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Latest Briefings

The Commercial Agents Regulations: a step behind the times?

By Alex Williamson The Commercial Agents (Council Directive) Regulations 1993 (the Regulations) are 25 years old this year. An evaluation by the European Commission concluded in 2015 that the underlying Commercial Agents Directive (the Directive) still met its objectives and functioned well. However, a recent Court of Appeal decision has shown that the legislation is struggling to […]

Exclusion clauses under the spotlight: UCTA reasonableness

By Perran Jervis In decisions handed down one day apart, the Court of Appeal concluded that a far-reaching exclusion clause which limited liability for negligence was reasonable under the Unfair Contract Terms Act 1977 (UCTA), whereas an exclusion clause in a lease (in the form of a non-reliance clause) was not. The decisions emphasise that […]

Currency, cost calculations and contractual clarity

Walker Morris’ Head of Commercial Dispute Resolution, Gwendoline Davies, highlights the importance of dealing comprehensively and clearly with matters of currency and calculation in cross-border contracts…

Belgian draft Trade Secrets Act: opportunities for the life sciences sector

On 8 June 2016, the EU Trade Secrets Directive was adopted. The main purpose of the Directive was to harmonise and enhance the protection of trade secrets EU-wide and to thus create an innovation-friendly environment for businesses. The EU Member States had to implement this Directive by 9 June 2018. Belgium missed the deadline, but […]

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Washington DC

Washington becomes firms’ destination of choice

Elite UK firms receive cold shoulder in New York, but Washington DC is on the rise New York is a difficult beast to break. While US firms can often cherry-pick from the magic circle over in London. Partner moves over the past 12 months have included Clifford Chance structured finance partners Neil Hamilton and Matthew […]

roundtable

The moral maze

Leading lawyers outline the challenges faced in managing and controlling risk in the wake of globalisation and ever more intrusive regulation There are two types of approach to risk management. The first involves a complete lockdown, with lawyers and compliance staff barking at business executives: “The answer’s no. Now, what’s the question?” Not surprisingly, a […]

Amended Red Flags Rule now in effect — are you still a creditor?

The FTC’s amended definition of ‘creditor’ within the Red Flags Rule is now in effect. The definition is narrower in scope, but under it a franchisor may still qualify as a ‘creditor’. For instance, if you use a third-party servicer to obtain credit information on your behalf, or if you finance franchisee purchases of required […]

Designers: is your name your own in China?

It was interesting to read in the Financial Times Material World blog about fashion designer Phillip Lim dealing with the problem of someone in China having already registered his name as a trade mark. His solution was to invent a new brand, thus side-stepping the issue. Shoosmiths’ intellectual property specialists have been involved in this […]

Managing your social media accounts

Imagine a situation where you have a small business that is planning a major event at a sports venue and needs to utilise a variety of social media channels to publicise the event and garner support for it. Such a business may engage a third party to assist it in managing its social media presence […]

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