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How to read an investment termsheet: Part 3 - the Pro Rata and the Ratchet
Press
17 July 2017David Willbe has written a piece for Startup Grind.
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Whistleblowing public interest test considered by Court of Appeal
13 July 2017The Court of Appeal (“CA”) has considered the meaning of the “public interest” in whistleblowing cases. Disclosures which only affect a group of individuals within one employer can be in the public interest, but in most cases additional factors will also be needed.
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Squeezed out of validity and into the jurisdiction
13 July 2017UCB licensed Chugai rights to its tocilizumab patents. The licence contained an exclusive jurisdiction clause in favour of the English courts. Only one US patent remained in force. Chugai wanted a declaration that its tocilizumab products (sold only in the US) fell outside of the scope of the last patent and accordingly no royalty payments were due under the licence.
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Supreme Court upholds right to equal pension for same-sex partner
13 July 2017The Supreme Court (“SC”) has made an important ruling in a case brought by a gay man seeking to establish that, if he died, his husband should be entitled to the same survivor’s pension as a wife in a heterosexual marriage would receive. The Court ruled that an exemption in the Equality Act 2010 (“EqA”), allowing employers to exclude civil partners from pension benefits accruing before December 2005, was incompatible with EU law and should be disapplied.
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Sandoz & Hexal v Searle & Janssen Sciences Ireland: What is the formula for patent extensions?
13 July 2017The UK High Court has held that a pharmaceutical product claimed only within a Markush formula and not expressly referred to in the patent was protected by the patent for the purposes of obtaining a Supplementary Protection Certificate (SPC).
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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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Company’s register of people with significant control (PSCs)
PDF
12 July 2017Most UK companies and LLPs are required to find out and record details of the individuals or legal entities that have significant beneficial ownership or control over them. The information must be recorded in the company’s register of people with significant control (PSC register) as part of its statutory books.
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People with Significant Control - AIM Companies brought within the PSC regime
12 July 2017UK companies listed on AIM were previously exempt from the obligation to keep a register of people with significant control (PSCs), but recent changes mean they will have to have a register from 24 July 2017 onwards.
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It’s not just about Getting(G) Data(D) Protection(P) Ready(R): some digital businesses and infrastructure providers shouldn’t forget to be ‘NIS’
11 July 2017May 2018 is a month which will already be highlighted in the calendars of those responsible for their organisations’ compliance with the General Data Protection Regulation (GDPR). It’s now under a year away. But for some digital businesses and infrastructure providers, when it comes to security risk management and reporting obligations, the GDPR isn’t the whole story.
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The future of employment law – Taylor-ed to fit?
11 July 2017The Review of Employment Practices in the Modern Economy, commissioned by the prime minister last October and chaired by Matthew Taylor, has produced its long awaited report.
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Agile working – the legal alarm bells that should be ringing
11 July 2017The days of a stuffy office environment are gradually becoming a thing of the past. Over the years a move has been made away from cellular offices to the more popular open plan set up – however for many companies, especially those in creative industries, open plan offices are no longer enough. This is a key issue for tenants in office premises as they consider what to do with the space they are in.
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The Gambling Commission serve some stark warnings to operators
10 July 2017The Gambling Commission has slapped its first advertising-related fine against an online gambling operator for advertising that was deemed to fall foul of social responsibility rules and come to a settlement with another operator.
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The ICO cracking down on the use of personal data to promote online gambling
10 July 2017The ICO has learned that there has been a "large numbers of spam texts linked to the gambling sector", and is therefore clamping down on how companies/affiliates use personal data to promote online gambling.
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The CMA’s fight with online gambling companies
10 July 2017The Competition and Markets Authority (CMA) is upping the ante against online gambling companies by increasing its enforcement action against those suspected of breaching consumer law. The CMA believes that often customers are not getting the deal they expected when signing up, due to misleading promotions and unfair terms within the promotion.
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Lewis Silkin attends The Law Society LGBT roundtable: Out in the open
10 July 2017Geraint Lloyd-Taylor has recently attended a discussion on diversity and equality in the legal profession, hosted by The Law Society.
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Digital Economy Act 2017 - the new Electronic Communications Code
07 July 2017The Code was first introduced in 1984. It was then called the Telecommunications Code, and addressed the installation of landline equipment. Revisions in 2003 extended the scope to incorporate digital technology, but problems with the amended Code soon emerged.
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Rates debate - Re-development or disrepair?
07 July 2017Business rates have been big news recently following the Government’s controversial revaluation which took effect from 1 April 2017. Against the backdrop of all this negativity, the Supreme Court decision of Newbigin (Valuation Officer) v S J & J Monk [2017] at least provided some positive news for those carrying out developments or refurbishments of property.
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Tenants still can’t assign to their guarantors
07 July 2017There are often very good reasons why a lease would be assigned to a guarantor (e.g. corporate restructuring or the tenant’s insolvency). However, a case in 2016 - EMI Group Ltd v O & H Q1 Ltd - decided that such an assignment would be void at law, even if all parties agreed to it.
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Could a timely PIA have helped save the Royal Free from falling foul of data protection laws?
07 July 2017For many organisations, the acronym PIA represents a Painfully Inconvenient Ask (if not something far less polite). But Privacy Impact Assessments are set to be a key way of meeting the General Data Protection Regulation’s accountability requirement, and their importance is illustrated by the outcome of a recent investigation by the Information Commissioner’s Office.
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Seller/Landlord beware! You need to take care with replies to preliminary enquiries
07 July 2017As part of any commercial property transaction a seller/landlord will usually be required to provide to the prospective buyer/tenant replies to a set of pre-contract enquiries (known as “preliminary enquiries”) – typically using the standard form Commercial Property Standard Enquiries (CPSEs) .