jennifer Bell provides a brief round-up of where we are.
Building the foundations — bribery risk assessment as the basis of effective risk mitigation download
Diagnosing Bribery Risk is designed to assist those charged with carrying out a bribery risk assessment to follow a relatively simple, structured process.
Bates Wells Braithwaite’s charity and social enterprise team provides highlights of this week’s charity website announcements.
Bates Wells Braithwaite’s charity and social enterprise team provides highlights of this week’s charity website announcements.
Bates Wells Braithwaite’s charity and social enterprise team provides highlights of this week’s charity website announcements.
The campaign to increase the representation of women on the boards of public companies reached a significant milestone recently.
California courts are clarifying potential liability under the CMIA of healthcare providers, health plans, pharmaceutical companies and others for the unauthorised disclosure of medical information.
In Peabody v Time Warner Cable, Time Warner contended that a former account executive was not entitled to overtime pay because she fell into the ‘commissioned employee’ exemption.
The California Supreme Court in Iskanian v CLS Transportation Los Angeles held that its decision in Gentry v Superior Court is no longer good law.
The ICC’s Mediation Rules are intended to facilitate the amicable settlement of disputes with the aid of a neutral third party.
A recent decision has confirmed that in some cases the extent of an appeal manager’s authority does not include increasing the disciplinary sanction imposed.
The High Court recently examined principles relevant to the permissibility of using hindsight to value a company for the purposes of a warranty claim.
While an enshrined position in continental Europe, the general position under English law is that there is no obligation to negotiate in good faith as part of a transaction.
In BIMBO SA v OHIM, BIMBO SA applied to register BIMBO DOUGHNUTS as a Community trademark. That application was opposed by Panrico SA.
Care Act 2014 download
The Care Act 2014, which received royal assent on 14 May 2014, will impose new obligations on local authorities in respect of the provision of social care.
Carey Olsen has promoted seven lawyers, including three in Guernsey, one in London and three in Jersey, with effect from 1 July 2014.
On 26 June 2014, the Supreme Court of Canada released its much anticipated decision in Tsilhqot’in Nation v British Columbia.
The ECJ has handed down an important decision that affects the calculation of holiday pay for workers whose pay includes an element of commission.
A long-anticipated overhaul of the Cayman Islands Exempted Limited Partnership Law was enacted on 2 July 2014. This article summarises the key changes.
The Exempted Limited Partnership Law 2014 was enacted on 2 July 2014. The changes in the new law are designed to confer greater contractual flexibility upon partners.
The Contracts (Rights of Third Parties) Law 2014 enables parties to a contract to give third parties the ability to enforce rights expressly granted to them in the contract.
The Contracts (Rights of Third Parties) Law 2014 is now in force.
The Exempted Limited Partnership Law 2014 is a major re-working of the now repealed Exempted Limited Partnership Law (2013 Revision).
This article concerns the investigation of antecedent transactions during the course of the winding up of a company.
Once skilled migrants have moved to the UK and begun to work under their newly acquired immigration status, it is likely there will be changes to their pay and job role.
Change of location and TUPE download
Anthony Korn reviews the EAT’s ruling in Donnelley Global Document Solutions Group Ltd v Besagni and others (EAT/0397/13).
Does your business enter into contracts with consumers? Then you need to consider the impact of the new Consumer Contract Regulations.
Bill of law no. 6625, which will substantially change the legal regime applicable to bearer shares issued by a Luxembourg company, was adopted on 16 July 2014.
What images fill your mind when you hear the names Speechly Bircham and Charles Russell?
Two of No5 Chambers’ human rights barristers recently spoke at the Public Law Project Conference in Manchester.
The People’s Bank of China released the Administrative Measures for the Foreign Exchange Purchase and Sale Business Provided by Banks on 22 June 2014.
Despite the progress that has been made towards launching the European unitary patent system and the Unified Patent Court, Spain continues to actively oppose the changes.
Head of corporate, private equity and venture capital
7KBW has announced that Clara Benn and Andrew Pearson have accepted invitations to join Chambers on completion of their pupillages.
Climate Change Newsletter: US Supreme Court largely upholds EPA’s regulation of greenhouse gases from major new and modified sources; and more download
This edition of Dentons’ Climate Change Newsletter starts with the US Supreme Court’s most recent review of EPA regulations, the so-called ‘tailoring rule’.
7KBW has announced that Clive Freedman QC (formerly of Littleton Chambers, Temple) will be joining Chambers with effect from 18 August 2014.
Annabel Mackay, managing associate at Addleshaw Goddard, comments on the government’s response to its call for evidence on the whistleblowing framework.
Partner and head of intellectual property
On 9 July 2014, Collyer Bristow’s intellectual property team hosted a reception to welcome Christopher Rennie-Smith back to the firm.
In Moore v Getahun, the plaintiff suffered a wrist injury in a motorcycle accident and claimed medical negligence against the treating doctor.
This briefing looks at the provisions of the Community Empowerment (Scotland) Bill, which was introduced in the Scottish Parliament on 11 June 2014.
Eversheds’ Simon Waller has commented on news from the Insolvency Service that company liquidations in England and Wales decreased in April and June 2014.
Daniel Jefferies has been awarded a six-figure sum after he was left brain damaged following surgery at Bristol Royal Infirmary.
Any land agreement which may affect trade within the UK and has as its object or effect the prevention, restriction or distortion of competition within the UK will be void and unenforceable.
Competition regulators maintain vigilance on combating cartels and facilitating a healthy global business environment download
Regulators around the world remain focused on the impact of cartels on business, and the Australian Competition and Consumer Commission is no exception.
Complaint handling by professionals download
Section 2 of CSSF Regulation No. 13-02 relating to the out-of-court resolution of complaints will enter into force on 1 July 2014.
Protecting confidential information is understandably an important issue for most employers.
The odds are very long that Congress will enact comprehensive immigration reform legislation in 2014, and the odds may not improve much in 2015.
The Commercial Court has ruled that damages for non-acceptance of goods represent the seller’s ‘loss of bargain’ with the buyer, rather than any loss of profit.
The traditional view is that a novation is an agreement that replaces the original contract with another one on the same terms but with different parties.
An employee can accept a repudiatory breach of contract if a longer notice period is given than required by the contract of employment.
Section 95 of the Employment Rights Act 1996 modifies the common law position by allowing an employee to claim constructive dismissal even if notice is given.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 came into force on 13 June 2014.
The information explosion has produced a massive headache for enterprises trying to contain and manage ever-expanding volumes of data.
This memorandum has been prepared for the assistance of those who are considering the operation of exempted limited partnerships in the Cayman Islands.
Conyers Dill & Pearman has provided Bermuda legal advice to EPL Oil & Gas, which was acquired by Energy XXI (Bermuda) by way of a merger under Delaware law.
Conyers has provided Bermuda and BVI legal advice to Global Brands Group Holding on its listing by introduction on the Hong Kong Stock Exchange.
Conyers Dill & Pearman provided Cayman and BVI legal advice to Jinmao (China) Investments Holdings Ltd on its $500m IPO.
Conyers Dill & Pearman has provided Bermuda legal advice to Tullett Prebon on its $160m acquisition of PVM Oil Associates and its subsidiaries.
Conyers Dill & Pearman has provided Bermuda legal advice to Xyratex in connection with its acquisition by Seagate Technology for $374m.
Conyers Dill & Pearman has provided advice to Koradior Holdings Ltd on its $72m offering and listing of shares on the main board of the Hong Kong Stock Exchange.
Conyers Dill & Pearman has announced the appointment of Dennis Ryan as head of corporate services in its Dubai office, effective 1 July 2014.
Discount grocer Aldi has been in the news in the last month with two unrelated cases concerning different intellectual property rights.
Advocate-general Pedro Cruz Villalón of the European Court of Justice has ruled on the nature and meaning of the concept of parody.
The corporate and commercial team at Collyer Bristow serves a wide range of UK and international clients across a number of industry sectors.
Corporate governance update: handling of confidential information — briefings and unannounced corporate transactions download
In this corporate governance update, DLA Piper sets out some of the key findings and recommendations as they relate to listed companies.
Corporate liability: the Italian Supreme Court extends the scope of application of Legislative Decree No. 231/2001 download
The Italian Supreme Court has reconsidered the possibility of applying Legislative Decree No. 231/2001 to the so-called target offences of a criminal organisation.
Corporate News: ICSA Registrars Group guidance on articles of association and dividend distributions; and more download
Addleshaw Goddard has published the June 2014 edition of Corporate News.
Costs and compliance: Mitchell take two — revised guidance for those seeking relief from court sanctions
After eight months of uncertainty and legal angst, the Court of Appeal has clarified the Mitchell guidance.
The case of R (on the application of Sky Blue Sports & Leisure Ltd and others) v Coventry City Council  EWHC 2089 (Admin) is an interesting one.
Court of Appeal clarifies Mitchell guidance on relief from sanctions — a welcomed departure from the hardline approach to procedure download
Following Mitchell v News Group Newspapers, judges across the country have grappled with various different applications for relief from sanctions.
Court of Appeal rules employers are entitled to impose higher disciplinary sanction on appeal download
In McMillan v Airedale NHS Foundation Trust, the Court of Appeal held that employers may, in principle, increase a disciplinary sanction on appeal.
In an LMAA charterparty dispute between Sun United and Kasteli, owners’ claims had been secured by money paid into an escrow account in the name of charterers’ solicitors.
The CRA has provided some guidance on how it will administer the Income Tax Act (Canada) in respect of the income and losses arising from Ponzi schemes.
Eversheds’ Claire Carroll has commented following news that several websites have been frozen as part of a campaign against pension liberation schemes.
The draft ‘Law on Amendments to the Tax Code of Ukraine and Some Other Legislative Acts of Ukraine’ was registered by the Verkhovna Rada of Ukraine on 22 July 2014.
This briefing deals with a repeal of the provisions of the Income Tax Law regarding the retroactive taxation of receipt from dividends and profit sharing.
Croatia: recent news highlights — increase in mobile operator prices and mass termination of subscription agreements; and more download
Karanovic & Nikolic discusses the recent news highlights coming out of Croatia.
If you are a party to a construction dispute and you are considering commencing an adjudication, one of the key considerations is to ensure that a dispute does actually exist.
CSSF updates its AIFMD FAQs download
On 18 July 2014, the CSSF has updated its FAQ document concerning the Luxembourg Law of 12 July 2013 on alternative investment fund managers.
Peng Xuefeng, chairman of Dacheng, has been named one of the ‘10 Outstanding Alumni’ of China University of Political Science and Law.
Scarcely a day goes by without there being a report of someone being cyber bullied. Incidences are not limited to celebrities but can, and do, affect anyone and everyone.
Dacheng has advised Beijing Future Science & Technology Park Development and Construction Co on legal risk prevention and control in the course of construction.
On 16 July, RMB10.9bn worth of credit asset-backed securities originated by CDB were successfully issued. Dacheng provided legal advice to CDB.
A team led by attorney Wang Botao from Dacheng’s Jinan office provided all-round legal service for the issuer.
On 11 July 2014, Ernest Borel Holdings, advised by Dacheng, was successfully launched on the main board of the Hong Kong Stock Exchange (SEHK).
On 21 May 2014, Guangzhou Textiles Industry & Trade Holdings completed the issuance of RMB200m worth of first-phase short-term financing bills for 2014.
The special asset management scheme administered by Wanjia Gongying Assets Management Co has successfully raised RMB100m.
Dacheng has acted as PRC law counsel for Shenzhou International Group Holdings on the offshore issuance of HKD3.9bn worth of convertible bonds.
Partners Zhang Xinming and Huang Xiamin and paralegal Dai Renzhi from Dacheng’s Shanghai office provided all-round legal counsel for the issuer.
On 11 July 2014, Hanbo Enterprises Holdings was listed on the Main Board of the Hong Kong Stock Exchange. Zhang Guozhi was invited to the listing ceremony.
Anhui Hubin Architecture Company has successfully filed its planned issuance of SME private placement bonds for 2014 with the Shanghai Stock Exchange.
Dacheng capital markets attorneys Wang Zuwei, Mao Wei and Wu Libei advised the company on the listing.
On 27 June 2014, Dacheng attorneys Cao Wenhua and Jiang Xingwang attended a seminar held by the Ministry of Land and Resources.
A strategic co-operation framework agreement has been signed by Bo Lili and Kuang Shuangli, senior partner from Dacheng.
Dacheng attorneys Xiao Xiang, Ma Yan, Wang Chun and Zhu Ruiming have been retained as legal counsel for the 53rd World Table Tennis Championship.
A Dacheng team led by senior partner Jiang Rongqing has been retained as standing legal counsel for HYDROCHINA International Engineering Co.
In June, a team led by Sun Changjiang was retained as standing legal counsel for Liaoning Equity Exchange Co to advise the company on a multi-faceted, multi-layered basis.
On 2 July 2014, Dacheng senior partner Yu Xugang and partner Li Jieyu attended a ceremony celebrating the launch of Hubei Forbon Technology Co.
Partners Li Xin and Liu Jianghua recently sat as experts of a panel for reviewing restructuring plans filed by enterprises, profiles of listing applicants and other relevant materials.
On 15 July 2014, Dacheng senior partner Gao Mingfei, who is based in Beijing, was interviewed by Global Times in connection with crowd funding.
A Dacheng team led by senior partner Jiang Rongqing has been retained as standing legal counsel for HYDROCHINA Corporation.
Peng Xuefeng, chairman of Dacheng, has travelled to Portugal, Finland and Sweden to introduce the investment environment in China and relevant legal issues.
Walker Morris’s David Hinchliffe has been named Sports Lawyer of the Year at Finance Monthly’s Law Awards.
A court has decided that a decision to dramatically reduce the number of funded libraries was flawed.
We have a team of specialist lawyers whose collective experience covers some of the most ground-breaking and eye-catching cases.
Delivering on time: the World Cup download
Lessons can be learnt from Brazil’s big build for the World Cup, which was the subject of delays to 75 per cent of its construction projects.
Dentons Warsaw lawyers have co-authored the ‘BNP Paribas Real Estate Guide to Investing in Poland 2014’.
The High Court has upheld the decision of the secretary of state to grant planning permission for a foodstore in Westminster.
A developer can commit the offence of ‘knowingly permitting’ the deposit of waste by its contractor, despite having no knowledge that the deposit was in breach of an environmental permit.
Disability discrimination: no obligation to make reasonable adjustments for employees associated with disabled employees download
The Court of Appeal has decided that employers are not obliged to make reasonable adjustments for employees who are associated with a disabled person.
Disclaimer and rates liability — Schroder Exempt Property Unit Trust and another v Birmingham City Council download
A landlord is liable for business rates where a tenant’s lease is disclaimed, even if the landlord does not take possession of the property following a disclaimer.
The Small Business, Enterprise and Employment Bill appears to be consistent with the government’s objective of removing red tape and improving transparency.
Disclosure of spent convictions download
The Supreme Court has confirmed that the government’s changes to the criminal records disclosure regime last year were necessary.
Collyer Bristow’s divorce and family team is recognised as one of London’s leading national and international family law practices.
Divorce may be good for you download
A study has shown that divorce in middle or later life is no barrier to having a long and happy marriage and can even lead to a greater contentment in the long term.
Up until now, journalists have been allowed to sit in private divorce hearings but they have, in most cases, been unable to report on most of what they hear.
DKF and Wierzbowski Eversheds defence and security networking meeting: discussion of the new Offset Act download
The new Offset Act was signed into law by the president of Poland on 7 July 2014 and will come into force 14 days after publication in the Journal of Laws.
DLA Piper has acted for Greencoat UK Wind on the acquisition of Maerdy Wind Farm, an operational wind farm project in Wales.
DLA Piper has represented Rioprevidencia and the State of Rio de Janeiro in a 144A/Reg S $2bn securitisation of oil royalties.
DLA Piper has acted for arts charity Community Focus on a pro-bono basis, providing advice that has helped secure the long-term future for the charity.
DLA Piper has advised the Australian Department of Defence on the completion of a AUD264m contract for hardware and software services with IBM.
DLA Piper has represented CGI Windows & Doors Holdings, a manufacturer of hurricane-impact-resistant windows and doors, in the sale of its business to PGT.
DLA Piper has advised GE Betz on its acquisition of the entire issued share capital of Monsal Holdings for an undisclosed sum.
DLA Piper has advised the shareholders of GVA Grimley Holdings on its sale to Bilfinger SE.
DLA Piper has advised long-standing client Investa Commercial Property Fund on its full acquisition of the Maritime Trade Tower at 201 Kent Street, Sydney.
