em Online copyright infringement By www.eversheds.com Published On :: 2014-12-09 The Police Intellectual Property Crime Unit (PIPCU) has arrested a man on suspicion of providing access to websites which have been subject to a legal blocking order. The man is accused of operating an ‘umbrella’ website that allows user... Full Article
em The 12 employment cases of 2014 By www.eversheds.com Published On :: 2014-12-10 Before 2014 is consigned to history and 2015 presents a new set of employment law challenges, it is timely to reflect on the year?s significant cases. We have identified 12 cases which developed the law and potentially changed HR policies an... Full Article
em Opposition to Trump Unites Democrats Behind Biden By www.voanews.com Published On :: Sat, 09 May 2020 10:29:47 -0400 Pressure from progressives for more expansive government assistance programs, especially now during the COVID pandemic, along with concerns over a recent sexual assault allegation and a challenge from a third-party candidate, threaten to fracture that unified support Full Article
em Could shareholders inadvertently cancel their Shareholders Agreement? By www.eversheds.com Published On :: 2019-08-02 Following the judgment in De Freitas v Chamdor Meat Packers [2015] JOL 33940 (GJ), when a company proposes to its shareholders the adoption of a new Memorandum of Incorporation, the shareholders should carefully consider the provisions of the new Me... Full Article
em New ESG requirements for Hong Kong listed issuers By www.eversheds.com Published On :: 2020-02-17 Companies nowadays are placing a greater emphasis on environmental, social and governance (“ESG”) matters as they recognise what the impact of these may have on their businesses. Coupled with the increased demands from investors on discl... Full Article
em Coronavirus - Overview of the impacts of the lockdown in Mauritius Part II - Employment law considerations By www.eversheds.com Published On :: 2020-03-31 Employment law considerations Whilst considering the health and safety recommendations implemented by the Government, the Occupational Safety and Health Act 2005 (OSHA), also establishes legal principles guiding employers and employees in dealing wi... Full Article
em Coronavirus - The certainty of change: M&A in a pandemic - Global By www.eversheds.com Published On :: 2020-04-28 Right now M&A activity has been significantly decreased, and the projected numbers for foreign direct investment and Gross Domestic Product in many countries are concerning. However, we must remember that we have been through many crises over th... Full Article
em Coronavirus - Guidance issued to Remuneration Committees - UK By www.eversheds.com Published On :: 2020-04-30 The Investment Association (IA) has issued guidance to UK listed companies on how to approach executive pay issues during the COVID-19 pandemic. The IA published a Full Article
em Eversheds Sutherland have advised the management team shareholders on the sale of a minority stake in Waterlogic By www.eversheds.com Published On :: 2020-05-07 Eversheds Sutherland have advised the management team shareholders on the sale of a significant minority stake in Waterlogic, a UK-based designer, manufacturer, distributor and service provider of purified water dispensers, to four strong instituti... Full Article
em Community Infrastructure Levy: Removal of Regulation 123 By www.eversheds.com Published On :: 2019-08-28 The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 are due to come into force on 1 September 2019. The 2019 Regulations were introduced by the Government earlier this year, alongside their response to the technical cons... Full Article
em UK Government announces legislation for implementation of a UK digital service tax from April 2020 By www.eversheds.com Published On :: 2019-07-12 Speed brief: On 11 July 2019, the UK Government published legislation confirming its intention to introduce a digital services tax (DST). The key features of this DST are as follows: • 2% tax on revenues (not profit) generated from UK users &bu... Full Article
em Open Consultation UK Implementation of the European Electronic Communications Code By www.eversheds.com Published On :: 2019-08-07 Precis The Department for Digital, Culture, Media & Sport (“DCMS”) have opened a consultation[1] which seeks stakeholder’s views on the proposed approach to the implementation of the European Electronic Communications Code Dire... Full Article
em Local Government Briefing Note 38 of 2012: Expert evidence in procurement claims - no general admission By www.eversheds.com Published On :: 2012-12-17 Expert evidence in procurement claims – no general admission On 28 September 2012 the High Court rejected an application under... Full Article
