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UK Pensions speedbrief - Pensions Regulator publishes details of first enforcement action for auto-enrolment non-compliance

Pensions Regulator publishes details of first enforcement action for auto-enrolment non-compliance The Pensions Regulator has published its first section 89 report relating to breaches of the aut...




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China’s Ministry of Commerce announces intention to investigate 80 industries regarding possible anti-competitive conduct

The Chinese Ministry of Commerce (“MOFCOM”) recently announced the intention of the Chinese competition authorities to step up the number of their investigations into possible anti-competitive and abusive market conduct.  Chinese co...




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Germany: Federal Cartel Office bans food retail giant EDEKA from squeezing suppliers, Edeka goes to Court

The German Federal Cartel Office (“Bundeskartellamt”, BKartA) has issued a decision stating that attempts by Germany’s largest supermarket, EDEKA, to force suppliers to grant it so called “wedding rebates”, in the form ...




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Consultation begins on Sentencing Guidelines for Food Safety and Hygiene offences

“We want to ensure that these crimes don’t pay.” Michael Caplan QC, Sentencing Council Member In an era where price fixing and anti-competitive practices attract fines measured in billions, the disparity associated with sentencin...




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Amendments to food labelling regulations: More information requirements for labels and new methods of presentation

Starting 13 December 2014, businesses will be required to comply with the great majority of the rules set forth in the EU’s Food Information Regulation (1169/2011). The Regulation went into force on 12 December 2011 but provided for a long, 3-...




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Managing office Christmas parties

Whether an office Christmas party takes place within working hours, out of hours, in the office or away from the office, it is considered an extension of the working environment.  While no one wants to be the office scrooge and take away the po...




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The 12 employment cases of 2014

  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...




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Dutch regulator decides ‘Chicken of Tomorrow’ falls foul of competition law

The Netherlands Authority for Consumers and Markets (the “ACM”) has ruled that arrangments concerning a new form of sustainably reared chicken, known as the ‘Chicken of Tomorrow’, which lead to other forms of chicken being re...




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Contractual Advantage: New Rules of Agricultural and Food Product Trade

The Act of 15 December 2016 on Counteracting Unfair Use of Contractual Advantage in Trade of Agricultural and Food Products came into force and effect on 12 July 2017. The law confers additional powers on the President of the Office of Competition a...




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Environment, Food & Rural Affairs Committee report – Regulation of the water industry

The EFRA Select Committee’s report into regulation of the water sector was published on 9 October 2018. Its key conclusions & recommendations are outlined below. Water transfers Water transfers should play an important role in increasing s...




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The Impact of sustainability on the food and beverage sector new report launch

We are delighted to share with you our latest Consumer sector Thought Leadership report ‘Reshaping your business: The impact of sustainability on the food and beverage sector’. In this latest report we focus on the environmental aspects ...




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Documents Show Top White House Officials Buried CDC Report

Documents had detailed advice from nation's top disease control experts for reopening communities during coronavirus pandemic




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COVID Spread May Put Native Americans at Increased Risk of Violence

Native American advocacy groups worry lockdowns can lead to increases in alcohol, drug and domestic abuse




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Legal Factors every non-profit must consider before expanding into new countries- The NGO Whisperer Magazine

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Tightening the Rules of Backdoor Listings

In recent years, there have been growing concerns over backdoor listings and shell activities in Hong Kong as a result of which new businesses have been able to be listed without going through the listing requirements contained in the Rules Gover...




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Final Report of the Brydon review into the quality and effectiveness of audit published

  On 18 December 2019, the Government published the final report of the independent review undertaken by Sir Donald Brydon into the quality and effectiveness of audit (Report). The Report contains recommendations ...




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Disclosure of Beneficial Owners of Counterparties in Corporate Transactions

The Rules Governing the Securities on The Stock Exchange of Hong Kong Limited (the “Listing Rules”) impose certain disclosure obligations on listed issuers when they engage in different types of corporate transactions. However, it has be...