DLA Piper has advised Oakley Capital on its acquisition of North Sails Europe, a licensee and distributor for North Sails’ sailing technology and products.
DLA Piper has advised Oando on the $1.65bn acquisition of ConocoPhillips’ offshore and onshore assets in Nigeria and the multi-source financing.
DLA Piper has advised UBM Realitätenentwicklung Aktiengesellschaft on the successful placement of a €160m corporate bond.
DLA Piper has announced that Shane Albright has joined the firm’s corporate and finance practice as a partner in the Silicon Valley office.
Stephen Malley and Jonathan Northey will join DLA Piper as the latest lateral partner hires into the firm’s real-estate group.
DLA Piper has appointed Liam Prescott as partner in its litigation and regulatory group, based in Brisbane, effective 14 July 2014.
DLA Piper has received five Turnaround Atlas Awards from Global M&A Network for its work on value-creating restructuring and turnaround transactions.
DLA Piper has advised Ziraat Bank, Turkey’s largest bank by deposits and number of branches, in its debut issuance of $750m 4.250 notes due 2019.
DLA Piper has represented Clarion Partners in its sale of LMF Frisa Comercial, a commercial real-estate joint venture, to partner Frisa.
DLA Piper has represented Blue Cross & Blue Shield of Florida (Florida Blue) in its agreement to sell affiliate OptaComp to AmTrust Financial Services.
DLA Piper has represented cloud mitigation company Racemi in a $10m investment deal.
DLA Piper has represented TubeMogul, an enterprise software company for digital branding, in its $43.8m IPO on the Nasdaq Global Select Market.
DLA Piper has represented the underwriters for Trupanion, a medical coverage provider for pets, in its $82m initial public offering on the NYSE.
DLA Piper has announced that Maria Rodriguez has been named to the Daily Journal’s 2014 list of ‘Top Labor and Employment Lawyers’.
Do cyber attacks affect share price? download
It’s often suggested that a cyber breach can devastate share price. But is this right?
Last year Brighton and Hove Council agreed to pay the Copyright Licensing Agency an undisclosed sum in respect of retrospective licence fees and legal costs.
In Kruppa v Benedetti & Anor, the claimant started court proceedings but the defendant argued there was a valid agreement to arbitrate.
The government has launched a consultation on its proposals to force more crucial suppliers to continue to supply their services during formal insolvencies, irrespective of any pre-existing debts.
Double jeopardy: three-year time bar on regulatory enforcement proceedings increased to six years download
One of the biggest stings in the clawback tail was that clawback could be applied for up to 11 years after the date on which a bonus or other variable incentive was first awarded.
There are many issues vying for the attention of law firm management these days. Having the right people in the right place is critical for the delivery of any strategic aspiration.
All commercial companies incorporated in the DRC prior to its entry into force are required to update their articles of association/bylaws.
The Dubai International Financial Centre (DIFC) is a separate common law jurisdiction within the UAE.
The Aereo and TVC cases illustrate a trend for the courts to look beyond technical differences between innovative and traditional broadcasters and distribution platforms.
EAT holds that the mental processes of anyone influencing a decision maker should be taken into account download
In Reynolds v CLFIS (UK) Ltd and others, the claimant alleged that the termination of her consultancy agreement was discriminatory on the grounds of age.
Hot on the heels of its recent decision in Huzar v Jet2, the English Court of Appeal has handed down another passenger-friendly judgment.
A powerful collaboration of local authorities came together to launch APSE Energy on 11 June 2014 in Parliament.
Emergency phone and internet data storage laws are set to be brought in by the UK government. Liz Fitzsimons and James Walsh discuss the laws.
The shocking news of recent airline disasters brings into sharp focus for employers the sometimes unforeseeable risks facing employees who frequently travel for work.
Since September 2013, employee shareholder agreements have enabled companies to introduce a new type of employment status into their workforce.
The EAT has held that a claimant lost his right to claim constructive dismissal where he gave his employer considerably longer notice of termination than he was obliged to do.
In a recent case, the judge concluded that something had ‘gone wrong’ with the drafting and added the words ‘or similar thereto’ to the end of the covenant.
Many people with an international element to their business or their lifestyle choose to employ domestic staff from overseas.
Collyer Bristow’s employment law specialists are dedicated to providing practical and commercial solutions to all of your employment problems.
The general counsel of the National Labor Relations Board has directed the issuance of complaints in 43 unfair labour practice cases.
The Parliament of the Republic of Serbia adopted amendments to the Labour Law on 18 July 2014.
Employment tribunal fees download
29 July 2014 will mark the first anniversary of the introduction of legal fees in the employment tribunal.
The government’s quarterly employment tribunal statistics for the period January to March 2014 show a drop in single claims of 59 per cent.
The states approved the proposed Employment (Amendment No 8) (Jersey) Law 201- on 18 July 2014.
Employment Update: summer 2014 — restrictive covenants; whistleblowing Q&A; fiduciary duties; and more download
Bates Wells Braithwaite has published its Employment Update for summer 2014.
After more than 50 years of communal living, the first buildings stratified in British Columbia under the 1966 Strata Titles Act may be nearing the end of their useful life.
English Commercial Court enforces obligation to resolve disputes by friendly discussion prior to arbitration
Multi-tiered dispute resolution clauses whereby parties are required to mediate prior to arbitration or litigation have been common currency for some time.
Under the English Arbitration Act 1996, the grounds on which an English arbitration award can be challenged in court are very limited.
ESMA has published two consultation documents to gather comments from market actors on the technical advice ESMA is to give to the European Commission.
The EU Commission has imposed a fine of €20m on Marine Harvest for failing to notify the commission of its acquisition of de facto sole control over Morpol ASA.
EU Court of Justice rules against referral to pre-determined percentages relating to the degree of recognition of the mark download
The EU Court of Justice recently had the opportunity to clarify a set of crucial issues regarding the distinctive character of colour marks.
Following a preliminary EU court ruling, severe obesity may in future be classified as a disability under EU law.
The EU Data Protection Regulation was discussed at the Privacy Laws & Business conference in Cambridge, UK.
On 2 July, the EU Commission published a number of documents aimed at moving the EU towards a circular economy.
EU: ECJ confirms that purely national promotion of green electricity does not necessarily violate EU law download
The ECJ’s 1 July 2014 ruling may have a major impact on the political discussions about the meaningfulness of national green electricity promotion schemes.
David Bailey discusses the important topic of EU membership — a subject which will become even more important as US/EU free-trade talks progress.
International industrial and manufacturing businesses that have Italian businesses or subsidiaries with banking facilities in Italy should be aware of recent Italian tax changes.
A new directive in the EU is set to assist franchisors and franchisees who own confidential business information (such as trade secrets and know-how).
DLA Piper has played a key role in the launch of guidelines issued by the European Commission intended to help businesses save money and get the most out of cloud computing services.
Eversheds is advising state-owned China National Nuclear Corporation on its investment in the £16bn Hinkley Point C nuclear power station.
Eversheds has advised Maplin and its management team in relation to its sale to Rutland Partners for £85m.
Eversheds has advised South West Yorkshire Partnership NHS Foundation Trust on a procurement and tendering exercise to find a provider for the future provision of its IT services.
Eversheds has advised the Department for Transport on the new Essex Thameside franchise, which has been awarded to the current operator c2c.
Few legal cases have attracted wider public interest recently than that of the Danish childminder whose case has generated debate about whether obesity is a disability.
The new UK environmental penalties will make companies nervous of retrospective action, according to Paul Verrico, principal associate at Eversheds.
Naeema Choudry has commented on the Flexible Working Regulations 2014, which extend the right to make a request for flexible working to any employee who has been employed for 26 weeks.
Eversheds has commented on the UK chancellor’s statement summarising the key elements of the Treasury’s response to its consultation on the changes to tax rules for DC pensions.
Eversheds recently hosted its annual Technology, Media and Telecoms conference in front of personnel from some of the UK’s largest technology companies.
Eversheds has announced the launch of Pathway: a service for pension schemes wishing to carry out a buy-in or buyout.
Rimtis Puišys, partner at Eversheds, has participated in an event dedicated to celebrating Bastille Day at the French Embassy in Lithuania.
Eversheds has announced its results for the 2013–14 financial year, confirming a two per cent year-on-year increase in top-line revenue.
In June 2014, Gerda Diniute, senior associate at Eversheds Saladžius, participated in the Nordic Baltic Region Steering Committee Meeting in Helsinki.
Eversheds Saladžius lawyers participated in the recent Eversheds International Senior Lawyers Conference and Eversheds International Partners Conference.
Eversheds Saladžius associates Justina Šilinskaite and Vaida Cesnuleviciute have participated in the discussions of the Meeting of World Lithuanian Youth.
Robin Johnson, head of diversified industrials at Eversheds, has commented on the CBI Industrial Trends figures.
Eversheds has won the European Outsourcing Advisory of the Year award at the European Outsourcing Association (EOA) Awards.
The new provisions of the EU Directive on consumer rights have entered into force. They include several changes you should be aware of in order to ensure your business remains compliant.
SmartDocs was built in partnership with the Australian Corporate Lawyers Association (ACLA) and Minter Ellison.
Execution of search and seizure warrants in criminal matters in respect of electronic data held by persons bound by secrecy rules download
Such measures are not only questionable from the perspective of criminal procedural rules, but also raise serious concerns from a professional secrecy point of view.
The Exempted Limited Partnership Law 2014 includes significant changes to the Cayman Islands’ statutory framework.
In this briefing, Nabarro’s Deborah Lloyd looks at the general issues that apply to all types of funds.
Extension of the sanctions relief provided for in the Joint Plan of Action between the P5+1 and the Islamic Republic of Iran download
On 18 July 2014, the P5+1 (the US, the UK, Germany, France, Russia and China) agreed with Iran to extend their commitments under the Joint Plan of Action.
FATCA requires financial institutions globally to report on their US taxable account holders or suffer a 30 per cent withholding tax on US source income.
The FCA has published the above consultation paper, which sets out its intended approach to the implementation of a price cap for high-cost, short-term credit.
Eversheds partner Jeremy Irving has commented on news that the FCA is launching an investigation into insurance price comparison websites.
The Financial Conduct Authority (FCA) has announced a review of competition in the wholesale financial markets.
FCC Enforcement Monitor — cramming scheme results in $1.6m fine; violation of retransmission consent rules; and more download
Pillsbury has released the July 2014 issue of its FCC Enforcement Monitor.
FCC Enforcement Monitor: bad legal advice leads to admonishment for public file violations; and more download
Pillsbury has released its FCC Enforcement Monitor for June 2014.
A recent TCC decision and an adjudication have raised interesting issues relating to FIDIC time bar provisions.
The UCITS V Directive focuses on three main areas — which are presented in this briefing from Wildgen.
The Finance Act 2014 received royal assent earlier this month. Here is a brief summary of the relevant provisions.
Wragge Lawrence Graham & Co’s finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
Our lawyers represent clients in claims relating to interest rate swaps and collars and other financial products, misrepresentation, breach of contract, negligence and fraud.
Financial Regulatory Developments (FReD) — 18 July 2014: FSB proposes recommendations on forex fix; and more download
Dentons has released the 18 July 2014 issue of its Financial Regulatory Developments (FReD) publication.
Financial Regulatory Developments (FReD): EBA consults on resolution plans; Treasury publishes AML advisory; and more download
Dentons has released the 11 July 2014 issue of its Financial Regulatory Developments (FReD) publication.
Financial Regulatory Developments (FReD): European Commission updates on derivatives; ESMA updates AIFMD FAQs; and more download
Dentons has released the 4 July 2014 edition of its Financial Regulatory Developments (FReD) publication.
The topics considered in this update have, by accident rather than design, an anti-money laundering flavour to them.
Five myths of resignations download
There are many myths surrounding resignations. In this briefing, Gateley lays some of these myths to rest.
The Flexible Working Regulations 2014 come into force on 30 June 2014.This extends the right to request flexible working to all employees with 26 weeks’ continuous service.
On 30 June 2014, the right to request flexible working will be extended to all employees with 26 weeks’ qualifying service.
All employees can ask for flexible working from 30 June. Here are Shoosmiths’ top three tips for avoiding the doom and riding the wave as smoothly as possible.
Following loss before the Supreme Court, Aereo ‘astonishes’ broadcasters with new legal strategy download
Aereo has asserted in federal district court that it is entitled to a compulsory licence to carry over-the-air broadcasts under §111 of the Copyright Act.
In autumn 2011, Thailand suffered severe floods. Among the properties damaged were shops and distribution centres owed by a subsidiary of Tesco.
Food and Beverage News and Trends — 27 June 2014: FDA clarifies its stance on cheese making; and more download
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.
Currently, users of the Companies House portal are required to pay to view and download certain company documents.
Islamic finance is booming. Sharia law essentially prohibits investments in certain sectors considered as illicit (‘haram’) and the payment and receipt of interest (‘ribha’).
Head of financial regulatory
Minter Ellison financial services partner Richard Batten has welcomed the FSI Interim Report as a comprehensive survey of all issues affecting Australia’s financial system.
Head of data protection and privacy
Food and drink businesses that have headquarters in Switzerland or commissionaire arrangements are likely to be affected by the changes.
A new derivative reporting regime will commence in Australia in 2015.
The Corporations Amendment (Streamlining Future of Financial Advice) Regulation 2014 was made on 26 June and registered on 30 June.
From 1 June 2014, GAFTA standard form contracts have adopted new provisions relating to force majeure events.
Gambling on title download
A thorny issue in administrations, and liquidations for that matter, is the question of retention of title.
The energy sector today is faced with a host of challenges and opportunities as it navigates the globalisation of the industry.
Head of IP and litigation
Gateley has advised on the sale of retail development site Albion Place in Skipton town centre to independent fund management business Mayfair Capital.
Gateley has augmented its pensions team in Birmingham by appointing partner Kate Lloyd, who will be welcomed into the team on 11 August 2014.
Gateley’s banking and finance team has advised on a recent deal that saw Bridgnorth Aluminium secure £62m in funding from the Birmingham office of Lloyds Banking Group.
Gateley has made promotions in numerous practice areas. They include seven promotions to associate, seven to senior associate and two to legal director.
Gateley has promoted commercial dispute resolution lawyer Claire Herbert to associate. Herbert works between Leicester and London.
Gateley has announced one hire and two promotions across the Leicester and Nottingham offices.
George Clooney has released a long statement condemning the Daily Mail for what he claims was a ‘completely fabricated’ article about his fiancée Amal Alamuddin’s mother.
The German automotive group ATU has achieved a restructuring of its finances via a UK administration and pre-pack sale.
Germany: Federal Cartel Office and courts make Adidas, ASICS and Casio drop ban on online marketplaces download
Renowned brands Adidas, ASICS and Casio must allow their approved resellers to use internet auction sites and online marketplaces to resell their goods.
Now that the 2014–15 Ontario budget has been passed, Ontario employers should think about how the new Ontario Retirement Pension Plan could affect them.
The TCC has considered the principles relating to contract formation in the context of an application by the claimants for summary judgment in respect of their claim for damages to be assessed.
Getting it right: how to make a successful application for the appointment of provisional liquidators download
The main job of a judge is to determine and uphold rights of property ownership, so applications to appoint provisional liquidators tend to go against the judicial grain.
Gillian Duffy has joined Schillings as a senior associate, making her the latest addition to join the firm’s expanding reputation defence practice.
Glasgow 2014 — a local legacy download
At 08:45 on 24 July, after eight years of planning, sports at the Glasgow 2014 Commonwealth Games kicked off with lawn bowls.
The recovery in global M&A markets is developing a broader base, according to Allen & Overy’s latest M&A Index.
Goodman Derrick has been commissioned to assist in the establishment of IMPRESS: the Independent Monitor for the Press.
Partner and head of employment
This edition of Governance News provides a synopsis of Minter Ellison’s weekly summary of corporate law and governance developments in Australia and overseas.
The government has published a response to its consultation on the radical changes to the pensions system announced as part of the Budget 2014.
The government has launched a consultation on stamp duty land tax rules for property authorised investment funds and co-ownership authorised contractual schemes.
Government loses workfare case download
Thousands of jobless claimants denied benefits under flagship back-to-work schemes could be in line to share £130m in compensation.
The government has published its proposals for the reclassification of occupational pension schemes in the Pension Schemes Bill.
The government has published its response to the ‘Freedom and choice in pensions’ consultation. Individuals aged 55 or over will be able to access their entire DC pension flexibly.
The government has published its response to the consultation on how mandatory equal-pay audits will operate, together with the draft regulations that will govern the new system.
The government will ban the use of ‘exclusivity clauses’ — which provide that the employee is not entitled to work for another employer.
