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SFO V ENRC: Landmark privilege decision by Court of Appeal
10 September 2018The Court of Appeal has handed down its much anticipated decision in the Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) appeal. In a judgment that will leave many lawyers breathing a heavy sigh of relief, the Court of Appeal overturned large parts of Mrs Justice Andrews’ first instance decision.
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SFO v ENRC landmark privilege case: no appeal but the story continues…
10 October 2018The Serious Fraud Office (SFO) has confirmed that it will not appeal the Court of Appeal’s landmark ruling that documents created during an internal investigation by Eurasion Natural Resources Corporation (ENRC) were protected by litigation privilege and do not have to be disclosed to the SFO. However, the story does not end there because in a new twist, ENRC has applied for a judicial review of the SFO’s investigation into criminal allegations of corruption and financial wrongdoing by ENRC.
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Economou v de Freitas defamation case: appeal dismissed
28 November 2018In what the leading judge called a case with “unusual and tragic facts”, the Court of Appeal has dismissed Alexander Economou’s appeal against the first instance decision that his defamation claims should fail.
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Hong Kong Lawyer case summary: Music Holdings Property v. Ooi Lean Choo
13 September 2020In a case summary published by the Hong Kong Lawyer, Catherine Leung looks at a recent case concerning an employee committing fraud.
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USOC condemns unofficial use of Olympic hashtags
24 August 2016Alex Kelham has commented in an article for World Sports Law Report which discusses the unofficial use of Olympic hashtags.
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Spam using Lewis Silkin's name
19 February 2014It has come to our attention that there are emails circulating purporting to be from Lewis Silkin, whether in reference to the firm or a Barrister called Lewis Silkin.
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“(Section 55) Shades of Gray” - using the Data Protection Act to prevent employees misusing or taking data
27 February 2017A recent case has highlighted a potentially helpful mechanism in the Data Protection Act 1998 (“DPA”) for employers to use if they are concerned about employees taking data when they leave.
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Mob rule? Using crowdsourced data as substantiation
14 June 2017This session will focus on Crowdsourcing Substantiation. When consumers post reviews, interact with social media platforms, and use applications and other technology, a staggering amount of data is collected. However is this data credible and can it be used for reviews and endorsements?
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Sports Q&A - Are clubs allowed to ban their players from using social media?
27 September 2018This month’s question was inspired by comments from Manchester City boss, Pep Guardiola, about his first choice left back, Benjamin Mendy. During a press conference over the summer, Guardiola suggested that Mendy should, “forget a little bit the social media and improve a few things”. Mendy, who has a huge following on both Instagram and Twitter, vowed to “listen to the manager”...though he remains incredibly active online.
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Using contractors? Get ready for the IR35 tax rules - FULLY BOOKED
27 November 2018The Chancellor announced in the Budget the latest measure to combat what HMRC calls “false self-employment”, aimed at those who supply their services via their own company.
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Playing with fire: user-generated content on Twitter (Brands & IP Newsnotes - issue 5)
23 June 2017The strange world of Twitter, where brands engage with their customers at their peril. The main lesson learned from the recent #WalkersWave Twitter promotion is one that brands have heard before: the British public love nothing more than a piss-take.
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James Davies comments for The Times: No-deal Brexit advice ‘useless’
20 September 2018In an article for The Times, James Davies discusses the contingency plans businesses are making to move operations out of the UK, to avoid a hard Brexit.
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Use of disclosed documents to threaten new proceedings was a breach of court rules and may amount to a contempt of court by the solicitor and client
12 December 2017The Civil Procedure Rules (CPR) provide that using documents disclosed in existing proceedings (except for the specific purposes allowed) breach the rules. CPR 31.22 provides various exceptions to when a document disclosed in a set of proceedings may be used. Any use outside of the rules could also amount to a contempt of court. Both the client who relied on the solicitor’s advice and the solicitor may be equally vulnerable to the contempt proceedings where there is no evidence of deliberate or reckless misconduct by the solicitor.
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US & the Americas
We have a long history of assisting our clients on their activities across North and Latin America, in particular the USA. This is reflective of the scale of the market and of the abundance of business opportunities it provides.
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US employment law firm FordHarrison joins Ius Laboris, Global HR law Alliance
12 June 2013Ius Laboris, the world’s largest alliance of Human Resources law firms (of which Lewis Silkin is the UK member) announced that U.S. employment law firm FordHarrison LLP has joined the Alliance.
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In search of a new Safe Harbour: The EU's push for new data transfer regulation with the US may be part of the problem
30 October 2015Steven Lorber has written an article for City A.M. on the aftermath of the European Court’s ground-breaking ruling which outlawed “safe harbour” arrangements.
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Expert Q&A on Brexit's impact on US employers
20 December 2016An expert Q&A with James Davies regarding how the Brexit vote impacts US employers.
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Lewis Silkin has advised the Harbour Group on its acquisition of US textiles and furniture company Thibaut Inc.
15 February 2018Lewis Silkin has advised its client the Harbour Group on its acquisition of US based company, Thibaut Inc.
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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.