Online March 2014
On 6 April 2014, the limits on certain Employment Tribunal awards and other amounts payable under employment legislation will increase.
‘A gilded cage is still a cage’ — the Supreme Court determines the question of what is a deprivation of liberty download
The Supreme Court has given its guidance on the proper test to be applied when deciding whether or not a person is being deprived of their liberty.
Distress for rent will be abolished from April 2014 and replaced by a statutory procedure called Commercial Rent Arrears Recovery (CRAR).
‘Deoffshorisation’ of Russian economy: draft law on controlled foreign company legislation and other measures download
In this briefing, Withers sets out the key provisions of the draft law on anti-offshore measures and summary comments.
Strauss Adriatic doo, proprietor of the famous mark ‘Doncafe’, sued a defendant who had distributed coffee cups to which it affixed the mark.
The well-known US TV series Glee has been on the wrong end of a High Court trademark infringement action.
A recent ‘high hedges’ appeal case concerned a successful application for the terms of a remedial notice to be varied.
The 16th draft rules are now available, taking into account the numerous comments on the 15th draft. Here are the main points to note.
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by 10 April 2014.
The next Quarterly Issues/Programmes List must be placed in stations’ public inspection files by 10 April 2014.
The long-awaited procurement directives are finally here. The expected new EU procurement regime will come into force on 17 April.
In Jack Wills v House of Fraser (Stores), the issue was whether House of Fraser’s use of a pigeon logo on clothing infringed Jack Wills’ registered trademark.
The European Parliament has voted the draft regulation and draft directive updating the principles enshrined in the 1995 Data Protection Directive.
How does the defence of ’honest opinion’ offer protection from a defamation claim?
The case of Heron v Sefton Metropolitan Borough Council considered whether there was any defence to an age discrimination claim regarding an enhanced redundancy scheme.
A worker’s right to be accompanied download
Workers have a right to be accompanied at a disciplinary or grievance hearing where their request to be accompanied is reasonable.
AAA: Game Station — fair play? download
Rent accruing during a period of administration should be treated as an expense of the administration, irrespective of the date on which it falls due for payment.
Senior partner and advocate, GRATA Kazakhstan
Acas publishes final draft of statutory code of practice for handling flexible working requests download
Acas has published the final draft of the statutory code of practice that will govern the new extended right to request flexible working.
KPMG has revealed that rising domestic confidence in many developed markets is not yet translating into an increase in cross-border acquisitions.
What sort of PII issues are likely to face practitioners contemplating accreditation and their insurers?
Hogan Lovells has been named among the top five law firms with the strongest brand in Acritas’s annual ‘US Law Firms Brand Index 2014’.
Additional EU and US sanctions download
There has been further escalation of EU and US sanctions resulting from the events in Ukraine, including new designations and the issuance of a new executive order (EO) on 20 March 2014.
Addleshaw Goddard has advised Mount Anvil, a London specialist residential property developer, on a £200m partnership with Ares Management.
The Manchester office of Addleshaw Goddard has advised Zeus Capital in its role as nominated adviser and broker to the IPO of Boohoo.com on AIM.
Addleshaw Goddard has won an innovation award for its Future Leaders’ Programme at the Managing Partners’ Forum: 2014 MPF Awards for Management Excellence.
Addleshaw Goddard will promote eight of the firm’s lawyers to partners, bringing the total of new partners appointed since the beginning of the financial year to 27.
In this fifth edition of Adjudication Watch, Wragge & Co reviews cases involving challenges to enforcement on jurisdictional and natural justice grounds.
Advance Payments Code download
The Advance Payments Code provides a protection mechanism for local highway authorities to ensure they are not unexpectedly required to meet the costs of new roads.
DLA Piper has appointed aerospace insurance lawyer Vanessa Leigh as a legal director in its aviation practice.
Agency for Financial, IT and Intermediary Services from Sarajevo fined for abuse of dominance download
The Competition Council of Bosnia and Herzegovina has fined the Agency for Financial, IT and Intermediary Services for abuse of dominant position in the relevant market.
Eversheds tax expert Ben Jones has commented on the taxation measures announced in the 2014 UK Budget.
At the end of February 2014, the Law Commission released its long-awaited report titled ‘Matrimonial Property, Needs and Agreements’.
Allen & Overy has advised two syndicates of lenders on new loan facilities for Sberbank Europe AG and Credit Bank of Moscow.
Allen & Overy has advised the trustee of the ICI Pension Fund on the largest-ever bulk annuity insurance policy (or buy-in) arranged by a UK pension scheme.
Allen & Overy has acted as Australian and international counsel to the export credit agencies and commercial lenders on the financing of the integrated Roy Hill iron ore project.
Allen & Overy has advised the Flemish Region and PMV/Via-Invest Vlaanderen NV on the development of the A11 highway in Belgium.
Allen & Overy has advised on the financing of upgrades at the Patnów Power Plant I and the refinancing of Zespól Elektrowni Patnów-Adamów-Konin SA’s existing indebtedness.
Allen & Overy has advised Deutsche Bank, Crédit Agricole Corporate and Investment Bank and Société Générale as mandated lead arrangers on two murabaha facilities for Mobily.
Allen & Overy has announced the promotion of 16 lawyers to partner across its global network in the Asia-Pacific, Europe, the Middle East and North America.
Allen & Overy claims it has completed a clean sweep of all overall legal adviser awards possible, in addition to topping the major league tables in 2013.
Allen & Overy’s London and Moscow finance practices have collected the Finance Team of the Year accolade at the Legal Business Awards in London.
Allen & Overy has hired Karan Dinamani as a partner in its London corporate group. The appointment underlines the firm’s commitment to growing its private equity practice.
Allen & Overy Amsterdam has introduced a series of breakfast meetings called ‘Early Birds’, which is organised by the firm’s Amsterdam financial regulatory team.
Allen & Overy recently hosted a panel debate on the impact of Shanghai’s free-trade zone at Hong Kong’s China Club.
Allen & Overy in Luxembourg has announced the launch of its international desk in London.
On 27 March 2014, Allen & Overy will co-host an event with Fenwick & West and the Silicon Valley Bank regarding the growth of Silicon Roundabout companies.
Allen & Overy is to hold a debate and reception to celebrate the launch of the book Gas Price Arbitrations edited by Mark Levy, a partner in the firm’s arbitration group.
On 20 May, Allen & Overy will be holding a seminar called ‘The quest for meaning — an overview of the law of contract part I — interpretation’.
Allen & Overy has been shortlisted for Antitrust/Competition Firm of the Year in the Chambers Global Awards 2014
Allen & Overy has updated its Access Assist iPad app: a free Q&A tool supported by targeted summaries of applicable law, legislation, case law and guidance.
Allen & Overy has published its Global Litigation Survey, which assesses 10 key indicators of the litigation process in 137 legal systems.
Cosmetics manufacturer Lush has successfully claimed against the online retailer Amazon for trademark infringement.
China has published a series of conforming amendments to certain existing regulations governing foreign invested entities in China.
As of February 2014, amendments to the Gas Market Act have become applicable in Croatia. The act defines the new role of a wholesale supplier of natural gas.
There are many proponents of having complex insurance disputes resolved in London under English law.
Hong Kong is one of Asia’s earliest adopters of comprehensive data privacy regulation.
Animal welfare: recent EU conference — mid-term review of the strategy for the welfare of animals 2012–15
The conference on the achievements of the EU strategy for the welfare of animals 2012–15: mid-term review took place on 12 February 2014.
Appleby has appointed Anne Freeman as a senior associate (solicitor, England and Wales) in its corporate and commercial team.
Anthony Collins, founder and former senior partner of Anthony Collins Solicitors, has been awarded the 2014 Birmingham Law Society Lifetime Achievement Award.
Ilyashev & Partners provides its clients with a wide range of legal services on various matters of antitrust law in Ukraine and abroad.
The ICO has reissued a code of practice on subject access requests. The code was originally published last year but has been updated and re-issued.
To appeal a decision of the Royal Court, a party must serve a notice of appeal within one month from the date the judgment or order was ‘pronounced’.
Two Caymanian lawyers from Appleby’s Articled Clerk Programme have been admitted to the role of attorneys-at-law of the Cayman Islands.
Appleby has acted as Bermuda counsel to the Asia Broadcast Satellite group of companies in relation to its $470m secured loan financing from the Export-Import Bank of the United States.
Appleby has acted for Optics Valley Union Holding Company on its listing on the Main Board of the Hong Kong Stock Exchange on 28 March 2014.
Appleby has announced that its Hong Kong office received the Asia-Pacific Leisure Deal of the Year award at the 2013 Project Finance Awards.
Are banks ready for the cloud? download
The move to the cloud, and the generational shift in computing that it represents, is well under way but we are still at the start of the journey.
The information that a company is required to maintain about its directors within its registers can be key, especially when relationships with a director turn sour.
This report rounds up upcoming employment law reforms and brings together links to more detailed reports, guidance and the relevant legislation.
Arendt & Medernach has announced a new exhibition of works by two young Luxembourg artists and one young international artist.
Here at Ashurst, we have a strong entrepreneurial culture; we are neither so rigid nor so institutional that individualism cannot flourish.
Asset freeze: Ukraine sanctions download
Heads of state on both sides of the Atlantic recently condemned the Russian Federation for its actions in Ukraine.
Auction time for investor visas? download
Currently, to come to the UK as a Tier 1 investor, an investment of £1m, £5m or £10m must be made in the UK.
Minter Ellison’s international managing partner, Mark Green, has been elected chairman of the Australia-Mongolia Business Council.
The anonymous nature of Bitcoin payments has caught the attention of tax authorities and other regulators, both in Australia and overseas.
Austria: abolishment of GmbH ‘light’ download
The amendments to Austria’s federal tax law were published on 28 February 2014 and came into force on 1 March 2014.
Austria: breach of trust — a recent Supreme Court ruling has broad implications for stock corporations download
Austria’s breach of trust provision found its way back into the limelight recently via the criminal proceedings against the former management of LIBRO AG.
Austria: corruptive behaviour in public procurement procedures as a deal breaker for mergers and acquisitions transactions? download
It is a well-established and unsurprising fact that public procurement proceedings are particularly vulnerable to corruption.
The DWP has published a report that highlights the areas it believes have a strong case for an exemption from auto-enrolment duties for certain employees.
Avoiding multimillion-dollar liability for de facto partnership breach under Texas law — one useful tip download
After a lengthy trial, a Dallas jury has found that a de facto partnership existed between Energy Transfers Partners and Enterprise Products Partners.
Senior partner and advocate, GRATA Kazakhstan
William Ballmann, chair of insolvency trade body R3 in Yorkshire and partner at Gateley, has commented on an R3 report about people in Yorkshire worried about their level of debt.
This update contains a summary of news and legal developments that have affected the banking and finance industry over the last month.
Ilyashev & Partners provides highly professional advice on banking, corporate finance, debt collection, investment, property assets and lease, securities.
The offshore jurisdictions are thought to be secretive, with banking secrecy being an important part of what those jurisdictions offer to businesses and individuals who use them.
Schoenherr advises on banking, finance (including project and acquisition finance), debt restructuring and re-financing, acquisition and disposition of distressed assets and loan portfolios, claims trading, capital market transactions (including equity/equity linked, hybrid, debt and regulatory capital issuances) funds, derivatives, structured finance, securitisations and other financial services.
On 7 March many members of the criminal bar did not attend court. This highlighted the concern that barristers and solicitors have about the proposed new defence fees.
Be careful what you wish for — TUPE applied despite client wanting outsourcing to be short term download
A number of carers were employed by Allied to look after a vulnerable adult.
It is likely coroners will list more pre-inquest hearings. It is vital everyone knows, well in advance, what is to be discussed and decided.
Partners Michael Kutschera and Markus Uitz have advised Koninklijke Ahold on the acquisition of approximately 50 Spar and Interspar supermarkets in the Czech Republic.
Binder Grösswang is among the top Austrian firms in the JUVE rankings for banking and finance law.
One of the EPO Boards of Appeal has ruled on the highly debated issue of human stem cell patentability under the European Patent Convention.
The Bosnian Competition Council has issued a decision finding that IKO Balkan abused its dominant position on the relevant market in Bosnia and Herzegovina.
The EU General Court (GC) has upheld the Board of Appeal’s decision refusing protection of the applicant’s mark.
Geoffrey Hobbs QC has dismissed an appeal against a hearing officer’s decision who declared the CHIQUO mark to be invalid for certain goods.
The English Court of Appeal has confirmed that, under the law of passing off, a yoghurt brand can only call its product ‘Greek yoghurt’ if it is actually made in Greece.
Brands Update — March 2014: KNUD saves Germany’s most famous polar bear Knut and the Berlin Zoo download
Berlin Zoo had been comparatively late with the registration of its KNUT marks.
The applicant, Mega Brands International, filed Community trademark applications for the figurative mark and the word mark MAGNEXT.
The owner of the earlier mark Shorinji Kempo Unity has failed in its opposition to the UK trademark application for the mark BRITISH SHORINJI KEMPO FEDERATION.
An appeal by Beauté Prestige has been dismissed against a hearing officer’s decision refusing protection for the above three-dimensional mark for toiletries.
Facebook has had mixed fortunes in its opposition to a CTM that it perceived to be similar to its own name.
The court has upheld trademark rights in the BETTY BOOP name and character based on a variety of UK and EU CTM registrations for both words and devices.
Pat Treacy, head of the competition practice at Bristows, has commented on the revision of the European rules governing technology licensing.
Bristows partner Hazel Grant has identified the issues that pharmaceutical manufacturers might face to comply with the UK Data Privacy Act in a interview with BMI System.
The British Pregnancy Advisory Service has been fined for breaching the Data Protection Act after an anti-abortion hacker gained access to personal details through the charity’s website.
Budget 2014 download
Following the 2014 Budget, Taylor Wessing has set out a summary of some of the main announcements.
In his Budget, the chancellor of the exchequer has announced a number of changes that will affect the SEIS, the EIS and VCT schemes.
The headline policy from this week’s Budget is that individuals will, from April 2015, have full flexibility in what they do with their DC pension pots.
In Osborne’s Budget, there was very little excitement for the real-estate sector, with no news building on the Autumn Statement 2013 to address business rates.
The biggest surprises in the chancellor’s budget statement on 19 March 2014 related to pensions.
Budget announcement — 19 March 2014: income tax and NICs, capital gains tax, employee incentives and pensions download
Employees are likely to welcome the changes to the way in which they can access their pension savings in a defined-contribution scheme.
Budget summary 2014: tax highlights download
The chancellor has delivered the Budget for 2014. This briefing provides a summary of the main tax points of interest.
Budget Summary: spring edition 2014 download
Winckworth Sherwood has released the 2014 spring edition of its Budget Summary.
From April 2015, anyone over 55 will be able to take their entire DC pension pot without any requirement to purchase an annuity or be subject to income drawdown.
Budget update 2014 download
George Osborne has delivered his fifth Budget speech to the House of Commons, but despite speaking for nearly an hour the result was somewhat underwhelming.
These tips will help those individuals who are new to the world of business immigration, as well as seasoned experts, as they highlight a few common issues.
Hogan Lovells has been shortlisted in the Transparency Award category at the Opportunity Now Excellence in Practice Awards 2014.
KPMG experts have analysed the role business partnerships through M&A, joint ventures or strategic alliances will play driving business expansion in Myanmar in 2015.
The Canada-BVI tax information exchange agreement (TIEA) came into force on 11 March 2014. The TIEA was signed in May 2013.
During the investigation, the employee in this case admitted to breaching patient confidentiality by having patient documents clearly visible in a public environment.
Can a right to emit sound waves across another person’s land constitute an easement and can it be acquired by prescription? download
The Supreme Court has decided ‘yes’ in relation to both of these issues.
The Court of Appeal has found a director personally liable for the legal costs of an action brought against his company.
In Z v A, it was decided that the dismissal of a school caretaker based on police information about an unproven allegation of historic child sex abuse was unfair.
In a group action for damages for defects in breast implants, the claimants were concerned about the financial position of the lead defendant.
Can you rely? Reliance letters download
What do you do when you need to rely upon a consultant’s report?
Pre Localism Act 2011, all mutual exchanges took place by deed of assignment. Post Localism Act, surrender and re-grant is the mechanism used for mutual exchange.
The Canadian government has ratified a tax information exchange agreement with the British Virgin Islands (BVI).
Carey Olsen has achieved the Best Companies’ One Star Status in its 2014 annual engagement survey.
Walker Morris has released the March 2014 issue of its Case law round-up.
Case law round-up — Pensions Matter, March 2014... an overview of key pension cases and their practical implications
In McCoy, it was held to be reasonable for the trustees of a SIPP to require the beneficiary of a lump-sum death benefit to complete a form of discharge prior to paying out the discretionary benefit.
Case update — performance bonds download
A court has reinforced the position that the primary liability to pay under a performance bond is separate from the relationship between the parties to the underlying contract.
The OSCR has concluded that St Margaret’s was engaging in discrimination given its refusal to place children with same-sex couples.
Head of business development
According to figures published by The National newspaper in Dubai, there were around 25,000 CCTV cameras in Dubai in 2011.
CCTV in the workplace ― France download
CCTV cameras can be installed in the French workplace for safety reasons and to prevent and investigate crime, theft or misconduct.
There have been some high-profile cases involving the use of CCTV in Germany in recent years.
On 3 March 2014, Peng Xuefeng, chairman of Dacheng, attended the second session of the 12th CPPCC National Committee.
Dacheng’s Shangai office’s admiralty and maritime law practice and lawyers have been honoured by Chambers and Partners and Asia Law & Practice.
Eversheds Saladžius has been shortlisted for an Award for Excellence by Chambers Europe 2014.
Eversheds has been shortlisted by Chambers Europe in the Baltic region for an Award for Excellence.
Hogan Lovells has been shortlisted for the Chambers Europe Awards for Excellence 2014 for its work in the UK and Italy.
Withers has been recognised as a leading law firm in the recently published edition of Chambers Global.
Ilyashev & Partners has won top rankings in the recently released Chambers Global 2014.
BDK Advokati/Attorneys at Law has been ranked in band one of Serbian law firms in the 2014 edition of Chambers Global.
Hogan Lovells’ global dispute resolution practice has been promoted to Band 1 in Chambers Global 2014.
Conyers Dill & Pearman has again been recognised as a Band 1 offshore firm in Chambers Global, one of the world’s foremost guides to the legal profession.
Ten practices and 24 Pillsbury attorneys have been ranked among the world’s top lawyers according to the 2014 Chambers Global guide.
Chancel repair liability: the latest download
Chancel repair liability is an ancient liability that attaches to land and requires affected owners to meet the costs of repair of the local church chancel.
This article focuses on the changes brought about by the decisions in Re A (Children: Habitual Residence)  UKSC 60 and LC (children)  UKSC 1.
On an asset transfer, employees automatically transfer with their business under the TUPE regulations, which require the new employer to provide certain levels of pension benefits.
Changes to statutory payments download
The government has decided that the annual uprating of a week’s pay and the maximum compensatory award for unfair dismissal, should be moved to April.
Charities and the 2014 budget download
As announced in the 2013 Budget, the Finance Bill 2014 will provide for 30 per cent tax relief on investments in qualifying social enterprises.
The Charity Commission has acknowledged that an improvement in the way it identifies and addresses deliberate abuse in charities is needed.
Figures show that an increasing number of young children are savvier about the internet than their parents and can circumvent filters put in place by their parents.
Conyers Dill & Pearman has been recognised for its expertise in the Asian legal market, being named ‘Offshore Law Firm of the Year’ at the 2013 China Business Law Awards.
Minter Ellison is one of five international law firms named as winners of a China Business Law 2013 award for energy, projects and infrastructure.
China’s new Trademark Law will come into effect on 1 May 2014. To implement the new law, new regulations have been drafted.
The EAT has ruled that the restriction in the Equality Act that provides that survivors’ benefits for civil partners need only be provided in relation to service since 5 December 2005 is lawful.
Class certification properly denied where individual questions predominated under California’s telephone recording statutes download
The California Court of Appeal unanimously affirmed a trial court ruling denying class certification in a lawsuit filed under California’s Invasion of Privacy Act.
On 18 March 2014, the Swedish Financial Supervisory Authority approved NASDAQ OMX Clearing as a central counterparty (CCP).
The cost and headache of operating client accounts can be a significant drain for solicitors — so why do it?
Ilyashev & Partners’ clients range from international corporations to local government bodies.
Clifford Chance is a stimulating and rewarding place to train as a commercial lawyer.
In TruePosition Inc v LM Ericsson et al, it is claimed that member companies of 3GPP and the SSO colluded to exclude TruePosition’s technology from the 4G standard.
Collyer Bristow has announced its 2013 client survey results. Each year, the firm conducts a survey to get feedback on the service it provides to its commercial and private clients.
London-based law firm Collyer Bristow has announced that it has recruited experienced family law practitioner Sue Breen from Hodge, Jones & Allen.
Collyer Bristow is hosting an interactive seminar, based on a real-life case study, on how best to deal with threats to your business from former employees.
According to Taylor Wessing’s Amy Patterson, the key question that remains is whether the change in COMI is one of substance or mere illusion.