Partner and head of real-estate disputes
The Luxembourg Parliament has approved the bill of law on a sale and buy-back transaction of real-estate assets to a wholly owned special-purpose vehicle.
GRATA Law Firm’s Eldar Ziatdinov has spoken at a seminar entitled ‘Ways to effectively conduct business with Kazakhstan: secrets of success’.
Yana Dianova of GRATA took part in the meeting of the Expert Council for Competition Promotion in Social Sphere and Health?are.
Various amendments have been made to the Planning (Listed Building and Conservation Areas) Act 1990.
Grey practices tend to fuel fraud and corruption that can pose serious legal, commercial and reputational risks to companies that are not alert to the dangers.
As spending on pharmaceutical R&D continues to soar, executives, shareholders and analysts alike are entitled to ask: what value are we getting for our investment?
On 7 July 2014, the government published details of the first wave of Growth Deals.
The ATO has issued a new goods and services tax (GST) determination, GSTD 2014/3, relating to GST and rental guarantee arrangements.
Walker Morris has been ranked as one of the UK’s top graduate employers in the latest Guardian UK 300 listings.
Many parents fail to consider who would take care of their children if they were not able to. The topic often sparks disagreement between parents.
Defamation is a serious allegation and there are strict rules about how parties should make such a claim in formal legal proceedings.
In Germany, new rules specifically designed to regulate the limits of working hours in the offshore industry came into effect on 1 August 2013.
Health Alert — Angelos v Minister for Health; Wilson v Western Health; Brunswick Family Dental Pty Ltd v Dr Enegd; and more download
DLA Piper has released the 14 July 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — Ladhams v Medical Board of Australia; Chaudhry v Medical Board of Australia; and more download
DLA Piper has released the 21 July 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — Lane v Northern NSW Local Health District (No 3); Psychology Board of Australia v Tubara; and more download
DLA Piper has released the 28 July 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
DLA Piper has released the 7 July 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — Wong v Sklavo; O'Connell v Barnett; Continence Aids Payment Scheme Variation 2014; and more download
DLA Piper has released the 30 June 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
What is the result of the Crown’s failure to properly plead its assumptions in the reply? This issue was considered by the Tax Court in Health Quest v The Queen.
At Kemp Little, we have helped to drive the adoption of technology and data analytics as well as providing advice to life science companies supplying the sector.
DLA Piper has announced that Hervé Israël has joined the firm’s tax practice as a partner in Paris.
High Court allows application for permission to bring judicial review proceedings relating to the jurisdiction of the FOS download
Sarah Hitchins considers the High Court’s decision to allow an application for permission to bring judicial review proceedings relating to the jurisdiction of the FOS.
High-frequency trading is the trade of securities (such as stocks) in a matter of microseconds.
Hillcrest Homes Ltd v Beresford and Curbishley Ltd — further uncertainty over scope of adjudicator’s decision? download
The recent case of Hillcrest Homes Ltd v Beresford and Curbishley Ltd has caused some controversy in the legal market.
HMRC’s crackdown on anti-avoidance schemes is set to intensify over the summer months.
HMRC in VAT surrender download
HMRC has finally confirmed that the surrender of a lease subject to tenancies can constitute a ‘transfer of a going concern’ with the result that no VAT is payable.
Calculating holiday pay is proving to be a hot topic at the moment, with recent employment tribunal and European court decisions hitting the headlines.
In Lock v British Gas, the European Court of Justice decided that holiday pay under the Working Time Directive has to include commission if salary is made up of commission.
Holiday pay to include commission download
When calculating statutory holiday pay for their employees, UK employers need to take into account not just their basic pay but also contractual commission.
The US House of Representatives has passed HR 3696, the National Cybersecurity and Critical Infrastructure Protection Act.
New figures from the Office for National Statistics (ONS) have found that house prices rose by 10.5 per cent year on year for the 12 months to May 2014.
The Chancellor of the Exchequer has announced that the government would be ‘removing all obstacles that remain to development on brownfield sites’.
A recent High Court case has considered the possible ways of interpreting the words ‘the purpose’ in a contract between a seller and a buyer of a business.
How far does associative discrimination extend beyond direct discrimination and harassment? download
Russell Holland and Russell Bailey consider the impact of the recent decision of the Court of Appeal in Hainsworth v Ministry of Defence.
You’re finally lying by the pool and your phone rings. It’s the office and they need you to sign some urgent documents.
The EAT has held that a grievance outcome letter sent from an HR Officer was capable of binding the employer to a new pay grade.
HS2 Action Alliance has won the right to be heard in Parliament and the UNECE Aarhus Convention Compliance Committee.
Alan Jolliffe, personal injury solicitor at IBB Solicitors, has discussed the Mesothelioma Act 2014 in the The Personal Injury Brief Update.
Irina Kirichenko gave a presentation titled ‘Forensics in the disputes on intellectual property rights protection in the field of pharmaceuticals’ at IPF 2014.
Walker Morris looks at the immigration changes and what employers need to know.
There have been a number of changes to immigration-checking rules for employers.
Implications of the Intellectual Property Act 2014 for businesses — guidance published on 30 June 2014 download
Following the passing of the Intellectual Property Act 2014, the Intellectual Property Office has issued some useful guidance on its implications for businesses.
Implied duty of co-operation in shipbuilding and offshore construction contracts — a change in the law?
In any construction project, a degree of co-operation will be required between the buyer and the builder to facilitate successful completion of the project.
The government has been consulting on broadening the scope of the Bolar exemption.
Ince & Co has worked with Jefferies in advising a group of ship owners with vessels on long-term charter to Israeli box line ZIM on its $3bn restructuring.
InCredit — July 2014: Small Business, Enterprise and Employment Bill 2014–15; ring-fencing update; and more download
Addleshaw Goddard has released the 7 July 2014 issue of its InCredit publication.
Lesley Farrell, partner at Eversheds, has commented on the news that UK banks are facing a full-scale CMA probe.
In an effort to jump-start a weak economy, the Indian government’s Union Budget adopts several new measures while taking a balanced approach.
You don’t have to look far to see infrastructure investment in the north is not at the level it should be.
Insolvency litigation briefing — July 2014: report and review on the latest cases and issues download
Wragge Lawrence Graham & Co’s insolvency litigation team brings you its monthly update on the cases and issues affecting the insolvency and fraud investigation industry.
Insolvency litigation briefing: insolvent company brings claim for breach of fiduciary duties and dishonest assistance; and more download
Wragge Lawrence Graham & Co brings you its monthly update on the latest cases and issues affecting the insolvency and fraud investigation industry.
Mr Justice Field, sitting in the Commercial Court, has had to consider the meaning of the phrase ‘proper and business-like’.
InSure — July 2014: FCA review into insurance price-comparison websites; Insurance Bill introduced; and more download
Addleshaw Goddard has published the July 2014 issue of its InSure publication.
On 24 June 2014, Governmental Decree no. 91/2014 (the so-called ‘Competitiveness Decree’) was published in the Italian Official Gazette.
Businesses often have limited budgets, and our goal is to enable clients to maximise the return on their investment in intellectual property cost effectively.
The Inheritance and Trustees’ Power Bill received royal assent on 14 May to become the Inheritance and Trustees’ Power Act 2014.
InVest — July 2014: round-up of developments affecting banks, wealth managers, brokers and funds download
Addleshaw Goddard has released the July 2014 issue of its InVest publication.
Investment Management Update — 4 July 2014: FCA Handbook Notice 13; ESMA updates Q&As on AIFMD; and more download
Macfarlanes has released the 4 July 2014 issue of its Investment Management Update.
Investor Daily has cited Minter Ellison’s client alert ‘FOFA regulations finally made’ prepared by financial services specialist partner Richard Batten.
Intellectual property (IP) lawyers at Shoosmiths have contributed to a number of cases in a new book about landmark European decisions.
IP rights in data download
Copyright, database right, confidentiality and trademarks are all relevant when considering how data could be protected.
It’s been a great few weeks for tech manufacturer GoPro. The tech manufacturer held its IPO on 26 June 2014 and priced its shares at $24.
On 11 July 2014, the Polish Parliament adopted the draft of the bill to amend the environmental law and certain other acts.
At the end of November 2013, the P5+1 reached an agreement with Iran to suspend certain EU and US sanctions against Iran in return for a curb on Iran’s nuclear programme.
The IRS has issued final regulations that permit employers and IRA providers to offer ‘qualified longevity annuity contracts’ or ‘QLACs’ under defined-contribution plans and IRAs.
A seven-year battle between Karen Millen and Dunnes Stores looks set to be nearing an end after the European Court of Justice ruled in favour of Karen Millen.
No, according to the EAT, in the case of a group of agency workers who were assigned to one hirer for periods ranging from between six and 25 years.
Is an agreement to have ‘friendly discussions’ before going to arbitration or litigation enforceable? (It can be...)
In Emirates Trading Agency v Prime Mineral Exports, the court had to examine the dispute resolution procedures agreed by the parties in their contract.
The Law Commission has issued its report on the fiduciary duties of investment intermediaries. The focus of the report is on pension scheme trustees.
Is it correct that a contract can only be implied between an individual worker and an end user where it is necessary to do so? download
A contract can only be implied between an individual and the end user where it is necessary to do so in order to give effect to the reality of the relationship.
The High Court has considered whether a claimant waived privilege in confidential documents simply because they had been seen by someone other than the claimant and his lawyer.
Is obesity a disability? download
The question of whether obesity constitutes a disability was recently considered by the advocate-general of the Court of Justice of the European Union.
It looks as if for some the ‘right to be forgotten’ may quickly become a sure-fire way of being remembered.
Michael Hughes reports on the decision of Justice Davies in the Federal Court of Australia refusing ASIC’s application to remove liquidators appointed to two companies.
The Court of Appeal has outlined the approach that should be taken by the court when a party seeks relief from a sanction that has been imposed for a failure to comply with any rule or court order.
In March 2013, the Guernsey Royal Court in Jackson v Dear et al provided clarity in relation to an intriguing area of company law, namely the derivative claim.
Japan’s prime minister Shinzo Abe is considering reducing the corporate income tax rate to a ‘competitive rate in the global market’ in the near future.
The standard JCT forms of contract include provisions relating to defects that come to light during the rectification period.
Companies established in the Jebel Ali Free Zone can now apply to list shares on NASDAQ Dubai.
The current insolvency regime in Jersey can be traced back to the 18th century.
The Court of Appeal has overturned a High Court judge’s decision to add words to a non-compete restriction, which had originally offered the employer very little protection.
The same day he took the reins as chief judge for the District of Delaware, Judge Leonard P Stark substantially overhauled his patent practices.
The family team at No5 Chambers has welcomed back Juliet Allen.
Justice secretary Chris Grayling will hear his new Social Action, Responsibility and Heroism Bill 2014–5 debated in the House of Commons on 21 July 2014.
The third consecutive Summit 100 recently took place in Cavtat, Croatia. Dragan Karanovic, managing partner at Karanovic & Nikolic, attended the event.
Agrokor Group and the consortium of sellers of Mercator have announced that all of the preconditions for the transaction have been satisfied.
Karanovic & Nikolic’s Stevan Dimitrijevic participated in a panel of experts dealing with matters relating to regional energy projects at the Balkan Legal Forum in Vienna.
Karanovic & Nikolic’s traditional summer internship programme has begun. Four candidates are to spend one month working as trainees in the Belgrade office.
The Republic of Kazakhstan has unilaterally introduced a visa-free regime for the period from 15 July 2014 to 15 July 2015 for the citizens of 10 countries.
DLA Piper has announced that Kevin Finger and Jeffrey Torosian will join the firm’s litigation practice as partners in the Chicago office.
Khaitan & Co has advised E2open on all Indian-law-related aspects in relation to its acquisition of Serus Corporation USA for up to $26m.
Khaitan & Co has advised Foliage Software Systems Business Trust in relation to its acquisition by Altran Solutions Corp.
Khaitan & Co has advised Meiji Seika Pharma Co in relation to its acquisition of Medreich India and its subsidiaries.
Khaitan & Co has advised Mizuho Bank in relation to an external commercial borrowing of $250m granted to Oil India for funding its domestic capital expenditure requirements.
Khaitan & Co has advised Morgan Stanley India Company in relation to an offer for the buy-back of up to 14.98 per cent of the equity share capital of Cairn India.
Khaitan & Co has advised Rexam on the India leg of the transaction in relation to sale of its containers and closures division of its healthcare business to Berry Plastics Group.
Khaitan & Co has advised Weener Plastik (‘WEENER’), Germany, in relation to a 100 per cent acquisition of Weener Empire Plastics.
Khaitan & Co has advised Aditya Birla Nuvo and its subsidiary ABNL IT & ITeS in relation to divestment of their entire shareholding in Aditya Birla Minacs Worldwide.
Khaitan & Co has advised Foliage Software Systems Business Trust in relation to its acquisition by Altran Solutions Corp.
A team of barristers from Kings Chambers, along with former member HHJ Nigel Bird, have completed 60 miles of cycling from Manchester to Blackpool.
A team from Kings Chambers recently completed the 26-mile Great Manchester Cycle to raise funds for the Child Brain Injury Trust.
Kings Chambers has welcomed Richard Borrett as a full member of Chambers. Called in 2009, he joins from 3 Paper Buildings.
Despite the council originally refusing the application, Giles Cannock of Kings Chambers has secured permission for Gladman Developments.
Knock-for-knock liability in the offshore wind farm sector: why is it important and what issues do you need to be aware of?
This article explores the knock-for-knock regime, highlights the key advantages of it and looks at some issues that parties should be aware of when drafting their contracts.
KPMG has commented following the IASB’s issuance of the fourth and final version of its new standard on financial instruments accounting — IFRS 9 Financial Instruments.
Kyiv Tax Newsletter — limitation of interference in activities of business entities; taxation of income from capital; and more download
Dentons has released the latest issue of its Kyiv Tax Newsletter.
In the ongoing battle against the burden of ‘empty property rates’, a further blow has been dealt to landlords in a recent court case.
In Schroder Exempt Property Unit Trust v Birmingham City Council, the tenant went into liquidation and ceased to occupy the property. The liquidator then disclaimed all interest in the lease.
The two cases discussed in this briefing concern opposition to lease renewals on the grounds of the tenant’s breach of covenant.
Letter from Europe: the TAKE OFF campaign — Cavalli-er attitude or religious hyper-sensitivity? download
Demonstrators from a religious order are protesting Cavalli’s use of a design that they claim is demeaning of their religious symbol.
When, if ever, can ‘industry practice’ be used in interpreting contracts? That question is of particular relevance in the entertainment industries.
The UK Supreme Court has recently ruled in the case of Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland).
In Chandler v Cape, it was held that a parent company owed a direct duty of care to an employee of a subsidiary who contracted asbestosis.
Light relief — Denton v TH White download
Ben Pillbrow looks at whether the Court of Appeal’s latest stab at providing clearer guidance on the standards to be applied in assessing applications for relief represents a leap forward.
Organisations need a comprehensive cloud ESI collection strategy to prepare for litigation, investigations and regulatory compliance.
The Office for National Statistics has estimated that 465,500 people were aged 90 or above in 2012 (33 per cent higher compared with the previous decade).
Lloyds Banking Group has agreed to pay a total of £217m in fines to regulators in the UK and the US for their part in rigging sterling Libor submissions.
LLP member is a ‘worker’ download
A member of an LLP is a ‘worker’ within the meaning of the Employment Rights Act 1996 and therefore qualifies for whistleblowing protection.
Dentons’ employment team considers the impact of the Clyde & Co v Bates van Winkelhof case on LLP pension provision.
Lee Alexander and Philip Angeli look at the key points in a proposed Department of Energy rule change.
Swallowfalls v Monaco Yachting provides further support for the construction of contracts in the manner most consistent with ‘commercial common sense’.
Loan Market Association update download
The Loan Market Association has made several announcements recently.
There has been a recent trend towards lock-up agreements being waived by the bank in whose favour they are given before the stated expiry date. The ABI has expressed concerns about the recent increased frequency of such waivers.
CSSF has received a total number of 773 applications submitted according to the law of 12 July 2013 on alternative investment fund managers (AIFMs).
Robin Johnson, co-chair of cross-border M&A at Eversheds, has commented on news that the value of global M&A has hit $1.75tn in the first half 2014.
M&A Weekly Update: forced sale of shares does not qualify as ‘an offer to the public’ requiring publication of prospectus; and more download
Macfarlanes has released its M&A Weekly Update for the period 27 June to 3 July 2014.
