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Lewis Silkin's Data, Privacy & Cyber Team Watch Outs for 2024!
26 January 2024We all know that things move quickly in the world of data and so to celebrate Data Protection Day 2024, or Data Privacy Day 2024 for those across the pond, we’ve selected ten key themes we think will have the most impact for our clients in the year ahead.
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“It wasn’t our fault! …” 10 lines unlikely to get much regulatory sympathy following a data breach
02 February 20212020 saw four major data breach-related fines issued by regulators in the UK and Ireland in the aviation, hospitality and media & entertainment sectors, with GDPR security and breach notification obligations as their focus. This piece paraphrases the 10 excuses commonly raised by data controllers when challenging the initial amounts of those fines, as well as the regulatory response rejecting them. That's because advance knowledge of lines of argument which aren’t likely to get much sympathy from regulators will help organisations better understand regulators’ expectations when it comes to cybersecurity – especially as these early fines are likely to shape future enforcement activity.
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Harry Potter, Fracking, eco-warriors and ‘mob rule’ or freedom of expression – the Court of Appeal decides in the Ineos injunction case
04 April 2019Where is the dividing line between mob rule and lawful freedom of expression? This is one of the leading questions of the day. Should students be permitted to invite politicians with extreme views onto campus? Should a celebrated Oxford law professor be sacked for alleged homophobia? What about Brexit? Should protestors be arrested for confronting our MPs and expressing their views? And companies carrying out their lawful business – should they be allowed to do so without interference from protestors?
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How damages are measured can make a stark difference in claims for breach of a tripartite collateral warranty
06 December 2019The High Court has given one defendant a stark lesson in how the measure of damages can make a significant – and costly – difference to the value of a successful claimant’s remedy.
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Notification Issues for Warranty Claims - A flowchart
17 June 2021We have produced a flowchart to identify some of the common steps (and pitfalls) to be considered by those seeking to notify a warranty claim under typical SPA provisions.
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SPA warranty claims - getting the notice right
17 June 2021Today’s challenging economic climate has reduced the value of many businesses.
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SPA warranty claims – case update
01 September 2021In our article “SPA warranty claims - getting the notice right” we set out the common notice requirements that need to be complied with when making a warranty claim under an SPA, and the importance of complying with those requirements.
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Post transaction disputes: bringing warranty claims – key considerations
03 February 2023The current economic climate may mean that recent purchasers of companies are looking to achieve an after-the-event price reduction, especially where the value of the company they have purchased may have fallen. One way of doing this may be to make a claim under the warranties in the share sale and purchase agreement (“SPA”).
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US/UK M&A: Warranties
04 April 2024In this article we examine the different approaches to giving warranties in US and UK share purchase agreements (SPA) including the terms and scope of the warranties, who gives them, the basis of recovery under the warranties, the basis of the sellers’ liability and other protections available to buyers.
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New Court form for Warrant Requests following suspended possession orders
21 December 2016The Court Service has released a new Request to Issue a Warrant for Possession form which is to be used where a possession order has been suspended on terms requiring the payment of rent and arrears.
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Permission to issue a warrant for possession is no longer required in rent arrears cases
27 September 2018The Civil Procedure (Amendment No. 3) Rules 2018 (SI 2018/975) come into force from 1 October 2018 so that a writ or warrant for possession may be issued without the court’s permission where there has been non-compliance with an order suspending possession on payment of money.
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Warning to all Principals - Software may be good...
26 July 2016In recent years there has been much discussion on whether software is considered a "good" for the purpose of Commercial Agents (Council Directive) Regulations 1993 ("Regulations"). Broadly speaking, the Regulations apply to agents who sell or purchase goods (and not services) on behalf of their principal in the UK and provide such agents with extra contractual protections particularly on termination.
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FCA issues warning to CEOs of almost 28,000 credit consumer firms in light of the cost of living crisis
24 May 2022On 6 May 2022 the Financial Conduct Authority (FCA) issued a letter to almost 28,000 firms providing credit broking services or high cost lending products. Noting the fact millions are facing the biggest cost of living crisis in more than a decade, the FCA unambiguously reminded consumer credit firms they have a responsibility to not exploit these circumstances.
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Brand owners gain another tool in the war against counterfeits (Brands & IP Newsnotes - issue 3)
23 October 2016Brand owners will welcome a ruling from the CJEU over the summer that an operator of a physical marketplace can be an ‘intermediary’ for the purposes of Article 11 of the IP Enforcement Directive.
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The war in Ukraine – employment issues
03 March 2022The shocking situation in Ukraine raises some potentially tricky issues about employees who are called up to active duty or wish to join the armed forces voluntarily, and about managing relationships within the workplace.
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Sports Q&A - I want to make alterations to my sports venue due to Covid-19 – do I need any third-party consent(s) for this?
15 June 2021The answer is, maybe! This depends on a few factors, which are set out below.
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Schrems II – The Wall Street Journal reports that the Irish DPC will order Facebook to stop transfers of personal data to the United States
10 September 2020In the first major supervisory authority action The Wall Street Journal reports that “Ireland to Order Facebook to Stop Sending User Data to U.S.”. We have previously written that the key to dealing with the fallout from Schrems II is to have a calm head, and not to panic; does this decision change things?
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Court of Appeal upholds enforcement of Chinese arbitration award in England & Wales despite allegation of attempted fraud
05 July 2018One of the attractive features of arbitration is the ease of enforcement of arbitral awards in other jurisdictions. The New York Convention (the “Convention”) provides a regime by which an award made in one Convention state should be enforceable against any assets in any of the other Convention states around the world. A recent Court of Appeal decision shows that the English court will only exercise its power to refuse to recognise or enforce an arbitral award on public policy grounds in limited circumstances.
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Hague Convention - Obtaining Evidence In England And Wales For Use In Another Jurisdiction
21 July 2021Parties to proceedings in other jurisdictions often need access to evidence located in England and Wales. This guide explains how to obtain evidence in England and Wales for use in another jurisdiction.
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Enforcing arbitral awards in England & Wales
28 October 2021Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.