Taking into account your interests and the statutory requirements, our experienced lawyers are ready to assist in drafting an optimal contract and glad to accompany you in negotiating with contractors.
Commercial interest rates by default download
When a tenant is late in the payment of its rents, some landlords will not go to the trouble of calculating and charging interest while the base rate is so low.
On 6 April 2014, the common law right for a landlord to seize a tenant’s goods and to sell them in order to recover outstanding rent arrears will be abolished.
In over-the-counter financial instruments, phrases such as ‘commercially reasonable manner’ are often employed, often at the cost of speed and certainty for the parties to the transaction.
The new draft Community Infrastructure Levy (Amendment) Regulations 2014 were laid before Parliament on 20 January 2014.
Companies in the federal supply chain have an opportunity to prepare for the expansion of government’s anti-human-trafficking rules download
This update highlights the salient aspects of the proposed rules and the requirements that are likely to be of most interest to contractors.
Our competition lawyers have specialisations from foreign universities and regularly attend international conferences and participate in professional events.
Competition & Regulation Update: the test for declaration under part IIIA is dead; long live the new test download
The federal government released the Productivity Commission’s final report on 11 February. The report proposes yet another test for the controversial ‘criterion (b)’.
Schoenherr has established a dedicated criminal compliance and white-collar crime team.
Bermuda regards itself as one of the most highly developed and sophisticated jurisdictions in which to conduct trust business.
On 6 April 2014, a new Acas conciliation scheme will come into operation in an attempt to further reduce the number of claims reaching the Employment Tribunal.
A recent court decision has demonstrated that if a party can establish that information is truly confidential, then it is likely to benefit from wide protection.
Robert Rhodes QC has been appointed as an arbitrator to the International Institute for Conflict Prevention & Resolution’s Global Panel of Distinguished Neutrals.
As 1 April fast approaches, consumer credit licence holders will be engaged in reviewing their documents, policies and procedures.
Three Raymond Buildings’ James Lewis QC and Guy Ladenburg explain the proposed amendments to the Contempt of Court Act 1981.
The recent changes introduced in Luxembourg to its limited partnerships make it a desirable jurisdiction in which to establish alternative investment funds.
Conyers Dill & Pearman has advised ADCM on the formation and certain legal documentation of a Cayman-domiciled real-estate acquisition vehicle.
Conyers Dill & Pearman has advised China Metal Resources Utilization on the $90m listing of shares on the Hong Kong Stock Exchange.
Conyers Dill & Pearman has advised Foster Wheeler on its agreement to acquire MDM Engineering Group.
Conyers has advised on the Cayman Islands and BVI legal aspects of the acquisition by HM MOS International of Millennium Offshore Services Superholdings.
Conyers Dill & Pearman has advised Jadara Capital Partners on the formation and launch of the Jadara Frontier Fund, a concentrated long/short hedge fund.
Conyers Dill & Pearman has advised the underwriters on the initial public offering of Lenta, a Russian hypermarket chain.
Conyers provided Bermuda law advice to Castlelake, an institutional alternative investment firm specialising in aircraft, in connection with its $515.6m aircraft securitisation.
Conyers Dill & Pearman has played key roles in both of Marine Money’s Securitisation Deals of the Year.
Conyers Dill & Pearman has advised Stolt-Nielsen on the Bermuda law aspects of its issuance of NOK1,250m senior unsecured bonds due in 2021.
Conyers Dill & Pearman’s British Virgin Islands office has recently added four attorneys to its corporate and litigation practices.
Conyers Dill & Pearman has been named Offshore Firm of the Year at IFLR’s annual Asia Awards, which took place in Hong Kong.
Conyers Dill & Pearman has advised Nomura in connection with the £237m refinancing of the group of companies owned by Camden Market Holding Corp.
Conyers Dill & Pearman’s BVI office has been ranked in Band 1 in both the corporate and finance and dispute resolution categories in Chambers Global 2014.
Ilyashev & Partners has extensive experience in corporate law.
We advise on the most appropriate corporate forms for establishing a presence in local jurisdictions, as well as on more complex issues.
Our core practice is advising and representing clients on transactions and complex corporate and commercial matters.
Costs of trustees and beneficiaries: Trilogy v YT Charitable Foundation (International) Ltd download
Mourant Ozannes has examined the principles relating to costs in non-adversarial trust proceedings.
A bank does not need to take into account the interests of a contractual counterparty when exercising its discretion on a ‘commercially reasonable’ basis.
The judge has found that a variation to the general retainer meant Harben Barker was under a duty to recognise Mr Mehjoo’s non-domicile status and the tax advantages that might bring.
Court of Appeal decides that the collective redundancy provisions in TULRCA covered the closure of a US military base in UK download
The obligation to consult about collective redundancies under section 188 of TULRCA may apply even where they come about due to the strategic decisions of foreign governments.
It is common in mortgage fraud for lenders to lose advances where their solicitors are innocently duped by fraudsters.
The Court of Appeal has handed down its decision in Santander UK plc v RA Legal Solicitors.
In July 2013, the EAT held that all the employees made redundant from two insolvent retail businesses were entitled to be collectively consulted, regardless of where they worked.
John Coldham, design law expert at Wragge & Co, examines the recent reversal by the High Court of Trunki’s High Court registered design success.
Following a benchmark Supreme Court ruling (Coventry v Lawrence  UKSC 13) fewer injunctions can be expected to remedy infringements of property rights.
The CQC is consulting on new regulations to introduce fundamental standards as legal requirements that all providers should meet.
CRAR — the ‘headlines’ in anticipation of the introduction of the new rules on 6 April 2014 download
This is a quick reminder that the new rules are coming into force on 6 April 2014 and what the ‘headlines’ are.
The executive order that creates the Fiscalía Especializada en Materia de Delitos Relacionados con Hechos de Corrupción has been published by the Mexican attorney-general.
On 1 April 2014, a new and improved criminal cartel offence will be introduced in the UK by virtue of section 47 of the Enterprise and Regulatory Reform Act 2013.
The Enterprise and Regulatory Reform Act 2013 makes significant changes to the criminal cartel offence, coming into force on 1 April 2014.
A new Consumer Protection Act is currently in the process of being adopted in Croatia.
When Croatia’s lawsuit for alleged violations of the convention on the prevention of genocide was submitted, it was anticipated that the Serbian side would, at some point, submit a counter-claim.
Crowdfunders: don’t be an April Fool download
The FCA has issued a policy statement confirming that many of the proposals from its original consultation paper will now be implemented with effect from 1 April 2014.
In October 2013, the Financial Conduct Authority (FCA) published a consultation paper setting out its proposed approach to the regulation of crowdfunding platforms.
On 17 March 2014, the CSSF issued an updated version of its FAQs relating to the Luxembourg law of 12 July 2013 on alternative investment fund managers.
The serious condition of the Italian archaeological and historical heritage is causing growing controversy. Pompeii is the litmus test of this situation.
Our experts can help with customs and contract regulation issues, currency control and questions of intellectual property when importing or exporting goods.
Cyber news Down Under: the Antipodean troll — a different kind of species? The tragic suicide of Charlotte Dawson download
What a tragedy it is that it requires another suicide to regenerate widespread interest in cyberbullying, the phenomenon that has become the scourge of the internet age.
In March 2014, the European Parliament voted through, with some amendments, the previously proposed draft ’cybersecurity’ directive.
Cyprus is a tiny economy but the treatment of its financial problems by the eurozone could have symbolic and far-reaching consequences.
The recent re-codification of Czech civil law has introduced a new legal instrument called a trust fund or simply a trust.
Dacheng attorney Qi Yan has advised Qinghai Jiangcang Coal Co on its SME private placement bonds issue on the stock exchange of Shenzhen.
Under the guidance of Dacheng, Fujian Makeng Mining has been granted approval from NAFMII for its planned issuance of short-term financing bonds.
A Shanghai-based Dacheng team led by attorney Tan Jiacai has advised Hefei Taihe Optoelectronic Technology on legal risk prevention and control.
Dacheng has advised the Institute of Advanced Technology at the University of Science and Technology of China on the successful launch of the Saike Fund.
Dacheng senior partner Li Shoushuang has advised JD Capital on the formation of a new US dollar fund, the Jiuding China Growth Fund II.
Dacheng has provided legal counsel to Langfang Development Zone Construction and Development regarding its issuance of 2014 corporate bonds.
Dacheng has advised Quanzhou Hanwei Machinery Manufacturing and Fujian Lishu Pulp & Paper on the issuance of SME private placement bonds.
Dacheng has acted as legal adviser for Shenzhen Pingan Real Estate Co on its acquisition of a logistics property project from LaSalle Investment Management Co.
Dacheng has advised Tengine (Beijing) Monitoring Instruments Company on its successful launch on the National Equities Exchange and Quotations.
Dacheng senior partner Shang Jiangang delivered a keynote speech at the recent ‘Trends and Developments in Bitcoin, the China Perspective’ event.
Senior partner Wu Jingjing from Dacheng’s Shanghai office was recently invited by The Boeing Company and AVIC International leasing Co to attend a signing ceremony.
Zhai Jian and Ma Lang, criminal defence attorneys from Dacheng, have successfully defended a client accused of embezzlement of bills of exchange.
Attorneys in Dacheng’s Changsha office have been elected to posts at the eighth Hunan Lawyers’ Congress and the fourth Changsha Lawyers’ Congress.
Baidu and the China Consumers Association have announced the launch of the Baidu Credit Verification initiative.
Dacheng attorneys have undertaken advisory work for clients to help them acquire securities investment fund sales qualification.
Dacheng’s Shanghai-based intellectual property attorneys have contributed suggestions for revising the Implementing Regulations for the PRC Trademark Law (Draft).
Beijing Huinong Capital Management has signed an agreement with Dacheng to engage senior partners Zhu Zhongyou and Liu Yang from the finance practice as legal advisers.
Dacheng senior partner Jiang Rongqing has advised relevant parties on PRC law, Indonesian law and British law respectively.
Dacheng has won two China Business Law Journal awards in technology, media and communications and private equity and venture capital.
Dacheng has been engaged by a Spanish motorbike distributor to represent it in arbitration at the China International Economic and Trade Arbitration Commission.
Dacheng recently hosted a seminar to discuss a contract dispute that involved RMB1bn worth of artworks owned by Wang Zhicheng.
Dacheng senior partner Kuang Shuangli from Beijing office’s finance practice has advised on the transactions surrounding the financial lease of nine aircraft engines.
A team from Dacheng has been retained as standing legal counsel for Guangdong Huidong Rural Commercial Bank and Guangdong Boluo Rural Commercial Bank.
Dacheng’s Urumqi-based team led by senior partner Yang Shuwen has been retained as standing legal counsel for Xinjiang Daily for a third consecutive year.
Attorneys He Haojun and Xu Pengwei from Dacheng’s Kunming office have argued that damages for psychological injury should still apply in breach-of-contract cases.
Damages for non-acceptance of goods not covered by exclusion clause covering ‘loss of profits’ download
Where parties to a contract wish to exclude claims for damages under s50 Sale of Goods Act 1979, said contract must contain clear and specific wording to that effect.
Data & Information E-Alerts: Disclosure and Barring Service error leads to unnecessary disclosure of sensitive information; and more download
Addleshaw Goddard has released the latest edition of its Data & Information E-Alerts.
Data & Information E-Alerts: UK FOIA veto overturned; ICO publishes updated subject access code of practice; and more download
Addleshaw Goddard has released the latest edition of its Data & Information E-Alerts.
BIS has announced that the extension of the right to request flexible working to all employees with 26 weeks’ service will be ‘available’ from 30 June this year.
Managing partner and director of Astana office, GRATA Kazakhstan
David Mason QC and Saleema Mahmood of No5 Chambers have defended in a terrorism case that involved Ian Forman, 42, Birkenhead, being charged with engaging in the conduct in the preparation of terrorist acts.
Copyright has been a favourite punch bag of politicians, users and platforms ever since the internet first became mainstream, widely blamed for not being adapted to the new environment.
Recent decisions have highlighted a couple of key themes that employers would be well advised to consider when dealing with their disabled employees.
DECC issues response to consultation on the transition between the Renewables Obligation and the Contracts for Difference regime download
The DECC has confirmed that fixed-price ROCs will be introduced from 1 April 2027 via the Fixed Price Certificate Scheme.
On 24 February 2014, deferred prosecution agreements legislation was finally brought into force in respect of a wide range of criminal conduct.
Companies that have uncovered potential liability for economic crimes now have the opportunity to avoid criminal prosecution by seeking a deferred prosecution agreement in the UK.
Although no definite date was given for the regulations under the Charities Act 2011 enabling charitable companies to convert to a CIO, these were expected in ‘early 2014’.
Head of the tax practice
A key report by the House of Lords Select Committee, scrutinising the implementation of the Mental Capacity Act 2005, has been published.
The Intellectual Property Bill, which deals with a number of design law issues, completed its passage through the House of Commons on 12 March.
The government announced on 3 September that it had introduced orders to make the appeal process faster ‘while ensuring the process remains fair’.
The Court of Appeal has confirmed some fundamental points in relation to liability for dilapidations (Sunlife Europe Ltd v Tiger Aspect Holdings Ltd).
The Cayman government has published the Directors Registration and Licensing Bill 2014, which seeks to regulate directors of certain entities established in the Cayman Islands.
Directors take care: new guidelines to help interpret two of the Companies Act statutory duties of directors download
We now have recent guidelines to help interpret two of the Companies Act statutory duties of directors.
The judgment of the Lord Chief Justice gives a clear indication that appeals against fines will be difficult to win.
Disability and reasonable adjustments: is EAT wrong to say no cut-off time limit for making a claim? download
An EAT decision has muddied the water and requires employers to review their approach to the duty to make adjustments.
The City of London Law Society Land Law Committee has released a protocol for discharging mortgages of commercial property.
On 6 April, a long-standing feature of the law prohibiting discrimination at work will change, when discrimination questionnaires are ‘abolished’.
The Court of Appeal has upheld the EAT’s decision that while the harmonisation of terms post TUPE transfer can be for an ETO reason, it does not entail ‘changes to the workforce’.
Dispute resolution is a key practice area at Ilyashev & Partners.
Our dispute resolution practice group has extensive experience in litigation, as well as commercial and investment arbitration.
We have experience in a wide range of disputes, spanning from investment and commercial contracts to specific niches such as product liability or insolvency claw-back litigation.
Our experienced team of litigation and arbitration lawyers can offer unmatched quality and knowledge of local expertise for a competitive and predetermined fee.
DLA Piper advised BTG Pactual as arranger and placement agent of the $132.8m project bond offering by Eten to finance a thermal cold reserve power plant in Peru.
DLA Piper has achieved a settlement in favour of the National Association for the Advancement of Colored People (NAACP) in a housing discrimination lawsuit.
DLA Piper has successfully acted for ING Bank in litigation proceedings initiated by, among others, Stichting Restschuld Eerlijk Delen.
DLA Piper has acted for Nord LB on the financing of Lilbourne wind farm, developed by Energiekontor.
DLA Piper has acted for PwC, which was the administrator for eight companies in the Opal Property Group.
DLA Piper has appointed Richard Hopkinson-Woolley, Laurence Rogers and Neville Wright to its real-estate team. The three partners join the firm from BLP.
DLA Piper has advised the shareholder of Amazing Holding on the sale of B2S Group to Q-Dance Partners, part of SFX/ID&T.
DLA Piper has advised Coupons.com on its initial public offering on the New York Stock Exchange.
DLA Piper has advised Fosun International on its ¥210.5m investment in and strategic partnership with food and beverage chain Secret Recipe.
DLA Piper has advised Australian real-estate owner and manager Investa Property Group on its acquisition of a 50 per cent stake in Piccadilly Centre in Sydney’s CBD.
DLA Piper has advised English Premier League football club Manchester City on its recent acquisition of A-league football club Melbourne Heart.
DLA Piper has advised Oakley Capital Private Equity and its fund OCPE II Master LP on the acquisition of a majority stake in NTG.
DLA Piper has provided advice to online fashion retailer Boohoo.com on its flotation and placing of new shares on AIM.
DLA Piper has advised the global infrastructure arm of QIC in relation to its participation in the consortium that will fund the construction of the NorthConnex motorway.
DLA Piper has advised St James’s Place Property Unit Trust on the acquisition of Lister Road industrial estate from Store Property for £13.25m.
DLA Piper has advised a range of stakeholders on the sale of the entire issued share capital of DORC to Montagu Private Equity.
DLA Piper has advised Synergia Capital Partners on a share issue investment to Res2 BV.
DLA Piper has advised Tilad, a multi-family office based in the Gulf region, on the acquisition of the BMW Logistics Centre in Niederaichbach near Munich.
DLA Piper has advised Vodafone Holdings Europe SLU on its acquisition of Grupo Corporativo Ono SA for €7.2bn on a debt- and cash-free basis.
DLA Piper’s Leadership Alliance for Women —a network dedicated to retaining and developing its women into leaders — is expanding across the firm’s international offices.
DLA Piper has appointed Tony Katz and Alexander ‘Sam’ Millar as partners in the litigation and regulatory group.
DLA Piper has assisted Atlanta-based private equity firm Roark Capital Group in its equity investment in Anytime Fitness, a co-ed fitness franchise.
Senator George J Mitchell and his law firm DLA Piper announced that Mitchell has delivered his sixth quarterly report as the independent athletics integrity monitor.
DLA Piper offers graduates a legal career on a different scale.
DLA Piper has appointed Lillian Mackenzie as a partner in the projects team, part of the finance and projects group.
DLA Piper has appointed Paul Gray as a partner in the real-estate finance team, part of the finance and projects group.
DLA Piper held its first Annual Global Patent Symposium in Tokyo on 6 November 2013.
DLA Piper’s intellectual property and technology team has been named as Global Firm of the Year at the Managing IP Awards, and Best Law Firm in IP, IT and TMT at the Belgian Trends Legal Awards.
DLA Piper has launched a report revealing that the market demand from occupiers is the driving force behind delivering sustainable real estate.
DLA Piper has successfully advised Flughafen Berlin Brandenburg (FBB) before the European Commission in a long-running case relating to state aid.
DLA Piper is representing Norrie in the High Court to defend the right to be recognised as neither male nor female on the NSW Births, Deaths and Marriages register.
DLA Piper has advised Paylocity Holding Corporation in its initial public offering valued at approximately $100m.
DLA Piper has advised Q2 Holdings, a provider of cloud-based virtual banking solutions, in its initial public offering valued at approximately $100m.
DLA Piper has advised Dulles-based SummitIG in its equity investment from ORIX Ventures and Columbia Capital.
DLA Piper, in partnership with East African Development Bank, has run a regional training programme in Kigali, Rwanda, for public sector lawyers and law professors.
DLA Piper has been awarded the Best International Law Firm of the Year 2013–14 (India) award at the annual LegalEra Awards.
DLA Piper’s debt finance team, part of the finance and projects group, closed three major deals in the week ending 2 March 2014.
Gina Durham, co-chair of DLA Piper’s US social media practice, has been recognised as one of San Francisco Business Times’ ‘40 Under 40’.
Lawyers from DLA’s New Perimeter are travelling to São Paulo to teach a course to law students and members of the community about pro bono legal work.
Do employers have to abide by the decisions of an independent panel during a disciplinary process? download
The EAT held that an employee had been fairly dismissed, despite the fact that the employer failed to implement the decision of an independent appeal panel.
R v Bodycote HIP UK contains an important warning to UK organisations in relation to the impact of health and safety prosecutions against their branches abroad.
Trade unions are increasingly using a relatively unknown TULRCA provision in negotiations with employers over changes to collectively agreed terms and conditions.
Do you accept Bitcoin? download
Bitcoin, the worldwide virtual currency, has attracted much attention in the press recently but little is known about what it is and how it may be used.
DoE approves LNG exports to non-free-trade countries — US foreign policy may be bigger factor moving forward download
The DoE has issued an order granting approval to Jordan Cove Energy Project to export LNG to countries that do not have a free-trade agreement with the US.
The Court of Appeal has now ruled that post-employment victimisation is indeed covered by the Equality Act.
This briefing focuses on three of the legal weapons that you may find in your armoury to protect you against attacks from others in the online environment.
The stars of Downton Abbey joined Taylor Wessing for a gala dinner at the Bloomsbury Ballroom on 27 March, raising more than £70,000 for Changing Faces.
BDK has announced that Dragan Demirovic has joined the firm as head of the tax practice. He joins from Deloitte.
March 2014 saw the publication of the latest Employment Tribunal statistics from the Ministry of Justice, for the period October to December 2013.
Eversheds partner Geoffrey Mead has commented on the the publication of latest statistics from the Employment Tribunal Service, for the period October to December 2013.
The claimant in Lyons v DWP Jobcentre Plus argued that her dismissal was either direct pregnancy discrimination or direct sex discrimination.
EAT decision on when communications may qualify as a disclosure for whistleblowing purposes download
The Employment Appeal Tribunal has recently clarified two important issues in relation to whistleblowing.
E-discovery on your terms download
A new self-service style of IT is emerging that can help you remove the IT burden and gain an optimal mix of control, speed, simplicity and cost.
Edwards Wildman takes selection and training very seriously.
