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Ireland: The use of non-disclosure agreements in discrimination and sexual harassment disputes under scrutiny
09 March 2022Non-Disclosure Agreements (“NDAs”) have received a lot of media attention in recent times, in particular in the context of sexual harassment disputes and the #MeToo movement. In response to the growing public awareness of the potentially unethical use of NDAs, the Government has published a report on the prevalence and use of NDAs in discrimination and sexual harassment disputes (the “Report”).
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Should large businesses use CEST to determine IR35 status?
10 August 2022New tax guidance encourages large businesses to comply with the CEST determination – HMRC’s tool for checking employment status. This article looks at HMRC’s approach.
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Consultation season is upon us!
24 July 2019Theresa May’s final days as prime minister have seen the launch of no fewer than seven consultation exercises on employment matters. While these will provide much food for thought over the summer holidays, it remains to be seen what approach the incoming administration led by Boris Johnson might take to the various issues under consideration.
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Model clauses for EU-US data transfers under threat in latest Schrems challenge
24 July 2019The privacy activist and student, Max Schrems, who started the litigation which ultimately led to the collapse of Safe Harbor, is pursuing a new challenge to the validity of model clauses. The case could have significant ramifications for EU-US data transfers, and also for UK-EU data transfers after Brexit.
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US/UK M&A: Introduction
21 September 2021One of the constant themes of mid-market M&A in the UK is the significant activity generated by US-based buyers acquiring British targets. The US is, by some distance, the single largest holder of foreign direct investments (FDI) in the UK (holding over US$800bn), and those investments represent around 12% of total global US FDI holdings and around 25% of total US FDI in Europe. That translates into a constant stream of acquisition activity here in the UK by both corporate and financial buyers from the US seeking either to expand their access to transatlantic markets or to access British technology and products.
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Is it light at the end of the (transfer) tunnel? US “Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities” (and other matters)
26 October 2022On 7 October 2022 there were two significant announcements in the world of international data transfers.
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US/UK M&A: Risk Allocation
18 March 2024In our second article in the US/UK M&A series, we explore deal certainty, the different appetite for risk and measures that are used to apportion risk between the parties.
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UK M&A deal practice – an introduction for US-based buyers
18 March 2024We continue to see a lot of mid-market M&A activity in the UK driven by US-based buyers, including both corporate buyers and financial investors. Unsurprisingly, a lot of that activity is focused on sectors such as technology, creative and high-value manufacturing businesses.
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US/UK M&A: Miscellaneous/common issues
04 April 2024In our final instalment of our US/UK M&A series we will explore some of the common issues in the M&A process and deal practice in the US and UK.
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US/UK M&A: Disclosure
04 April 2024The disclosure exercise against the warranties contained in the share purchase agreement (SPA) is a common element of an M&A transaction on both sides of the Atlantic Ocean. In this article we will identify some of the different approaches taken in relation to disclosure in the UK and the US.
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US/UK M&A: Price Adjustment Mechanisms - The Locked Box
04 April 2024Price adjustment mechanisms are common in both UK and US style M&A transaction documents to determine the final price that the buyer pays. However, the manner in which the price adjustment is achieved varies; in the US, a closing accounts mechanism is generally used, and although these have remained common in the UK, in recent years we have seen increasing use of “locked box” mechanisms in UK style share purchase agreements governed by English law.
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US/UK M&A: restrictive covenants
09 July 2024In this article we will look at what restrictive covenants are, how they are used in M&A transactions in the US and UK and whether there are any changes on the horizon that may alter this approach in the future.
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Investigative powers of the U.S. Grand Jury in prosecuting intellectual property crimes
05 August 2024Earlier this year, a federal grand jury indicted a former Google engineer, Linwei Ding, a Chinese national, for allegedly stealing AI trade secrets to benefit two China-based companies he was secretly working for. According to the indictment, Ding allegedly stole over 500 files containing confidential information about Google’s AI hardware infrastructure and software. He has been charged with four counts of theft of trade secrets, and faces up to ten years in prison and a US$250,000 fine on each count if convicted.
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Government urged to relax planning regulations
23 March 2020The RTPI, RICS and RIBA have written to the Prime Minister offering to assist “in this time of national emergency" and "seek Government support for the UK’s construction and infrastructure sectors which are worth over £100 billion to the UK economy".
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Government announces new £250m ‘Future Fund’ to support start-ups and growth companies
20 April 2020Details were published today, 20 April 2020, of the Government’s plan to make investments in growth companies hit by the coronavirus and the drastic reduction in venture capital investment.
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Hong Kong court confirms that the implied duty of mutual trust and confidence cannot be relied upon to recover damages for loss arising from the manner of dismissal
16 December 2021In the case of Lam Siu Wai v Equal Opportunities Commission [2021] HKCFI 3092, the Court of First Instance held that the employer’s right to terminate in accordance with the terms of employment was not subject to the implied duty of mutual trust and confidence and so an employee could not rely on it to recover damages for loss arising from the manner of his or her dismissal.
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Hong Kong court upholds summary dismissal in light of employee’s secret business
17 December 2021In the case of Cosme De Net Co Ltd v Lam Kin Ming [2021] HKDC 445, the Court of First Instance upheld an employer’s decision to summarily dismiss an employee who ran a competing business in secret.
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The Court of Appeal has upheld an EAT decision that Asda’s lower-paid, predominantly female retail staff can compare themselves to higher-paid, mainly male, distribution depot staff.
07 February 2019The Court of Appeal (“CA”) decision is the latest stage in this long-running legal dispute over equal pay. Back in 2014, over 7,000 female Asda retail store workers brought claims in the Employment Tribunal (“ET”) arguing that they were entitled to equal pay with male distribution depot staff, on the basis that their work was of “equal value” to male workers.
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Financial promotions: draft legislation updating the perimeter for qualifying cryptoassets now published
30 March 2023So, we finally have the long-awaited next step in the ever-evolving regulatory framework that applies to crypto. By way of recap, cryptoasset exchange providers and custodian wallet providers need to be registered with the FCA under money laundering legislation.
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Hong Kong’s Employment Support Scheme: further updates and expansions
13 May 2020On 12 May 2020, the Chief Executive announced further details on the newly implemented Employment Support Scheme as well as further expansions.