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Coronavirus - Overview of the impacts of the lockdown in Mauritius Part II - Employment law considerations

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...




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Eversheds Sutherland supports SPX FLOW on the sale of its Power and Energy segment

Eversheds Sutherland has supported SPX FLOW on the sale of its Power and Energy segment to funds managed by affiliates of Apollo Global Management, Inc for approximately $400 million. SPX FLOW are based in Charlotte, North Carolina and are a leading...




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Coronavirus – Fiducie – Facilitating the obtaining of secured financing and the disposal of distressed assets – France

When the economic situation deteriorates, when the financial situation becomes strained, when the granting of credit becomes more difficult, being able to provide effective collateral in order to obtain cash from lenders is more important than ever ...




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Eversheds Sutherland advises CEO and owner of Sarcus group on the sale to private equity investor Maxburg Capital Partners

Eversheds Sutherland has advised the CEO and owner of Saracus group on the sale of the group to an investment fund managed by private equity investor Maxburg Capital Partners. The parties agreed to keep the purchase price confidential. The client wi...




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Coronavirus - The certainty of change: M&A in a pandemic - Global

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...




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Eversheds Sutherland have advised the management team shareholders on the sale of a minority stake in Waterlogic

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...




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Eversheds Sutherland has advised Investment House Q.P.S.C. (“IH”), one of the leading investment banks and asset managers in Qatar

Eversheds Sutherland has advised Investment House Q.P.S.C. (“IH”), one of the leading investment banks and asset managers in Qatar, in connection with the first private fund in the country to invest in the alternative asset class of commercial shipp...




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Community Infrastructure Levy: Removal of Regulation 123

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...




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What are the potential benefits of OTT?

Part 2 of 4 (a) For Users/Consumers Simply put, OTT services are low or free of charge services. Its known that online video traffic is on the growth due to simple accessibility and cheapness. Consumers’ hopes are also evolving as they are exp...




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The rise of AI and Robotics in Retail - is it forging ahead of the law?

AI AND ROBOTICS IN RETAIL HAS UNSTOPPABLE MOMENTUM. IT WILL BE A KEY FOCUS AND POTENTIAL DIFFERENTIATOR FOR RETAILERS Earlier this year, MEPs voted for a set of regulations to be drafted to govern the use and creation of robots and artificial intell...




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Reform of EU copyright law creates additional rights for rightholders in the digital age

Précis New EU copyright directive entered into force on 7 June 2019, ushering in new EU copyright rules, bringing radical changes to the EU copyright regime. Member states have until 7 June 2021 to implement the new directive. Background The Europea...




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The challenges and considerations of OTT

Part 3 of 4 Despite its advantages, OTT systems do face challenges, and these become particularly apparent when moving from the concept to implementation. As mentioned in the above section OTT services are almost considered as low/free of charge ser...




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UK Government announces legislation for implementation of a UK digital service tax from April 2020

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...




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The regulatory positions of OTT - a global view

Part 4 of 4 Compared to the rest of the world, OTT regulation is fairly advanced in Europe and subject to a completely different approach in Africa and Middle East. It seems that in this part of the world, OTT services are commonly banned to protect...




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Recommendation on the protection of health-related data

Recommendation CM/Rec(2019)2 of the Committee of Ministers to member States on the protection of health-related data Mobile health apps and other technical applications in the health sector are becoming more and more popular. Whether it's heart rate...




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New decisions on the admissibility of cookies

There has long been discussion as to whether the use of cookies and other technologies for the purposes of web analysis, tracking and individualised advertising requires the explicit consent of those concerned or whether this can also be based on le...




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Open Consultation – UK Implementation of the European Electronic Communications Code

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...




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Challenging IT resilience – some key lessons Bates & Ors v Post Office Limited (No. 6) [2019] EWHC 3408 (QB)

  The much anticipated sixth judgment (“the Horizon Judgment”) in the long-running group litigation against the Post Office (“POL”) brought by some 550 current and former sub-postmasters (“the Group Action”),...