Forty per cent of UK companies have experienced a reduction in employment claims since the introduction of tribunal fees, according to an Eversheds report.
Employers: bound to conciliate download
Employers are set to be affected by a significant change to the process for starting a tribunal claim in the form of mandatory pre-claim conciliation through ACAS.
Our employment team advises on all aspects of employment law, from the beginning through to the end of the employment relationship, for both contentious and non-contentious matters.
Services in labour law constitute one of the key practice areas at Ilyashev & Partners.
Our employment practice spans from everyday support to employers in drafting employment agreements and internal employment-related enactments.
Walker Morris has released the March 2014 issue of its Employment News publication.
Employment newsletter: March 2014 — new general collective bargaining agreement signed in Montenegro download
A new Collective Bargaining Agreement (GCBA) has been signed in Montenegro. The GCBA introduces a broader scope of existing labour rights.
Employment Post — spring 2014: towards a fully flexible workplace; support grows for whistleblowers; and more
Mills & Reeve has released the spring 2014 issue of its Employment Post.
To safeguard your organisation’s interests, it is prudent to be clear about your various routes and options, before embarking on termination discussions with an employee.
Eversheds partner Geoffrey Mead has commented on the publication on 13 March of the latest statistics from the Employment Tribunal Services.
The government has now confirmed that ‘protected persons’ will not be prejudiced by the statutory override contained in the Pensions Bill.
BDK is a market leader in the field of energy and natural resources, having advised on the most prominent transactions in the region in various contexts.
Bristows associate Sophie Lawrance has commented following the announcement of the energy sector competition investigation.
The energy sector will play a leading role in the global M&A revival, according to wide-ranging research carried out by Hogan Lovells.
As of 1 October 2012, transfers of majority shares in a private limited liability company in Slovakia have become more complicated.
English law on oral contracts has remained essentially unchanged for hundreds of years. Oral contracts most certainly exist, and they are certainly enforceable.
GRATA Law Firm’s environmental law department includes professionals with not only substantial experience in dispute resolution but also the deep theoretical background in the area of environmental law that is necessary to professionally handle complex environmental cases.
In February 2014, the European Securities and Markets Authority (ESMA) published a Q&A document regarding the application of the AIFMD.
This note summarises the attractions of the Cayman Islands for prime brokers wishing to establish a prime brokerage business outside their home jurisdictions.
Schoenherr’s competition practice advises clients from across all industries in merger control, anti-trust and state-aid matters on the European and national levels throughout the firm’s comprehensive network in central and eastern Europe and its office in Brussels.
On 7 February 2014, the European Court of Justice (Case 98-13) issued a ruling pertaining to the interpretation of Council Regulation (EC) no. 1383/2003.
The EU Council has decided to impose restrictive measures against individuals identified as being responsible for the misappropriation of Ukrainian state funds and/or human rights violations.
The European court has confirmed that site-blocking injunctions can be granted against ISPs, provided the injunctions strike a ‘fair balance’ between fundamental rights.
The European Parliament has voted to adopt the European Commission’s proposed directive to increase the number of women on the boards of listed companies.
France has adopted a law compelling French companies to aim for a balanced representation of men and women on boards.
The proportion of women on supervisory boards of the 160 companies listed in the German stock exchange currently amounts to only 17.4 per cent.
Equal opportunities between men and women is a hot topic. Italy is trying to make a step forward, starting in the boardroom.
The percentage of women on company boards in the Netherlands has increased. However, women are still under-represented in company boards.
Equality between men and women was firmly addressed in Spain by a 2007 act on the effective equality between men and women.
The UK government supports the European Commission’s decision not to impose mandatory quotas; it favours a self-regulatory national level approach.
The regulation, which was published on 25 January 2012, is the cornerstone of Europe’s reforms relating to the digital economy.
This year’s survey focuses on respondents’ outlook on the current technological landscape, the ‘hot’ growth areas and what, if any, barriers to growth are affecting businesses.
Eversheds has advised Brady, a provider of precision-engineered components, on the sale of its Asian and European Die-Cut business to Boyd Corporation.
Eversheds has advised RPW and Lucent Group on the signing of the conditional development agreement for the regeneration of the Royal Pier Waterfront in Southampton.
Eversheds has advised Personal Group, a provider of employee benefits packages, on its acquisition of Let’s Connect IT Solutions for a total consideration of up to £12m.
Eversheds has appointed pensions lawyer Steven Hull as a partner in its London headquarters.
Research has revealed that women are failing to get to boardroom positions due to lack of recognition, rather than because of taking time off to have children.
Eversheds’ Italian office has advised UniCredit in relation to a financing deal for the Salcef Group, a railway and general construction contractor in Italy.
Eversheds has commented on Littlewoods’ High Court victory over a VAT claim worth more than £1.2bn.
Eversheds has advised Finnish media group Alma Media on its sale of news agency Baltic News Service to Uudisvoog OÜ, a subsidiary of Koha Capital.
Eversheds Saladžius has become a legal partner of the LOGIN Startup Fair.
Ben Jones, tax expert at Eversheds, has commented on news that the UK is set to scrap VAT on Bitcoin.
Eversheds partner Naeema Choudry has commented on the EU’s stance that EU law does not require that a mother who has had a baby through a surrogacy arrangement should be entitled to maternity leave or its equivalent.
Michael Conroy Harris, construction expert at Eversheds, has commented on the construction industry’s hopes for the 2014 Budget.
Eversheds has commented following the UK government’s science advisers’ recommendation to use GM crops to secure the UK’s food supply for the future.
Eversheds partner Richard New has commented on potential announcements to be made on business rates in the 2014 UK Budget.
Eversheds has secured a contract as the primary legal services provider for the International Air Transport Association (IATA) across Europe, northern Asia and the Asia-Pacific.
Claire Sharf has joined Eversheds as a legal director in the law firm’s restructuring team. Lemi McAuley will also be joining the team as a senior associate.
James Batham, partner and real-estate expert at Eversheds, has commented on the BIS Select Committee report into business rates in the UK.
Eversheds’ competition, EU and regulatory group was named Best Regulatory Law Firm of the Year at C5’s Women in Compliance Awards 2014.
A misrepresentation is a statement that induces entry into a contract and that turns out to be false.
Execution of an agreement is the final stage in an often lengthy process of detailed drafting and negotiation. Getting it wrong may result in invalidity and unenforceability.
Expatriation of minors download
Recent coverage has failed to highlight the increasing number of minor US citizens and green-card holders relinquishing their US citizenship.
Investors will want to protect the value of their shares from dilution in the event the company issues new shares. This article examines the formulas they use to achieve this.
Where venture capital investors hold a preferred class of shares and it is permitted to convert these to ordinary shares, they generally require the right to convert them at any time.
Sometimes there is a prohibition on the payment of any dividend, which may be for a limited period of time.
An employee share option plan reserves and allocates a percentage of the shares of the company for share option grants to current and future employees.
Explaining investment terms: exit download
Simon Walker looks at under what circumstances an investor may be qualified to leave the company.
The liquidation preference is a right that can be required by venture capital investors in recognition of the risk they bear on their capital contribution.
The right of redemption is the right to demand under certain conditions that the company buys back its own shares from its investors at a fixed price.
The Charity Commission has investigated the Family and Childcare Trust after concerns were raised that its activities on Twitter amounted to party political activity.
Riaz Karamali, a partner in Pillsbury’s Silicon Valley and San Francisco offices who represents emerging growth companies, answers some common questions innovators face.
The Federation of American Societies for Experimental Biology (FASEB) has released recommendations regarding response to threats by animal rights extremists.
The US Department of the Treasury and the Internal Revenue Service have released the ‘last substantial package of regulations’ necessary to implement FATCA.
The US Foreign Account Tax Compliance Act (FATCA) creates a new tax information reporting and withholding regime for payments made to certain Foreign Financial Institutions (FFIs) and other ‘foreign’ persons.
FATCA imposes due diligence, information reporting and control burdens on a range of non-US financial intermediaries and investment entities.
FATCA update for UK trustees download
FATCA will apply to all financial institutions in the UK and will require all financial institutions to file reports.
In January 2014, the FCA issued guidance on proportionality in the operation of certain remuneration provisions.
The Financial Conduct Authority is set to launch an investigation into 30 million insurance policies sold since the 1970s.
The FCA has published its policy statement on the regulation of crowdfunding. This follows its consultation paper in October last year.
The FCA has published its final rules on the regulation of crowdfunding. This article provides further detail relating to the new rules in this area.
Chris Busby and Jeremy Irving from Eversheds have commented on news that the UK FCA is set to intervene in the insurance add-ons market.
FCC Enforcement Monitor — March 2014: failure to disclose rules violations leads to $40,000 fine; and more download
Late last month, the Federal Communications Commission (FCC) issued two essentially identical orders against co-owned Milwaukee and Chicago Class A TV stations.
The FDA has distributed a revised draft guidance document titled ‘Distributing Scientific and Medical Publications on Unapproved New Uses — Recommended Practices’.
Five years on from the financial crisis and employees continue to face an uncertain future. The relentless downsizing and cost cutting continues unabated.
The Federal District Court in Washington DC has issued a lengthy ruling that appeared to substantially clear the way for Cape Wind.
The FFI regime has imposed a duty on the HSE to recover costs for carrying out its regulatory functions against those found to be in material breach of the health and safety laws.
Head of the telecom and technology practice
FERC seeks to align natural gas pipeline scheduling and RTO and ISO generation despatch times download
FERC has issued a proposed rulemaking and two related orders designed to better align the scheduling of gas flows with the dispatch of electric generation.
This alert describes the final regulations issued by the FRB that modify the former requirements applicable to foreign banking organisations pursuant to the FRB’s Regulation K.
BDK offers specialised knowledge in banking transactions, capital markets, project finance, derivatives and structured finance products and insolvency and restructuring.
Performance bonds are widely used in a variety of commercial agreements from construction contracts to insolvency business sales.
As of 1 October 2012, transfers of majority shares in a private limited liability company have become more complicated.
An English court has sanctioned a scheme of arrangement under the Companies Act 2006 relating wholly to debt that was subject to a New York governing law provision.
Finance Update — March 2014: has the US flipped on the enforceability of liquidation protocols in swaps? download
A US court has now recognised as effective the liquidation protocol contained in an ISDA governed interest rate swap.
Rodney Dukes and Richard Bursby discuss the hotels market and some basic issues that borrowers and lenders in this sector typically need to address.
Finance Update — March 2014: lease guarantor released when landlord granted licence for works download
A guarantor will be released from liability if the parties to the contract that is guaranteed vary its terms if it does not confirm its obligations.
The proper construction of a share charge meant the benefit of two unsecured shareholder loan agreements formed part of the security package created by the document.
The FCA’s newly published business plan envisages Thematic Reviews in a number of areas relevant to investment management
Financial Services Regulatory Update — FCA’s fourth quarterly consultation; FCA thematic review; and approval of final text of UCITS V download
The Financial Conduct Authority has published its fourth quarterly consultation (CP14/4) in which it proposes amendments to certain parts of the FCA Handbook.
Financial Services Regulatory Update — the FCA’s notes for AIFMs, managing the risks of financial incentives and more download
Marfarlanes has released the 7 March issue of its Financial Services Regulatory Update.
The latest 2014 figures suggest that workers in the UK take in excess of 130 million days’ sickness absence per year.
Five interesting things you might not have spotted about Case C-351/12, OSA (aka the ‘Czech Spa’ case) download
A Czech spa provided guests with music, but without having entered into a licence with the Czech collecting society, OSA.
China’s new trademark law aims to modernise and streamline the trademark process. But it can also yield opportunities for trademark hijackers.
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.
Food and beverage news and trends download
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.
The EU Parliament has voted to introduce a trust registry as part of new anti-money laundering provisions.
The last two years have seen Libor manipulation or rate fixing at the centre of a scandal that emerged in the US and crossed the Atlantic to the UK.
Mills & Reeve has appointed Richard Santy, the former head of employment at Shoosmiths in Birmingham, as a partner.
The Children and Families Act 2014 has received Royal Assent and will introduce several employment law changes for working parents.
The Court of Appeal has upheld an appeal from the High Court decision in Clark v In Focus that Financial Ombudsman Service decisions are not binding on the claimant.
Fraud in the workplace download
Employers have always been reluctant to pursue a civil claim against former employees for losses incurred as a result of their negligence or misconduct.
Freedom of information download
Freedom-of-information law is set to be extended to private companies carrying out public contracts, a government minister said recently.
Nabarro partner Martin McKervey discusses the public/private funding of Sheffield’s planned new retail quarter.
A ruling has clarified that a lapse of time between registration of a town or village green and application for rectification of the register is an insufficient ground for opposing rectification.
Eversheds partner Audrey Williams has commented on the announcement of recommendations from Charlotte Sweeney to increase the number of women on British boards.
Further changes made to the Community Infrastructure Levy Regulations 2010 present opportunities for developers, but also add new complexities.
The PRC government has been rolling out a series of company registration reforms in an attempt to set up a more transparent and efficient registration regime.
Parmjit Singh, head of the food and drink group at Eversheds, has commented on news that the world’s two biggest banana producers are to merge.
Managing partner, GRATA Kazakhstan
Senior associate, competition
Last year — 2013 — was a considerably less eventful year for German gambling law than 2012, which saw significant reforms within the industry.
An administrator who uses premises for the purpose of the administration must pay rent as an expense accruing on a daily basis.
Where administrators use leasehold premises for the benefit of the administration, they should pay the rent attributable to that period as an expense of the administration.
Game on: video-games tax relief download
The European Commission has given state aid approval to the UK’s video-games tax relief, which was announced in the 2012 Budget.
The Garnet litigation highlights the potential repercussions for banks and financial institutions in reporting suspicion and a resulting refusal of consent by the FIS.
Gateley has advised technology entrepreneur Stuart Marks as he embarks on a joint enterprise with retail company John Lewis.
The Birmingham office of Gateley has advised West Ham United on the sale of its Boleyn Ground Football Stadium to Galliard Group, a London developer.
The real-estate team at Gateley has advised on the proposed redevelopment for Cains Brewery Village in Liverpool.
A survey conducted by Gateley has revealed that 60 per cent of people do not fully understand how the points-based immigration system works.
Gateley’s Manchester corporate team has advised on a recent deal that saw oncology business Incanthera acquire University of Salford spin-out Onco-NX.
Insurance intermediaries should ask open and fair questions of customers to ensure they understand their genuine demands.
The Court of Appeal case of RWE Npower Renewables Ltd v J N Bentley Ltd acts as a reminder to draftsman not to place too much reliance on these clauses.
Global Arbitration Review has interviewed BDK’s managing partner Tijana Kojovic regarding the Belgrade Arbitration Center.
This issue looks at some of the issues that will be prominent in the emerging financial environment and the developing products that are arising in the post recessionary global economy
This is a useful case for small employers who often rely on the advice of HR consultants.
Go-Biz announces California competes tax credit application period — and it ends in less than one month download
Go-Biz has notified the public that it will only accept California Competes Credit applications for the current fiscal year between 19 March 2014 and 14 April 2014.
There has been quite a bit of talk about new regulation of industrial and provident societies (IPSs), but what is actually happening and is much really changing?
Governance News — 25 March 2014: corporate law and governance developments in Australia and overseas download
The latest edition of Governance News from Minter Ellison provides a synopsis of its weekly summary of corporate law and governance developments in Australia and overseas.
The OFCCP has issued expansive new regulations requiring government contractors to undertake greater efforts to employ veterans and individuals with disabilities.
Government plans to change the way insolvency practitioner fees are calculated in some cases will hurt creditors and force smaller insolvency firms out of the market, says R3.
The DfE is making a grant available for small groups of schools, mainly primaries, to collaborate to employ a school business manager in a leadership role.
Grantor-retained annuity trusts download
A GRAT provides an alternative means to transfer property to selected beneficiaries, with minimal US federal gift tax owed, and results in substantial tax savings.
The Guernsey Court of Appeal has reinstated an asset restraint order made over assets in a trust, where a beneficiary of that trust faced criminal proceedings in South Africa.
Guernsey: all potentially interested parties to be considered by the court when blessing a decision of trustees download
The Guernsey Court of Appeal has upheld a decision blessing a trustee’s decision to pay for the costs of refinancing a trust asset from the assets of a family trust.
A number of separate procedures are available to various interested parties upon the insolvency of a company in Bermuda.
The Isle of Man Data Protection Act 2002 mirrors much of the UK Data Protection Act 1998 and uses a number of important definitions.
This article explains the key changes of the Defamation Act 2013 and the Defamation Regulations 2013 and what they might mean for parties involved in defamation claims.
An unsuccessful defendant is only liable for a percentage of the successful claimant’s costs where a claim was pursued but not followed through against other liable defendants.
DLA Piper has released the 10 March 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — 17 March 2014: Australian Competition and Consumer Commission v Breast Check Pty; and more download
Health Alert provides a summary of the critical judgments, legislation, press releases and news items relevant to the health industry.
Health Alert — 24 March 2014: Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd; and more download
DLA Piper’s Health Alert provides a summary of the critical judgments, legislation, press releases and news items relevant to the health industry.
DLA Piper has released the 3 March 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Mills & Reeve has released the March 2014 edition of its Health Legal Update, which includes information on NHS commercial, employment and patient matters.
The Patient Protection and Affordable Care Act imposes significant new reporting requirements on employers providing self-insured group health coverage to their employees.
Mourant Ozannes has been voted the ‘Best Offshore Law Firm’ at the Hedgeweek Global Awards.
The claimant in Punjab National Bank v Gosain secretly recorded the conversations of members of the panels at grievance and disciplinary hearings she had attended.
Mr Justice Arnold has handed down his decision in the case of Starsight Telecast and United Video Properties v Virgin Media, Virgin Media Payments and TiVo.
The Securities Litigation Uniform Standards Act of 1998 does not preclude class action lawsuits asserting state law claims in connection with the notorious Ponzi scheme.
On 21 November 2013, the High Speed Rail (Preparation) Act 2013 received royal assent. The act is referred to as the ‘Paving Act’, and it has immediate effect.
Hogan Lovells’ intellectual property team has successfully represented Canyon Bicycles in protecting its rights against the ‘canyon.bike’ domain name.
Hogan Lovells has assisted Axway with its negotiations with Systar’s controlling shareholders for the acquisition of a block of shares representing 61 per cent of Systar’s capital.
Hogan Lovells has advised EuropaCorp on the formation of a US joint venture with Beverly Hills-based Relativity Media.
Hogan Lovells has advised long-standing client Hawksford International on the acquisition of Janus Corporate Solutions, a Singapore-based corporate services business.
Hogan Lovells has advised Macquarie Capital Securities and Standard Chartered Securities (Hong Kong) on the sale of 600 million existing shares in Tongda Group Holdings.
Hogan Lovells has advised Ecuador in the negotiation of a multi-million-dollar facility agreement that was executed by JBIC and the Ministry of Finance of Ecuador.
Hogan Lovells has advised senior managers of grocery store chain Albertsons in its $9bn acquisition of Safeway.
Hogan Lovells has advised long-standing client Shaftesbury on the placing of 25,250,000 new ordinary shares, announced on 6 March 2014.
Hogan Lovells has announced that it has achieved an important victory for Stansted Airport in securing the end of economic regulation at the airport.
Hogan Lovells has announced that corporate partner Jan de Snaijer is to take on the role of office managing partner of the firm’s Amsterdam office.
Praveen Goyal has joined Hogan Lovells’ government regulatory practice as counsel. Goyal will be based in the Washington DC office.
Hogan Lovells’ ‘Breaking Barriers’ diversity initiative has hosted a series of events across offices in Asia and the Middle East to celebrate International Women’s Day.
Faye Jarvis of Hogan Lovells has commented on the ‘radical’ changes to the way in which members of DC pension schemes can access their benefits in the future.
Hogan Lovells’ Ulaanbaatar office has hosted a panel discussion on breaking barriers for professional women, moderated by Solongoo Bayarsaikhan and Nominchimeg Odsuren.
Hogan Lovells is to set up a Legal Services Centre in Birmingham to deliver high-quality cost-effective legal services for aspects of its client work.
Elizabeth Slattery, a partner in Hogan Lovells’ employment team, has commented on a Court of Appeal ruling confirming that post-termination victimisation is unlawful.
Hogan Lovells has advised Investindustrial Group on the disposal by Investindustrial Group and KKR of the Avincis Group to Babcock International Group.
Hogan Lovells has been presented with the Restructuring Team of the Year award at the International Finance Law Review (IFLR) Asia Awards during a ceremony in Hong Kong on 26 February.
Hogan Lovells will be hosting a breakfast seminar on the introduction of shared parental leave and pay — the most significant change to employment law in recent years.
Hogan Lovells has won Project Finance magazine’s Middle Eastern Oil & Gas Deal of the Year 2013 award.
Hogan Lovells’ IP team has been named as Europe Domain/Internet Team of the Year at the Global Managing Intellectual Property Awards.
Partner and head of social-housing finance Louise Leaver has discussed whether the housing crisis can be solved by delivering more social housing.
An administrator, liquidator or receiver must make a ‘prescribed part’ of the company’s net property available for the satisfaction of unsecured debts.
This note contains a brief commentary on some of the main legal terms in international debt issues of or guaranteed by Ukraine.
