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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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The Financial Report — Volume 2, No. 21

DLA Piper has released the latest version (Volume 2, No. 21) of The Financial Report. Contents Discussion and analysis News from the Americas News from Asia and the Pacific News from Europe Global regulators US Securities and Exchange Commission developments US Commodity Futures Trading Commission developments US banking agency developments US exchanges and self-regulatory organisations If […]

When to stay and when to go? Court of Appeal recasts Glaxo guidelines in HTC appeal

The Court of Appeal has given judgment in the ‘stay’ application in the long-running patent dispute between IPCom and HTC. HTC had appealed the High Court’s refusal to stay the proceedings, and the appeal concerned the circumstances in which it is appropriate for an English court considering combined patent infringement and revocation proceedings to grant […]

Professional director’s duties in BVI companies

Professional directorship services are par for the course in the administration of companies incorporated in the British Virgin Islands (BVI). As an adjunct to registered office and agent services, fiduciary services providers frequently offer directorship services. These ‘directors’ are invariably corporate directors permissible under the BVI Business Companies Act… If you are registered and logged […]

Dominant purpose test proves difficult to pass

By Sarah Andrews Here we consider litigation privilege and the dominant purpose test. Litigation privilege stems from a principle that those engaged in or contemplating litigation should be free to gather evidence without a requirement to disclose that evidence to opponents. For litigation privilege to apply, material must satisfy the four following criteria: it must […]

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