Major changes ahead as Congress takes on the highway trust fund crisis — and looks to comprehensive tax reform download
Over the next two weeks, major decisions will be made affecting the legislative tax agenda for the rest of this session of Congress and, in the case of tax reform, for 2015.
As you structure the features of developer notes, the following principles may help you maximise their marketability.
Wildgen has announced that Emmanuelle Ragot, head of the IP/TMT practice group at Wildgen, has been named ‘IP Star’ by Managing Intellectual Property.
Ship operators trading to Ukraine now face a potential problem of falling foul of international/European law on the one hand and Ukrainian law on the other.
Martin Retail Group Ltd v Crawley Borough Council: the Competition Act 1998 ‘lands’ a council with a problem
The Central London County Court has ruled that a restriction on use in a lease breaches the Chapter I prohibition of the Competition Act 1998.
The government has recently announced that it will remove the £5,000 upper limit on fines imposed in the magistrates’ courts.
Memery Crystal has been named Litigation Team of the Year at The Lawyer Awards 2014 for its litigation success on behalf of Gulf Keystone Petroleum.
New figures released by the Health and Safety Executive have indicated that the number of cancer deaths in the UK caused by asbestos exposure is continuing to rise.
MiFID 2 is likely to have significant consequences in Switzerland, in particular among Swiss banks, securities dealers and independent asset managers.
This note considers what a MAC clause is and when it is used, highlights recent case law and offers some tips for those involved in reviewing or negotiating MAC clauses.
Asaleo Care, advised by Minter Ellison, has completed its initial public offering (IPO) of shares and listing on the Australian Securities Exchange.
Baosteel Resources Australia and Aurizon Operations recently announced a joint conditional off-market takeover offer for all of the outstanding ordinary shares in Aquila Resources.
The Fu Wah International Group has added Melbourne’s iconic Park Hyatt Hotel to its extensive portfolio, paying AUD130m for the property.
Trustpower has emerged as the successful bidder for a suite of green power assets of the New South Wales government.
Minter Ellison has announced a range of senior appointments, including eight new partners, five special counsel and 25 senior associates.
Andrew Corletto has joined Minter Ellison SA/NT as a partner. Corletto is an experienced corporate, energy and resources lawyer with more than 25 years in practice.
Following last year’s judgment that Bristan had infringed Mira’s UK unregistered design rights, the parties were back in court this year for the damages enquiry.
Mirna Lalic-Milanovic, in co-operation with Karanovic & Nikolic B&H, has been elected as the president of the board of governors of AmCham in Bosnia & Herzegovina.
A recent mis-selling case (Kays Hotels Ltd v Barclays Bank plc) has two concerning new developments.
After eight months of uncertainty and legal angst, the Court of Appeal has clarified the Mitchell guidance.
Last December, bitcoin prices plummeted by nearly half, after Chinese authorities banned all financial institutions in China from engaging in bitcoin-related business.
Mobile payments has been heralded as a growth area in technology, retail and financial services for some time now.
A series of laws and regulations have been promulgated to introduce the capital subscription system and remove the paid-in capital registration system.
Money purchase deconstructed: working with the new definition — a checklist for trustees and administrators download
The definition of money purchase benefits is changing, as are the rules on how schemes are required to deal with any benefit that becomes classified as a ‘non-money purchase’.
Obesity is a growing problem in modern society. For the first time, the European Court of Justice is considering issues concerning obesity-based discrimination.
Eversheds partner Stuart Andrews has commented on news that the new oil and gas regulator created for the UK North Sea will also have powers over onshore activities.
This briefing focuses on the case of Taylor Fladgate & Yeatman Ltd v Comptroller of Taxes.
The States of Jersey have passed an amendment to the Employment (Jersey) Law 2003, incorporating a number of ‘family-friendly’ rights into the legislation.
Mourant Ozannes has advised venture capital firm Emerald Technology Ventures on the addition of three new investors to the Emerald Cleantech Fund III.
Mourant Ozannes has advised Canadian investment holding company Endiang Holdings on its acquisition of ARC Group.
Mourant Ozannes has advised Heritage Oil on its takeover by Energy Investments Global, a wholly owned subsidiary of Al Mirqab Capital SPC.
Mourant Ozannes has been named as one of the top offshore law firms in the world, coming runner-up in the category of Offshore Firm of the Year at The Lawyer Awards.
Mourant Ozannes has announced it will sponsor an evening film screening of Elektro Moskva as part of Jersey’s 2014 Branchage festival.
This paper outlines the key benefits of multi-sourcing, the challenges and risks and the options available to customers to manage these risks.
Head of commercial technology
Nabarro has advised a consortium of brokers in relation to the £65m cashbox placing by Faroe Petroleum.
Nabarro has advised Swedish engineering company Indutrade on four strategically significant acquisitions.
Nabarro has advised Oriel Securities, a long-standing client of the firm, on the initial public offering (IPO) of Secure Income REIT.
DLA Piper has been recognised for its property strategy implementation by National Grid in its annual property awards, in a ceremony held on 2 July 2014.
HMRC has ruled that around 3,000 home care staff should receive a share of £600,000 in unpaid wages after their employer had not paid them for time spent travelling between care visits.
NCTM has represented BD Group Industries — a worldwide energy solutions provider — in the acquisition of a majority stake in Sagemis International.
Neil Hudgell Solicitors has won €1.75m for engineer Hendrik Donkers, who lost two limbs in an accident that took place as he went to service a tyre below an aircraft’s nose.
One of the most attractive features of doing business in the Netherlands is the possibility of obtaining an advance tax ruling (ATR) and/or advance pricing agreement (APA).
More insurance companies with a physical presence and long-term plans to grow are forming in Bermuda, according to Conyers Dill & Pearman.
The New Blue Guide updates the ‘Guide to the implementation of directives based on the New Approach and the Global Approach’ published in 2000.
This article looks at the principles set under the new code of practice for funding defined benefits.
The Commission de Surveillance du Secteur Financier (CSSF) circular 14/587 was issued on 11 July 2014.
New CSSF Circular regarding the protection of investors in case of a material change to an open-ended UCI download
The CSSF requires that sufficient time shall be provided to the investors in case of a material change to an open-ended UCI.
CSSF circular 14/589 provides details regarding the provisions applicable to professionals that entered into force on 1 July 2014.
The background to the Pensions Regulator’s Code of Practice is the new statutory objective ‘to minimise any adverse impact on the sustainable growth of the employer’.
For the first time in more than 30 years, the Equal Employment Opportunity Commission (EEOC) has overhauled its guidance on pregnancy discrimination issues.
A new EU regulation on the provision of food information to consumers consolidates and updates two areas of labelling legislation into a single text.
On 1 July 2014, BIS published new guidance on how to apply the new EU General Block Exemption Regulation.
The Court of Appeal has given further guidance on how relief from sanctions applications under CPR 3.9 should be dealt with.
It is now more difficult for a non-resident to acquire agriculturally zoned land suitable for the cultivation of soil and the raising of livestock.
The DCLG has published revised criteria for deciding which local planning authorities are to be regarded as ‘poor performers’ in relation to their handling of planning applications.
SAFE has announced reforms to its foreign exchange administration in order to make it easier for Chinese individuals and companies to invest abroad.
On 16 July 2014, the US Treasury Department’s Office of Foreign Assets Control unveiled new Ukraine-related sanctions.
The Croatian Ministry of Justice has recently changed its practice and has begun consenting to the purchase of real estate in Croatia by Russian citizens.
New Ukraine/Russia sanctions download
The OFAC has imposed a new set of ‘sectoral sanctions’ against two Russian energy firms and two Russian banks pursuant to Executive Order 13662.
Starting on 1 April 2014, the New York estate tax exemption (in addition to amounts passing to, or to a qualifying trust for, a surviving spouse or a charity) was increased from $1m to $2m.
In a move widely seen as inevitable, the NYDFS has released draft regulations for the establishment of a ‘BitLicense’ to govern virtual currency financial services.
An analysis of reporting incidents has shown that 29 out 141 trusts did not record the expected number of safety incidents.
Colchester Hospital has awarded a nine-year-old girl a £5.5m compensation package after delays in treating her meningitis when she was a baby left her with brain damage.
A court has confirmed that the ability to work night shifts was a genuine occupational requirement for a registered nurse who was engaged in roles that provided 24/7 care.
DLA Piper has received the 2014 Beacon of Justice Award from the National Legal Aid & Defender Association (NLADA).
The Court of Appeal has held that an employer has no duty to make reasonable adjustments for a non-disabled employee associated with disabled people.
California’s CMIA provides that an individual may recover $1,000 nominal damages based on the negligent release of information by a healthcare provider or other covered party.
A shadow director is a ‘person in accordance with whose directions or instructions the directors of a company are accustomed to act’.
Carol Knotts, personal injury and clinical negligence barrister at No5 Chambers, has sold the white dress featured in the 1970s Athena Tennis Girl poster at auction.
Richard Kimblin and Nina Pindham from No5 Chambers appeared on behalf of the respondent, Herefordshire Council.
On 2 July 2014, the secretary of state issued his decision on two appeals against the Wychavon District Council’s refusal of planning permission for two large housing schemes.
No5 Chambers barrister Ian Brownhill has acted in the inquest into the death of Edward Ham, a prisoner at HMP Oakwood.
Mrs Justice Patterson (Planning Court, sitting in Birmingham) handed down judgment in R (IM Properties) v Lichfield District Council on 18 July 2014.
Manjit S Gill QC, Ramby de Mello and Danny Bazini of No5 Chambers have appeared in a case concerning family migration and the minimum income threshold.
Ian Dove QC and Nina Pindham from No5 Chambers have secured planning permission and a partial costs award for a site in Northumberland.
No5 Chambers barrister Jack Feeny has been interviewed by Iain Lee on the BBC Three Counties Breakfast show about an employment tribunal case he was involved in.
No5 Chambers clerk Jamie Tucker will be running the Putney & Fulham Riverside Half Marathon on 31 August to raise money for the London Legal Support Trust.
The Anthony Barker QC Memorial Shield, a cricket tournament organised by No5 Chambers, was held at Brislington CC in Bristol on 20 June 2014.
No5 Chambers won the Chambers of the Year 2014 accolade for the first time at The Lawyer Awards, which took place on 26 June at the Grosvenor House Hotel in London.
A team lead by Martin Kingston QC has succeeded in obtaining planning permission for a 330,000m² strategic rail freight interchange (SRFI) in the green belt in Hertfordshire.
No5 Chambers sponsored the Birmingham Law Society Summer Carnival, which took place at Aston Villa on 11 July.
No5 Chambers recently supported the annual UKELA Moot Competition. Tim Sheppard compiled the problem for teams to address for the final rounds.
Peter Goatley of No5 Chambers has obtained planning permission on behalf of Gladman Developments for 150 new homes at Leonard Stanley in Stroud District.
Jas Mann has defended Kevin Powell, 48, from Bilston, who has been found guilty of four charges of indecent assault relating back to when he was 12 years old.
No5 Chambers has announced that associate tenant Jeremy Wright MP has been appointed to the post of attorney-general.
No5 Chambers has announced that Jonathan Shaw is now an accredited mediator.
Michael Anning of No5 Chambers has defended Jack Phillips, who has admitted robbery and possessing a firearm and has been spared jail.
Michael Duck QC of No5 Chambers has defended Alan Marks, 65, of Shottery, who has been found guilty of dangerous driving.
Richard Gibbs from No5 Chambers is defending one of three defendants charged as part of a £1.6m conspiracy to evade tax on the importation of tobacco.
S Chelvan from No5 Chambers has been interviewed for the Outlook programme on BBC World Service.
No5 Chambers’ Sarah Buckingham has prosecuted Marcus Marcussen, 91, of Rochford, Worcestershire.
Satinder Hunjan QC, head of the clinical negligence group at No5 Chambers, has accepted an invitation to become the patron of the Child Brain Injury Trust.
Richard Hignett has successfully represented a small employer at the Birmingham Employment Tribunal, securing a sizeable costs award.
Barrister Charles Crow from No5 Chambers has won an unfair and wrongful dismissal claim for a top surgeon.
Mark Browne, from Lincoln, died in 2012 aged 46 after his GP, Dr Nicholas Smith, failed to detect that he had symptoms of rectal cancer.
Barrister Nageena Khalique from No5 Chambers has represented the protected party (N) in United Lincolnshire Hospitals NHS Trust v N.
No5 Chambers barrister Paul Marshall recently moderated at IBC Legal’s recent forum on anti-money laundering and compliance.
Each EU member state has been given until 22 July 2013 to implement the AIFMD into national law.
Investment in US real estate by non-US investors is increasing.
Not just a matter of terminology: disclosure between the US and UK is redefining the role of legal counsel download
Cory Birenbaum and Rod Anderson outline how general counsel and their advisers can prevent their employers from falling afoul of US judges.
Earlier this month, frozen food retailer Iceland Foods announced that it had refinanced its existing debt with a high-yield bond issue and a super-senior revolving credit facility.
There were some very clear and succinct messages to emerge from the keynote addresses at the inaugural Made in the UK Conferences & Exhibition.
A case is currently being considered by the Court of Justice of the European Union concerning obesity and a ruling is expected shortly.
Obesity: the new disability? download
With NHS statistics suggesting obesity levels are increasing, a recent case has looked at whether obesity can amount to a disability and come within discrimination provisions.
On 18 July, Ofcom published a consultation document proposing important changes to the TV advertising rules.
Ogier has advised R&R Ice Cream on the Jersey aspects of its acquisition of Peters Food Group in Australia for an enterprise value of AUD440m.
Ogier Corporate Administration has received approval to its variation of regulatory permission application to act as a trustee or depositary of an AIF.
Ogier Legal has acted as Jersey legal adviser for Index Ventures in relation to the establishment of its latest fund, Index Ventures VII, which recently closed at €400m.
The Prudential Insurance Company of America recently completed a large longevity risk transfer transaction, having reinsured longevity risk of the BT Pension Scheme.
Ogier Legal has announced that four Channel Islands-based lawyers were promoted on 1 August as part of a continued investment in training.
Ogier Fiduciary Services has partnered with QIC to create a successful share plan that helps motivate, retain and incentivise employees.
Head of outsourcing
The internet as confessional is perhaps a wholly new spiritual approach to how we treat online communities and raises important legal issues for website users and hosts.
A new Ontario Bill will give unpaid trainees the protection of the Occupational Health and Safety Act.
A new Ontario Bill will make employers liable for the WSIB costs of injured agency employees working for them.
Ontario’s New Human Rights Policy download
In June, the Ontario Human Rights Commission released a new policy entitled ‘The Policy on Preventing Discrimination Based on Mental Health Disabilities and Addictions’.
The Court of Appeal has provided useful guidance as to when a landlord may justifiably oppose a tenant’s lease renewal under the Landlord and Tenant Act 1954.
Patrick Sadd and Harriet Jerram from Outer Temple Chambers (OTC) are acting as co-counsel to the Independent Jersey Care Inquiry.
On 18 June, Outer Temple Chambers hosted a roundtable forum of experts to discuss the Treasury’s consultation paper on enforcement decision making.
Outer Temple Chambers’ John McKendrick has appeared for applicant health bodies and a local authority in complex proceedings before the Court of Protection
This is an Australian-specific alternative chapter on data protection, which was designed to assist organisations operating in Australia with their new privacy responsibilities.
Richard Adkinson considers the ruling of the First Chambers of the CJEU in Gülay Bollacke v K + K Klaas & Kock BV & Co KG.
The Lawyer Research Service has conducted a survey to identify exactly how much time and money is currently being spent on paper trial bundles.
The case upon which the advocate-general delivered his opinion concerns Johan Deckmyn of the right-wing Vlaams Belang political party.
Making a CPR Part 36 offer is one of the most useful tools in litigation. But what happens when there are several defendants?
The High Court has made a practical decision to correct inaccurate terms in two pension agreements to reflect what the parties had originally agreed.
The IP Court of Milan has issued an important decision over patent claims reformulation during a validity proceeding.
The Supreme Court has issued a decision in a case of an employee who sought payment of a fair premium for an invention he created during his employment.
Karanovic & Nikolic partner Patricia Gannon has highlighted the many opportunities available to investors in the sustainable energy sector in the Balkans.
Penningtons Manches’ life sciences team has won GLE’s award for Life Sciences Law Firm of the Year in England 2014 in the Client Choice category.
This year is expected to be a bumper year for pension risk transfer in the UK.
The Pensions Regulator has issued a report outlining how it dealt with an employer that failed to meet its auto-enrolment deadlines and registration.
IBB’s developer clients are increasingly active in the market — particularly in mixed-use residential schemes. But sometimes issues will arise on a site.