This note contains a brief commentary on some of the main legal terms in international debt issues of or guaranteed by Ukraine.
This paper explores how the Greek debt reorganisation of 2012 changed the rules of sovereign insolvency.
On 10 March 2014, the draft law implementing the Alternative Investment Funds Managers Directive 2011/61/EU (AIFMD) was submitted to Belgian parliament.
Occasionally, a third party has created a deliberate ransom strip but just as often such a gap arises by mistake.
The judgment demonstrates one of the rare and exceptional circumstances in which the court may be willing to intervene to stop an adjudication.
The law has established a party’s right to claim privilege over certain documents to keep them out of legal proceedings.
One of the recent MIPIM highlights for me was a panel discussion focused on how HS2 will deliver economic growth to northern cities.
The Hungarian government has adopted a decree introducing an electronic auction system to be applied in the course of the public sale of the assets of companies in liquidation.
From 15 March 2014, Hungarian law will recognise the concept of trust, and the problems with securing syndicated loans under Hungarian law seem to be solved.
Anthony Collins Solicitors recently hosted a table at a dinner organised by the West Midlands Labour Finance and Industry Group.
Can a common law lien be exercised over an electronic database pending payment? The court has confirmed suppliers have no right to hold onto data in such circumstances.
Ian Dove QC and Nina Pindham have helped Dart Properties to successfuly retain its planning permission for land at Seabrook Orchards.
The IASB has brought the publication of an IFRS closer to realisation. But critical decisions remain to be addressed.
If an owner’s enjoyment of his land is interfered with, should court grant injunction to prevent the interference continuing? download
This article arises out of the Supreme Court’s decision in Coventry and others v Lawrence and another.
Iken’s Dr Andrew Chester will be talking about efficiency and productivity improvement for knowledge workers in his address to the Singapore Corporate Counsel Association in April.
Mikhail Ilyashev of Ilyashev & Partners is set to speak at the X Annual Legal Forum, ‘Development of the legal services market in Ukraine — 2014’.
Immigration update — March 2014: expansion of Tier 1 (Exceptional Talent) to include the digital technology sector download
The Tier 1 (Exceptional Talent) sector is being restructured to include a designated allocation of 200 endorsements for those showing exceptional talent in the field of digital technology.
This article presents the main changes affecting Tier 4 sponsors and students.
In Re C (a Bankrupt) BVIHC 0080/2013: common law recognition of a foreign bankruptcy trustee in the BVI download
In Re C (a Bankrupt) BVIHC 0080/2013, Mr Justice Bannister QC allowed common law recognition of a foreign bankruptcy trustee for the first time in the BVI.
This judgment deals with the in-camera element of a complicated piece of litigation involving a complex trust structure with a substantial portfolio of investments.
Ince & Co has announced its sponsorship of BIMCO’s annual conference, entitled ‘Perspectives in Shipping 2014 — Protecting and Developing Your Business’.
According to Francois Barker, head of pensions at Eversheds, the increased flexibility of new UK pensions changes announced in the 2014 Budget may not be available to all.
This section of InCredit looks at the EU study published on consumer protection and financial services, the Banking Standards Review and more.
InCredit — March 2014: insurance download
The insurance section of the March edition of InCredit features a guide to CMCs and complaints handling and discusses the FCA’s comment on the proposed PPI time limit.
The ASA has published an adjudication upholding a complaint relating to a television advertisement for a repayment retailer.
This month’s round-up of developments affecting the consumer credit industry sees the FCA announce tough rules for payday lenders and more.
InCredit March 2014 — market news: Paragon Bank launches under PRA new capital regime; and more download
According to a company press release, Paragon Bank has become the first new bank to obtain a banking licence from the PRA.
InCredit March 2014 — mortgages: Mortgage Credit Directive text published in OJEU; FCA publishes findings to MCOB survey; and more download
The text of the Mortgage Credit Directive (MCD) (2014/17/EU) has been published in the Official Journal of the EU.
The US FAA has downgraded India’s aviation safety rating to Category 2 under the its International Aviation Safety Assessment programme.
From 6 April 2014, industrial and provident societies will be able to enter administration or make a voluntary arrangement with creditors.
Our ICT practice is multidisciplinary and gathers lawyers specialised in regulatory work, competition law, IP, commercial law and data protection and privacy issues.
Once considered a problem too complex and expensive to solve, information governance is experiencing a rebirth.
The Supreme Court has commented on the test for awarding damages instead of an injunction (Coventry v Lawrence  UKSC 13).
Schoenherr offers a unique combination of the know-how of a boutique insolvency firm and the comprehensive range of legal services of an international law firm. The firm’s insolvency and restructuring team covers all areas of insolvency law.
The theme of this year’s International Women’s Day is ‘Inspiring Change’ — this is no more needed than in Italy, according to Lexellent.
Schoenherr’s insurance practice group advises many of Austria’s and Europe’s leading insurers on transactions in the insurance sector, as well as distribution structures, product design and all related regulatory and tax matters for life, non-life, and reinsurance business.
Late notification can have disastrous consequences, with insurers potentially being entitled to refuse to pay the claim.
In 2013, ILS products became more popular and, importantly, products which traditional P&C reinsurers started to actively engage with and underwrite.
InSure — February 2014: BIBA’s budget statement, IMD2 amendments, Insurance Contracts Bill and more download
Addleshaw Goddard has released the February 2014 edition of InSure, which centres on developments affecting the insurance industry.
Intellectual property (IP) protection is one of the main practice areas at Ilyashev & Partners.
Our diverse intellectual property (IP) and IP-related practice covers a wide range of areas including trademarks, copyright, patents, litigation and licensing.
GRATA’s intellectual property (IP) specialists successfully combine theory and specific case practice in the field of intellectual property, intended for the protection of the rights of our clients.
Intellectual property agenda: the FRAND (fair, reasonable and non-discriminatory) debate — is the tide turning? download
FTC commissioner Joshua D Wright has spoken out against the FTC’s ‘new IP agenda’ and its opposition to the availability of injunctive relief for SEP holders.
DLA Piper has published issue 21, Q1 of IPT News.
Bristows partner Edward Nodder has been quoted in the Intellectual Property Magazine regarding the new training centre for Unified Patent Court (UPC) judges in Budapest.
Svitlana Musienko, partner and head of tax at DLA Piper in Ukraine, has been re-elected as a board member of the IFA in Ukraine for the third time in a row.
Ilyashev & Partners represents its clients worldwide by working closely with many leading international law firms abroad.
Addleshaw Goddard has released the latest version of its InVest publication, which focuses on developments affecting banks, wealth managers, brokers and funds.
The recent judgment in the Guernsey case of (Investec & ors v Glenalla & ors) deals with the risks faced by the trustees of an insolvent trust.
A commercial entrepreneur who applies national accounting standards has the possibility to operate a revaluation of its industrial property assets in the 2013 balance sheet.
In the ever-developing world of IP, new and exciting projects are never in short supply. This overview covers some of the burning topics in south-east Europe.
Schoenherr’s IP practice group has long-standing experience and an outstanding reputation in trademark, design, patent, copyright and unfair competition matters.
The costs decision in Bocacina Ltd v Boca Cafes Ltd followed the trial judgment in which the claimant succeeded in a passing-off action against a café business.
The IRS has issued its first major ruling on the US federal tax implications of transactions in, or transactions that use, Bitcoin and other convertible virtual currencies.
This was one of the issues that the High Court had to deal with in Aodhcon LLP v Bridgeco Ltd in which the claimant entered into a bridging loan.
Together, the Eastern District of Texas and the District of Delaware account for almost half of all new patent case filings in the US.
Is my guarantor still on the hook? download
The Court of Appeal has confirmed that the rule concerning release of guarantors created by an 1878 case remains good law.
This article considers the important distinction between breaches of trust and breaches of a trustee’s duty of care.
Business and government agencies are readying themselves for the new privacy regime, which will take effect from 12 March 2014.
Nabarro is investing in the growth of its dispute resolution team with the lateral hire of Lee Gluyas, a partner with a specialist focus on complex IT disputes.
Italy real-estate update — February 2014: new rules on the payment of purchase prices in real-estate asset deals download
Paragraphs 63–67 of section 1 of the Law no. 147 introduced certain new provisions applicable to the payment of the purchase price in real estate transactions.
Head of the intellectual property and media and entertainment practices
An order has been upheld against two defendants for failing to produce adequate disclosure, resulting in judgment being entered against both for more than $7m.
Head of the employment and data protection practices
JPM Jankovic Popovic Mitic has announced that senior lawyer Nikola Poznanovic has been made a partner in the firm as of 1 February 2014.
JPM Jankovic Popovic Mitic has provided full legal support to Serbian companies Imlek, Knjaz Milos, Bambi and Diary Subotica.
Karanovic & Nikolic hosted more than 50 participants at the annual Corporate Counsel Forum, which was held in Belgrade on 7 March 2014.
Karanovic & Nikolic recently created a platform that brought together industry players to discuss financing and the bankability of energy projects in the western Balkans.
The claimant in Jobcentre Plus v Jamil worked in a job centre some 80 minutes’ travel time from home.
Kemp Little has had success at the Lawyers World 2014 Country awards, having been chosen for an outstanding level of service.
Khristy Spyrou and Myria Agathocleous have been unanimously voted to be partners of Pamboridis.
If you train at King & Wood Mallesons SJ Berwin, you’ll be with like-minded people: very bright, very commercial, very energetic young lawyers.
Barrister Sarah Pritchard has secured the dismissal in the Court of Appeal of the claimant’s appeal against the judgment of HHJ Armitage QC in this employer’s liability case.
Senior and managing partner
Ilyashev partner Maksym Kopeychykov will present a report at the II Annual Judicial Forum, which will be dedicated to Legal Practice Day.
KPMG International has announced that John Veihmeyer has been selected by the board of directors as the next global chairman.
KPMG member firms have conducted a survey of Internationally Active Insurance Groups (IAIGs) on the possible costs and potential benefits of global regulatory change.
KPMG has announced that member firms have received two awards from the Association of Management Consulting Firms.
Michael Conroy Harris of has said that the dampening effect that early 2014’s bad weather has had on the construction industry is not necessarily a bad thing in the quest for sustainable growth.
Latest update on the European Commission’s investigation into possible state aid for the Hinkley point nuclear new-build project download
The European Commission has decided to investigate alleged state aid by the UK into the nuclear new-build project at Hinkley point in Somerset. How has the UK responded?
The Law Commission is conducting a limited consultation on the first available draft clauses from its proposed Insurance Contracts Bill.
Law on deadlines for settlement of financial liabilities in commercial transactions — solvency crisis an ongoing issue download
The law on deadlines for settlement of financial liabilities in commercial transactions entered into force in December 2012 and became a current regulation on 31 March 2013.
Maria Eugenia Ramirez, counsel in Hogan Lovells’ Miami office, has been selected for the 2014 Fellows Program of the Leadership Council on Legal Diversity.
Legal nature of videogames — limits of application and evaluation criteria of technological protection measures download
The ECJ has ruled on the interpretation of article 6 of Directive 2001/29 in order to clarify the scope of legal protection afforded by such provision to copyright holders.
Stephenson Harwood hosted a seminar titled ‘Legal risk management: managing for success’ on 25 February 2014. Here is a summary of the panel discussion that took place.
Legislative decree no. 231/2001: the stance taken by the Italian Supreme Court on conspiracy crimes and more download
The Italian High Court has pointed out some significant aspects concerning the application of Legislative Decree No. 231/2001 (corporate criminal liability).
Lehman surplus distribution download
The High Court has decided how the expected surplus assets of Lehman Brothers International Europe should be distributed between a number of creditors.
The NSW Supreme Court decision in Video Ezy International Pty Ltd v Sedema Pty Ltd demonstrates that courts are prepared to take a tough line on franchisors.
Compared with other topics that relate more to specific industries (for example investment access), the topic of forex control liberalisation is of a more generic nature.
Licence renewal announcement reminder for TV stations in Arizona, Idaho, New Mexico, Nevada, Utah and Wyoming download
Pillsbury has issued a pre-filing and post-filing licence renewal announcement reminder for TV stations in Arizona, Idaho, New Mexico, Nevada, Utah and Wyoming.
GRATA Law Firm has unique and longstanding experience in successfully liaising with the relevant authorities for obtaining various licences, certificates and permits.
The Home Office is currently conducting a consultation on the relaxation of licensing hours during this year’s FIFA World Cup from 13 March to 26 March 2014.
Real estate has a lifecycle from site identification, through planning, development funding and construction, to occupation, use and eventual sale.
Our business is all about exceptional people. So we want the best and the brightest to fulfil their true potential at Linklaters.
Litigation update: High Court updates ‘reasonable endeavours’ — commercial interests vs an obligation owed download
The High Court has held that Woodside Energy and other gas suppliers in Western Australia did not breach their obligation under a gas supply agreement.
From 6 April 2014, LLP members will be taxed as employed if less than 20 per cent of their remuneration is linked to the overall profitability of the LLP.
Lookalikes: a wealth of confusion… brand-owners vs own-branders | competition law vs law of unfair competition download
Lookalikes are an age-old problem as brand-owners try to protect their brands from copying or leveraging by retailers or others.
Luxembourg legal update — March 2014: enforcement of 2013 financial information, criminal settlement for Luxembourg and more download
Arendt & Medernach has released its Luxembourg legal update for March 2014.
The ECJ has ruled that the management and administration charges of DC pension schemes may be exempted from VAT.
Luxembourg: developments in remuneration policy for banks, investment firms, UCITS management companies and external AIFMs download
The preceding weeks have been busy in terms of legislative and regulatory work in the field of remuneration policy.
M&A Weekly Update: guidance for corporate audit committees and prospectus directive forthcoming changes download
The M&A Weekly Update is a short one-page update on key developments relevant to M&A lawyers.
HMRC has published updated guidance on the new ‘salaried member’ rules, the rules that will treat members of an LLP as employees for tax purposes in certain circumstances.
A recent High Court case highlights the risk in deriving comfort from FCA guidance and the importance of reviewing the underlying legislation.
The Marriage (Same Sex Couples) Act 2013 comes into force on 13 March 2014, with the first same-sex weddings taking place on 29 March 2014.
Marshalling is an equitable remedy for achieving fairness between two or more secured creditors of the same debtor.
BDK’s media and entertainment practice provides expert legal and regulatory advice of relevance to the sector, media-sensitive businesses and the public.
Mediterranean Oil & Gas successfully defended a fraud claim brought by Leni Gas & Oil against two of Mediterranean Oil & Gas’s subsidiaries.
Peter Bartlett, the head of Minter Ellison’s media practice, has been made a life member of the Melbourne Press Club in recognition of his contribution to the club over 13 years.
Nicholas Scott discusses bilateral investment treaties and their role in protecting the interests of mining companies from detrimental actions taken by host countries.
Memery Crystal has acted for Gulf Keystone Petroleum in connection with its admission to the Official List and to trading on the London Stock Exchange’s Main Market.
Memery Crystal has acted for Mediterranean Oil & Gas in its successful defence of a fraud claim brought by Leni Gas & Oil.
BDK has extensive experience in the M&A sector in Serbia, Montenegro and Bosnia & Herzegovina, both in the context of privatisation and private transactions.
Manorial rights have been brought back into the minds of property owners by recent changes in the law.
Minter Ellison is advising two global investment banks on Kingsgate’s AUD59.4m institutional placement and accelerated non-renounceable entitlement offer.
Partner Nathan Cahill, senior associate Robyn Coote and consultant Elizabeth Mifsud from Minter Ellison have advised Quadrant Private Equity on the closure of its seventh fund.
Minter Ellison has announced that it has appointed Tony Harrington AM as its new chief executive from 1 July 2014.
Minter Ellison’s Paul Kallenbach has told the Australian Financial Review that many companies are not prepared for the biggest change in privacy laws in a quarter-century.
Following a number of amendments to Australia’s Insurance Contracts Act, Minter Ellison has launched the eighth edition of its Insurance Contracts Act Handbook.
Ever since the Equality Act came in, there has been uncertainty as to whether it covers post-employment victimisation.
From 1 May, MOFCOM will make public on its website all decisions resulting in a finding that a company has failed to notify a merger in breach of the AML.
MOFCOM has issued the Guideline on Overseas Intellectual Property Rights for Enterprises for trial implementation on 8 February 2014.
Mole Valley District Council has procured Iken Case Management and Time Recording via the government’s G-Cloud framework.
Wragge & Co outlines the background to the case and the court’s decision and provides a comment on its impact for public bodies.
The Court of Appeal has confirmed the principle that an employer will not always be vicariously liable for the actions of its employees.
This was the finding of the Court of Appeal in Da Rocha-Afodu and another v Mortgage Express Ltd.
Mourant Ozannes has a new Jersey advocate and Jersey solicitor. James Daniel and Carol Doherty appeared before the Royal Court of Jersey on 3 March 2014.
Mourant Ozannes has a new Guernsey advocate. Matthew Guthrie, a senior associate within the international trusts and private client practice, has been sworn in at the Royal Court of Guernsey.
Mourant Ozannes has announced the promotion of three litigation lawyers in the Cayman Islands to senior positions within the firm.
Move towards a Chinese FATCA? Enhanced reporting requirements for PRC residents on foreign assets and transactions download
The PRC State Council has released the revised reporting requirements for ‘PRC residents’ in relation to their cross-border receipts and payments.
Nabarro has advised Cenkos Securities on the AIM IPO of XLMedia plc, which is expected to raise £41.8m and lead to a market capitalisation of £92.9m.
The corporate team at Nabarro has advised Hiscox on a £200m return of capital to its shareholders.
Joining us at Nabarro would greatly increase your chances of building the kind of career you have in mind.
Last week, Nabarro partner Ciaran Carvalho took part in a lively MIPIM panel discussion chaired by Estates Gazette editor Damian Wild.
Those following the recent developments relating to the national minimum wage could not be blamed if they thought to themselves this month — ‘bad news comes in threes’.
National minimum wage update download
Employers would be well advised to review their pay rates to ensure all applicable workers are receiving at least the national minimum wage.
NCTM has acted as legal adviser to Gala in its listing on AIM Italia, the alternative capital market devoted to SMEs and managed by the Italian Stock Exchange.
NCTM has assisted with the the closing of the complex restructuring of Edilmonte Roma, a company owned by the Ferro family.
NCTM, with the support of Rospatt Osten Pross, has assisted Ferrari in the litigation case brought before the Regional Court of Düsseldorf against the German retailer KiK.
NCTM has assisted Ferrari in a licensing agreement with PortAventura Entertainment that will allow the development of a theme park called Ferarri Land, in Spain.
NCTM has assisted LVMH in the establishment, as a minority shareholder, of a joint venture aimed at developing the Italian fashion brand Marco De Vincenzo.
NCTM has acted as legal adviser to Triboo Media, an Italian company specialising in online advertising, in its listing on AIM Italia.
In anticipation of the annual meeting of the INTA set to take place in Hong Kong on 12 May, NCTM will host Italy’s pre-annual meeting at its Milan office.
NCTM has announced the internal promotion of four professionals who have excelled in their various areas of the law in the last few years.
NCTM has strengthened its London office and banking and finance department with the appointment of a new partner, Andrea De Tomas.
The NDRC is collecting relevant information in the automotive parts industry and will likely launch antitrust investigations in this sector on suspicion of price-fixing cartels.
The Dutch Supreme Court has given its judgment in two landmark cases regarding the classification of hybrid finance instruments.
Nevada’s AG reminds retailers, wholesalers and suppliers: comply with alcohol beverage laws download
Retailers, wholesalers and suppliers of alcohol beverages in Nevada have been reminded of their legal obligation to comply with the provisions of Nevada’s alcohol beverage laws.
The amended California custody rule will come into effect on 1 April 2014.
The ICO has launched its guidance for app developers to help combat the perception that personal information collected through apps is not being appropriately protected.
New dismissal compensation limits download
The new compensation limits for dismissals taking place on or after 6 April 2014 have been published.
New rules will apply to most businesses selling to consumers in the EU, including to those selling online from outside the EU, from no later than 13 June 2014.
Tribunals will have the power to order that an employer who is unsuccessful at tribunal pay a financial penalty on top of any compensation due to the successful claimant.
The People’s Republic of China State Secrets Protection Law Implementing Regulations became effective on 1 March 2014.
In order to meet today the demands of tomorrow’s technologies, the newTech team combines the strength of leading experts in IP, IT, privacy, and telecommunications law.
In response to political developments in Ukraine and Russian military action in Crimea, the US, the EU and Canada have issued new sanctions.
There is a newly published white paper on a proposed law to protect against sex discrimination.
New York’s highest court narrows class of statutory residents — good news for some out-of-state owners of residential property download
The New York Court of Appeals has made an important ruling on what qualifies a person to be classed as a statutory resident of New York.
No duty of care to passers-by download
For a duty of care to be established in a personal injury claim, foreseeability of harm on its own is not enough; proximity between the parties is also required.
London’s equity capital markets will benefit from a further boost next month as the new stamp duty exemption for securities trading on growth markets comes into effect.
There is a general rule in property law that successors in title will not be bound by the burden of a positive covenant — such as a positive payment obligation.
