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Guernsey Image Rights
26 September 2013Famous sportspeople, entertainers The Bailiwick of Guernsey, the small British Crown dependency in the English Channel known as an offshore tax haven, has achieved a ‘world first’ by establishing a unique registered image rights regime.
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Les statuts d une societe anglais
26 March 2015Que vous soyez dirigeant français d’une société anglaise à responsabilité limitée (« limited ») récemment achetée, investisseur intéressé par une prise de participation majoritaire dans une limited ou tout simplement une société française actionnaire majoritaire d’une limited, cet article est fait pour vous ! Il vous permettra de comprendre comment fonctionnent les statuts ou « articles of association » d’une limited, comment les lire et les écueils à éviter…
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Protecting your reputation via your legal and regulatory rights
05 April 2015“The exercise of restraint over the media by means of the threat and/or use of all available legal and regulatory mechanisms” - The deinition of Meda Management
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How to Protect your Format
26 April 2015This paper is based on that extensive experience, and sets out a number of practical steps that you can take to make the protection of television formats easier for those that have invested substantial time and money in their creation.
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The Bribery Act 2010 and its impact on the advertising industry
26 April 2015It has been called the ‘toughest bribery legislation in the world’ and has been rumoured to spell the end for corporate hospitality, media rebates and the client lunch, but what are the real implications of the Bribery Act 2010 for the advertising industry?
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The Law of Privacy
07 June 2015The protection of privacy which embodies our law of confidentiality has become increasingly important. Together with the law of defamation, privacy and confidentiality are vital rights for individuals and corporations, especially when well known figures and celebrities attract so much attention.
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Remuneration in financial services - new rules on deferral and clawback
29 June 2015New rules on deferral and clawback of variable remuneration are set out in a joint policy statement issued by the Prudential Regulation Authority (“PRA”) and the Financial Conduct Authority (“FCA”). They will apply to variable remuneration awarded for performance periods beginning on or after 1 January 2016.
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Community Infrastructure Levy
26 August 2015The Community Infrastructure Levy (“CIL”) is a discretionary planning charge which was introduced in 2010 through the Community Infrastructure Levy Regulations 2010.
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Framework Agreements
26 August 2015Framework agreements offer a potential solution as contracting authorities attempt to minimise the impact of the Public Contract Regulations 2006 on their business.
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Lewis Silkin wins HR Law Firm of the Year award at The Legal 500 Awards 2015
30 September 2015Lewis Silkin is delighted to be named winner of the HR Law Firm of the Year at this year’s The Legal 500 Awards.
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New protections for workers on zero-hours contracts
17 November 2015Earlier this year, we reported on the Government’s ban on the use of exclusivity clauses in “zero-hours contracts”. The ban, which came into force in May, renders unenforceable a contractual provision which prohibits an individual working under a zero-hours contract from working elsewhere. The Government has recently proposed new legislation designed to add teeth to the ban, giving employees and workers the right to bring a tribunal claim if they are penalised for working elsewhere.
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No duty of loyalty owed by directors to shareholders
26 November 2015On 12 November 2015, in Sharp & Others v Blank & Others [2015] EWHC 3220 (Ch), Mr Justice Nugee handed down his latest judgment in litigation between the directors and shareholders of Lloyds Bank. His decision is of interest to directors and shareholders alike. It re-affirms the scope of duties owed by directors to shareholders, as well as the approach to be adopted when assessing them.
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Company directors could face prosecution if they break redundancy rules
12 January 2016Michael Burd and James Davies discuss the risk associated with employers who flout redundancy procedures.
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Court of Appeal has no appetite for salami slicing
25 January 2016Without prejudice privilege is founded upon public policy. It serves to encourage litigants to settle their differences. Its effect is to exclude all negotiations genuinely aimed at settlement (whether oral or in writing) from being referred to at trial. Solicitors will often head negotiating correspondence “without prejudice” yet protection is not dependent upon use of the label. It is often misused and arises automatically in appropriate circumstances. So what happens when no label is used and attendees of a meeting later disagree as to its status?
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UK Trade Marks
17 February 2016A trade mark registration for a business, brand or product name, a logo, slogan or other trade mark provides a business with the most effective form of protection against a competitor making improper use of its trade mark. Whilst a trade mark might be capable of being protected through other areas of the law, such as passing off, copyright or design right, registering a trade mark has a number of important benefits.
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Trade Mark Watch Services
21 February 2016There is a temptation for trade mark owners to breathe a sigh of relief as they eventually file their trade mark applications. It is often the culmination of months of work searching for any prior rights and perhaps investigating, negotiating, cancelling or acquiring such rights. It is an end, but only to the beginning of a brand’s lifecycle. Once the application is filed, this is when the brand protection programme begins in earnest.
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Trade Mark and Design Searches
21 February 2016Whenever a new launch is proposed, whether it is for a product, brand, business name or an advertising campaign, there is always a risk that someone else is already using an identical or a similar name or design. If so, then that party may be entitled to obtain an immediate injunction from the court to prevent the launch and obtain damages for trade mark, design right or copyright infringement and/or passing off.
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International Trade Marks
27 February 2016Whilst there is no single trade mark that covers the entire world, knowledge of the various regional and international filing systems means that global protection can be achieved with greater ease and less expense than filing national trade mark applications in each country.
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Pheasant sick as a parrot
21 March 2016Today, 21 March 2016, HHJ Pelling handed down his judgment in relation to the account of profits element of the long-running dispute between Jack Wills and House of Fraser over the use of a logo consisting of a pigeon with a top-hat and bow-tie on some of its own-brand “Linea” products. The logo was found by Mr Justice Arnold to infringe Jack Wills’ rights in its “Mr. Wills” pheasant with a top-hat and a cane.
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Prevention of illegal working - a compliance guide for employers
13 April 2016This inbrief summarises how employers can reduce their exposure to fines and other penalties under the Home Office’s Prevention of Illegal Working regime.