The government has unveiled the detail of proposed new legislation that will require companies to keep a new register of persons with significant control.
Perspectives — Supreme Court rejects presumption of prudence for ESOP fiduciaries; and more download
This issue of Perspectives focuses on recent ERISA fiduciary and tax decisions, which have special importance to plan sponsors and plan fiduciaries.
PGPA starts 30 June 2014 download
The much anticipated Public Governance, Performance and Accountability Act 2013 (PGPA Act) came into effect on 30 June 2014.
Philippines president Benigno Aquino III has signed into law Republic Act 10641, ‘An Act Allowing the Full Entry of Foreign Banks in the Philippines’.
Pillsbury has announced the appointment of 10 partners to firm-wide practice and industry leadership posts.
Scott E Barat has been appointed to serve as managing partner of Pillsbury’s Northern Virginia office, located in Tysons Corner.
In this podcast, Paul Harris shares his thoughts and observations on the commercial world, and intellectual property in particular.
The EU Consumer Rights Directive required businesses across the EU to comply with its requirements from 13 June 2014.
Conventional wisdom suggests that when you hire a real-estate agent to list and sell your property, the agent gets its commission when you have an accepted offer and the deal is completed.
The list of ‘insolvency events’ suffered by an employer that are required in order to qualify a scheme for PPF entry does not include events occurring outside the UK.
The Pension Protection Fund (PPF) has issued a consultation paper on its plans for the PPF levy over the three years from 2015–16 onwards.
The new definition of ‘money purchase benefit’ came into force on 24 July.
What is behind the success of public-private partnerships (PPPs) and what is the potential for their future use in Africa?
Pre-filing and post-filing licence renewal announcement reminder for TV stations in certain states download
TV, Class A TV and locally originating LPTV stations licensed to communities in some states must begin airing pre-filing license renewal announcements on 1 August 2014.
Most enter into a life-long commitment with little regard for the financial consequences of their relationship breaking down.
Employers have a duty to prevent illegal working and are obliged to carry out prescribed document checks on individuals before they commence work.
Private equity funds are set to benefit from updates to the Cayman Islands exempted limited partnership law.
Procurement Pulse — in-house award to non-profit organisation; challenging a procurement process; and more
DLA Piper has released its Procurement Pulse publication for June 2014.
Wragge’s automotive specialists and Prof David Bailey consider the future of product recalls and what they may mean for the automotive sector in the US and the UK.
Kemp Little recognises that the use of technology in professional services firms is reaching a tipping point.
The number of prosecutions that the HSE takes each year as a consequence of injuries caused by inadequate guarding remains astonishing.
The chairman of the FCC has suggested that the private sector should take responsibility and accountability for managing cyber threats and risks.
The US Supreme Court has agreed to hear an appeal by plaintiffs whose antitrust claims over LIBOR manipulation were dismissed last year.
From 30 June 2014, the right to request flexible working becomes available to all employees.
Q&A: charities and property download
In this article, Lesley Robinson from Bates Wells Braithwaite answers frequently asked questions on the subject of charity and property.
Qatar has seen a positive step forward in the enforcement of arbitration awards.
Irvine Maccabe reviews new statutory provisions outlawing race discrimination in Jersey.
Collyer Bristow’s real-estate group continues to maintain its position as a leading full-service team.
Real-estate investment in Australia download
Australia offers a platform that allows new foreign investors to embrace the globalisation of real-estate capital with confidence.
Most businesses are now aware that all breaches of health and safety legislation are treated extremely seriously by the courts.
Rectification is about ‘putting the record straight’. That does not mean that the court can re-write history should one of the parties subsequently have a change of heart.
Rector Report on reforming reserve financing transactions: much work remains — six developments download
The PBR Task Force held a conference call to discuss comments to the modified recommendations to the report issued by Rector & Associates regarding reserve financing transactions.
After launching the Shanghai pilot free-trade zone nine months ago, the Shanghai government has released the 2014 Negative List.
Many landlords hold their properties personally. This means that income received on rental properties is charged at income tax rates of up to 45 per cent.
Company law contains a number of measures aimed at protecting the personal details of the individuals involved in a company (such as its directors and shareholders).
This memorandum has been prepared for the assistance of those who are considering registration of a foreign limited partnership in the Cayman Islands.
Earlier this month, the government named and shamed 25 employers who failed to pay their workers the minimum wage.
Relaxation of information and consultation requirements for micro-employers for transfers taking place on or after 31 July 2014 download
Regulation 13 of TUPE 2006 obliges employers to inform and consult with ‘appropriate representatives’ of the employees who are affected by the transfer.
A number of developers and private landlords have become unstuck by a little-known legal provision set out in the Greater London Council (General Powers) Act 1973.
Relief from sanctions download
The Court of Appeal delivers an important decision in the turbulent area of relief from sanctions for non-compliance with court rules or orders.
The last few years have seen a number of steps being taken to transform the planning system into a more transparent, efficient and locally driven process.
The European Market Infrastructure Regulation (EMIR) places reporting and risk mitigation requirements on pension scheme trustees entering into derivative contracts.
An employee has failed in his bid to persuade the Human Rights Tribunal that safety-related discipline against him was discriminatory under the Human Rights Code.
Reshuffles and ‘pale stale males’ download
The idea that the group of staff targeted represent the ‘pale stale males’ of an organisation may ring discrimination alarm bells for those in HR.
Service charge disputes are common in the landlord and tenant relationship, whatever the nature of the property being leased.
Non-competition restrictive covenants have been described by a leading judge as ‘the most powerful weapon in the employer’s armoury’.
Luxembourg is one of the leading domiciles worldwide for international investment vehicles.
Formal, court-driven restructuring proceedings are available into Luxembourg law, but for practical reasons, these are rarely used in practice.
Global Insight is a digital publication bringing you news, views and analysis from DLA Piper’s global restructuring group.
We have extensive experience of advising customers and suppliers in the retail sector on technology development, licensing and supply projects.
Under the provisions of the Marriage (Same Sex Couples) Act 2013, the government was required to conduct a review of survivors’ benefits in occupational pension schemes.
Revision of corporate exit tax rules download
The Luxembourg Parliament has adopted the law amending some tax provisions concerning the area of ‘exit tax’ in order to make the exit taxation compliant with EU law.
DLA Piper has announced that Rich Greenstein has been named chair of the firm’s US franchise and distribution practice.
Companies are being urged to take note of the new flexible working law, which gives all workers with at least 26 weeks of service the right to request flexible working.
Ring-fencing — the detail download
UK banks are now required to ring-fence their retail activities from wholesale and investment banking by protecting the provision of core banking services to retail and SME depositors.
In RiskMap 2014, Control Risks forecasts the major challenges and opportunities of doing business in the world’s most complex environments next year.
Partner and head of corporate/commercial
In Romania, a new law on employee inventions entered into force on 29 June 2014. The law abrogates former provisions on employee inventions set forthby the country’s Patent Law.
In recent years, the Competition Council has focused a significant part of its resources on the fight against bid rigging and also for its prevention.
Partner and head of financial disputes
Head of competition and associate
Employers should be aware of a number of recent developments in the employment law arena.
The Federal Circuit Court of Australia imposed fines on a company totalling AUD313,500 for sham contracting and related contraventions of the Fair Work Act 2009.
The Russian Parliament has just passed new rules requiring the personal data of Russians to be stored in Russia.
Russia sanctions update download
Following the downing of MH17, the EU has bolstered its stance against Russia and has increased sanctions on the state. However, tougher sanctions are being called for.
On 15 May 2014, Beijing-based attorney Cai Jiefeng from Dacheng was granted a lawyer’s licence from the Ministry of Justice of Russia.
Disciplinary letters issued to three members of a safety ‘policy committee’ were not retaliatory under the Canada Labour Code.
Stephenson Harwood has appointed Salem Chalabi as a partner in its Dubai office.
Sam Karim recently appeared in the Court of Protection in the case of County Durham & Darlington NHS Foundation Trust and PP.
Eversheds’ Hong Kong office has announced the appointment of partner Samuel Chau in the banking team.
Sarah Clover from Kings Chambers has been awarded approximately £30,000 in legal costs against the Metropolitan Police.
As of 1 July 2014, Saskatchewan employers who violate certain occupational health and safety laws may be issued a summary offence ticket.
Eversheds senior associate Muhammad Anum Saleem has commented on the opening of the Saudi Arabian stock market.
On 11 July 2014, the Supreme Court of Canada (SCC) released its decision in Grassy Narrows First Nation v Ontario (Natural Resources).
Schillings is proud to support Pitch @ Palace in recognising and encouraging UK entrepreneurial excellence.
Schillings partner Chris Scott and senior associate Jennie Sumpster have given evidence to the House of Lords EU Select Committee (Sub-Committee F).
Schoenherr has represented Carso Telecom, a wholly owned subsidiary of the América Móvil group, in its successful public takeover offer of Telekom Austria.
Schoenherr has advised Rasperia Trading on its exercise of a call option to purchase shares and increase its shareholding in Vienna Stock Exchange-listed STRABAG.
Scotland’s referendum is going to be held on 18 September 2014 and will decide whether or not Scotland ceases to be part of the UK, and perhaps the EU.
Law No. 23/2013 regarding the Customs Code of Senegal was adopted by the National Assembly of the Republic of Senegal in February 2014.
HR managers have to deal with a range of challenging situations, but senior executive hiring remains an area that is particularly fraught.
Allen & Overy has announced that Matthew Bathon has joined the firm’s global IP practice as senior counsel in the Washington DC office.
Two senior lawyers from Eversheds recently spoke at Practical Law’s inaugural Retail Law Forum.
Serbia: seconding Austrian nationals to work in Serbia and applying the Double Taxation Treaty between the two countries download
It is commonplace for foreign companies active in Serbia, including Austrian firms, to second their employees to the country via their affiliates or business partners.
Madarassey, Mezzoterro, Villalba: there was a time when the papers were full of reports of women with six-figure salaries taking on their employers in tribunal.
Shanghai: Chinese Supreme Court strengthens interpretation on respecting the independence of refund guarantees
The Chinese Supreme Court in November 2013 circulated a draft judicial interpretation dealing with cases in relation to independent guarantees.
Shepherd and Wedderburn has picked up the Competition Team of the Year title at The Lawyer Awards 2014.
The Shipping E-Brief is a quarterly publication providing information on key legal decisions and developments in shipping and related business areas.
Shoosmiths has acted for KBC Advanced Technologies in a multi-million-pound acquisition. KBC has purchased FEESA for a value of £11.2m.
Shoosmiths has advised SAL and REC shareholders on their sale to Concept Life Sciences.
Shoosmiths’ Adam Dowdney has advised the shareholders of Softbox Systems on the strategic majority investment by US private equity firm Great Point Partners.
Shoosmiths has bolstered its intellectual property offering with the hire of Olly Leyden, who was previously in house at NBC-Universal.
Shoosmiths has grown its real-estate team in Birmingham with the appointment of senior associate Brian Hession.
Shoosmiths, in conjunction with Ryder Marsh, recently hosted a health and safety event in collaboration with a top US institution.
Shoosmiths partner Laura Harper has been recognised as a top female business leader in Manchester by winning the Business Support Award.
Shoosmiths has helped long-standing client Regus launch its 300th location in the UK — at The Balance in Sheffield.
Shoosmiths has worked with longstanding client Scanlans Property Management to recover more than £4m of service charges and ground rent for its clients throughout the UK.
Ontario’s government introduced workplace legislation on 16 July 2014 that would affect five labour and employment statutes in the province.
Small Business, Enterprise and Employment Bill — corporate governance: proposals that all UK companies should be aware of download
The Small Business, Enterprise and Employment Bill is seeking to impose an obligation on all UK companies to create and maintain a register of beneficial ownership.
The Small Business, Enterprise and Employment Bill sets out a number of further reforms to the employment law landscape.
Smart redactions, smarter review download
Axcelerate 5 leverages modern web technology and intuitive controls for an easier, more engaging review experience with less toil and delay.
Our legal professionals work alongside social media providers and users in relation to commercial, privacy, data, advertising, intellectual property, employment and corporate issues.
The current lack of national uniformity in the Security of Payment system that adjudicates construction sector disputes results in a range of unnecessary costs that outweigh any commensurate benefits of the system.
In the diverse and rapidly changing software sector, our clients need informed and practised advice. They get this from Kemp Little.
The Development Bank of Southern Africa was created for accelerating sustainable socio-economic development and improving quality of life.
Sports, Media and Entertainment Intelligence — further restriction and rationalisation of Belgium’s gaming industry; and more download
Sports, Media and Entertainment Intelligence is the global monthly publication from DLA Piper’s sports, media and entertainment group.
Squatters’ rights — does crime pay? download
The High Court has recently held that an adverse possession claim can be based on criminal trespass.
The anthemic Stairway to Heaven, by Led Zeppelin, appears to be heading for the courts.
Stephenson Harwood has advised Acadia Healthcare Company, provider of inpatient behavioural healthcare facilities, on an agreement to acquire Partnerships in Care.
Stephenson Harwood has advised Cofely on its purchase of Lend Lease’s UK facilities management business.
Stephenson Harwood has advised easyHotel on its upcoming placing and admission to trading on the AIM market of the London Stock Exchange.
Stephenson Harwood has advised Sanditon Asset Management on the launch of its first investment trust.
Stephenson Harwood has welcomed the ruling of the General Court of the European Union that EU sanctions against National Iranian Tanker Company (NITC) are unlawful.
Stephenson Harwood’s Alexander Rush has commented on what trustees need to be aware of following HM Treasury’s consultation response on pension changes.
Corporate real-estate specialist Stewart Womersley has joined Addleshaw Goddard’s London corporate team, from Nabarro, as a partner.
Robin Johnson, head of diversified industrials at Eversheds, has commented on the recent conflicting UK manufacturing output figures.
The rapid rise in shipping container traffic in sub-Saharan Africa over the past two decades underlines the lucrative opportunities for businesses on the continent.
Latin American ports have received their fair share of bad press in recent years.
On the evening of 30 June 2014 (nearly a week after the incident and having been found guilty of a deliberate bite on Chiellini), Suarez issued an apology.
Subsidies for green electricity permitted to restrict trade between EU member states — CJEU download
It is normal for member states to make support for renewable generation available only to generators based in their own territory. Until recently, it was generally assumed that this was consistent with EU law.
The High Court has ruled that an owner of empty property is not entitled to a ‘prohibited by law’ exemption from unoccupied property rates.
Supreme Court Corner — Q2 2014: Octane Fitness v Icon Health & Fitness; Limelight Networks v Akamai Techs; and more download
This briefing from DLA Piper presents key intellectual property and technology cases before the US Supreme Court.
The Supreme Court of Iraq has rejected the request of the Iraqi federal oil minister to rule against the right of the KRG to export oil out of Kurdistan.
This case will remain relevant when assessing whether any future legislation regarding the disclosure of historic cautions or warnings breaches the right to private life.
Supreme Court rules that contractual damages cannot be recovered for manner of dismissal losses download
An employee cannot bring a breach-of-contract claim for losses flowing from the manner of dismissal even where the dismissal is in breach of an express contractual disciplinary procedure.
Following the grant of permission in TN and MA (Afghanistan) v SSHD  EWCA Civ 1609, there is a listing for the appeal in the Supreme Court in April/May 2015.
The Canadian government has announced that the ‘notice-and-notice’ provisions contained in the Copyright Act (Canada) will be coming into force in January 2015.
Tantular v AG: Royal Court in Jersey provides clarification as to the impact of saisies judiciaires on discretionary trusts download
A saisie judiciaire may not be granted over the assets of a discretionary trust merely on the grounds that the offender (or suspected offender) is a beneficiary.
Re:Sound’s Tariff 8 is already the subject of an application for judicial review and has been the impetus for a public debate about the appropriateness of licence fees.
Reports of a business executive sacked for having a visible tattoo raise potential issues for employers wanting to set standards of appropriate dress and appearance.
Collyer Bristow can assist you in ensuring that your assets are preserved for future generations, taking into account issues such as taxation.
The Ministry of Revenues and Levies of Ukraine has issued Order #368 ‘On amendment of generalised tax consultation on transfer pricing related issues, adopted by Order #699’.
DLA Piper’s May/June 2014 edition of its Tax Newsletter provides a review of People’s Republic of China and Hong Kong tax developments.
Tax Review — June 2014: scope of succession to protection rights under tax rulings issued for legal predecessor; and more download
Dentons Poland has released the June 2014 issue of its Tax Review, which contains a selection of rulings and interpretations issued or published in May 2014.
Tax Update — July 2014: new rules for exit tax on capital gains upon migration; the tax treaty network; and more download
Arendt & Medernach has released the July edition of its Tax Update.