em Local Government Briefing Note 1 of 2013 - December 2012 UK Government Announces Future Changes to the CRC Energy Efficiency Scheme (CRC Scheme) By www.eversheds.com Published On :: 2013-01-14 Many in local government will already be familiar with the CRC Scheme. This is the UK’s mandatory emissions trading scheme aimed at improving energy efficiency and cutting carbon dioxide emissions in large public and privat... Full Article
em Local Government Briefing Note 8 of 2013 - Proposed changes to rules for solicitors employed by local authorities By www.eversheds.com Published On :: 2013-02-13 ? The Solicitors Regulation Authority has undertaken consultation on proposed changes to the rules for solicitors employed by local authorities. The SRA is proposing to amend rule 4.15(e) of the Practice Framework Rules, to ... Full Article
em UK HR Local Government e-briefing - Today's employment law changes; and what else to expect this year By www.eversheds.com Published On :: 2013-06-26 Today’s employment law changes; and what else to expect this year Various changes to employment legislation take effect today, including amendments to whistleblowing laws. Other changes will follow over coming months. In this briefing we... Full Article
em UK Local Government Pensions speedbrief: Local Government Pension Scheme liabilities on academy conversions By www.eversheds.com Published On :: 2013-07-18 Local Government Pension Scheme liabilities on academy conversionsBackground The treatment of Local Government Pension Scheme (LGPS) liabilities on academy conversions has been presenting significant difficulties for some time, with pension liabilit... Full Article
em Local Government Briefing Note 4 of 2015: Cap on care costs and new appeals system - Reforms on the horizon By www.eversheds.com Published On :: 2015-04-08 On 4 February 2015, the government launched a consultation on draft regulations implementing the cap on care costs contained in the Care Act 2014. The consultation also sought views on the need for new appeals system in relation to local authorities... Full Article
em Local Government Briefing Note 6 of 2015 - Converting failing schools into Academies - a closer look at the Education and Adoption Bill By www.eversheds.com Published On :: 2015-06-17 Background The Government’s latest proposal in reforming the English schooling system was laid before Parliament last week in the form of the Education and Adoption Bill 2015-16 (“the Bill”). The Bill sets out provisions to conver... Full Article
em UK HR and Pensions Speedbrief: Public sector exit pay reform Exit pay schemes must conform By www.eversheds.com Published On :: 2016-09-27 A commitment to reduce public sector termination packages has seen the Government explore various proposals for reform in recent years; from draft regulations seeking recovery of termination payments, to a financial cap upon the amount of any indivi... Full Article
em Retail groups with Swiss financing arrangements By www.eversheds.com Published On :: 2015-03-02 The Swiss Federal Supreme Court recently considered whether a dividend distributed by a Swiss company that participated in a zero balancing financing arrangement had been distributed lawfully. The case refers back to 2001 when Swisscargo AG distribu... Full Article
em UK: Internationally mobile employees Changes to Taxation of Share Awards By www.eversheds.com Published On :: 2015-03-30 The UK is changing the way in which it taxes share options and share awards held by employees who move between countries. Some employees will gain and some employees will lose. As an employer, if you have employees on assignment from overseas or you... Full Article
em Closing the GAP: Guaranteed Asset Protection insurance - competition remedy By www.eversheds.com Published On :: 2015-06-22 New rules in the FCA’s policy statement on Guaranteed Asset Protection (GAP) insurance (PS15/13) are about to change the way GAP insurance sold alongside the sale of a motor vehicle (add-on GAP Insurance) is sold to both consumers and commerci... Full Article
em E-commerce: Commission probes suspected competition infringements in consumer electronics, videogames and hotel sectors By www.eversheds.com Published On :: 2017-02-03 The European Commission has launched three investigations into suspected breach of the competition rules by companies in the consumer electronics, videogames and hotel sectors. The consumer electronics and videogames probes come out of the Com... Full Article
em Coronavirus - Block Exemption for the Retail Property Sector South Africa By www.eversheds.com Published On :: 2020-04-03 The Covid-19 Block Exemption for the Retail Property Sector (the “Regulations”) were published on 24 March 2020 in response to the declaration of the National State of Disaster. The Regulations exempt certain agreements or practices with... Full Article