No5 Chambers’ Mark Kelly has acted for the defence in the case of Gurdev Nagra, who has been spared jail after pleading guilty to two charges of assisting unlawful immigration.
Sajid Ali had his conviction of rape quashed after three judges heard that jurors were not told the alleged victim had made a previous false claim of indecent assault.
Anthony Connolly, represented by Earl Pinnock of No5, accused of accompanying his son Lee Connolly on drugs runs between Plymouth and Liverpool, has been cleared by the jury.
Three No5 Chambers barristers have acted for Barwood in the successful defences of section 288 challenges brought by South Northamptonshire Council.
No5’s criminal group is deeply concerned about the persistent stance of reducing fees in respect of VHCC fees and litigators’ fees.
On 1 March, No5 hosted a debate considering the role of the UK government in the 1984 attack on the Golden Temple in Amritsar, Punjab, India.
No5 Chambers is sponsoring this year’s Child Brain Injury Trust Conference and Exhibition, which is due to take place on 26 March in Manchester.
Sports law experts at No5 Chambers have been instructed to represent a boxing manager whose licence was recently withdrawn by the British Boxing Board of Control.
No5 Chambers’ Ecky Tiwana has represented Marcus Cohen, one of five men jailed after stealing from a jeweller, then crashing their getaway car.
The Birmingham Law Society debating competition final 2014 will be held on 26 March. No5 Chambers is sponsoring the event.
Barristers Andrew Baker and Jasvir Mann from No5 Chambers defended in the so-called ‘leaking lager can’ affray case.
Claire van Overdijk of No5 Chambers has been appointed to the attorney-general’s London C panel of junior counsel to the Crown.
Earl Pinnock of No5 Chambers has defended Joyce Trail, a dentist who has been ordered to pay back more than £1.3m to the NHS.
Hashi Mohamed has been awarded the outgoing Pegasus Trust Scholarship for 2014 to Dubai. which gives opportunities in foreign jurisdictions to barristers of up to five years’ practice.
Ian Bridge of No5 has defended a business man who found himself facing eight separate allegations of fraud on his company, which at the time was indebted to the Natwest Bank.
The University of Belgrade Faculty of Law will host the sixth Belgrade open pre-moot competition on 5–6 April 2014, in which No5’s Tim Jones will act as arbitrator.
Barrister Adam Farrer from No5 Chambers has acted for the Criminal Injuries Compensation Authority (CICA) in two catastrophic brain injury cases.
Jack Feeny from No5 Chambers has represented Angela Cobbina, former head of legal at the London branch of ABN AMRO, who brought claims for discrimination and unfair dismissal.
Paul Joseph from No5 Chambers has won in the Court Of Appeal for the home secretary.
Barrister Nassera Butt from No5 Chambers represented a local surrogate in a partial surrogacy case in July 2013 before Mrs Justice King.
Barrister Richard Moat from No5 Chambers has acted for David Williams in an inquest into the death of Williams and Paul Hodge.
Barrister S Chelvan from No5 Chambers has drafted written comments for the forthcoming Strasbourg case of A. E v Finland.
NPPF and housing land download
It is quite a regular occurrence that appeals are allowed where councils are unable to show that they have a five-year housing land supply or an adopted local plan.
Object restrictions on the menu download
The central subject of AG Wahl’s opinion is whether the tariff arrangements of Cartes Bancaires in relation to credit cards is an agreement that restricts competition by ‘object’.
Here is a summary of obstacles that need to be considered and overcome.
OFT launches a market study into residential property management services to leaseholders in England and Wales download
The OFT has launched a market study into residential property management services that will look at how the market is working for leaseholders and freeholders in England and Wales.
Ogier has advised online fashion retailer Boohoo.com on its corporate reorganisation and subsequent successful AIM listing.
Ogier in the BVI has acted for Russian hypermarket chain Lenta in its recent IPO on the main market of the London Stock Exchange and the Moscow Stock Exchange.
Ogier has advised Citigroup, Morgan Stanley and KKR in connection with the $1.7bn acquisition of Del Monte Foods Consumer Products.
Ogier BVI and Bryan Cave have advised a private investor group led by Peak Hotels & Resorts Group on the acquisition of Aman Resorts.
Ogier has advised Avis Budget on the Jersey law aspects of its recent €200m add-on to the 2014 senior notes issuance by Jersey issuer Avis Budget Finance.
Oh my — the Commissioners of HM Revenue & Customs v Executors of Lord Howard of Henderskelfe (deceased) download
The Court of Appeal has confirmed that the owners of the famous painting of Omai by Sir Joshua Reynolds were exempt from CGT on its sale in 2001 for £9.4m.
The April year end is almost here, and a law firm leader’s thoughts turn to financial reporting. And fish.
Steve Webb has confirmed that the government is ‘actively exploring’ if it can amend the Pension Protection Fund (PPF) legislation in regard to employer insolvency.
The Public Services (Social Value) Act 2012 came into force at the end of January 2013 and is part of the government’s ‘Big Society’ initiative.
Opening negotiations with the EU download
Commencement of accession negotiations between Serbia and the EU was announced on 21 January.
Barrister Fiona Horlick from Outer Temple Chambers has successfully defended a surgeon working for the Mid Staffs NHS Trust.
Outer Temple Chambers’ Patrick Sadd and Harriet Jerram have been appointed counsel to the Independent Jersey Care Inquiry to look into child abuse on Jersey.
Gerard McDermott QC of Outer Temple Chambers has acted as leading counsel for the claimants in a significant cross-border case.
Michael Uberoi of Outer Temple Chambers has concluded two lengthy hearings in the Medical Practitioners Tribunal Service (MPTS).
Franchise systems have been, and continue to be, sought-after investment and acquisition targets.
One aim of the Online Safety Bill is to educate parents about online safety. Educating parents to keep their children safe is the most effective safeguarding measure.
Pawel Lipski has been promoted to partner at Wierzbowski Eversheds. Together with Tomasz Zalewski, he will head the intellectual property and e-business teams.
In Fage UK v Chobani UK Ltd, the claimant, FAGE, was a Greek manufacturer of yoghurt and its UK distributor.
Patent litigation heats up in the Southern District of Florida: practical implications for brand owners download
Although not yet operating on the scale of the EDTX or Delaware, the Southern District of Florida is rising in popularity as a patent jurisdiction.
Penningtons Manches client Alumno Developments has had its plans for one of London’s tallest student flats towers approved by the London Legacy Development Corporation.
Penningtons Manches has advised Oxford Gene Technology on its acquisition of Cytocell.
Penningtons Manches’ real-estate team has exchanged on a major deal for Sellar Property Group.
Changes to pension protection on a TUPE transfer take effect from 6 April 2014.
Pensions rights on TUPE transfers download
Where an employer takes on employees under a TUPE transfer who were members of an occupational pension scheme, a minimum level of pension must be provided going forward.
The pharmaceutical industry is one of the key business sectors for Ilyashev & Partners.
Pillsbury has announced that Alan B Kalin has joined the firm’s corporate and securities — technology practice in the Silicon Valley office.
In a move designed to bolster the firm’s presence in Japan, Pillsbury has announced that Anthony Raven and Simon Barrett will join the firm’s finance practice in Tokyo.
Pillsbury has launched an interdisciplinary legal team focused on unmanned aircraft systems that is led by Kenneth Quinn.
Pillsbury has announced that partners Graham Tyler and Debra Erni will join the firm’s finance practice in London at the beginning of May.
In R v Herefordshire Council & others, the High Court addressed the proper interpretation to be given to section 38(6) of the Planning and Compulsory Purchase Act 2004.
A report has considered a local highway authority’s refusal to create a vehicle crossover from the highway over a grass verge to the complainant’s driveway.
It is time for long-term UK residents to think about whether they are coming up to their deemed domicile date for UK inheritance tax purposes.
Michael Rudd has joined Kings Chambers to further add to the strength and depth of the set’s planning, environmental and administrative law team.
This note is intended to provide a brief overview of the Planning Practice Guidance and some of its key features.
Getting tenants to sign on the bottom line can be hard at the best of times. Is there an alternative option? Listen to Gateley’s podcast to find out more.
Limiting the rules of representation of a company is one way to secure the company against unauthorised actions on its behalf.
The Polish government has adopted a draft bill to amend the Geological and Mining Law and a draft Bill on Special Hydrocarbon Tax.
Andrew Northage considers another case in which the FCA took enforcement action against inadequate anti-bribery procedures — even where no bribery had occurred.
PPF entry and overseas employers download
The case of Olympic Airlines has highlighted the difficulty for a pension scheme with an overseas employer in gaining entry to the Pension Protection Fund (PPF).
The deadline for certifying or re-certifying contingent assets, in order to secure a PPF levy reduction, is 17:00 on 31 March 2014.
PRC Company Law amendment download
Amendments to the PRC Company Law eliminate the minimum capital requirements and ease statutory procedures for company establishment.
Collyer Bristow has recruited experienced international private client tax specialist William Hancock from Speechly Bircham.
Modern company, partnership, trust, and other related laws have made Bermuda a leading offshore financial centre for the formation of private equity vehicles.
Private Equity Perspectives — March 2013: penalty clauses — the importance of careful drafting download
When entering into corporate and commercial contracts, it is common to structure the deal so that if there is a breach it can be compensated without having to bring court proceedings.
In the current market, private equity sponsors are increasingly looking at initial public offerings (IPOs) as a real exit option for their portfolio investments.
Taylor Wessing private equity partner Ed Waldron meets with Rob McCombie, investment director at CBPE Capital.
Prize promotions across the world download
This handbook is designed to equip clients with a useful tool to assist them with the management of the early development stages of a promotion.
Following Mr Grantham’s passing, his family discovered that he had written a will leaving his entire estate to Battersea Dogs Home.
Walker Morris regulatory team director Ray Watson provides an overview of the Competition Commission’s working paper on the profitability of payday lending companies.
The dispute in the case arose between two neighbours over the ownership of a strip of land just a few inches wide between their properties.
This alert summarises the draft legislation and the key issues for affected entities.
The proposed Exploration Development Incentive is intended to provide an incentive for investment in junior mineral exploration companies.
Eversheds believes the proposed new Institutions for Occupational Retirement Provision (IORP) Directive is far too detailed and prescriptive.
How do public sector landlords tackle the problem of access in respect of gas safety inspections and fire safety risk in leasehold properties?
In a decision in January, the Information Commissioner’s Office found that the Financial Conduct Authority had breached the Freedom of Information Act 2000.
On 25 February 2014, Dacheng attorney Qi Yan was officially retained by Qinghai Credit Guarantee Group Co as standing legal counsel.
The Queensland Parliament’s consideration of the Regional Planning Interests Bill has progressed.
In Re Parmeko Holdings Ltd, the court had to consider whether to give directions to administrators where creditors had failed to vote on their proposals.
The real-estate practice group is highly regarded across CEE/SEE. It enjoys high visibility in the region’s largest and most important transactions and projects.
DLA Piper has released Issue 15 of its Real Estate Gazette, which focuses on the topic of sustainability.
A number of online estate agents have ventured onto the market to challenge the traditional high-street agent.
We accompany clients throughout the life of a real estate project, from setting up adequate SPV structures to drafting relevant transaction documentation.
The legacy of the global financial crisis is ever apparent, especially for those working in the real-estate finance sector.
It was announced on 29 January that the UK’s major supermarkets have agreed to report on how much food they waste each year.
This report includes an analysis of the results of Eversheds survey on the Employment Tribunal process, which is based on 180 responses.
Reforms to TUPE 2006 — a quick guide download
This table details the original position under TUPE 2006, the proposal for reform, the government’s response and the new TUPE 2014 regulations for all areas of TUPE.
This article considers the recent Employment Appeal Tribunal decision in Secretary of State for Work & Pensions (Jobcentre Plus) v Jamil & Ors.
The Regional Planning Interests Act 2014 differs in some significant ways from the Regional Planning Interests Bill introduced into parliament in November last year.
This was one of the findings of the High Court in Bassano v (1) Toft, (2) Biddulph and (3) Borro Loan Ltd.
Regulating CCTV use in the UK download
With technological developments and the increase of CCTV in public places, the role of regulation and guidance will become increasingly important.
The start of 2014 has seen the financial regulators begin formal investigations into the troubled Co-operative Bank.
Schoenherr’s regulatory expertise and longstanding experience is recognised as the standard bearer for regulatory-related advice.
Regulatory Update — Serbia: the key risks and mitigating measures in the banking sector, the Vienna Initiative and more download
There are 30 banks in Serbia, of which six are state owned (wholly or partially) and 21 are foreign owned.
Withers provides a reminder of the nasty but often overlooked traps that it regularly comes across on UK domicile.
Individuals wishing to protect their pension savings between £1.25m and £1.5m must apply for Fixed Protection 2014 by 5 April 2014.
The EAT has held that the removal of a police dog from its pregnant handler during her maternity leave constituted direct discrimination.
Edward Cooper and Jill Carey discuss how businesses can avoid certain pitfalls when renewing a commercial lease.
The Court of Appeal has delivered its judgment in the eagerly anticipated Game administration.
Review of HSE Temple Report download
The new edition of the Temple Report was published in January 2014 and contains helpful and interesting analysis of the functions and effectiveness of the HSE.
An independent review in relation to Mr Ian Paterson’s conduct at Spire Parkway and Little Aston Hospitals has been carried out by Verita.
The recent Supreme Court case of Coventry and others v Lawrence and another should be welcomed by developers.
Michael Conroy-Harris, a construction expert at Eversheds, has commented on the recent rise in construction output due to house building.
It’s hard to imagine a world where a building isn’t constructed by man. But are we fast approaching an age where robots could do this task autonomously?
Sarah Stewart and Scott Phillips discuss the Court of Appeal decision in Rogers v Hoyle and what it means to bereaved families and injured survivors of aviation accidents in the UK.
Romania: new perspective on dawn raids and leniency following criminal legislation amendments download
The entry into force in Romania on 1 February 2014 of the new criminal codes implementing laws brought important changes to certain non-criminal laws.
The Home Office recently announced its latest set of changes to the UK’s immigration rules. Most of the key developments will take effect from 6 April 2014.
The court has emphasised the onus on a plaintiff to ensure their case is progressed expeditiously and the need to balance that obligation with the European Convention on Human Rights.
Royal Decree-Law 4/2014, of 7 March 2014, on urgent matters in relation to refinancing agreements and debt restructuring download
The Spanish Council of Ministers has passed the Royal Decree-Law 4/2014 on urgent matters in relation to refinancing agreements and debt restructuring.
RMR provides detailed information on the restrictions applicable where an OFI markets or sells a range of financial products and services on a cross-border basis.
S Chelvan of No5 Chambers has established some guidelines that are designed to ensure immigration officials ask the right questions of LGBTI people.
A local authority or inspector required to decide whether or not to grant permission for development that affects a listed building is bound by s.66(1) of the Planning Act 1990.
This article explains how to handle issues of trade and business secret protection from an employment law perspective in Germany.
To improve protection of consumers and regulate the booming online shopping activities in China, SAIC has updated existing rules regulating e-commerce activities.
A purchaser who obtains part of a propertyt hat has the benefit of a right of way must assume the burden of contribution to that right of way.
Senior partner and advocate, GRATA Kazakhstan
Schoenherr is expanding its EU and competition practice with a reinforced and newly staffed office in Brussels, which will be headed by Volker Weiss.
Schoenherr practice areas in Austria and across CEE attained eight rankings in the top tier (Band 1) awarded by Chambers and Partners.
Stefanie Stegbauer has been promoted to counsel at Schoenherr as of the start of February 2014. Stegbauer specialises in Austrian and European competition law.
Penningtons Manches has announced that Séamas Gray has joined the law firm as a restructuring and insolvency partner.
A decision by the First-Tier Tribunal Property Chamber has illustrated another complication in meeting both leaseholder consultation and EU procurement requirements.
Section 30(1)(c) LTA 1954 — a rare case involving the refusal of a landlord to grant a renewal lease download
Horne & Meredith Properties v Cox and another involved the refusal of a landlord to grant a renewal lease because the relationship between the parties had irretrievably broken down.
Serbia business shape 2014 download
Serbia greatly welcomes foreign investment, as is shown by the Law on Foreign Investments, which prescribes certain exemptions and freedom exclusively assigned to foreign investors.
The Serbian political scene has seen a good deal of turbulence these past months due to all the events preceding the elections.
The Serbian Arbitration Association (SAA) has announced the founding of the Belgrade Arbitration Center. JPM is one of the founding members of the SAA.
In December 2013, the Serbian Commission for Protection of Competition conditionally approved the takeover of Mercator by Agrokor.
In the case of serious irregularities in an employer’s disciplinary proceedings against an employee, the employee may be able to seek an injunction preventing the employer from dismissing them.
If you are a tenant under a commercial lease and wish to assign your interest, underlet, charge or part with possession, then you are likely to need your landlord’s consent.
Insolvency proceedings were opened in respect of the assets of a German resident; the liquidator then sought to set aside a transaction that had been entered into with a resident of Switzerland.
Paul Reeves, employment partner at Stephenson Harwood, has commented on how covert recordings in disciplinary and grievance proceedings can be used in subsequent litigation.
Paul Reeves, an employment partner, has discussed whether an employee can stop a disciplinary process and make the employer start again.
Shamrock Shake: St Patrick’s Day earthquake in Los Angeles is a reminder to check your property insurance policy download
The St Patrick’s Day earthquake serves as a reminder to be informed about your current and future residential or commercial earthquake insurance coverage.
A new system of shared parental leave will supplement the current maternity, adoption and paternity leave schemes with effect from April 2015.
Directors should be aware of various shareholder rights of action where shareholders do not agree with directors’ decisions.
The government has published three sets of draft regulations concerning the new shared parental leave scheme and how it will operate.
DLA Piper has released the winter 2014 issue of SHE Matters, a newsletter dedicated to safety, health and the environment.
Ince & Co provides an overview of the contractual issues that may arise should matters escalate in Ukraine.
The recent case of Astipalaia v Hanjin Shenzhen  EWHC 120 (Admlty) has revisited the existing case law on assessment of damages following a collision.
Shoosmiths has advised LDC on its investment to support the £17.8m management buyout of GMG Property Services, a UK provider of software services to estate agents.
Shoosmiths has advised the sellers on the £40m sale of digital marketing agency Realise to St Ives, a UK provider of marketing solutions and publishing services.
Shoosmiths has hired Kenny Scott, who has expertise and specific experience of advising clients in a number of sectors.
Shoosmiths’ Edinburgh team has been named ‘Private Client Team of the Year’ at the Scottish Legal Awards 2014.
The Court of Appeal has upheld a decision of the High Court to deprive a successful party of its costs on the grounds that it had not responded to an invitation to mediate.
Singapore aims to promote business by enhancing corporate tax incentives: key points in one chart download
Singapore’s government has proposed enhanced incentives intended to support business transformation and upgrading, in particular for SMEs.
Eversheds has commented on the recent CBI retail figures for the UK that show slowing sales in March.
The claimant, Wellesley, retained Withers to draft an agreement with a Bahrain bank, Addax. Addax was to invest £2.5m or $5m in exchange for a share of the business.
Associations often forget how SDLT works when their leaseholder or, in cases of repossession, their lender wants to buy the home outright, or ‘staircase’.
The Energy Company Obligation Order provides a sizeable potential source of funding to developers carrying out redevelopment or improvement works on housing stock.
The government has published a consultation to consider whether zero-hour contracts are being abused and what action can be taken to tighten up their use.
An employer’s initial refusal to make a reasonable adjustment did not start the time limit running for bringing a disability discrimination claim.
The purpose of this paper is to examine the impact of a sovereign state restructuring on credit default swaps.
Starting 1 January 2014, the tax treatment of debt restructuring modifies both Spain’s Corporate Income Tax Law and its stamp-duty regulations.
Sports, Media and Entertainment Intelligence is the global monthly publication from DLA Piper’s sports, media and entertainment group.
Practically every aspect of financial law is regulated and controlled to the highest degree. Not so state insolvency.
Connecticut may join a number of states that currently require merchants to provide the remaining cash balances on gift cards to consumers upon request.
The Court of Appeal has handed down its judgment in Mehjoo v Harben Barker. Its decision will come as a relief to tax practitioners and professional advisers.
The new inter partes review procedure provides an opportunity to challenge the validity of issued patents at the US Patent and Trademark Office.
Stephenson Harwood has advised frozen food manufacturer Findus Group on the acquisition of the retail business of Lutosa, a Belgian frozen potato brand.
Stephenson Harwood has advised Northern Rail on the negotiation and signing of its 22-month single tender award franchise agreement with the Department for Transport.
Stephenson Harwood has advised Soma Oil & Gas Holdings on an equity investment of $50m from private equity investment company Winter Sky.
Stephenson Harwood and Virtus Law have received approval from the Singapore attorney-general’s chambers to form the Stephenson Harwood (Singapore) Alliance.
Paul Reeves, an employment partner at Stephenson Harwood, has commented on the highly anticipated extension of the right to request flexible working.
Stephenson Harwood has appointed Tom Platts as a partner in its corporate practice in Singapore. Platts has been based in Singapore for three years.
