Search Results

International data transfers - temporary sigh of relief over model clauses?

17 January 2020

The ECJ Advocate General has given his opinion in the ongoing Schrems II case about the validity of model clauses – or Standard Contractual Clauses – as a basis for transferring data out of the EU. The opinion is that model clauses are valid, with an important note of caution.

Migration Advisory Committee commissioned to report on Intra-Company Transfers

19 October 2020

On 1 October 2020 the Migration Advisory Committee (MAC) accepted a commission from the Home Secretary to review Intra-Company Transfer (ICT) visa arrangements. It has also been asked to consider what provision could be made to allow overseas businesses to send a team rather than one individual to establish a UK branch or subsidiary, or to carry out a secondment to work on a high-value goods or services contract. The report is due by the end of October 2021, with a revised route likely becoming available in 2022.

In House Data Club – international data transfers, new ICO guidance on ransomware, and more

19 May 2022

After what has been has been a busy few months in the data and privacy world, join us for our next In-House Data Club on 19 May at 9.30 am.

Data reforms, data transfers and data enforcement - latest developments

26 April 2023

As ever legislative and regulatory developments around the world continue at pace.

In House Data Club: International Transfers and Online Advertising

14 September 2023

In this session we’ll cover the latest developments in relation to the Trans-Atlantic Data Privacy Framework (it’s finally here!) and touch on some developments at a pan-European level affecting online advertising and the ad-tech industry.

Confirmation that collectively agreed terms are ‘static’ for transferring employees

08 March 2017

In two joined cases referred to the European Court of Justice (“ECJ”) by the German Federal Labour Court, an Advocate General (“AG”) has handed down an advisory opinion on the effect of a TUPE transfer on employment terms governed by a collective agreement.

Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle

21 May 2019

The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.

Big spending China a major shift in transfer market

26 February 2016

Karish Andrews has been quoted in an article by Associated Press which discusses the money spent by Chinese Super League Clubs in the recent winter transfer window.

Test for ‘old-style’ transfer of economic entity requires multifactorial approach

08 March 2017

The Employment Appeal Tribunal (“EAT”) has ruled that an employment tribunal, in finding that the termination of a franchise agreement gave rise to a relevant transfer under TUPE, made the mistake of focusing on one particular factor and failing to adopt a multifactorial approach assessing all the relevant circumstances.

Continuous service for notice pay preserved on transfer

22 September 2017

The European Court of Justice (“ECJ”) has considered an interesting TUPE issue concerning continuous service, arising in a case referred by the Swedish Labour Court.

Automatic transfer of employees applies on ‘pre-pack’ sale

25 September 2017

The European Court of Justice (“ECJ”) has confirmed that, in the event of a “pre-pack” sale aimed at rescuing all or part of an insolvent undertaking as a going concern, EU transfer of undertakings law requires that the employees automatically transfer. This is consistent with the position in the UK under TUPE.

Acquired Rights Directive may apply even if significant tangible assets do not transfer in asset-focused business

09 September 2020

In a German case, the European Court of Justice (ECJ) has considered whether the EU Acquired Rights Directive could apply to the transfer of an asset-focused business where significant tangible assets did not transfer due to legal, technical or environmental constraints.

Comment: Amazon cases reveal transatlantic trade mark contrasts

10 December 2015

Simon Chapman writes an article for Essential Retail on the legal implications of online marketplaces offering competitor's products when searched items are not in stock.

Lewis Silkin advises Gerald Eve on the acquisition of five key transactional teams from Deloitte

04 May 2016

Lewis Silkin LLP has advised Gerald Eve LLP, chartered surveyors and property consultants, on its acquisition of five key teams from Deloitte Real Estate. These deals will see Deloitte’s 38 - strong West End leasing, City leasing, lease advisory, lease exit teams and national investment team transfer across to Gerald Eve with effect from 1st June 2016.

Data & Privacy Training

Data protection laws move at speed, and keeping up with the changes can be a real challenge. All of our training is practical, engaging and interactive, and can be tailored to your interests and the requirements of your business.

HR & Legal Training

We all know how hard it can be to stay on top of the changing world of employment law

Training Contracts

Why choose Lewis Silkin?

International outlook of trainees threatened

01 May 2013

In an article for Lawyer2B, Raj Shah discusses how changes in immigration policy are making it increasingly difficult for firms to recruit immigrants as trainee solicitors. Until recently, international students could switch from the Tier 4 student migrant category to the Tier 2 category. However, changes to the Immigration Rules mean that students cannot switch from Tier 4 to Tier 2 unless they have passed a UK-recognised bachelor or master’s degree or attained certain awards in education.

Lewis Silkin—Trainee Retention: Giles Crown and Richard Miskella comment for New Law Journal

14 August 2020

Lewis Silkin LLP has announced 100% trainee retention for the third year running, with four trainee lawyers due to qualify and remain at the firm this year.

Train strikes: David Hopper interviewed on BBC’s Newsnight

19 August 2022

Lewis Silkin’s Industrial Relations specialist David Hopper was interviewed by Newsnight in relation to the current train strikes.