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Consumer Law Update: Who’s on the regulatory radar for 2019/20?
24 September 2019The Government and the CMA are intensifying efforts to strengthen consumer protection in the UK with a strategic focus on ambitious enforcement of existing laws and empowering consumers through accessibility to their data.
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Protecting confidential information and IP with search and seizure orders – who inspects seized documents first?
26 September 2019One tool in the armoury of any business that suspects its confidential information has been stolen and/or its intellectual property infringed is the “search and seizure order” (“SSO”) – a court order authorising a claimant’s lawyers to enter an opponent’s premises to search for, copy, remove and detain documents relevant to the alleged wrongdoing. In a joint judgment handed down just before the summer recess, the High Court has clarified the circumstances in which a claimant who is granted an SSO will be allowed to inspect seized material before the defendant does.
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On-demand programme services – who is now subject to Ofcom’s ODPS Rules?
15 September 2021On-demand programme services (ODPS) have been regulated for many years now, but since November 2020 the definition of an ODPS has been significantly extended. Guidance issued by Ofcom in September 2021 clarifies who has to notify, and who, therefore, will be regulated as an ODPS. No longer is it just “TV-like” services that are regulated.
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AI 101: Who owns the output of generative AI?
02 February 2023This is the second article in our “AI 101” series, where the team at Lewis Silkin will unravel the legal issues involved in the development and use of AI text and image generation tools. In the first article of the series, we looked at how generative AI tools are trained and why lawsuits have been raised against some of the major AI companies in both the UK and US.
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Who’s Who? - ‘Principal Accountable Person’ under Section 73 of the Building Safety Act 2022
24 November 2023Lewis Silkin recently advised on a dispute between an intermediate landlord (IL) and their management company (MC) over who the Principal Accountable Person (PAP) was under Section 73 of the Building Safety Act 2022 (BSA). By no means an easy task…
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Where might the Government’s Brexit White Paper lead us?
17 July 2018Although massively contentious, the Government’s White Paper proposals on the relationship between the UK and the EU post-Brexit add some flesh to the bones of what future interrelation between the two entities might look like. What are the key points for employment lawyers?
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"Play the whistle!" - Whistleblowing in Ireland
26 March 2019It seems that the FAI does not just have to worry about the results on the pitch as the qualification campaign for Euro 2020 kicks off, or the fact that they owed their CEO a significant sum of money (while also paying his rent) some time ago.
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New report proposes radical whistleblowing reforms
19 July 2019The All Party Parliamentary Group for Whistleblowing (“APPG”) has published its report on the causes and impact of whistleblowing and their recommendations for an overhaul of the current laws for greater protection of whistleblowers.
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Climate-related whistleblowing
04 May 2022The climate emergency will be a major concern to employees in the years ahead. This may lead to a rise in climate-related whistleblowing and future litigation.
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UPC – UK moves forward whilst Germany stalls
13 July 2017The Unified Patent Court (UPC) is intended to provide a regional forum resolve patent disputes. UPC decisions will have effect in all 25 states participating in the UPC, providing a single forum to resolve disputes.
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“A net from which there is no escape”: takeaways from recent cases on dishonesty and conspiracy
11 October 2021The case of Lakatamia Shipping Co Limited v Nobu Su is one of a number of recent judgments to grapple with questions of honesty and credibility.
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Hong Kong court confirms that a party cannot enforce a contract with a unilateral mistake which he/she knew or should have known did not reflect the other party’s intentions
17 December 2021Zhang Qiang v Cisco Systems (HK) Ltd [2021] HKCFI 694 is a case that reminds employers of the importance of putting the right figure in a settlement agreement – especially when dealing with an uncooperative employee. In this case, although ending in the employer’s victory, a typo in the settlement agreement had led to a decade-long lawsuit.
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Employment Lawyers Advising on Investigation Reports: Where Are the Boundaries?
07 October 2019It’s an everyday scenario for employment lawyers and HR professionals. A disciplinary investigation is carried out. A draft report is produced, and the (internal or external) employment lawyer is asked to review and advise on any amendments that might be made to the contents.
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Brexit: where are we now on immigration?
21 October 2019With uncertainty continuing over the Brexit process and how events in Parliament and the Courts may unfold over the coming days, we have taken the opportunity to provide a summary of the immigration implications of a deal and no-deal Brexit, as well as some action points for employers and individuals.
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Dismissal unfair where investigating manager was motivated by dislike of employee's union activities
03 December 2019An employee was unfairly dismissed because the disciplinary process was manipulated by a manager who was motivated by dislike of the employee’s trade union activities, the Employment Appeal Tribunal (“EAT”) has confirmed. This was despite the fact that neither the disciplinary nor appeal manager was influenced by prejudice against union activities.
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Dismissal unfair where decision-maker not given accurate information
27 February 2020The dismissal of an employee for gross misconduct was unfair because the investigating officer failed to share significant new information with the manager conducting the disciplinary hearing who decided to dismiss, the Employment Appeal Tribunal has ruled.
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Covid: Where are we now?
14 September 2023With two new variants, the number of cases rising globally and experts claiming the UK is in the middle of another covid wave, covid is back in the headlines. We look at the current government guidance, common workplace issues and what it all means for employers.
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The employee voice, social media and the culture wars - where to draw the line?
30 November 2023Employers are walking the tightrope between ensuring an open and inclusive workplace, inviting employees to bring their “whole selves” to work, yet protecting against discrimination, harassment and an outbreak of culture wars. Knowing whether and when to step in can be a challenge, particularly in the age of social media and instant communications.
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The new football agent regulations – where are we now?
03 January 2024Those working in the football industry were given a Christmas treat over the festive period. Firstly, after many months of uncertainty and waiting, the FA finally confirmed on 21 December 2023 that the FA’s new Football Agent Regulations will enter into force on 1 January 2024 and will supersede The FA’s Working with Intermediaries Regulations.