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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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Doctor of war

Tulkinghorn was astonished to learn from Donoghue Snail, his opposite number on Lawyer 2B – The Lawyer’s student offering – that disgraced Ireland football captain Roy Keane has just been awarded an honorary doctorate in law. With absolutely impeccable timing, University College Cork has conferred the degree in recognition of Keane’s services to football over […]

Bingham and McCutchen Doyle merge to create Boston’s biggest

After eight months of talks Bingham Dana partners vote for merger; link-up creates 820-lawyer firm Bingham Dana is set to merge with San Francisco-based McCutchen Doyle Brown & Emerson, creating a national firm with 820 lawyers and revenues in excess of $400m (£273.9m). The two firms will formally merge in July, becoming Bingham McCutchen.Talks between […]

One rule fits all?

The Government’s efforts at standardising PFI procurement have been met by fierce opposition. But is the time for compromise is here When the Government unveiled its proposals to standardise and improve the PFI procurement process in December last year, it knew there would be a fiery reaction from the private sector. And so it was […]

Milbank retains Enron role

Milbank Tweed Hadley & McCloy has seen off a challenge to its role as legal adviser to the creditors’ committee in the Enron Corporation bankruptcy The judge presiding over Enron’s bankruptcy, Judge Arthur Gonzalez, dismissed a request by Enron creditor Exco Resources to prevent Milbank from handling the committee’s case. Exco’s lawyer John Nabors, a […]

Leader

A rundown of commercial property’s big guns used to go something like this: in at number three was Freshfields, at number two came Lovells and sharing the top spot were Linklaters and Clifford Chance, for obvious reasons. No one else came near this international superleague in terms of sheer commitment to real estate and the […]

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