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IPO waves through “should’ve” trade mark application
17 August 2016In a trade mark application that will raise a few bespectacled eyebrows, Specsavers has successfully managed get its application to register “should’ve” (as in, “should’ve gone to Specsavers”) past the examination stage at the UK’s Intellectual Property Office.
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Choppy waters ahead – long-term employee incentive plans in a recession
28 July 2020One of the many issues arising from the Covid-19 pandemic is its effect on existing long-term cash and equity incentive plans. We answer some of the key questions that businesses are asking.
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How to read an investment termsheet: Part 2 – The liquidation preference and waterfall
02 February 2017David Willbe has written a piece for Startup Grind.
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Newsflash: Water tank manufacturers fined for breaching competition law
19 December 2016The UK Competition & Markets Authority (CMA) has today issued a decision against a number of suppliers of water tanks used in sprinkler systems, finding that the suppliers had infringed competition law by (among other things) agreeing to fix prices, rigging tender bids as well as sharing commercially sensitive information.
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Watching out for individual character (Brands & IP Newsnotes - issue 6)
12 October 2017The EU General Court has dismissed an action to invalidate a Registered Community Design held by Nike for electronic wristbands. The case serves as a useful reminder of the principles to be applied in assessing whether a design has sufficient individual character to be registered.
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Competition watchdog’s open letter to the creative industries
12 September 2017The UK’s Competition & Markets Authority (CMA) has published an open letter to the creative industries on competition law. The letter reminds businesses that certain conduct that undermines competition in those industries is illegal.
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Sellers watch out – EU approves new rules for consumer class actions
03 July 2020Consumers will have enhanced rights to take collective actions against traders for breaches of consumer law in future.
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Watch out retailers - storing payment card details for future purchases just got a lot harder!
17 June 2021We have all seen the switch to online shopping during the pandemic, when shops were closed for months on end. Irish retailers embraced this new opportunity and turned to the internet to get consumers back in their (virtual) shops. Some customers may never go back to “normal” shopping.
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Watch out retailers - storing payment card details for future purchases just got a lot harder!
17 June 2021We have all seen the switch to online shopping during the pandemic, when shops were closed for months on end. Irish retailers embraced this new opportunity and turned to the internet to get consumers back in their (virtual) shops. Some customers may never go back to “normal” shopping.
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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.