em O.W Bunkers (US update) ING Bank v MV TEMARA By www.eversheds.com Published On :: 2016-12-06 As is common practice now, ING Bank (“ING”) filed a number of cases asserting rights to amounts due and payable to O.W Bunker & Trading A/S (“O.W Bunker) for the provision of bunkers of fuel oil to vessels. These cases in... Full Article
em Update: Draft EU Implementing Regulation on access to service facilities and use of rail-related services By www.eversheds.com Published On :: 2017-11-28 Executive Summary The European Commission has consulted on an implementing regulation which will provide additional detail for procedures and criteria to be followed by service facility operators in order to satisfy their obligations under Directive... Full Article
em Highways England starts its market and supply chain engagement for two major transport projects under the new PF2 approach By www.eversheds.com Published On :: 2018-03-07 Highways England are moving forward with the A303 Stonehenge project (A303) and the Lower Thames crossing (LTC) and will be starting their market and supply chain engagement in March 2018. These projects are two of the largest in Highway England's R... Full Article
em Airlines Face Turbulence Over Compensation Payments Following Supreme Court Decision By www.eversheds.com Published On :: 2018-04-03 Intro / Summary The Supreme Court has refused to grant Emirates permission to appeal the Court of Appeal’s decision in the joint case of Gahan v Emirates and Buckley and ors v Emirates meaning the Court of Appeal’s decision to award comp... Full Article
em Rail Network Enhancements Pipeline Update (Autumn 2019) - Government provides update on rail enhancement projects seeking DfT funding By www.eversheds.com Published On :: 2019-12-03 Background On 16 October 2019 the Department for Transport (“DfT”) issued its “Rail Network Enhancements Pipeline Update” for Autumn 2019 (the “Enhancements Pipeline Update”). A copy of the Enhancements Pipeline U... Full Article
em The implementation of the GDPR in Romania By www.eversheds.com Published On :: 2019-04-16 We report on Romania’s recently introduced data protection law, focussing on the provisions relating to the processing of national identification numbers and the rules on the use of CCTV and monitoring in an employment context. In July 2018, R... Full Article
em The Fashion ID judgement: Plugin to be a joint controller By www.eversheds.com Published On :: 2019-08-02 The Facebook “Like” button and similar social media plugin technologies (Plugin) are now so commonplace that we perhaps don’t give them a second thought. Plugins provide an easy way for consumers to connect instantly with a preferr... Full Article
em Bank Negara Malaysia - Policy Guidance on Risk Management in Technology (RMiT) By www.eversheds.com Published On :: 2019-10-10 The Central Bank of Malaysia or Bank Negara Malaysia (‘BNM’) on 18 July 2019 issued another policy document which sets out its requirements to the nation’s Financial Institutions (‘FIs’) management of technology risk. W... Full Article
em Article: Pre-ticked boxes arent consent for cookie placement By www.eversheds.com Published On :: 2019-10-11 CJEU Ruling on Cookies On 1 October 2019, the Court of Justice of the European Union (CJEU) gave a preliminary ruling1 on questions referred from the Bundesgerichtshof (Federal Court of Justice in Germany) that: Consent is not validly ... Full Article
em ICO in action: Ban on unsolicited marketing calls to members of pension schemes By www.eversheds.com Published On :: 2019-10-18 This speed read follows on from our briefing in November 2018 in which we explained that the government had proposed a change in law to implement a ban specific to pensions related cold calling. At that time it was estimated that 10.9 million ... Full Article
em ICO launches consultation on its application for POCA enforcement powers By www.eversheds.com Published On :: 2019-11-26 The Information Commissioner’s Office (“ICO”) has asked to be given the ability to exercise various powers (and gain access to investigation) under the Proceeds of Crime Act 2002 (“POCA”), and has opened a consultation ... Full Article
em Speed read: Useful November 2019 guidelines on controller, processor and joint controllership concepts from the European Data Protection Supervisor By www.eversheds.com Published On :: 2019-12-06 Summary On 7 November 2019 the EDPS issued guidance on how to determine who is a controller, processor and joint controller. The EDPS is an independent supervisory authority whose primary objective is to ensure EU institutions and bodies respect the... Full Article