A failure to pay hire has been accorded the status of a breach of condition, entitling an owner to terminate the charter and claim damages for loss of future earnings.
The judgment in Bluewater Energy Services BV v Mercon Steel Structure BV & Others highlights how complex and wide ranging such contractual disputes can be.
According to a YouGov report, 65 per cent of companies currently allow employees to bring their own devices to work, but only a quarter have a a formal policy in place.
Admiral Mike Rogers, the new leader of the National Security Agency and Cyber Command, certainly has taken a different approach from his predecessor.
How might future UK infrastructure investment decisions be influenced by Crossrail?
The recently reported and much criticised Facebook survey deliberately manipulated almost 700,000 account-holder newsfeeds and monitored the results.
A private member’s bill, the Divorce (Financial Provisions) Bill, introduced by Lady Deech, has received its second reading in the House of Lords.
In this video, Malcolm Underhill, a partner and child abuse solicitor at IBB Solicitors, speaks to Chris Anderson, executive director of MaleSurvivor.org.
An unqualified consumer relations officer can only be employed until the 31 July 2014 at the latest.
The European Commission to announce new Strategic Framework on Health and Safety at Work 2014–2020 download
The framework has the aim of ensuring that the EU remains at the forefront of encouraging high standards for working conditions worldwide.
The extent of BVI court’s discretion under section 3(1) of the Reciprocal Enforcement of Judgments Act download
The Eastern Caribbean Supreme Court, Court of Appeal has determined the scope of the court’s discretion under section 3(1) the Reciprocal Enforcement of Judgments Act 1922.
The Financial Conduct Authority (FCA) is currently preparing for the award of concurrent competition enforcement powers on 1 April 2015.
The Financial Report — analysis of US bank counterparty data; Hong Kong releases REIT consultation conclusions; and more
DLA Piper has released the latest version (Volume 3, No.14) of The Financial Report, featuring news and analysis from across the financial sector.
The Financial Report — Canadian securities regulators propose gender diversity amendments; and more download
DLA Piper has released the latest version (Volume 3, No.13) of The Financial Report, featuring news and analysis from across the financial sector.
In this article, Walker Morris examines the issues relating to zero-hours contracts and their practical impact for employers.
Having remained fairly static for about 20 years, data protection laws in Europe are on the cusp of their next major overhaul.
Allan Skelton joined Nabarro partner Martin McKervey and representatives from various companies at the UK Manufacturing: Exporting event.
At the Global Manufacturing Festival, Vince Cable’s overriding message was that Britain is at the beginning of a renaissance in manufacturing.
The Google ‘right to be forgotten’ ruling and its wider implications for real-estate businesses download
The implications of the Google ruling will be relevant to all types of business — including real-estate businesses.
In the midst of the gale-force winds of commentary whipped up by the Google case, we should pause and ask ourselves: just how ground-breaking is this decision?
This article looks at the implications for a trustee in Jersey faced with the difficult situation where it is suspected that trust assets may be the proceeds of crime and/or a civil fraud.
The Jackson Reforms refer to the wide-ranging changes to the civil litigation procedure brought into the Civil Procedure Rules in April 2013.
The last few months have seen many announcements in relation to changes expected in the employment law arena.
Carey Olsen has been recognised as Offshore Firm of the Year by The Lawyer magazine.
Walker Morris’s little green ibook explains the ins and outs of the most popular schemes.
Finding a solution to the crisis is both a high economic and political priority, especially with congressional elections just four-and-a-half months away.
Luis Suarez has been involved in an incident with Giorgio Chiellini that led to immediate allegations that Suarez had bitten Chiellini on his shoulder.
Following the High Court ruling, Lush and Amazon attempted — and failed — to reach an agreement as to the form of the court order.
15 July 2014: Law of 12 July 2014 implementing new tax treaty with Taïwan was published in the Official Journal. Entry into force date will be precised in forthcoming publication.
The biggest changes to the capital allowances rules since July 1996 have been introduced for buyers and sellers of commercial property.
The CSSF has released a new circular aimed at clarifying the provisions applicable to Luxembourg credit institutions acting as depositary for UCITS.
The new Intellectual Property Act 2014 — guidance for designers and those commissioning designs download
If product design, 3D printing, fashion design, furniture or jewellery design are relevant to your business, then these changes will be relevant to you.
The new Intellectual Property Act 2014 — guidance for inventors, innovation businesses and patent owners download
The Intellectual Property Act 2014 received royal assent on 14 May 2014. The act will come into force between October 2014 and the end of 2015.
The London Court of International Arbitration (LCIA) has recently confirmed that the new LCIA Arbitration Rules have been formally adopted by the LCIA court.
Laura Mackett and Sam Boileau take a quick look at the new reporting requirements that will be introduced into UK law by the transposition of the OSD.
The Offshore Safety Directive (OSD) provides for a single competent authority to deal with both environmental and safety issues.
The OSD appears to be only the EU’s first step in reforming our offshore environmental and safety regimes in response to the Macondo disaster.
On 28 July 2014, the government launched two consultations in parallel on the implementation of the Offshore Safety Directive.
One in 10 ex-partners have threatened to expose risqué images of their ex-partner online, with around 20 sites operating in the UK where people can view revenge porn images.
The risks of revolutionary design — Sainsbury’s Supermarkets Ltd v Condek Holdings Ltd and Others download
Who can an employer look to when a revolutionary design goes wrong and the company that designed and constructed it has gone into liquidation?
The risks posed by insider threats download
With the vast tranches of information stored on organisations’ internal networks, the impact of a data breach can be critical for the company involved.
The creation of a central registry of company beneficial ownership information.
On 29 May 2014, the Tax Court decided another transferee liability case in favour of the taxpayers. See Swords Trust v Commissioner.
The latest action to be taken by the competition authorities is the public consultation on the provisional decision by the CMA on PCAs and banking services to SMEs.
The UCITS V Directive is adopted download
After the publication of the CSSF Circular 14/587 on UCITS depositaries last week, it is now the European legislator’s turn to adopt new rules on UCITS depositaries.
The Bribery Act 2010 has now been in force for three years. There have as yet been no corporate prosecutions brought under the act.
They think it’s all over — PF2 download
The late, great Ken Wolstenholme, if asked about the House of Commons Treasury Committee Report on Private Finance 21, could well say the same for PF2.
Local content is a theme that is becoming increasingly prevalent for investment in the oil and gas sectors in Africa.
Thouron v US: Third Circuit holds reliance on counsel may relieve penalties for late payment of taxes download
In Thouron v United States, the Court of Appeals for the Third Circuit held that reliance on tax advice may establish a reasonable cause defence to failure to pay penalties.
Captain Simon Dack MBE has been acquitted of corruption and money laundering, arising out of his time as quartermaster at RM Poole.
Three Raymond Buildings has announced that William Emlyn Jones has recently been appointed as junior treasury counsel.
Jason Lovell, partner at Eversheds, has commented on news that more fracking licences are being granted, but with protection for national parks.
On 30 May 2014, the Insolvency (Scotland) Amendment Rules 2014 came into force altering the rules that regulate administrations, liquidations and receiverships in Scotland.
The high number of companies eyeing acquisitions or ventures that will allow them to redomicile their business in the UK and Ireland is a major theme of this report.
A decision in a recent case further exhorts disputing parties and their lawyers to treat seriously any request to take part in alternative dispute resolution.
A recent decision reminds us that if a party to a dispute refuses to engage in a form of alternative dispute resolution, then a punitive costs order might be made against it.
Tips for affiliate marketing download
Affiliate marketing is the term given to marketing whereby a supplier puts adverts for its products or services on a third party’s website.
The High Court has found numerous Newzbin defendants liable for copyright infringement and conspiracy to injure by unlawful means.
London Technology Week showcases London’s role as the digital capital of Europe and allows the industry’s top professionals to share ideas.
Ute Krudewagen presents 10 important pitfalls to be aware of as you develop your global employment documentation.
The Dentons restructuring, insolvency and bankruptcy group considers the legal, commercial and practical issues.
The Dentons restructuring, insolvency and bankruptcy group considers the English law position.
Dentons’ restructuring, insolvency and bankruptcy group considers the legal, commercial and practical issues when buying from an insolvent company.
In this year’s Top of Mind Survey, 469 consumer executives were asked how technology and other consumer and industry trends were influencing their corporate strategies.
Working with direct providers of travel services, Kemp Little has developed a unique specialist knowledge of the sector.
This case serves as a useful reminder to trustees on how to exercise their discretionary powers and the importance of proper process.
Tunisia — telecommunication sector download
The field of telecommunications is attracting more and more interest from Tunisians, especially within the political class.
Social media offers many opportunities for law firms, and yet there is still much reluctance.
Merlin Financial Consultants Ltd v Cooper, concerning 12-month non-competition restrictive covenants, suggests that they are easier to enforce in the financial services sector.
The CSSF has issued a new circular 14/587 applying to UCITS depositary banks and to the UCITS themselves regarding their relationship with their depositaries.
UEFA’s regulations look likely to be given a qualified pass by the European Commission. Stephen Hornsby’s article explains why this is, legally, highly questionable.
The CMA is consulting on a provisional decision to refer the market for the supply of retail banking services to PCA customers and to SMEs for a phase II market investigation.
Eversheds partner Simon Jones has commented on the recent UK new car registration numbers.
Michael Conroy Harris, construction expert at Eversheds, has commented on the latest UK construction output figures.
This briefing provides an comparison of the key provisions of the UK Data Protection Act 1998 (DPA) and the Singapore Personal Data Protection Act 2012 (PDPA).
The summer edition of Eversheds’ UK Pensions Agenda is out. It summarises 10 key issues affecting UK pension plans and plan sponsors.
There should be a market investigation into the markets for banking services for SMEs and the supply of personal current accounts, according to the CMA.
Capacity Market participants that wish to participate in this year’s auction need to ensure they are in a position to pre-qualify within the short pre-qualification window.
From October 2014, renewable energy projects will compete for a budget of more than £200m a year as part of the first allocation round for the new contracts for difference.
UK: investing in UK infrastructure download
The government department for UK Trade and Investment and HM Treasury have jointly published a guide detailing opportunities to invest in UK infrastructure.
Allen & Overy has commissioned independent research into how the delivery of legal services is changing around the world.
Understanding serious brain injury download
At any time, as those who have suffered a serious injury to the brain or have been close to someone who has will know, your life can be turned upside down in less than a fated second.
Christopher Graham spoke at the recent Privacy Laws & Business Conference in Cambridge, UK. Here is an update of the main points.
With many legal and regulatory developments still to come in 2014, it is important for financial institutions to consider and understand these changes.
US broadcasters have won an important battle in their efforts to prevent an unlicensed service from providing online real-time streaming of their broadcasts.
On 1 July 2014, the US Supreme Court agreed to review the 10th Circuit Court of Appeals decision in Direct Marketing Association v Brohl.
Using words to battle cyber losses download
Words matter when it comes to cyber security, says Pillsbury’s Brian E Finch.
A new act makes changes to the legal framework of occupational pensions for employees, self-employed individuals and self-employed company leaders.
Video: construction and engineering disputes — how the right legal advice can prevent serious problems download
In this video, Paul Brampton discusses the importance of obtaining specialist legal advice in construction and engineering disputes.
Video: diagnosing bribery risk download
PwC Fraud Academy chairman John Tracey is joined by fellow partner Will Kenyon and Robert Barrington of Transparency International to discuss bribery risk assessment.
In this video, pensions, benefits and executive compensation partner Pamela Baker reviews the ups and downs of golden parachute cap provisions.
Video: how to administer an estate when a loved one has passed away — key probate, wills and inheritance tax issues explained download
In this video, solicitor Susan McCulloch from IBB’s wills, trusts and probate team discusses key probate, wills and inheritance tax issues.
It may come as a surprise that something like 300,000 people each year enter our hospitals having suffered a traumatic head or brain injury.
In this video, Serdar Mehmet, a residential development laywer at IBB Solicitors, discusses key land law issues for residential developers.
Video: procurement and the importance of well-drafted contracts in the construction and engineering industry download
Paul Brampton, partner and head of construction and engineering, talks about the lawyer’s role in construction and engineering procurement and more.
In this video Vivien Rimmer, a partner in IBB Solicitors’ residential development team, discusses important issues for developers regarding residential development projects.
One of the problems faced by HR managers is how you go about having a difficult conversation with an employee who isn’t performing as well as you would like.
In this video interview, partner Todd Daubert discusses the specific impact of technological advancement on four key sectors.
In this video, Pamela Baker looks ahead to the future of COBRA subsidy provisions in executive employment agreements.
Visualised communications analysis download
Combining machine learning, concept analysis and a rich visual environment, Hypergraph allows users to explore and comprehend their data.
The parents of a toddler who died in 2012 have accepted a £30,000 pay-out after the trust running Queen Alexandra Hospital admitted the tragedy could have been avoided.
Corporate lawyers at Walker Morris, including Debbie Jackson and Rebecca Whitehouse, have advised on the sale of bathstore as part of an MBO.
Walker Morris has advised nominated adviser and broker WH Ireland in connection with the placing of shares in Software Radio Technology on AIM.
Simon Concannon, international tax adviser at Walker Morris, has warned anyone who receives an accelerated payment of tax notice to act fast.
In this webcast, Jonathan Kirsop examines how the UK data protection regime applies to regulate disclosed information.
Shoosmiths looks at what it could mean for UK businesses if Scotland decides to become an independent country.
What do you do if you see a space man? Answer — park in it, man. Parking rights and restrictions download
The question of where to park is one that all motorists will have asked themselves from time to time.
A recent Court of Appeal case has caused consternation among City lawyers for introducing significant legal uncertainty over the established distinction between loans and debentures in English law.
In the case of Hammersmith & Fulham v Monk, the defendant had been one of two joint tenants.
The latest Risk Tip from Dentons involves pickpocket awareness, drawing from James Coburn flick Harry in Your Pocket.
Partner and head of dispute resolution
Audrey Williams, employment partner at Eversheds, has commented on the government’s results from its call for evidence regarding current whistleblowing laws.
Who can inherit if someone dies without leaving a will: new intestacy rules in force October 2014 download
From October, different rules come into force on how assets should be distributed when someone dies without making a will.
The debate at the heart of US Bank Trustees v Titan Europe was whether a distressed property portfolio should be sold at once or retained in the hope of realising a better price.
A recent decision gave a claimant a sharp reminder of why it is important to ensure that the particulars of your claim are pleaded (i.e. described) fully.
A Charity Commission intervention and a recent VAT tribunal case highlight the need for local authorities to consider their legal position carefully when giving funding to charities.
Why take the shortcut and settle? download
Many disagreements can be, and often are, negotiated and successfully settled without ever having to start court proceedings.
Wierzbowski Eversheds has advised the City of Warsaw on obtaining financing from the European Investment Bank of PLN1bn for various projects.
The European Court of Justice has recently heard a discrimination claim brought by a Danish child minder, Karsten Kaltoft, against his local authority.
Managing partner and head of employment
Charlotte Cook, a partner in Winckworth Sherwood’s housing and regeneration department, has featured in a DVD for ‘Change The Face Of Housing’.
What happens if the orders of the individual group tables and the winner of the knock-out matches were decided by the respective country’s ranking in the Corruption Perception Index?
The World Cup runs until 13 July and from past experience we know it can give rise to a few employment challenges.
Wragge Lawrence Graham & Co’s energy team has advised Carron Energy on its disposal of three power response businesses.
Wragge Lawrence Graham & Co has advised Empiric Student Property on its admission to the UKLA Official List and trading on the London Stock Exchange.
Wragge Lawrence Graham & Co has helped negotiate a significant extension to an existing high-profile agreement between eBay and Argos.
Wragge Lawrence Graham & Co has announced the results of its legacy firms Wragge & Co and Lawrence Graham for the financial year to 30 April 2014.
The web-based training product is designed to leave managers better equipped and more confident to handle disciplinary issues.
Wragge Lawrence Graham & Co has strengthened its intellectual property offering with the promotion of John Coldham to director.
Wragge Lawrence Graham & Co’s public law and regulation expert Ravi Randhawa has been promoted to the role of legal director.
Wragge Lawrence Graham & Co has over the past three months acted on seven high-profile transactions that have raised more than £700m in aggregate.
Wragge Lawrence Graham & Co has announced the promotion of 13 lawyers to the firm’s legal director role.
Wrongful dismissal, unfair dismissal, or both? That is the question posed by Charles Crow and Alexander Mellis.
Partner and head of family
As if employers needed one, we now have yet another decision invalidating a termination provision for failure to comply with the Employment Standards Act 2000.