Stephenson Harwood has re-appointed Sharon White as chief executive officer (CEO) to serve a further three-year term.
Stephenson Harwood has secured judgment in favour of the state-owned Nigerian National Petroleum Corporation (NNPC) after a 10-year dispute in London with IPCO.
Fraser Sparks, pensions partner at Stephenson Harwood, has commented on DC occupational pension schemes and decumulation.
Streamline e-discovery download
Today’s corporations, law firms and government entities increasingly look to e-discovery solutions to help them respond to a legal matter, a legal hold request or an investigation.
Stricter control on insolvency fees? download
On 17 February 2014, government minister Jenny Willott announced that the government intends to place limits on the fees insolvency practitioners can charge.
The Supreme Court judgment in P & Q and P v Cheshire West has finally been handed down. Barrister Laura Davidson from No5 Chambers comments on the decision.
Supplies of goods to customers fraudulently using a bank card are subject to VAT where the card provider pays for those goods download
The CJEU has ruled that a supplier must account for output VAT on payments received from third party card providers for supplies made to customers who bought goods using a fraudulent card.
DLA Piper has released the Q1 2014 issue of Supreme Court Corner, which reviews seven recent intellectual property and technology cases.
A representor has been held liable for its negligent misrepresentation to another party other than the party that was later induced to conclude the contract.
Supreme Court dismisses police appeal and refuses to allow secret evidence in application for production order against Sky News download
R (on the application of British Sky Broadcasting Ltd) v The Commissioner of Police of the Metropolis involves conflicting areas of public interest.
The Supreme Court has handed down its judgment in relation to P v Cheshire West and Chester Council (& Ors) and P and Q v Surrey County Council.
Surrogacy: European Court decides that only the mother giving birth can take maternity leave download
The two women who brought claims in the European Court both used surrogate mothers in order to have a child.
Finding solutions to flooding is a matter of high importance for the government, driving changes in the law relating to foul and surface water drainage.
Switzerland-UK Budget 2014 analysis download
Despite the usual rumours, the UK Budget was, at least in tax terms, one of the more uneventful Budgets in recent years.
Taking security over patents download
Without being able to offer suitable security, a business may find it difficult to borrow, or at least the terms of secured borrowing will be more favourable than those of unsecured borrowing.
BDK’s tax group offers advice on a full range of tax issues in local and cross-border contexts and is accustomed to questions that require new solutions.
Schoenherr’s tax practice group advises domestic and international clients on their most sophisticated and challenging tax matters.
Ilyashev & Partners has been successful in numerous litigations with the tax authorities and the Main Control and Revision Office of Ukraine.
GRATA Law Firm has wealth of experience in the area of tax planning of dealings, analysis and minimisation of tax risks, as well as participation in and successful solution of tax disputes.
Jersey has approximately 30 tax information exchange agreements currently in force, with more in various stages of negotiation and agreement.
Tax Newsletter — Serbia: rulebooks on tax balance and tax returns for corporate taxpayers and entrepreneurs download
Karanovic & Nikolic has published the March 2014 edition of its Tax Newsletter.
Taylor Wessing has advised Brentford FC on the successful planning application for a new 20,000-seat stadium.
Taylor Wessing has advised Cahill Energy on its historic agreement with the Barbados government to build and operate a waste-to-energy plant on the island.
Taylor Wessing is advising Eagle Eye Solutions Group on its proposed flotation on the AIM market of the London Stock Exchange, as well as its acquisition of 2ergo.
Taylor Wessing’s private equity group has advised Electra Partners on the acquisition of audio mixing console manufacturer Calrec from D&M Holdings.
Taylor Wessing’s trainee intake is a purposely small and select group of individuals.
Taylor Wessing’s Düsseldorf restructuring team has helped the insolvency adminstrator of five subsidiary companies sue three former board members of Babcock Borsig.
Partner and co-head of the shipping group Oliver Rossbach will participate in a panel discussion at INSOL Hong Kong about shipping insolvencies and restructurings.
Those who have had any involvement with Telephone Consumer Protection Act (TCPA) litigation in the last year will be unsurprised to learn that TCPA lawsuits are on the rise.
A consistent message is that there is a rapidly approaching ‘data capacity crunch’.
Relief will be available for new properties completed after 1 October 2013 and before 30 September 2016 that are unoccupied for the first 18 months after completion.
Eversheds has welcomed 10 new members to the Eversheds Africa Law Institute (EALI).
Ten obstacles to mediation success download
Gerard Khoshnaw, an experienced mediator and partner at Gateley in Leeds, gives his top 10 tips on how SMEs can use mediation to resolve business disputes.
Ten years of Facebook: where is the ‘twibel’ equivalent and why Zuckerberg’s creation is different (if, indeed, it is)? download
Facebook has much to be credited for. But such a novel and ambitious concept was bound to encounter some difficulties, many of which have been legal in nature.
The court has overturned a decision that a tenant, which remained in occupation of commercial premises after its lease had expired, did so on the basis of an implied annual periodic tenancy.
The tenant has left behind a number of items. What next? Can the landlord simply chuck them out? In short, the answer is no.
Terminating long-term distribution agreements; the court’s approach to injunctions to prevent termination download
The termination of a long-term distributor or licensing agreement is a serious step for any distributer or supplier.
Walker Morris has held its third Food Leadership Dinner at the Cedar Court Hotel in York, which was attended by key figures from the UK food and drink sector.
The Preparatory Committee for the Unified Patent Court (UPC) has now published the 16th draft of the Rules of Procedure intended for the UPC.
If an individual borrower is made bankrupt or dies or if a corporate borrower goes into liquidation, any receiver appointed loses the agency relationship they would have previously had.
With the World Cup only three months away, employers need to consider the impact that a four-week international football event may have on the workplace.
On 19 March, there were some rather significant announcements affecting the tax and personal finance landscape.
House Ways and Means Committee chairman Dave Camp this week introduced a draft of the most comprehensive reform of the Internal Revenue Code in decades.
This paper explains the attractions of the Cayman Islands as a destination for managers wanting to establish offshore hedge funds.
Employers have a much greater opportunity to collect and retain vast amounts of information. This information is useful to have on file — but what are the risks?
Geographical licensing is the practice where the owner of the rights to a product grants to a licensee the right to develop the product in a specific country or territory only.
The Confidential Relationships (Preservation) Law: the Cayman Islands’ Confidentiality Legislation download
The CRPL was enacted with a view to maintaining the confidentiality of commercial activities that take place in or in connection with the Cayman Islands.
The issue of piercing the corporate veil has recently come under the spotlight. However, the cases have sometimes been decided in a way that is not entirely consistent.
The government is debating the proposals to the Deregulation Bill. There is one controversial clause that will introduce partial licences for insolvency practitioners.
The euro and currency unions download
This briefing reviews the role of the euro in the context of the formation and break-up of currency unions.
The euro: the ultimate crib download
This paper is a summary checklist of the state of the art about contingency planning for a euro break-up.
The European Commission’s first decisions on ‘pay-for-delay’ arrangements attempt a tricky balancing of competing legal and policy objectives.
For most HR practitioners and in-house counsel, keeping abreast of domestic legal developments can be challenging. For those with a multi-national remit, the task is huge.
Keeping track of the latest European developments, as well as domestic trends and changes, can be difficult — all the more so for multinational businesses.
The Financial Report — CSA proposes prospectus amendments; ASIC on use of internet for selling securities; and more
DLA Piper has released the latest version (Volume 3, No.5) of The Financial Report, featuring news and analysis from across the financial sector.
Shadow banking is an incredibly complex and complicated subject that regulators themselves still do not know how to tackle.
The future of cyber-security. Threats and opportunities — what in-house counsel need to know download
The ascent of the internet and computing has fuelled the importance of cyber-security, such that cyber-security has taken on a core strategic importance to business.
Ian McEwan and Jill Carey provide a summary of the issues that should be taken into account by a company when planning an exit strategy.
Emily Brand, a partner in Winckworth Sherwood’s family team, has been quoted in an article in The Guardian that discusses pre-nuptial agreements.
At a time when well-known names are disappearing from the high street as a result of retailers going into administration, the spectre of corporate insolvencies has never loomed larger.
The importance of risk assessments — first publicity order in corporate manslaughter case and general case update download
These cases highlight one point over and over again: risk assessments. They are either not in place at all or are undertaken but not followed.
The Jobs Act: scene 2014 — take 34 download
The aim of this new reform is to stimulate job creation in Italy, which in January 2014 recorded a youth unemployment rate of 42.4 per cent.
In its 2013 Annual Report, the Luxembourg Direct Tax Authorities reported on new tax treaties with Hungary, New Zealand, the UK and Uruguay.
The notion of ‘gross negligence’ is an important matter for customers and institutions alike and has been reviewed by the High Court and Supreme Court in deciding a recent case.
The recent unseasonal weather has put into question organisations’ accident and incident investigation procedures and their ability to proactively assess incidents.
The new Planning Court, revised planning guidance, restated green belt policy and what constitutes a screening opinion download
A new and specialist Planning Court is being created. It will open for business on 6 April 2014, as part of the High Court.
The pari passu clause typically provides that the bond debt will rank pari passu with other debt or, in the case of sovereigns, other external debt.
Mrs Justice Eleanor King has warned of the dangers of informal surrogacy arrangements outside regulated fertility clinics, when an intended mother was left with no parental rights.
Barbara Allen, head of employee incentives, and Kiersten Lucas, senior employment associate, both from Stephenson Harwood, comment on clawback.
The transfer of consumer credit regulation to the FCA — what does this mean for motor dealers? download
Most motor dealers regularly carry out activities such as introducing customers to finance companies for the purpose of entering into hire and hire purchase agreements.
The Trust Deficit: After the Crash — DLA Piper’s response to a perspective report by Populus download
The Trust Deficit: After the Crash report suggests that trust between business, politics and the media has broken down completely.
A Dacheng senior partner has been honoured at the 2014 Working Conference of Non-Party Intellectuals Advisory Groups of United Front Work Department of CPC Central Committee.
The Whistleblowing Commission was launched by Public Concern at Work to investigate how UK whistleblowing laws work and how they might be improved.
A business must either own or have a licence to what it uses; otherwise it could infringe someone else’s intellectual property rights.
While the new TUPE regulations are not as far reaching as originally anticipated, there are some important changes that give employers more flexibility.
Contracts that do not state their duration or explain how to deal with their termination can be terminated by one or both of the contractual parties giving reasonable notice.
Eversheds has commented on the publication of the Lord Davies report into the role of women in UK boadrooms.
The extradition hearing is under way in respect of five defendants who are accused of participating in the Rwandan Genocide in 1994.
Ben Watson from Three Raymond Buildings has appeared on behalf of the justice secretary at the Richard III burial case at the High Court.
A recommendation for the suspension of the Tier 1 (Investor) visa route has been made by the Home Affairs Select Committee.
Cloud-based document storage services have rapidly risen in number and popularity since the early days of DropBox in 2007.
Top 10 tips — insurance requirements download
Gateley looks at some of the themes that commonly crop up in transactions when negotiating insurance provisions in finance documents.
This year is already shaping up to be a big year in the world of patents, with a number of Full Federal Court decisions due to be handed down on important issues.
Top franchise cases of 2013 download
Barry Heller, John Hughes and John Dwyer are conducting a webinar reviewing 2013’s top franchise decisions. Three significant cases are summarised here.
We asked people across the European real-estate industry a series of questions about trends in sustainability, green certification and documentation.
Terry O’Regan, head of international trade at Eversheds, has commented ahead of the EU-US trade summit in Brussels on 26 March.
The General Court annulled the decision of the OHIM’s Board of Appeal, which had dismissed in its entirety the invalidity action of the applicant.
We have seen an increasing number of cases where a client holds and wishes to sell or transfer shares in a Cayman Islands company that is in liquidation.
Penningtons Manches has secured a favourable judgment for a British family following a High Court trial to determine who was responsible for a fatal road traffic accident in Portugal in 2010.
Travers Smith is looking for bold modern thinkers who want to be challenged from the start.
Proposed changes to the nature of the tribunal process come into effect during March and April 2014.
Tribunals are able to consider the reasonableness of final written warnings in dismissal cases download
The Court of Appeal has confirmed that an employment tribunal is able to consider the reasonableness of a final written warning when assessing the fairness of a dismissal.
The Royal Court of Jersey recently faced a trustee’s application seeking the court’s blessing of its refusal to disclose trust information to a former beneficiary.
The new statutory defence of truth is an attempt by the legislature to reflect and consolidate the ever-increasing body of case law that has developed over the years.
TUPE: amendment regulations implemented on 31 January 2014 and new BIS TUPE guidance published download
The TUPE Regulations 2014 came into force in January and made a number of changes to the existing legislative framework on transfers of undertakings and collective redundancies.
If two or more creditor meetings are needed to approve an IVA, the IVA will bind any creditor whose claim against the debtor arose after the first meeting.
DLA Piper sets out a summary of key items of interest announced in the Budget relating to businesses, corporate and finance taxation and real-estate taxation.
Ofgem, OFT and CMA have been have been working to assess whether the market for supply of gas and electricity to households and small firms is sufficiently competitive.
Financial institutions in Bermuda will soon be obliged to provide information to foreign tax authorities relating to the financial affairs of US and UK resident clients.
Danny Blum, partner and employee incentives expert at Eversheds, has commented on the potential for UK rules on executive pay to be toughened.
On 25 February, the UK Information Commissioner’s Office (ICO) published its updated code of practice on conducting privacy impact assessments.
UK on-shore shale gas and land rights: can a so-called ‘legal block’ stop the UK shale play in its tracks? download
Last year was a year in which the UK environmental lobby began to mobilise against the UK unconventional gas industry.
James Batham, a retail expert and partner at Eversheds, has commenting on the latest ONS retail sales figures for the UK.
Ukraine sanctions download
Companies should assess their business operations and relationships in Ukraine.
Ukraine/Russia sanctions escalate download
Sanctions have escalated at a rapid pace as western powers responded to the crisis in Ukraine and Russian’s annexation of Crimea.
The purpose of this brief note is to help market participants make contingency plans where the political crisis involving Ukraine results in sanctions and embargoes.
Unambiguous impropriety, without prejudice and dispute identification: EAT decision upholds sanctity of negotiation confidentiality download
The judgment in this case provides an excellent overview of the use of without prejudice correspondence and the limitations of the definition ‘unambiguous impropriety’.
Unco-operative: Groceries Code Adjudicator has say on Co-op seeking supplier payments for failure to meet target service levels download
The Groceries Code Adjudicator has published a GSCOP clarification. This is the second clarification issued by the Groceries Code Adjudicator.
The EAT had to decide two main issues: had the claimant made a ‘disclosure’? Did he suffer detriment as a result of that?
An unfair relationship arose between a creditor and debtor. So held the High Court in Link Financial Ltd v Teresa North Wilson.
The High Court has dismissed the challenge to the recently imposed fees regime in the Employment Tribunal system, brought by the trade union UNISON.
Up close and personnel: new compensation limits announced and Unison’s challenge of employment tribunal fees dismissed download
Bristows has published its Up close and personnel newsletter for February 2014.
On 20 March 2014, New York City mayor Bill de Blasio signed into law amendments to the Earned Sick Time Act (ESTA).
Update: joint ownership of property — a round-up of the major decisions in the wake of Jones v Kernott download
This briefing provides a brief summary of the major reported cases that have followed in the wake of Jones v Kernott.
President Obama has signed an executive order authorising additional sanctions against persons the US has deemed to be contributing to the ongoing situation in Ukraine.
Barack Obama has signed an executive order authorising targeted sanctions against persons determined to be contributing to the ongoing situation in Ukraine.
Paul Michel, a former chief judge of the US Court of Appeals for the Federal Circuit, has questioned the illegality of seeking an injunction.
US tax reform update: House Ways and Means chairman tax reform discussion draft and new building blocks for eventual US tax reform download
The last two weeks have seen significant developments in building the blocks for what could eventually form the base of US tax reform.
The costs to the NHS of outsourced pathology services will increase following a (reluctant) decision of the First-Tier Tax Tribunal.
An application for a new village green succeeds if it is proved that the land has been used as of right by members of the local community for lawful sports and pastimes for 20 years or more.
The ability of a private limited company to purchase its own shares is an extremely useful tool.
As different rules apply for volunteers and voluntary workers in some contexts, charities are often left uncertain what their obligations are to people who they believe to be volunteers.
Energy, waste and renewables lawyers from Walker Morris have advised Augean on the disposal of parts of its former Waste Network division.
Walker Morris’s corporate team has advised the management of Calrec Audio on its acquisition from D&M Holdings for £14m.
Walker Morris’s corporate group has advised CPP Group on the sale of CPP Holding’s 49 per cent shareholding in Home3 Assistance to Mapfre Abraxas Software.
Finance lawyers from Walker Morris have advised budget gym operator Xercise4Less on securing a £5.5m finance package from Lloyds Commercial Banking to facilitate expansion.
Walker Morris has advised Welcome Financial Services on the sale of Shopacheck Financial Services to Rcapital, a London-based private investment company.
Finance lawyers at Walker Morris have advised waste specialist company Augean on its £15m refinancing.
Finance and real-estate lawyers at Walker Morris have advised Evans Management on a funding deal worth £175m to assist with investment and acquisition opportunities.
Walker Morris has launched the 20th anniversary of its annual Children’s Calendar Painting Competition, which raises money for Yorkshire’s Martin House Children’s Hospice.
Walker Morris will hold the first of its new programme of employment breakfast seminars in Leeds on 7 April 2014.
Walker Morris will be speaking and exhibiting at the LGG Weekend School 2014 at the University of York.
Warning — California proposes major changes for Proposition 65 warnings: take part in the process download
The California agency that implements Proposition 65 has proposed far-reaching changes to the now familiar warnings required under that statute.
As the flood waters recede the key question for those who own or occupy affected properties is who is responsible for fixing the damage?
Fondazione Enasarco v Lehman Brothers Finance is an important decision in the context of characterising which claims will fall as insolvency-derived claims.
The Supreme Court has reversed the Cheshire West decision by seven Justices to zero and the Surrey decision by four to three.
What is the role of the Royal Court of Jersey in trustee applications for directions regarding disclosure of trust information? download
The Royal Court of Jersey has blessed the decision of the trustee of the Y Trust to refuse disclosure of information concerning the trust to the first respondent.
The intersection of provisions of labour, criminal, company and commercial law, although hard to imagine due to the diversity of these fields, does exist.
When should we DBS check? download
John Turner, lead regulatory lawyer at Anthony Collins, considers the guidance for criminal records checks with the Disclosure and Barring Service (DBS).
The Employment Rights Act 1996 makes it unlawful for an employer to subject a worker to a detriment on the ground that he or she has made a ‘qualifying’ and ‘protected’ disclosure.
A contractor suing the government for breaching ‘good faith and fair dealing’ need not show that the conduct was ‘specifically targeted’ to reappropriate the contractor’s benefits under the subject contract.
Why are you creating that pre-action document? More on litigation privilege (especially if you are a liquidator)
The Court of Appeal has had the opportunity to review litigation privilege again in the appeal of the decision in Tchenguiz v Director of the Serious Fraud Office.
The potential for employers to be exposed to disability discrimination claims arising from a failure to make reasonable adjustments for their disabled employees has been increased.
Wierzbowski Eversheds has advised the Insurance Guarantee Fund on a multilateral agreement on gathering and providing access to information in the Polish insurance industry.
Students and recent graduates of Polish law faculties have until 6 April 2014 to register and submit their work in the first stage of this year’s Law Games.
Wierzbowski Eversheds has made two new appointments: Pawel Lasota, who has joined the labour law team; and Radoslaw Forynski, who has joined the litigation team.
Wierzbowski Eversheds has signed an agreement to provide ongoing legal services to EDF Polska. The agreement is for three years.
Wildgen’s Emmanuelle Ragot recently negotiated a co-production agreement concerning Mr Hublot with a major European television channel.
Another judicial challenge has resulted in the Outer House requiring to consider and rule on the very same point of law considered in the Shetland case.
Winckworth Sherwood has created a dedicated tax team following the appointment of tax partner Simon Newsham.
The Queen has appointed the Reverend Canon John Rees, a Winckworth Sherwood senior parter, as one of her chaplains.
Winckworth Sherwood is set to attend MIPIM 2014 on 11–14 March in France. MIPIM is described as the leading real-estate event for property professionals.
The government has published a report regarding services for individuals with learning disabilities or autism who have mental health conditions or challenging behaviour.
Withers BVI has been acting for a group of companies in connection with the litigation between former husband and wife Martin Coward and Elena Ambrosiadou.
Woman’s best friend — removal of police dog from pregnant handler was direct discrimination download
PC Keohane’s status as a dual narcotics dog handler was important in that it enhanced her career prospects and gave her an opportunity to earn overtime.
Women who have children by surrogate mothers not entitled to maternity leave under European law download
The ECJ has confirmed that a woman who has a child by a surrogate mother is not entitled to the benefit of EU pregnancy and maternity rights.
Workplace bullying: past behaviour relevant in Fair Work Commission’s new jurisdiction — update download
The Fair Work Commission’s anti-bullying powers came into force on 1 January 2014. The new rules can apply to bullying that occured before that date.