em Update: Advocate General advises that the validity of standard contractual clauses is not affected by complaints made in Schrems II By www.eversheds.com Published On :: 2019-12-19 What do I need to know? On Thursday 19 December, Advocate General Saugmandsgaard Øe published his Opinion in Full Article
em Commencement of the Protection of Personal Information Act 1 April 2020 By www.eversheds.com Published On :: 2020-01-28 President Cyril Ramaphosa has received a request from the Information Regulator Chairperson to declare that the remaining provisions of the Protection of Personal Information Act (POPIA) commence on 1 April 2020. If the President acts on the Informa... Full Article
em The EU Court provides guidance on the use of framework agreements by contracting authorities By www.eversheds.com Published On :: 2019-02-11 Case C-216/17, Autorità Garante della Concorrenza e del Mercato – Antiturst, Coopservice Soc. coop. arl In its judgment of 19 December 2018 (the &ldq... Full Article
em FCA imposes fines in first competition enforcement case By www.eversheds.com Published On :: 2019-02-21 Competition partner Julia Woodward-Carlton, who acted for one of the main parties on this case, considers the decision and potential implications of the case in this article. The Financial Conduct Authority (‘FCA’) has today issued ... Full Article
em Sainsbury's / Asda and the CMA - a statement of intent pre-Brexit By www.eversheds.com Published On :: 2019-02-28 On 21 and 20 February 2019 respectively the Competition and Markets Authority (CMA) published its Provisional Findings and a Full Article
em Case C-260/17, Anodiki Services EPE: interpreting the scope of the employment contracts exemption under EU procurement legislation By www.eversheds.com Published On :: 2019-03-05 Case C-260/17, Anodiki Services EPE1: interpreting the scope of the “employment contracts” exemption under EU procurement legislation Introduction The judgment relates to a request for a preliminary ruling made by Greece’s Council ... Full Article
em Greater EU Competition Enforcement needed in the Digital Era By www.eversheds.com Published On :: 2019-04-15 As we have recently reported, a number of competition authorities and governments are in the process of assessing whether their competition enforcement tools are fit for the digital economy. In the UK, on 13 March 2019 a specially commissioned panel... Full Article
em CMA's merger enforcement powers could become more intrusive By www.eversheds.com Published On :: 2019-06-11 On 3 June 2019, the Competition and Markets Authority (“CMA”) published a report1 by economic consultancy firm Lear, commissioned by the CMA, on merger control in digital markets (“Report”). On the... Full Article
em Government Amends Temporary Tariffs for Lorries, Bioethanol and Clothing Products By www.eversheds.com Published On :: 2019-10-09 On 8 October 2019, the Government announced changes to the UK’s temporary tariff regime for certain products in the event of a no-deal Brexit. Under the proposals, which were first published on 13 March 2019 , the Government intended to introd... Full Article
em The Italian Competition Authoritys enforcement against so called IBAN discrimination practices By www.eversheds.com Published On :: 2019-12-03 Introduction The Italian Competition Authority (“ICA”) has recently adopted a harsh approach imposing quite significant fines on those operators who accept direct debit payments only to the extent that their customers are holders of an ... Full Article
em The new Italian Law on Class actions and its impact on the current private antitrust enforcement regime in Italy By www.eversheds.com Published On :: 2019-12-11 The Italian legislation on private antitrust enforcement (Legislative Decree no. 3 of 19 January 2017 - Decree) has implemented the EU Directive no. 2014/104. The Decree sets out the rules according to which any natural or legal person who has suffe... Full Article
em DOJ further aligns Export Control and Sanctions Enforcement Policy with FCPA enforcement practices By www.eversheds.com Published On :: 2020-01-14 On 13 December 2019, the US Department of Justice (DOJ) announced a revised Export Control and Sanctions Enforcement Policy for Business Organizations (Revised EC/S Policy),1 clarifying its prior guidance on voluntary self-disclosure requirements fo... Full Article
em Highest EU court confirms pay for delay settlement agreements may be abusive and restrict competition by object or effect By www.eversheds.com Published On :: 2020-02-05 On 30 January 2020, the Court of Justice of the EU (“CJEU”) confirmed that an agreement in settlement of a patent dispute in the pharmaceutical sector may constitute a restriction of competition by object or effect, as well as an abuse o... Full Article