The Secret Service and the Department of Homeland Security have issued a warning to travellers and the hospitality industry about hotel business centres.
Giving E&O ‘clearance’ advice is usually a mix of substantive legal analysis, practical risk assessment and instinct.
The producers, distributors and broadcasters of Southland are being sued by the family of a deceased individual whose autopsy photo is used in the opening credits.
A Montreal-based artist is suing the producer and broadcaster of 30 Vies — on the basis that footage of a graffiti tag in the opening credits constitutes copyright infringement.
Clifford Chance might dominate the magic circle at the latest year-end but how has the firm performed over the last 10 years? Look inside the magic circle decade for a clearer perspective.
The 2013/14 financial reporting season is now well underway. Who is outperforming the market and who is lagging behind?
The 2013/14 financial reporting season is now well underway. Who is outperforming the market and who is lagging behind?
London set 39 Essex Street Chambers is to leave the comfort of the Inns of Court to take up residence in Chancery Lane after adding a 25-strong barrister team from 4 -5 Gray’s Inn Square in 2012.
Yesterday a swathe of the great and the good of the UK legal market in the form of the judging panel for this year’s The Lawyer Management awards - along with yours truly – jammed themselves into a corner office at The Lawyer Towers to thrash out the shortlist.
This week the London office of Simpson Thacher is celebrating the return of one of its highest-flying finance partners, Sinead O’Shea, who is rejoining the City office after a six-year spell in Hong Kong
Total revenue at Allen & Overy (A&O) rose by just 2 per cent last year from £1.21bn to £1.23bn in 2013/14, despite the firm having posted a 7.5 per cent rise at the half-year stage.
Barclays has chopped its global panel by 30 per cent after unveiling a new-look structure made up of general and preferred advisers.
Online and technology companies are perhaps the most challenging of clients for law firms to live up to in the innovation stakes
Ashurst and Morrison & Foerster (MoFo) have taken the leading roles on a $1.8bn (£1.1bn) strategic alliance between Thai conglomerate Charoen Pokphand Group (CPG) and Japanese trading house Itochu.
Ashurst has announced turnover of £586m in the first combined results since the UK firm fully merged with its Australian arm, with average profit per equity partner (PEP) hitting £801,000.
Davis Polk & Wardwell is among one of the fastest growing international firms in Asia, growing lawyer headcount by nearly 29 per cent between 2012 and 2013, according to The Lawyer Asia Pacific 150 2014.
Is Asia-Pacific growth out of vogue with UK national firms? This year’s partnership promotions suggest so
Baker & McKenzie is advising on the sale of the City’s landmark Gherkin building months after handling its collapse into receivership earlier in the year.
The UK banking sector has generated rich pickings for corporate lawyers over the past few years, with deals including the Co-op Group’s split and Lloyds’ reprivatisation
Baker & McKenzie has advised state-owned Spanish lender Catalunya Banc on its sale to Banco Bilbao Vizcaya Argentaria (BBVA) for €1.2bn.
BP has appointed nine firms to its specialist legal panel, including Baker & McKenzie and Hill Dickinson.
Barclays has taken a radical approach to appointing legal advisers in its first review since 2011, which has slashed the list of firms.
There was a time when Barclays’ legal panel made for complicated reading. With over 100 firms featuring across a general advisory roster and 15 sub-panels, it took some getting to grips with
Naomi Campbell’s oligarch ex Vladislav Doronin has dropped Sidley Austin for Herbert Smith Freehills (HSF) for the latest round of his High Court battle with his business partners.
Bird & Bird has further expanded its horizons with the announcement of a cooperation agreement with Turkish firm BTS & Partners.
Blackstone Chambers’ Ben Jaffey and Tom Cleaver have been drafted in by Bhatt Murphy on behalf of a group of internet service providers (ISPs) that have launched a legal claim against the Government over surveillance.
Blackstone Chambers silk Michael Fordham QC has applied for temporary admission to Singapore’s courts to launch a judicial review relating to alleged overbilling by local firm WongPartnership.
BLM has seen its profitability return to growth with average profit per equity partner (PEP) rising 11 per cent from £224,000 to £249,000 in 2013/14.
Bond Dickinson has made up four associates to partner in the second promotions round since the 1 May 2013 merger between Bond Pearce and Dickinson Dees.
South African firm Bowman Gilfillan is strengthening its maritime expertise by merging with Durban shipping boutique Velden Pike Nichols.
Brick Court Chambers has restructured its clerking team following the exit of longstanding joint senior clerk Deborah Anderson.
Simmons & Simmons is not a firm you instantly associate with regional offices but in the last year headcount at its Bristol base has been rising fast.
Mills & Reeve and Veale Wasbrough Vizards (VWV) are to give employment advice to the British Library after winning a mini-tender run by the London Universities Purchasing Consortium (LUPC).
Scottish firm Brodies has reported a fourth consecutive year of revenue and profit growth, with turnover up 13.2 per cent to £52.1m and profit up 23 per cent to £23.7m for the 2013/14 financial year.
A group of six firms including Eversheds, Harper Macleod and Norton Rose Fulbright have lost their places on the combined Clydesdale Bank and Yorkshire Bank national panel.
British Telecommuncations’ (BT) in-house team has triumphed against King & Wood Mallesons SJ Berwin (KWMSJB) and Herbert Smith Freehills (HSF) in a Supreme Court battle over BT’s call charges to mobile operators.
HM Revenue & Customs is forced to defend its policy of charging VAT on biscuits and not cakes in what is a tough taste challenge for the Scottish courts
What is the most critical issue on a hot Friday in July? Obviously, pinpointing the legal difference between a cake and a biscuit
Partners at Charles Russell and Speechly Bircham have today voted favour of merging their firms to create a £135m firm with 170 partners.
Speechly Bircham and Charles Russell partners are going to the polls today (16 July), to cast their votes on their potential £126m merger between the firms.
Tomorrow’s Square Mile battle of the bands City’s got Talent (20 June 2014), billed by the organisers as “a mini Glastonbury”, has relocated from Guildhall Yard to the spiritual home of Law Rocks, the 100 Club.
Cleary Gottlieb Steen & Hamilton and Clifford Chance have joined a host of UK, US and French firms involved as the battle to acquire luxury travel business Club Méditerranée (Club Med) hots up.
What better way to kick off a management stint at a top UK firm than to give partners the good news that revenue, net profit and PEP have reached an all-time high?
Clifford Chance has led on property investment company Blackstone’s £320m acquisition of 125 Old Broad Street from Brookfield Property Partners.
Clifford Chance’s new corporate chief has named private equity dealmaker Jonny Myers as private equity co-head alongside Oliver Felsenstein.
Clifford Chance managing partner Matthew Layton has appointed a new-look executive leadership group to replace its management committee following a dramatic overhaul earlier this month.
Clifford Chance has overhauled its constitution in order to scrap leadership elections and replace them with appointment by managing partner Matthew Layton.
Clifford Chance has cut its practice group representation on its management committee from six to three in a comprehensive overhaul.
As would-be lawyers around the country wrack their brains for an original answer to the ‘why law?’ question, so graduate recruitment teams are preparing to sift through the deluge of thousands of training contract applications that land on their desks every year
Eversheds’ Middle East chairman Christopher Jobson has joined Clyde & Co as a partner in the firm’s Abu Dhabi office.
Clyde & Co has racked up two major hires in the international arbitration space this week
Clifford Chance’s China head of litigation and arbitration Patrick Zheng has joined Clyde & Co as Beijing office managing partner.
Litigators and courts widely misunderstood and misapplied the Mitchell test, the Court of Appeal said today as it sought to clarify the High Court ruling that was intended to help crack down on spiraling litigation costs.
The Court of Appeal has threatened to strike out Travers Smith client Sebastian Holdings’ (SHI) appeal against Deutsche Bank unless it pays over $250m to the bank.
Collyer Bristow has recorded turnover of £14.9m for 2013/14, an increase of 2.5 per cent.
DLA Piper white-collar corporate crime partner Jo Rickards, who represented former News of the World (NotW) editor Andy Coulson in the recent phone-hacking trial, is leaving the firm to join Kingsley Napley.
It has been a week of big-ticket cases in disputes land, with property tycoon Vincent Tchenguiz ending his £200m battle with the Serious Fraud Office
Cuatrecasas Gonçalves Pereira name partner Emilio Cuatrecasas has stepped down as president of the firm, to be replaced by CEO Rafael Fontana.
Lawyers from diverse backgrounds are an untapped resource but more needs to be done to achieve equal footing.
Cypriot firm Dr K Chrysotomides & Co has filed a lawsuit against the EU on behalf of 51 claimants seeking compensation for losses suffered when Cyprus agreed to a ‘bail-in’ on two Cypriot banks.
Dentons has split up with its Ghanaian ally Bentsi-Enchill Letsa & Ankomah after a 12-year relationship, forcing the international firm to find a new partner in the West African state.
Dentons has hired White & Case’s EMEA director of strategic projects Richard Singer as its new European chief operating officer (COO).
Clifford Chance Bucharest partner Perry Zizzi has rejoined Dentons, almost seven years after quitting legacy Salans for the magic circle firm.
What is it with DLA Piper and Asia Pacific? When the firm merged with DLA Phillips Fox in 2011 the combined firm boasted 135 partners across its Australian practice. By the end of last year the number had shrunk to 100, despite it being one of the biggest promoters in the country
DLA Piper has added two partners and two associates from RPC to its real estate practice, including head of non-contentious construction and projects Stephen Malley.
Who needs a PR team when you have Facebook?
DMH Stallard managing partner Tim Aspinall is stepping down at the end of 2014, to be replaced by real estate head Richard Pollins.
DWF is gearing up for a High Court showdown with the Government over its decision to choose Shepherd and Wedderburn over the firm as an adviser to the Insolvency Service.
DWF has reported a 23 per cent increase in net profit from £20.8m in 2012/13 to £25.5m in its first full-year financial results following four mergers.
Being kicked off a panel always stings but for DWF, the loss of the Government’s Insolvency Service (IS) panel work was just too hard to take. As we report today, the firm is in a High Court showdown with the agency over its decision to choose Shepherd and Wedderburn.
Not only are opportunities to work in-house increasing but remuneration for doing so is too, according to two new surveys out this week.
Morgan Lewis has swooped on Edwards Wildman’s London office hiring corporate head David Ramm, in a move that will raise further questions about the future of the group.
So now we know. After speculation about the state of the UK market and the performance of the Magic Circle big four in particular, all of the quartet – Clifford Chance, Linklaters, ...
When much of the world’s attention is focused on developing markets it’s sometimes easy for international firms to take the eye off Europe. But this week US firm Morrison & Foerster has made a commitment to the continent by appointing its first-ever European managing partner
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’ revenue rose by 2 per cent at the end of 2013/14 from £376m to £384m, while net profit increased just 1 per cent from £85.4m to £86.2m.
Eversheds has joined the Vodafone panel for the first time following a review of the telecoms giant’s roster of legal advisers.
A former Herbert Smith Freehills (HSF) partner has joined the line-up of partners that have launched a Brisbane office for Baker & McKenzie.
Farrer & Co has reported a 14 per cent rise in net profit for the 2013/14 financial year thanks to an increase in its equity partnership, while turnover was stable at £50.7m.
The total fees paid to lawyers on public M&A deals over the first half of calendar year 2014 fell by 35 per cent compared with the previous six months, research by The Lawyer has found.
Revenue at Fieldfisher has broken through the £100m barrier for the first time hitting £104m, an increase of 9.5 per cent on £95m for 2012/13.
Fieldfisher has hired Bristows IT partner Hazel Grant to replace Eduardo Ustaran as the head of its privacy team.
Fieldfisher has added a trio of partners to its Parisian office, bulking up its competition, corporate and tax practices.
Ashurst, Simmons & Simmons and Addleshaw Goddard have won coveted first-time spots on BP’s UK panel, unveiled today (9 July) following a three-month review process.
Freshfields Bruckhaus Deringer partners generated the highest revenue on an individual basis than any firm in the UK200 Top 10 in 2013/14, posting a revenue per partner (RPP) figure of £2.88m.
The topic of gender diversity has become increasingly under the spotlight recently, with just this year firms including Pinsent Masons,
US firm Foley Hoag has added its sixth partner in Paris with the hire of White & Case arbitrator Philippe Sarrailhe´.
Allegations of phone hacking put the spotlight on Rupert Murdoch’s UK media empire into the spotlight. While former News International legal chief Tom Crone entered a war of words with the media magnate, his former NI colleagues were busy hiring lawyers to defend criminal charges.
The former head of legal at The Times, Alastair Brett, is to appear before the High Court next week in an appeal against his suspension from practice and costs of £30,000 imposed by the Solicitors Disciplinary Tribunal (SDT) last year.
Freeths (formerly Freeth Cartwright) is targeting further mergers in a bid to become a £100m business after the integration of Oxford firm Henmans took turnover to £49.9m for the last financial year.
TV company FremantleMedia has hired BBC Worldwide’s director of business & legal affairs, Robin Chalmers, as the replacement for retiring general counsel Sarah Tingay.
French corporate boutique BDGS Associés has made its first lateral hire since setting up 18 months ago, appointing Linklaters M&A partner Marc Loy.
Freshfields Bruckhaus Deringer and Herbert Smith Freehills have advised on the sale of British Sky Broadcasting’s (BSkyB) minority stake in ITV to Liberty Global.
What with the IPO market taking flight, and a couple of massive pharma deals hogging the spotlight, it’d be easy to forget that for many companies it’s business as usual
It’s been a gloomy period for the M&A market, what with global deals dwindling by 6 per cent in 2013 making the year the slowest for international deal making since 2009.
What do Slater & Gordon and Tom Cruise have in common? Both make people think of Long Island Ice Teas, according to brand consultancy Intangible Business.
Three brothers who ran one of Gibraltar’s largest law firms were jailed last week for fraud, four years after their firm, Marrache & Co, was put into liquidation.
The introduction of a ‘residency test’ for civil legal aid would be “discriminatory” and “unlawful”, the High Court has ruled.
Gray’s Inn Tax Chambers (GITC) has seen three silks walk out in the last three months, with Devereux becoming the latest to add a member from the set.
Growth has slowed at Stewarts Law following a five-year meteoric rise, with revenue increasing by 3.5 per cent from £45.2m in 2012/13 to £46.8m in 2013/14 while net profit stayed flat at £20.4m.
This Friday is 4 July, one of the biggest holidays of the year in the US, but for the country’s law firms – notably Davis Polk & Wardwell – that’s no reason to rest easy. At least not overseas.
Hill Dickinson has placed 39 roles within its counter fraud group at risk of redundancy, with the positions now subject to a 30-day consultation period that began yesterday (21 July).
Hogan Lovells and Addleshaw Goddard are among the firms to win key roles on Bestway’s acquisition of The Co-operative Group’s 774-branch pharmacy chain.
Hogan Lovells is set to open its second and third Latin American offices in 2014 after bolting on Mexican firm Barrera Siqueiros y Torres Landa (BSTL).
Hogan Lovells has made its second South African lateral hire since its launch in the jurisdiction, picking up ENSafrica China group head Ernie Lai King.
The Supreme Court has boosted the potential for investors to recover money taken in bribes and secret payments from insolvent agents who breached their client duties in a ruling handed down yesterday (16 July).
The big beasts of the insurance market haven’t always had it easy, as our recent data analysis shows
Failing to manage your information properly can have a negative impact on the bottom line. What are you doing about it?
Herbert Smith Freehills and Allen & Overy are among the firms to advise on BSkyB’s £4.9bn takeover of Rupert Murdoch’s pay TV companies in Germany and Italy.
Herbert Smith Freehills (HSF) turned over £800m in its first full year as a merged firm, with a net profit of £232m giving it a margin of 29 per cent for 2013/14.
Herbert Smith Freehills (HSF) has picked up Taylor Wessing competition partner Michael Dietrich to bring the number of partners in Germany to six.
Cheshire-based industrial disease specialists Roberts Jackson has received a £15m cash injection from private equity firm NorthEdge Capital.
In-house legal teams expect to be larger and in control of bigger budgets next year according to new research revealing a 60 per cent rise in headcount in EMEA in-house teams since 2010.
Leeds-based technology distributor Premier Farnell’s general counsel Steven Webb expresses concern over some firms’ commitment to customer service inc this week’s in-house interview
Bird & Bird has just become the latest firm to expand its footprint in the Asia Pacific after signing alliance agreements with two Indonesian firms last week. Yet the appetite for growth across the region
Brick Court Chambers has been busy re-jigging its clerking team, but according to our research there are plenty more underlying changes rumbling away at the bar
Pin a white rose to your chest and belt out that good old anthem On Ilkla Moor Baht ’at. It’s Yorkshire Day
Jones Day has worked on more mid-market M&A deals than any other firm in the first half of 2014, taking the sole top spot in the global, European and UK rankings for the first time.