Bristows trademark attorney Patricia Collis has been featured in the World Intellectual Property Review.
Wragge & Co’s projects team has advised on a £500m public-private-partnership (PPP) scheme to upgrade and extend the Scottish motorway network.
Wragge & Co has been appointed to advise Birmingham City Council on the sale of the NEC Group, which owns venues including the NEC, the ICC and the NIA.
The intellectual property (IP) team at Wragge & Co has won in the ‘UK Patent Contentious’ category at the Managing Intellectual Property awards.
The court has reaffirmed the danger of using a winding-up petition as a means of debt collection where the underlying debt is disputed and of refusing to mediate.
For the first time, the court has considered service of claim forms on directors under the Companies Act 2006, section 1,140.
A report from Eversheds, 21st Century Law Firm: Inheriting a New World, surveyed 1,800 young lawyers aged between 23 and 40 around the world.
If the news that the Big Four accountancy firms are ramping up their legal arms sounds like something you’ve read before, you’re not far wrong
Debevoise & Plimpton has posted a 2 per cent rise in total revenue for the 2013 financial year, with turnover growing from $675.43m to $688.2m.
Mishcon de Reya is launching a business crime unit with the hire of Alison Levitt QC, the principal legal adviser to the Director of Public Prosecutions (DPP).
Reed Smith has posted a 6 per cent increase in turnover for the 2013 financial year, with total revenue rising from $1.013bn to $1.075bn.
A case stemming from the dispute between Russian oligarchs Boris Berezovsky and Roman Abramovich over a $1.5bn stake in mining company Metalloinvest has settled on the eve of battle.
“That’s 70 pairs of bespoke Christian Louboutins at £4,000 each. That makes £280,000, and that’s not counting the Diors. I’ve lots of those, but they’re only £600 each.”
Gatwick 5:15am. White fog. You couldn’t see a hippo if it kissed you.
No longer an old boys’ club, PJ Kirby QC asks what it means to be a 21st century silk
39 Essex Street’s Jenni Richards QC successfully persuaded the High Court that a widow has the right to save her dead husband’s frozen sperm so that she could have his children in the future.
SproutIT, Legal IT Specialists, today announced that leading barristers’ chambers, 9 Gough Square has selected the LegalIT Cloud and managed services from SproutIT.
Can international law firm regulation keep up with the seismic legal market changes? It won’t be easy.
Allen & Overy is advising Société Générale on the disposal of its private banking business in Singapore and Hong Kong to Singapore’s DBS Bank, which turned to Allen & Gledhill and Clifford Chance for advice.
Two Allen & Overy (A&O) partners are facing an SRA investigation over what their barrister called an “extraordinarily ill advised” meeting during a high-profile bribery trial against businessman Victor Dahdaleh.
Allen & Overy has hired a second partner from Ashurst, Karan Dinamani, to boost its private equity practice, following the recent appointment of Stephen Lloyd as private equity sector group co-head.
Even before Paul Devitt was handed a second term as Addleshaw Goddard’s managing partner in an uncontested election back in January 2012 he had a big job getting the partners on side.
Addleshaw Goddard has added eight to the partnership for the second year running, but the firm’s litigation practice has not taken a new partner into the fold.
Addleshaw Goddard’s Paul Devitt is to stand down as the firm’s managing partner a year before his tenure was due to end on 30 April 2015, sparking an early election.
The former head of legal for Microsoft Russia has quit the technology giant to lead Akamai Technologies’ EMEA legal arm from the UK.
Akin Gump has posted a 7 per cent rise in turnover for the 2013 year, with revenue growing from $775m to $828m.
The London office of US firm WilmerHale is now dominated by interns, with 30 out of its 80 lawyers on a placement programme. London head Steven Finizio reveals the benefits.
Four solicitors in Hong Kong, including Allen & Overy’s (A&O) litigation consultant Kevin Kee, have been granted higher rights of audience by way of assessment.
Financial services dispute resolution body Prime Finance has recruited another 16 senior lawyers for its panel of experts, bringing the number on the list to more than 100.
Allianz has been granted an ABS licence for the launch of ALP Law in conjunction with catastrophic injury firm Serious Law.
Sitting here at 1.20am writing this whilst listening to Radio 4 on my TuneIn app, I realise that I am doing MIPIM all wrong
This week Nicky Richmond of Brecher finds quirky suits her at Basque restaurant Ametsa.
Having invested £17m on expansion and added £44.9m to the firm’s top line in doing so, DWF managing partner Andrew Leaitherland is now focused on recovering the firm’s profitability through successful integration.
Khawar Qureshi wants to start a debate about costs in the Commercial Court and he’s not afraid to ruffle some of the more conventional legal profession feathers in the process.
Ashfords has expanded its real estate team with the hire of two lawyers from Allen and Overy (A&O) and Gordon Dadds.
Brussels is often seen as the centre of Europe, home to the EU parliament and much of the EU bureaucratic structure and operations. Most international firms have a Brussels office of some sort, creating ample opportunity for recruitment
Ashurst’s Spanish litigation head Daniel Jiménez has left the firm to launch a litigation boutique, teaming up with white-collar crime specialist Margarita Santana from Madrid firm Lex Consulting Abogados.
All the latest partner hires and other appointments within firms and offices in the Asia Pacific region.
All the latest partner hires and other appointments within firms and offices in the Asia Pacific region.
The larger Australian firms have been striking out across the globe. But mid-tier firms have been busy too, and there’s a quiet wave of consolidation happening down under
Public sector lawyers have a lot to put up with. First savage budget cuts, and now outsourcing giants like Capita are circling. But a few local authority legal teams are starting to fight back. Find out how by reading the stories below
Axiomtek, one of the world’s leading designers and manufacturers of innovative, high performance and reliable PC-based industrial computer products, is please to introduce the most advanced digital signage management solution, the Intel® Retail Client Manager (RCM)
Baker & McKenzie is to be joined in its London financial services group by RPC’s former head of financial services and regulatory Steven Francis.
It is now two years since the collapse of mammoth firm Dewey & LeBoeuf. But the next chapter in the story of its dramatic spiral into crisis is about to emerge in lurid technicolour following a High Court trial last week.
Barclays in-house legal department has teamed up with diversity networks Aspiring Solicitors, The Black Lawyers Directory Foundation and The Sutton Trust to offer 80 legal work placements this summer.
At The Lawyer we don’t hide the fact that we’re fans of one of the BBC’s flagship shows, The Apprentice. What, frankly, would winter be without it?
The BBC is to hire three legal services apprentices to join its in-house legal team in London, making it the latest organisation to throw its weight behind legal apprenticeships.
Berrymans Lace Mawer (BLM) and Scotland’s HBM Sayers are to merge on 1 May to form a £100m risk and insurance firm.
Berwin Leighton Paisner has taken eight associates into the partnership across its London, Moscow and Hong Kong offices.
Bircham Dyson Bell is to merge with four-partner private client boutique Ambrose Appelbe, adding around £2m to its top line.
A quartet of partners from Bird & Bird in Sweden have left the firm along with six other lawyers to launch a boutique focused on emerging companies.
Blackstone Chambers has made its third major silk hire in a year through the addition of Brick Court Chambers silk Alan Maclean QC.
It involves the state, the media, the monarchy and the judiciary. No wonder today’s Court of Appeal judgment over Prince Charles’s infamous “spider letters” has racked up headlines.
How do you solve a problem like the Berwin Leighton Paisner (BLP) finance team?
Berwin Leighton Paisner (BLP) is to launch a four-pronged process mapping and outsourcing programme aimed at cutting costs in a move that will include the launch of a hub in Manchester.
Berwin Leighton Paisner (BLP) has become the latest firm to move into Myanmar through a tie-up with local firm Legal Network Consultants (LNC).
Berwin Leighton Paisner (BLP) structured finance partner Lucy Oddy has resigned for Latham & Watkins, the third departure to hit the mid-market firm in a week.
Berwin Leighton Paisner has named two new department heads within its finance team following a string of exits from the firm.
Indonesia is likely to be the next target as Berwin Leighton Paisner (BLP) looks to expand its newly launched Asia network of independent law firms.
Competition and EU partner Efthymios Bourtzalas has quit Ashurst’s Brussels outpost, just weeks after the exit of renowned partner Julian Ellison from the same group.
With arbitrators fleeing firms for boutiques and new rules expected from the LCIA any day it’s an exciting time to be in the settlement business
BP has kicked off its first UK legal panel review since March 2011, as the current roster’s three-year mandate draws to a close.
Slaughter and May has made up seven associates to partner in this year’s promotions round – the highest number of promotions in more than six years.
Burges Salmon has prioritised women and finance work in this year’s promotions round, with four lawyers joining the partnership - one more than last year.
Coach company National Express has hired Burges Salmon banking and transport partner Sandra Forbes as general counsel.
The legal team at Cambridgeshire County Council is considering setting up an ABS vehicle in a bid to cut the council’s legal expenditure.
Addleshaw Goddard has joined the legions of firms calling for a cash injection from fixed-share partners (FSPs) in response to HM Revenue & Customs’ (HMRC) partnership taxation crackdown.
Clifford Chance and Freshfields Bruckhaus Deringer have advised Temasek and AS Watson respectively, as the Singaporean sovereign fund buys a near 25 per cent stake in Asian Tycoon Li Ka-shing’s retail chain for $5.6bn (£3.5bn).
Brecher’s Nicky Richmond gets a taste of the Big Apple in London.
Chinese firms Commerce & Finance and Jingtian & Gongcheng are understood to have reached an intention to settle an ongoing legal action in Canada with 11 financial institutions.
Australian firm Clayton Utz and its Hong Kong association firm Haley & Co have broken off their relationship, with the former retrenching to focus on its domestic market.
A quartet of US and offshore firms have taken the lead roles on the dual listing of Russian hypermarket giant Lenta on the London and Moscow Stock Exchanges, creating the world’s largest publicly listed British Virgin Islands (BVI) company.
Clifford Chance has toppled six spaces in this year’s global project finance rankings as Allen & Overy (A&O) rises to pole position with $94.9bn worth of deals.
JP Morgan’s £130m legal battle with Berlin’s public transport provider BVG in which Clifford Chance was implicated for allegedly providing negligent advice has settled.
Clifford Chance has named banking and finance partner Robin Abraham as new Middle East managing partner to replace current head Graham Lovett.
Clifford Chance and Simpson Thacher & Bartlett are among the firms advising on the Carlyle Group’s $1.93bn buyout of Tyco International’s South Korean fire protection and security unit.
Clifford Chance, Simpson Thacher & Bartlett and Travers Smith have all scooped roles on the £1.2bn IPO of Pets at Home.
The sun was certainly shining on Clifford Chance’s corporate practice last week, as the firm retained trophy private equity client the Carlyle Group.
Whistleblowing charity Public Concern at Work has intervened in the Clyde & Co v Bates van Winkelhof appeal, which kicks off in the Supreme Court on Monday.
CMS Cameron McKenna and Dundas & Wilson have put 60 jobs at risk following their planned merger in five week’s time.
CMS is launching its second Middle Eastern office in Oman following its September 2012 launch in Dubai.
The £2m cost budgeting threshold for commercial cases in the UK courts has been raised to £10m, bringing a raft of civil cases under stricter budgeting measures.
Our enormous briefings library is the best place to go to if you want up-to-the-minute summaries of latest legal developments. Here are some of the latest, from Mills & Reeve, Shoosmiths, NCTM, DLA Piper and Nabarro
Freshfields Bruckhaus Deringer is about to kickstart the hunt for a London corporate head with former Asia managing partner Simon Marchant and deal-maker Julian Makin emerging as early frontrunners.
Criminal barristers have dropped plans for further strike action after the government today made temporary concessions in the long running battle over proposed cuts to legal aid rates.
Criminal lawyers are set to swamp Westminster today in a mass protest against government plans to slash legal aid rates, with police told to expect more than 1,000 demonstrators.
Criminal law solicitors are aiming to sack the Law Society leadership by drumming up a petition for a second special general meeting (SGM) of the professional body.
How enforceable are the EU sanctions against Russians involved in the Crimea crisis?
For the second time this year, criminal courts across England and Wales emptied today as criminal barristers stage a full-day walkout in protest against the Government’s insistence on cuts to legal aid
DAC Beachcroft (DACB) has raided Eversheds for commercial contracts partner Ruth Connorton and a team of three fee-earners in Newcastle.
With constant merger talks and two empty floors in its building, Davenport Lyons can’t shake the appearance of a firm that is desperate to be bought. Here’s why.
Davis Polk & Wardwell and Chinese firm Han Kun have advised Chinese internet giant Tencent on its strategic partnership with online retailer JD.com.
China’s e-commerce giant Alibaba Group has instructed Slaughter and May for its latest strategic investment in Chinese department store operator Intime Retail, which turned to Davis Polk & Wardwell for advice.
Remember when lawyers were debt averse? Not any more. Today’s news that Irwin Mitchell has taken out a £90m facility has the potential to reshape the market
Dentons has unveiled a mass restructure for its UKMEA LLP following its 2013 tripartite merger, bringing its list of practice and sector groups under five new divisional heads.
The opportunities in Saudi are rich and varied for Western law firms. But they have historically been dependent on a volatile local market of sponsors in order to operate there. This week’s in-depth feature examines the pitfalls of opening an office in the desert kingdom – and keeping it open
It was the biggest law firm collapse of all time but the fallout from Dewey & LeBoeuf’s insolvency is only set to intensify.
The Court of Appeal (CoA) has said a Guardian reporter should be able to see contentious secret letters written by Prince Charles to the Government, quashing an order by the Attorney General to avoid revealing them.
Isn’t it great when a plan comes together? After almost a decade of hard work, a raft of firms has finally managed to reach financial close on the Mersey Gateway Project – solidifying plans for a shiny new toll bridge linking Runcorn and Widnes
DLA Piper has raided Orrick, Herrington & Sutcliffe in London for partner duo Tony Katz and Sam Millar who are to join the City litigation group.
DLA Piper is planning to ringfence management pay among its sector and group in a bid to increase fee-earning levels amongst its senior lawyers.
DLA Piper is the world’s largest law firm, employing around three zillion lawyers on every continent. So it knows a thing or two about what needs to be done to keep such a behemoth running.
A report from the 10th IBA Employment and Discrimination Law Conference
The financial reporting season for US firms is well underway. Already there are significant variations across firms. What’s clear is that this is not going to be a vintage year. Steady as she goes…
Dundas & Wilson has promised nine partners guaranteed remuneration of £280,000 ahead of its proposed merger with CMS Cameron McKenna, the Lawyer understands.
DWF has scooped three finance partners from Lawrence Graham in a bid to boost its London office.
Wannabe lawyers work hard to secure their traineeships. What happens when the firm they’ve joined changes beyond recognition?
A seismic overhaul of employment disputes resolution should be good for clients and lawyers
Senior Master Steven Whitaker has resigned from his post after the Judicial Conduct Investigations Office (JCIO) found he had made “misleading” entries in his diary.
Russian firm Egorov Puginsky Afanasiev & Partners is boosting its capital markets practice with the hire of a team led by the managing partner of corporate and finance boutique Liniya Prava.
Back in September 2013, The Lawyer has predicted that there would be a new wave of domestic consolidation among Chinese firms resulting in the emergence of a new look ‘red circle’
What would be the impact of a merger between Clifford Chance and Linklaters? Or if Allen & Overy had successfully pursued plans to tie up with Freshfields, as it mooted back in 2006?
China’s top-tier firms Jun He and Zhong Lun are in discussions about a possible merger, in a move that would create the largest firm by revenue in China.
The Central London Employment Tribunal has upheld a former ABN Amro lawyer’s unfair dismissal claim against the bank but thrown out her 41 allegations of racial discrimination.
Our treasure trove of briefings from law firms includes a host of practical tips aimed at in-house lawyers. From employment and cyber security to cloud computing and why e-discovery matters, our in-house readers will find plenty to chew over
The European M&A market has ballooned by more than a third in the first quarter of 2014 compared to the same period last year, with US firms dominating the rankings.
All the latest partner hires and other appointments within Continental European firms and offices.
All the latest partner hires and other appointments within Continental European firms and offices.
Eversheds is formalising a three-year cooperation agreement to launch two offices in Morocco.
Eversheds has added 10 more African firms to its swiftly-growing Eversheds Africa Law Institute (EALI), just six months after launching the initiative.
Has Eversheds bitten off more than even its eager mouths can chew with the three-region extension to its fixed-fee mandate with airline trade association, International Air Transport Association (IATA)?
Ashurst’s London pensions head Steven Hull has become the latest partner departure from the firm as he joins Eversheds’ City office.
Eversheds has secured a multi-million pound contract with the International Air Transport Association (IATA), the airline trade association, rolling out its existing mandate to include Europe, North Asia and Asia Pacific.
EY has appointed Addleshaw Goddard corporate managing partner Phillip Goodstone to establish its legal capability in the UK.
The accountants are at it again. EY has become the latest to plan the launch of a legal arm in the UK. The auditor has appointed former Addleshaw Goddard corporate managing partner Phillip Goodstone to do just that.
Footballing female lawyers could soon join their male counterparts with their own legal football league.
Field Fisher Waterhouse has further bulked up its finance group with the hire of Simmons & Simmons partner Philip Abbott.
A former ABN Amro Group senior lawyer has brought a £300,000 case against the bank after claiming she was racially harassed and hounded out of her job.
Peter Rees QC, the former legal director of Royal Dutch Shell, is joining Thirty Nine Essex Street as a counsel with immediate effect.
Former Slaughter and May partner Dermot Rice has emerged at the company owned by billionaire property developers, Nick and Christian Candy, after leaving the firm in November.
Freshfields Bruckhaus Deringer has appointed founding US litigation group partner Adam Siegel as its new US managing partner.
The flood of arbitration exits from Freshfields Bruckhaus Deringer has continued with the exit of three German arbitrators to launch a boutique, with conflicts of interest cited as the driving force behind the departures.
After 30 years in the City, you might think that a corporate partner would want to put his or her feet up. This is not the case at Freshfields.
Vacation schemes are here again and now they’re more crucial than ever in the war for talent.
German firms Gleiss Lutz and Hengeler Mueller have had offices raided by state prosecutors investigating allegations of false testimony in lawsuits brought against their client Deutsche Bank.
Feel that bounce in your step, a sense that spring is in the air? It’s not just you. As the weather warms up, Thomson Reuters has arrived with some good news for corporate lawyers
The largest global business firms, such as Baker & McKenzie, Dentons, DLA Piper, Herbert Smith Freehills (HSF) and Norton Rose Fulbright, have the deepest relationships with African independents, research by The Lawyer has indicated.
Offshore firm Harneys is bolstering its Asian presence with a Singapore office, relocating two Hong Kong partners to the jurisdiction to lead the venture.
Midlands-based HCB Solicitors has pulled out of talks to rescue Linder Myers as administration still looms for the ailing Manchester-based practice.
Herbert Smith Freehills (HSF) has appointed Hong Kong based partner Justin D’Agostino as its new global dispute resolution head, succeeding Sonya Leydecker who will take up the co-CEO role from 1 May 2014.
Last week, news that Herbert Smith Freehills (HSF) abandoned its chance to renew its qualifying foreign law practice (QFLP) licence sent shock waves through the Singapore legal community. It’s the only one of six firms that will not be renewing
Private equity house HgCapital has shaken up its panel, adding White & Case to its roster for the first time.
The High Court will examine whether banking giant Barclays colluded with the now defunct Dewey & LeBoeuf to induce partners to take out individual loans to keep the firm afloat.
Withers is set to launch an appeal after being ordered to pay £1.6m in damages by the High Court.
Hill Dickinson has become the latest firm to moot plans to create a new centralised billing system in order to reduce lock-up and increase efficiency.
Hogan Lovells is to open a low-cost legal centre in Birmingham headed by its former global private equity head Alan Greenough.
Nicky Richmond is unimpressed by the latest hotel dining experience.
Household brand Hovis is to launch an in-house legal department after its owner Premier Foods sold off a 51 per cent stake in the business to Gores Group.
Herbert Smith Freehills (HSF) has added Deutsche Bank’s compliance, government & regulatory affairs chief Andrew Procter to its financial services regulatory practice.
Herbert Smith Freehills (HSF) has unveiled plans to boost gender diversity across the firm by targeting a 30 per cent female partnership, setting an interim goal of 25 per cent within the next three years.
What will 2018 look like? It’s a question The Lawyer put out last September, when we predicted that women would still represent less than 20 per cent of partners in the UK top 20.
I did a selfie with Boris. I’m not sure what made me do it
IP firm Mathys & Squire is the first legal tenant of the Shard, the tallest building in Western Europe.
Irwin Mitchell has acquired the former recoveries arm of defunct Manchester-based Halliwells, HL Interactive, in a deal that completed on Friday (28 February).
The National Grid has kicked Irwin Mitchell off its debt recovery panel and replaced it with Shakespeares ahead of a full-scale review to take place this summer.
Irwin Mitchell has secured a £60m rolling banking facility along with an additional £30m buffer in a joint deal with HSBC, Lloyds and Royal Bank of Scotland (RBS).
Last week’s union with Scottish insurance outfit HBM Sayers was Berrymans Lace Mawer’s (BLM) first merger since 1997 (17 March 2014). Is this the start of a new acquisitive era for the firm?