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Local Government Briefing Note 38 of 2012: Expert evidence in procurement claims - no general admission

Expert evidence in procurement claims – no general admission On 28 September 2012 the High Court rejected an application under...




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Local Government Briefing Note 40 of 2012: Fair Deal: the latest developments

Fair Deal: the latest developments On 19 November 2012 HM Treasury published its response to the March 2011 consultation on the future of the Fair Deal for Staff Pensions guidance. The Fair Deal review is part of the Government’s broader revi...




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Local Government Briefing Note 39 of 2012: Registered Providers to face longer, more complicated and more expensive claims?

Registered Providers to face longer, more complicated and more expensive claims? The Legal Aid, Sentencing and Punishment of Offenders Act 2012 ("LAPSO") LAPSO received Royal Assent on 1 May 2012 and will come into force on 1 April 2013. It will hav...




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Local Government Briefing Note 2 of 2013 - Charitable Incorporated Organisations (‘CIOs’) – Available Soon!

The Charities Act 2006 (now the Charities Act 2011) introduced a new form of incorporated charitable entity, the CIO.  There has been a long delay in making CIOs available but their imminent arrival has been heralded by a recent government anno...




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Local Government Briefing Note 1 of 2013 - December 2012 UK Government Announces Future Changes to the CRC Energy Efficiency Scheme (“CRC Scheme”)

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...




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Local Government Briefing Note 3 of 2013 - State Aid: Proposed Reform of the Enabling Regulation

The European Commission has announced proposals to amend the Enabling Regulation adopted in 1998. This forms part of the EC’s State Aid Modernisation Initiative. It will allow the EC to focus on larger more...




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Local Government Briefing Note 4 of 2013 - State Aid: Proposed Reform of State Aid Procedures

? The European Commission has announced proposals to amend the Procedural Regulation adopted in 1999. This forms part of the EC’s State Aid Modernisation Initiative and will support quicker decision making and ensure a focus...




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Local Government Briefing Note 5 of 2013 - Equality Act 2010: Technical Guidance on the Public Sector Equality Duty

? Recently, the Equality and Human Rights Commission EHRC published detailed technical guidance for those public sector bodies seeking to comply with the Public Sector Equality Duty (PSED). There is separate guidance for Scotland, England and Wales....




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Local Government Briefing Note 6 of 2013 - State Aid Modernisation: proposed amendments to the Enabling and the Procedural Regulations

The European Commission (the "EC") presented two proposals on 5 December 2012, as part of its State Aid Modernisation initiative. The proposals will include amendments to two key State aid instruments, the Enabling Regulation and...




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Local Government Briefing Note 8 of 2013 - Proposed changes to rules for solicitors employed by local authorities

? 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 ...




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Local Government Briefing Note 9 of 2013 - The Administrative Court considers effective and lawful consultation

The court has recently considered the extent of disclosure required to satisfy the obligation of fairness in a consultation exercise in the case of R (on the application of Save our Surgery Limited) v Joint Committee of Primary Care Trusts  (&l...




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Eversheds Local Government Briefing Note 18 of 2013: Code of Conduct for Operational PFI/PPPs

Code of Conduct for Operational PFI/PPPs HM Treasury recently published a brand new PFI/PPP code of conduct (the ‘Code’) which is aimed at delivering savings in operational PPP contracts. What has been introduced? ...




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Local Government Briefing Note 20 of 2013: Judicial Review: Proposals for further reform

On 1 July 2013, following its consultation Judicial Review: proposals for reform, the Government introduced significant changes to the judicial review process.  The stated aim was to balance the need to ensure lawful public administration with ...




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Local Government Briefing Note 3 of 2015: Deal or No Deal: What's Inside the Red Brief Case

Another year, another budget. So what have we learnt from the contents of the infamous red brief case? Here are some of the highlights for the local government community.             George...




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Local Government Briefing Note 4 of 2015: Cap on care costs and new appeals system - Reforms on the horizon

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...