Freshfields Bruckhaus Deringer may have dominated the M&A landscape in the first half of 2014. But, when it comes to the mid-market, Thomson Reuters has calculated that Jones Day is the law firm ruling the roost
Willkie Farr has hired Kirkland & Ellis private equity partner duo Claire McDaid and Matthew Dean to launch its private equity offering in London.
Landmark Chambers’ barristers boosted their combined fee income by 21 per cent over the 2013/14 financial year, from £26.3m at the end of 2012/13 to £32.5m.
Within just a few months of taking the helm at Clifford Chance, managing partner Matthew Layton is making his presence felt. His radical slim-down of the management layer will be watched closely by other magic circle firms.
London Stock Exchange-owned clearing house LCH Clearnet has hired Diane Bouwmeester as its group general counsel and head of compliance.
Lawyer and partner numbers among Leeds’ ‘Big Six’ law firms - Addleshaw Goddard, DLA Piper, Eversheds, Pinsent Masons, Squire Patton Boggs and Walker Morris - have dropped in the past five years, The Lawyer can reveal.
Yorkshire has been the source of many good things over the centuries – Yorkshire puddings, Geoff Boycott, the Brontë sisters, Alan Bennett, and seven London 2012 gold medallists all spring to mind
The Leeds market has transformed over recent years, with new entrants and expansionist stalwarts generating demand at all levels.
Australian-headquartered construction giant Lend Lease has promoted senior legal counsel Mark Packer to the role of general counsel (GC) for Europe, Middle East and Africa (EMEA).
LinkedIn has hired former Yahoo general counsel Michael Callahan to head the global professional networking site’s legal function.
Linklaters has appointed current Asian corporate head Matthew Middleditch as its new global corporate head to replace outgoing chief Jeremy Parr.
Linklaters has returned to its strongest revenue position in five years after boosting turnover to £1.255bn for the 2013/14 financial year, up 5 per cent from £1.195bn.
Linklaters, its Asia alliance partner Allens and US firm Squire Sanders have all advised on a deal that will see nationwide fixed and mobile telephone networks developed across Myanmar.
Former Linklaters capital markets partner Nigel Pridmore has taken a new role at Ashurst’s Hong Kong office, more than four months after quitting the magic circle firm in London (3 March 2014).
The back story to the Patton Boggs/Squire Sanders merger highlights why there comparatively few mergers stateside.
Latham & Watkins projects development and financing partner Bill Voge, based in London, has been elected as the firm’s new global chair and managing partner.
Nicky Richmond is surprised and delighted by Shoreditch restaurant Lyle’s.
Mafarlanes upped its turnover by 22 per cent in the 2013/14 financial year, from £114.16m to £139.75m.
Scottish-headquartered firm Maclay Murray & Spens saw turnover hit £43.3m in the 2013/14 financial year, a rise of 7 per cent on the previous year.
The magic circle has seen its revenue market share of the UK top 10 firms contract by more than 15 per cent over the last decade as global consolidation takes hold of the sector.
The Big Four have revealed their results in the space of a week, and it’s good reading for partners at those mega-firms. Freshfields still maintains top spot in PEP, but more pleasing for the big firms is top-line growth. Check out our analysis of the magic circle’s performance over ten years.
Malaysia’s largest law firm Zicolaw has continued its regional expansion by adding a firm in Laotian capital Vientiane to its network.
Brecher’s Nicky Richmond wants to like Marianne, but finds it tasteless.
It’s official. For the fifth consecutive year Clifford Chance is the biggest grower in the UK magic circle
Marketing heads at London’s top 60 law firms are paid as much as £477,000, according to a survey conducted by marketing recruitment consultancy Carter Murray.
Mayer Brown has poached a five-person team from Bryan Cave in Singapore to set up an Asia-focused consulting arm in the city-state.
The date for would-be lawyers to submit their training contract applications is imminent, with most applicants facing a deadline of midnight tomorrow.
Mills & Reeve saw its turnover increase by 12 per cent last year, following its merger with Manchester firm George Davies on 1 June 2013.
Mishcon de Reya will pay over £66,000 in damages and interest to a former client after partially losing a professional negligence case in the High Court.
Mishcon de Reya has posted its financial results for 2013/14, which reveal a doubling of turnover since 2009.
Barrister Tom Restall warns that the CoA has raised the stakes by offering a ‘third way’ on costs after it attempted to provide clarity on the Mitchell ruling
Morrison & Foerster (MoFo) has named investigations and antitrust partner Paul Friedman as its first managing partner for Europe, some nine months after launching its third office in the region.
Monckton Chambers has taken a group of five barristers, including silk Ian Wise QC, from Doughty Street Chambers in a bid to build a top-flight public law and human rights offering.
Average profit at Southampton-headquartered Moore Blatch fell sharply in 2013/14, from £344,000 in 2012/13 to £133,000.
Mrs Justice King has become the eighth female Court of Appeal (CoA) justice in the latest round of appeal court appointments.
Nabarro has posted flat revenue for the 2013/14 year-end up 0.3 per cent from £116.3m to £116.7m, while average profit per equity partner (PEP) grew by 10.5 per cent from £430,000 to £475,000.
National firms have turned their attention to growth at home in this year’s partner promotions round, with a 15 percentage point drop in the number of new partners working in UK firms’ overseas offices.
Benelux firm NautaDutilh has paid tribute to IP partner John Allen, who was killed with his family in the flight MH17 plane crash last week.
How law firm auctions can work in your favour.
If you work in marketing there is really only one story this week. Yes, as we reported yesterday, marketing heads at some of London’s top 60 law firms are being paid as much as £477,000.
Norton Rose Fulbright has posted turnover of $1.851bn (£1.152bn) in its first financial year after the merger of legacy firms Norton Rose and Fulbright & Jaworski.
Olswang has reported a 7 per cent growth in revenue for the 2013/14 financial year, with total turnover rising from £110m to £117.6m.
Osborne Clarke’s head of technology Mark Webber and head of telecoms Angus Finnegan have both left the firm, moving to Fieldfisher and Reed Smith respectively.
The Lawyer today reveals which firms did best in terms of public M&A legal fees for the first half of 2014. UK public M&A work is down, as are fees. But as the deals markets shows signs of life, it’s not just the M&A titans that are winning
Osborne Clarke’s Simon Beswick, now in his final stint as managing partner, is hunting further international growth. Asia beckons.
QualitySolicitors’ owner Palamon Capital Partners has acquired an undisclosed majority shareholding in Simplify Legal Group.
What do you do when you fail to win a panel place for reasons you think are “inexplicable”? Sue?
Bircham Dyson Bell has recorded stable turnover but an increase in profitability after a steady 2013/14, with total revenue essentially unchanged at £31.3m.
Profit per equity partner (PEP) at West End firm Hamlins has risen by 52 per cent, from £367,000 to £560,000.
Pinsent Masons has announced a 4.6 per cent increase in revenue from £309m to £323m with a corresponding increase in average profit per equity partner (PEP).
Specialist pensions-focused firm Sackers, consistently one of the UK 200’s top-performing boutiques, is putting on a brave face after reporting falling figures across the board for the 2013 calendar year
Portuguese firm PLMJ has signed a new cooperation agreement with two-partner Madeira firm Mendes Londral & Associados (ML&A) in an extension to its network.
The Lawyer’s recent analysis of promotions patterns at national firms over the last three years has revealed attention is returning to the UK, with a significant drop in the number of new partners being made up in some UK firms’ overseas offices
Recoverable success fees and after-the-event insurance may have breached the European Convention on Human Rights, Lord Neuberger warned last week. Neil Rose investigates
Reed Smith has continued to add to its finance practice with the hire of Pinsent Masons partner Matthew Heaton.
Sandra Horley, CEO of The Lawyer Awards’ charity Refuge, calls for a radical shift in the way society views domestic violence.
Sackers’ revenue dropped by 2 per cent last year, from £24.3m to £23.8m.
Revenue soared to its highest-ever level at Clifford Chance in the 2013/14 financial year to reach £1.359bn, 7 per cent boost on the £1.271bn turnover posted at the end of the previous financial year.
Revenues have hit a five-year high at Kennedys climbing up 10 per cent at the latest year end from £117m to £128.5m.
Freshfields Bruckhaus Deringer has pushed up revenue by 1 per cent at the 2013/14 year end to £1.232bn, while average profit per equity partner (PEP) increased by 6 per cent from £1.398m to £1.48m.
Shearman & Sterling has lost one of the biggest litigation mandates of the year after business tycoon Robert Tchenguiz swapped the US firm for Stephenson Harwood in his £300m case against the Serious Fraud Office (SFO).
Ropes & Gray has announced that its high-profile London co-managing partners Maurice Allen and Mike Goetz are to redefine their roles for the first time since the office launched five years ago.
They are two of the biggest beasts in the legal jungle, and historically a story about Maurice Allen and Mike Goetz - the dynamic duo with the elephantine reputation who quit Freshfields a year after quitting White & Case ...
RPC has reported a 3 per cent drop in net profit from £26.8m to £26m at the end of the latest financial year, alongside a 2.4 per cent rise in turnover from £82.1m to £84.1m.
New figures reveal in-house salaries and bonuses rose in the regions again last year.
FTSE 250 outsourcer Serco has hired BT Global general counsel David Eveleigh as its legal chief in the wake of accusations that it overcharged the Government for electronic tagging.
The Serious Fraud Office (SFO) has agreed a £1.5m out of court settlement with Robert Tchenguiz, bringing a final close to its £300m battle with the two brothers.
The Serious Fraud Office (SFO) has switched lead counsel in one of its biggest ever cases, instructing Blackstone Chambers’ Pushpinder Saini QC in place of Serle Court’s Dominic Dowley to lead the defence of a £300m claim from the Tchenguiz brothers.
Midlands-based Shakespeares has divided a £700,000 bonus pool between 661 staff after hitting a £50m revenue target set by chief executive Paul Wilson.
Shearman & Sterling has secured the largest award ever handed out by an arbitration tribunal, with the Russian Federation asked to pay out $50bn (£29.bn) in damages to shareholders of oil company Yukos.
Big days don’t come much bigger than the one Shearman & Sterling enjoyed late last week, when the firm triumphed in its decade-long, $50bn arbitration battle for Yukos shareholders against the Russian state.
Shearman & Sterling has triumphed in a decade-long arbitration battle for Yukos shareholders against the Russian state - but at what cost?
Simmons & Simmons has unveiled a 7 per cent increase in turnover for the 2013/14 financial year, with revenue rising to £268.6m from £250.3m in 2012/13.
Simmons & Simmons’ alliance firm in Saudi Arabia, Hammad & Al-Mehda, is extending its reach with a new office in the country’s capital Riyadh.
Simpson Thacher & Bartlett finance partner Sinead O’Shea is relocating from Hong Kong to London, where she will become the elite US firm’s first female partner based in the City.
Slater & Gordon is set to sponsor England cricket captain Alastair Cook, in a move that will see him act as brand ambassador for the firm.
Never one to follow the crowd, elite UK firm Slaughter and May is bucking yet another trend by investing in its Asia practice
Slaughter and May has made up a new partner in Hong Kong, with the promotion taking effect from 1 August 2014.
Herbert Smith Freehills and Slaughter and May are advising on the proposed takeover of Dublin-based Shire, by US drug manufacturer AbbVie.
Which firms spring to mind as having particularly dynamic strategies in Asia? Perhaps King & Wood Mallesons SJ Berwin? Or Herbert Smith Freehills?
Newly-weds Charles Russell and Speechly Bircham want to get even closer. Following the successful conclusion of their merger talks, they’re now after an office where they can really get to know each other. Just don’t bother offering them a Canary Wharf office.
Squire Patton Boggs has completed its first bolt-on since the merger of Squire Sanders and Patton Boggs, taking on three-partner Tokyo firm Mamiya Law Offices.
There was concern across the profession last year after two Stewarts Law lawyers were struck off following a private prosecution. It was a legal first
Investment banker Geoffrey Logue has settled his legal battle against Stewarts Law, in a case that resulted in two of its solicitors being struck off following a private prosecution last year.
The Supreme Court has sided with the makers of Total yoghurt, Fage, in refusing US rival Chobani permission to appeal the definition of Greek yoghurt.
Schillings’ marketing manager on high-profile clients, the evolving market and the perils of law firm IT
International network TAGLaw has expanded its Asia footprint with the addition of Indonesian firm Budidjaja & Associates.
Last year Cypriot investors were horrified to learn that their government had agreed to a “haircut” on bank savings in order to bail the country out of the economic crisis it found itself in
Stephenson Harwood litigators will be celebrating this week after edging Shearman & Sterling off the £300m courtroom battle between the Tchenguiz brothers and the Serious Fraud Office (SFO)
South West firm Temple Bright has scooped a three-lawyer team from Nabarro to launch an energy and climate change practice.
While some areas of the civil bar are thriving, there is little doubt that others are fighting for survival. Nowhere is this more obvious than at the junior end of the profession
It was in late 2008 that the then Master of the Rolls Lord Clarke set in motion a route to reform aimed at cracking down on spiralling litigation costs. Lord Justice Jackson was to propose that regime and the courts were to impose and enforce it
Earlier this year South East European firm Karanovic & Nikolic carried out a survey of in-house counsel in its region.
It’s a big day for Charles Russell and Speechly Bircham, as partners at the two firms cast their votes on whether their proposed merger should go ahead
Nicky Richmond finds little has changed, but the food is still good, at Marcus Wareing’s renovated restaurant.
It’s no wonder that Jones Day’s London office has been on a corporate associate shopping spree over the past year, hand-picking eight new associates to handle its increased workload.
How BYOB morphed into BYOD – and became a great disappointment in the process; Brussels mandarins press ahead with revised data protection regulation; and what have Spaniards got against a unified patent system?
Tweeting – law firms that still think it’s for the birds are missing a trick; the Apple lifestyle and the right to trademark shop designs; and changes for those who pop their clogs before getting round to writing that all-important will
Let the games, and the final politicking, begin – Scotland, independence and the impact on employers; fed up to the eye teeth with Mitchell? Get a load of Denton; and how that sweet little butterfly tattoo could result in the sack
Liverpool FC’s legal rights over Suarez the nibbler; summer in Doha and the right to shade; and the great lettuce cartel drama
DLA Piper has suffered three more partner departures in Asia Pacific, two in Hong Kong and one who recently transferred from Hong Kong to Singapore.
Take a look at the most-read stories on TheLawyer.com this week and share your views
Take a look at the most-read stories on TheLawyer.com this week and share your views
Travers Smith has boosted turnover by 13 per cent from £86.2m to £97.2m in 2013/14, while average profit by full equity partner (PEP) rose by 12 per cent to £882,000 compared with £790,000 a year ago.
Boutique firms CM Murray, Hierons and Maurice Turnor Gardner have joined forces with chartered accountants Buzzacott to go to market as a one-stop-shop for professional practices.
The Lawyer Awards, in association with Travelers, is the biggest night of the legal year. The top prizes went to RPC, No5 Chambers, Jones Day, PayPal and Royal Mail among others. To find out more about the winners, read below.
The Serious Fraud Office (SFO) has ended its record battle with Vincent Tchenguiz after agreeing to settle his £200m damages claim for £3m.
Despite a curiously low-key approach by Vodafone to its recent group and UK panel review, there have been some changes to the roster
After eight months of deliberating, Latham & Watkins has finally today unveiled its new global chair and managing partner. And it’s none other than London-based projects partner Bill Voge
North East firm Ward Hadaway has reported a 23 per cent drop in net profit for the 2013/14 financial year, although turnover rose by 2.2 per cent to £33.7m.
Weightmans is moving from being a Liverpool insurance firm to a true national commercial player. It just doesn’t like to make a fuss.
It was a major coup for White & Case when Linklaters private equity (PE) partners Richard Youle and Ian Bagshaw moved over last year
A partner in White & Case’s Paris office is facing a ‘moral harassment’ case brought by a former associate.
The big news this week is the decision of Charles Russell and Speechly Bircham yesterday to vote in favour of merging and create a £135m firm with 170 partners. But how many business services staff will there be?
After Wonga and others were caught sending fake legal letters, what are the professional risk implications for in-house lawyers of using pseudo-solicitors to chase debts?
Wragge Lawrence Graham & Co has won a David and Goliath legal battle for comedy club operators Comic Enterprises against Twentieth Century Fox.