Kirkland & Ellis launches in Shanghai

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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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Macfarlanes makes surprise laterals to grow restructuring, litigation nous

Macfarlanes has made the first double partner hire in its history, taking on restructuring specialist Francis Bridgeman from Allen & Overy (A&O) and litigator Barry Donnelly from Jones Day. The move comes hot on the heels of the firm’s first lateral hire in more than two years, with regulatory ­partner David Berman ­joining from bank […]

Whistle blown on new Pompey owner

It was a takeover saga with more twists and turns than a Ronaldo stepover, and more drama than a Millwall away day at West Ham. Middle Eastern investor Sulaiman al-Fahim was finally announced as the proud new owner of Portsmouth Football Club last week (see story). It’s been a tortured process since the bid was first […]

SRA board responds to City ire with big firm appointments

The newly appointed board of the Solicitors Regulation Authority (SRA) is littered with City stars, highlighting a change in direction for the SRA, which has come under fire for failing to address the concerns of major commercial firms. The board, chaired by lawyer Peter Williamson, is dominated by people with public sector backgrounds, with just […]

Opinion: The true cost of legal regulation

Can I set out some facts about the recently reported comments on the financial impact of the new regulatory regime? David Edmonds First, Parliament, in establishing the Legal Services Board (LSB) and the Office for Legal Complaints (OLC), decided that approved regulators (ARs) would meet both the set-up and ongoing running costs. Given the significant […]

CC holds fire on litigation successor

Clifford Chance has delayed the appointment of a global litigation head to replace Mark Kirsch as it seeks to redefine the role. New York-based Kirsch left the firm for Gibson Dunn & Crutcher in May this year. The magic circle firm has not yet replaced him as it debates what responsibilities the role should entail. […]

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