Last year’s Jackson reforms, which affected the recovery of legal costs among other changes, have claimed a major victim
Freshfields Bruckhaus Deringer has elected London corporate head Julian Long as its new City managing partner, succeeding Mark Rawlinson.
In China the proposed merger of Jun He and Zhong Lun is being described as a deal that “has never been done before”.
Legal market water-cooler chat about Chinese investment into Germany, one of those growth areas that everyone appears to be talking about, got a big boost after the merger between Asian powerhouse King & Wood Mallesons (KWM) and SJ Berwin
King & Wood Mallesons SJ Berwin is to shut down its Berlin operations, as two of its three partners exit to launch their own boutique.
As the year-end approaches, all financial metrics will come under the microscope, including debt. And recent events suggest that attitudes towards debt levels are changing
Law Society chief executive Des Hudson is to stand down this summer, the solicitors’ representative body announced today.
Allen & Overy partner Stephen Denyer is taking up a management role at the Law Society, but why has the solicitors’ representative body made such an appointment?
Yet that was the target set by DWF back in 2012 when it continued a merger spree through a deal with Biggart Baillie. That deal followed a tie-up with Midlands insurance firm Buller ...
Last week’s Budget introduced a major overhaul of pensions legislation. Sackers’ Zoe Lynch highlights the changes.
As ever, the flight home is very quiet. Gone, the heady excitement of the flight out and instead, hushed voices and plenty of caffeine.
The Lawyer now has thousands of legal briefings online, and they’re being added to daily. Today we’re shining a the spotlight on Wragges, Nabarro, DLA Piper, Pillsbury and Chevalier & Sciales, which have all published their latest thoughts on tax developments
Imagine you’re the general counsel of London-based private equity investor BC Partners. You’re sipping on your coffee, hashing out the details of your imminent £382m investment into UK-based business publishing company Mergermarket.
Allen & Overy, Clifford Chance, Latham & Watkins, Norton Rose Fulbright and White & Case have successfully renewed their Qualifying Foreign Law Practice (QFLP) licences in Singapore, but Herbert Smith Freehills (HSF) has decided not to re-apply. Find out more below
Manchester-based Linder Myers has avoided administration through a debt restructuring deal including investment from Assure Law director Tony Stockdale, who has become chief executive.
When Midlands-based HCB Solicitors registered the company name HCB Linder Myers the day after the ailing Manchester firm announced its intention to appoint administrators, it looked like Linder Myers had been rescued
Ailing Manchester firm Linder Myers is close to completing a deal with consultancy Assure Law to restructure its debt.
Linklaters has lost another capital markets partner with the exit of Nigel Pridmore, who quit the firm last month.
White & Case offered Linklaters private equity (PE) associates up to £40,000 in ’golden hellos’ to join star PE partners Richard Youle and Ian Bagshaw when they quit the magic circle firm.
Linklaters’ South African ally Webber Wentzel has made a raft of partner hires to strengthen its oil and gas team, picking up lawyers including Bond Dickinson partner Kenny Paton.
Over the last few months the IPO market has really started to come back, whether in the US, London or Hong Kong. Good news, then, for Freshfields, DLAPiper, Davis Polk, Ashurst and Simpson Thacher, to name just a few of the firms scooping listing work
Freshfields Bruckhaus Deringer has made up 15 new partners in its 2014 promotion round, creeping up slightly from last year’s low of 14.
The SRA has attended a meeting with local authority legal heads over the processing of their ABS applications, with public sector chiefs complaining that the process is slow and bureaucratic.
Akin Gump’s 7 per cent rise in turnover for 2013, which it has just posted, is dwarfed by its 16 per cent rise to $31.3m in London.
Businesses can’t be winners every year. Although Weil Gotshal & Manges was one of the City’s top revenue risers in 2012, posting a 21.6 per cent increase in London revenue, The Lawyer has revealed that
How do you find out what deals your competitors are advising on? By checking out our regular deals round-up, that’s how. With corporate work on the up, there’s plenty to discover
The first Lawyer Management awards and conference last year was a resounding success. It’s part of our dedicated strand on law firm operational functions – also known as the people who help lawyers do their client work. If you’re senior in HR, IT, finance, facilities or BD, then this is the place for you
Scandinavia’s biggest firm, Mannheimer Swartling, has recorded a decrease in revenue for the 2013 year following a sluggish corporate market in its home jurisdiction of Sweden.
Mayer Brown’s London office is close to implementing a blind CV policy in a bid to counter bias towards trainee applicants who received an Oxbridge degree or were educated privately.
If you were asked to sketch a picture of a lawyer, chances are you’d draw a white man in a grey suit. The stereotypical image of the profession isone that favours primarily Anglo-Saxon middle class graduates who move, like a shoal of well-heeled fish, from private school to Oxbridge to the City
Milbank Tweed Hadley & McCloy is understood to be considering winding up its Hong Kong law practice, just three years after its launch in 2011.
Australian firm Minter Ellison has appointed former PricewaterhouseCoopers (PwC) Australian senior partner and chief executive Tony Harrington to succeed outgoing chief executive John Weber.
The woman on the next table, rather the worse for wear, started up a conversation in broken English with my dinner guests.
Mishcon de Reya has been on a mission over the past few years. Its aim? To build the leading litigation practice in London
Barclays looks set to spend a healthy chunk of time at the High Court this year, no matter how hard it tries to resist
Blake Lapthorn is set to merge with Morgan Cole on 1 July 2014 to create a firm with a combined turnover of £72m.
Morgan Lewis & Bockius has replaced its executive director position with the role of chief operating officer (COO), taking on Dechert’s COO Anthony Licata.
Sunscreen, business cards and sensible shoes are all in the bag for Neil Campbell’s first trip to Mipim.
Nabarro has slashed its partner promotions, making up three this year compared to its a bumper partner round of eight last year.
Nabarro’s French best friend August & Debouzy has abandoned its European alliance, leaving the firm on the hunt for a new Paris partner.
When sports retailer Nike made clear it was after a one-stop shop for legal advice, Dutch firm Kennedy Van der Laan internalised the brand’s famous slogan and Just Did it
Same-sex couples can now marry, but there is still a huge injustice in the family law system. Richard Phillips of IBB explains.
German firm Noerr has reported market-beating turnover growth for 2013, with revenues rising from €170m in 2012 to €190.8m (£159m) last year.
Norton Rose Fulbright’s global planning head Nigel Hewitson has departed to join 20-partner Oxfordshire firm BrookStreet des Roches.
Nuix, a worldwide provider of information management technologies, is now an Industry Partner of the International Multilateral Partnership Against Cyber Threats (IMPACT), the cybersecurity executing arm of the United Nations’ specialized agency, the International Telecommunication Union (ITU). By partnering with Nuix, ITU-IMPACT is building the forensic expertise necessary for it to fulfil its global mission to improve ITU’s 193 Member States’ ability to address cyber threats.
Our annual survey of the top 30 offshore firms across the globe is required reading for anyone looking to refer work in that market. You can compare the growth of the top firms over the course of several years, and for more news and analysis go to our dedicated offshore section of the lawyer.com
Offshore firm Ogier is piloting a scheme to use paralegal roles as a potential stepping-stone to qualifying as a lawyer.
Olswang has bolstered its Brussels and Paris offices with the hire of former Linklaters TMT head Sylvie Rousseau.
One Essex Court’s Tony Grabiner QC and Mishcon de Reya have picked up a role on private equity magnate Guy Hands’ long running battle against Citigroup over his ill-fated acquisition of EMI.
Heavyweight One Essex Court silk Tony Grabiner QC has been appointed to lead the independent investigation into allegations of forex manipulation at the Bank of England (BoE).
Despite a rocky domestic market, Portuguese firms are spreading their wings internationally. Mozambique and Angola have long been areas of interest for historical reasons, but there have also been forays into Cameroon and East Timor
Osborne Clarke is to open in San Francisco, six months after the firm sent a heavyweight contingent to launch an office in Manhattan.
The Paris bar’s disciplinary body has thrown out a complaint brought by Mayer Brown against a lawyer alleging the firm had been exaggerating the number of partners it had in France.
Patton Boggs and Squire Sanders are flirting, but will it end in marriage?
Paul Weiss Rifkind Wharton & Garrison has recorded a 7 per cent rise in global revenue as the firm’s chairman Brad Karp pronounces 2013 the “busiest in history.”
The London office of Paul Weiss has hired a practice development specialist to manage its referral relationships in the UK.
Philadelphia-based insurance firm Cozen O’Connor has refocused its London strategy with partner hires from Edwards Wildman Palmer and RPC.
US firm Pillsbury Winthrop Shaw Pittman has boosted its energy and projects practice in Japan with the hire of practice leaders from Hogan Lovells and Simmons & Simmons.
US firm Pillsbury has bolstered its English law capability with the hire of a five-lawyer transportation finance team from the London office of DLA Piper including partners Graham Tyler, the former head of the asset finance practice, and Debra Erni.
Pinsent Masons partners are warming up for the firm’s first contested leadership elections since incumbent managing partner David Ryan was elected in 1999.
Pinsent Masons has unveiled plans to boost gender diversity across the firm by targeting a 30 per cent female partnership, setting an interim goal of 25 per cent within the next four years.
Pinsent Masons has made up three women in a round of 15 partnership promotions that take effect on 1 May.
Portuguese firm PLMJ has set up a Swiss desk and opened an office in Lausanne in response to increasing amounts of work involving private clients with assets in Switzerland.
Wragge & Co has been overlooked by Premier Foods in its £1.1bn capital refinancing plan, with Slaughter and May picking up the core mandate on the deal.
Sharing legal functions with a neighbouring authority – something 17 local councils have done so far - was a decent enough start. But it’s not enough. As budgets shrink further and privatisation of public sector services increase, local authority legal teams – including
PricewaterhouseCoopers (PwC) has acquired Toronto-based immigration law firm Bomza Law Group.
PricewaterhouseCooper’s legal arm, PwC Legal, has set out ambitions to become a global top-20 legal services player within the next five years, putting growth in Asia at the top of the expansion tree
The head of PricewaterhouseCooper’s legal arm (PwC Legal) has set out the firm’s ambitions to become a global top-20 legal services player within the next five years.
The London office of Quinn Emanuel Urquhart & Sullivan has posted a significant fall in revenue for the 2013 financial year, with total turnover dropping by almost a third from £27.5m to £19.8m.
The last Singapore-based partner of Australian firm Allens, Marae Ciantar, has joined local firm Rajah & Tann to head its energy and resource practice.
Singaporean firm Rajah & Tann has taken a team of 14 lawyers from US firm Hunton & Williams’ Bangkok office.
Singaporean firm Rajah & Tann’s managing partner Lee Eng Beng says staying local and being flexible is the way forward in the increasingly competitive South-East Asia region.
Alfred Hitchcock would be proud of this mystery. Two months ago Shell legal director Peter Rees QC abruptly left the oil giant , just three years after joining the company and barely weeks after outlining his extensive plans for ...
There’s a new generation at Slaughter and May, which has two new practice heads in Andy Ryde and Andrew McLean, who are replacing Frances Murphy and Paul Stacey. The elite firm is quietly reshaping itself
11KBW has picked up another role on the postponed judicial review to determine the final resting place of Richard III, with barrister Andrew Sharland instructed for Leicester City Council.
After wondering whether to be or not to be, the Royal Shakespeare Company (RSC) has decided to challenge firms to a battle of wits. With mirth and laughter old wrinkles may come, as partners wrestle for a spot on RSC’s first-ever panel
Macfarlanes has helped steer Russian metals giant Rusal to a judicial review victory in the High Court over the London Metal Exchange (LME).
Invu’s CTO discusses why electronic document management can save business critical data for those organisations where compliance is crucial
Berwin Leighton Leighton (BLP) jumped on the low-cost legal work bandwagon this week when it unveiled plans to open an office in Manchester. Managing partner Neville Eisenberg was at pains to stress that this was more than just your typical commodity offering, describing it as part of a four-pronged process mapping and outsourcing ...
Scottish & Southern Energy (SSE) has cut Herbert Smith Freehills from its defence roster in favour of Freshfields Bruckhaus Deringer as part of its first ever panel review.
Lawyers threatened the Law Society with possible legal action today in the wake of Chancery Lane’s recent guidance on drafting Sharia law-compliant wills.
You are the Serious Fraud Office (SFO), looking into allegations that a Canadian-British businessman funnelled billions of dollars in bribes to a Bahraini aluminium company to secure contracts. Who do you turn to to help with your investigation?
Shanghai’s ground-breaking Pilot Free Trade Zone could mark the beginning of the long-awaited liberalisation of China’s legal services sector.
A Shanghai Bureau of Justice official has hinted that the Shanghai Pilot Free Trade Zone’s (FTZ) experiment on allowing associations between Chinese and foreign firms will lead to further opening up of the country’s legal services sector.
Singapore is a hot destination for many international firms now, but what do the independent practices think? In an interview with The Lawyer Rajah & Tann’s managing partner Lee Eng Beng is insistent that staying local is the only way to go
Singaporean firm WongPartnership has won a legal challenge over the bills it charged to a local hotel’s former general manager.
Holman Fenwick Willan (HFW) has made up six to its partnership in a round of promotions that will be effective from 1 April.
Skadden Arps Slate Meagher & Flom and Shearman & Sterling have been drafted in as Chinese social media company Sina Weibo prepares for a $500m IPO in the US.
Skadden Arps Slate Meagher & Flom has become the latest international firm to establish a base in Seoul.
The race was tight, the categories were packed with stars but there could only be one real winner.
Slaughter and May has announced a re-jig of its practice stream heads following a partner vote.
Slaughter and May has increased its lead in the rankings of total stock market clients, after closest competitor Pinsent Masons saw its total drop from 96 to 93.
Drinks giant Diageo has named Addleshaw Goddard, Pinsent Masons and Slaughter and May its formal ‘preferred suppliers’ in the UK following a four-month review.
Leaving a major law firm to launch a boutique is becoming so commonplace now that it is an accepted career move for a partner or senior associate at a large player
Webber Wentzel implements BigHand’s digital dictation solution to enable interdepartmental work sharing and greater mobility
Squire Sanders has announced the promotion of seven lawyers to its partnership ranks, with two lawyers making the cut in the UK.
The race is on at Freshfields Bruckhaus Deringer to appoint a new London corporate head following Julian ...
Stephenson Harwood has appointed partner Andrew Edge to head up its corporate practice in London.
Stephenson Harwood has axed 15 per cent of its secretarial jobs, as a result of a redundancy consultation which kicked off last month (5 February 2014).
Stephenson Harwood has triumphed against Weightmans in batting a $152m fight between two Nigerian energy giants over an arbitration award out of the British legal system.
Stephenson Harwood has formalised its relationship with local firm Virtus Law after its application for a formal law alliance (FLA) was approved by Singapore’s Attorney General’s Chambers.
Stephenson Harwood has appointed London-based partner Richard Parsons as its global head of aviation, succeeding Singapore-based Paul Ng who is joining Milbank Tweed Hadley & McCloy.
Stephenson Harwood’s non-executive supervisory council has re-appointed Sharon White as chief executive officer (CEO) for a second three-year term.
Benelux firm Stibbe has announced a 7 per cent increase in turnover for the 2013 year, with revenue rising from €127m in 2012 to €136m (£113.8m).
New research by the LGB charity Stonewall has revealed that 90 per cent of the top 20 firms have openly gay partners or senior managers.
Fast-growing Swedish firm Magnusson is merging with Russian outfit Kachkin & Partners, gifting it an office in St Petersburg - its second in Russia.
It’s no easy task being the Serious Fraud Office (SFO). Fighting multi-million pound blockbuster litigation with an ever-decreasing budget is alarming.
Taylor Wessing has strengthened its relationship with Brentford Football Club, advising on its successful planning application for a new 20,000 seat stadium.
Berwin Leighton Paisner (BLP) will hold on to its contract to run Thames Water’s legal function until 2018, the firm announced today.
Just a few years ago, it seemed that all the internationalisation talk in the legal market was of Asia. Growth in the Far East remains a key target, but many firms are now desperately trying to ramp up their presence in another part of the world – Africa.
The Royal Shakespeare Company’s (RSC) new general counsel, Marina Zain, is to put together the theatre company’s inaugural panel of legal advisers.
Nicky Richmond manages to get a rare table at the Five Fields in Chelsea, and finds the little extras add up to something special.
Gomez-Acebo & Pombo managing partner Manuel Martín has had to lead his firm through the hardest of times, and make the toughest decisions in the process.
The LCIA is changing, but is it moving quickly enough?
Plymouth University has scrapped its LPC. The surprising thing is how many other small providers persevere with it.
Hands up all those who can remember life without a mobile ‘phone. Even if you can, you probably don’t want to admit it. Only those old enough not to care how old they are will publicly hark back to the good old days when we weren’t expected to be contactable by ‘phone every waking and indeed sleeping minute
Bellicose Putin could trigger shipping disputes as Ukraine’s waters become too dangerous; skipping to Dubai won’t get directors off hook in Companies Act claims; and stirring an alphabet soup of bankers’ pay regulation in Luxembourg
Oil shocks and shale saviours; no rest for the mother who pays a surrogate; and cracking down on Miss Marple jurors
Remember Libor? It was that name that sounded a bit like the hunchbacked assistant to Dr Frankenstein in many a Hammer Horror film, but was in fact something to do with banks that only about six people understood
DLA Piper, Addleshaw Goddard, Pannone Corporate and TLT have been appointed to the first-ever legal panel installed by online fashion retailer Boohoo.com in the wake of its £560m IPO.
One of Portugal’s biggest law firms is to launch an office in the Asia-Pacific island of East Timor at the end of this month.
Travers Smith has been appointed to lead an independent review into allegations the Bank of England allowed fixing of the multi-trillion dollar foreign exchange (forex) market.
Trowers & Hamlins has expanded its national practice groups to include a dedicated public sector division in its Birmingham base.
Trowers & Hamlins has made its smallest promotions round in four years, making up four partners, down from seven the year before.
Trowers & Hamlins is putting secretarial jobs at risk across all of its UK offices with the potential of launching a formal consultation over the next few months.
Unilever has kicked off its first formal panel review, which could formalise relationships with Slaughter and May, Mayer Brown and Baker & McKenzie among others.
Slaughter and May best friend Uría Menéndez has reported the strongest figures of all the big four Spanish firms, hitting a revenue rise of 2.9 per cent for 2013.
Atlanta and Washington DC-based US firm Sutherland Asbill & Brennan is entering the UK market through a merger with London commodities boutique Arbis.
Last year was all about energy and guess what? This year is shaping up to be more of the same.
A quick scan of The Lawyer’s finance coverage over the past year or so serves to flag up a couple of key trends when it comes to deal-making. One is the migration of some of the magic circle’s top private equity talent to US firms.
After a slump in Hong Kong IPO activity, the sector is hotting up again. There is fierce competition for adviser mandates, and it looks like US firms are winning the race against their UK counterparts
Portuguese firm Vieira de Almeida (VdA) has forged a new alliance in Mozambique, teaming up with local firm SCAN – Advogados e Consultores.
Virgin Media has appointed a new general counsel from American media company Scripps Networks Interactive.
Weightmans has appointed Alison Littley, the former chief executive of public sector procurement agency Buying Solutions, as its first non-executive director.
The “vast majority” of Weightmans’ 126 fixed-share equity partners will increase their capital share in the firm, as the firm moves to meet new tax requirements for LLPs imposed by HM Revenue & Customs (HMRC).
Weil Gotshal & Manges’ London office generated £73m last year, posting a 4.2 per cent growth for 2013.
South African firm Werksmans has recruited two finance partners from Baker & McKenzie, two years after the duo were among a team that left the firm for Dewey & LeBoeuf.
Westminster City Council is taking its fight against Soho’s sex shops to the Supreme Court, despite being refused permission at the Court of Appeal (CoA) last year.
Baker & McKenzie did it first in 1981. Since then a further 21 international firms have set up shop in Saudi Arabia, the most recent being King & Wood Mallesons SJ Berwin, which announced plans to open there in December.
Barrister Marcus Elliott makes some timely suggestions to the Ministry of Justice
Sports giant Nike sets out to be a trendsetter in the world of sport and fashion. In legal circles the global retailer, which generates global revenues of $25bn annually, is again helping to set new trends by choosing an alliance of independent firms to cover its European legal needs over a single international firm.
Did you think your new CRM system would solve all your practice problems?
Last September, China’s largest and most cosmopolitan city, Shanghai, launched an ambitious new free trade zone
Here’s news for anyone out there hunting for an intern position. The Park Lane office of Wilmer Hale is packed to the rafters with those on placement
All law firms are now taking diversity seriously, but the gender imbalance just won’t go away. Pinsent Masons and Herbert Smith Freehills are the latest firms to target greater female representation at senior levels. But are women simply voting with their feet?
Betfair’s former legal director Justin Hubble has resurfaced at online loans company Wonga.com in the role of legal vice president.
Chinese firm Zhong Lun has bolstered its domestic practice through the acquisition of legacy Beijing firm Kaiwen, two years after the firm agreed a merger with Beijing-based capital markets boutique Grandway.