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Cyber liability: how can businesses protect themselves against underestimated cyber risks?

Cyber risk is the risk of financial loss, disruption, or damage to reputation as a result of  breaches of data security, including unauthorised disclosure of data, and compromise or failures of IT systems.  Specific examples include: ...




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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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US Lawmakers Bid to Rename DC Street for Chinese COVID Doctor

Street facing Chinese Embassy would be named for doctor who tried to warn about coronavirus




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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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Libyan Rival Forces Clash; Tripoli Airport Sustains Damage

Strongman Haftar denies Tripoli government claims shelling by his forces caused civilian casualties




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Malawi Top Court Upholds Presidential Election Re-Run

President Peter Mutharika, whose win in last year's vote was challenged, had appealed the re-run, which is now to be held July 2




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

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Brexit update: implications for the UK capital markets regime

The UK Government’s firm intention is that the UK will leave the European Union at 11 pm on 31 January 2020. As part of the withdrawal agreement setting out the terms of the UK’s exit (Withdrawal Agreement), the EU and the UK have agree...




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Coronavirus - Impact on AGMs and other matters for traded companies – UK

For listed and traded UK companies with a 31 December year end, the COVID-19 pandemic and the potential  for further tightening of restrictions on gatherings and travel in the UK raise particular issues as they enter into reporting and AGM seas...




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Online Annual General Meetings and more flexibility for corporate reorganisations – how the German legislator reacts with new corporate law measures to the Corovid-19 crisis

1. Upcoming German Annual General Meetings season 2020 A lot of German corporates have traditionally lined up their annual general meetings (AGM) for May, June and July. In the wake of the co-rona virus crisis, the boards of a large number of compa...




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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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Coronavirus - Bridging the gap on purchase price - Germany

What sellers and buyers can do to agree on a purchase price Due to the economic turmoil that has been caused due to Covid-19 Sellers and Buyers are trying to find common grounds for the valuation of target companies ("Target"). Many Sellers are sti...




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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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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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The Property Sector Transformation Code: Estate agent’s take note

The Property Sector needs to be aware of the Property Sector Transformation Charter Code (“the Property Charter”) as Section 20(1) of the Property Practitioners Bill (“the PPB”) states that: “The Property Sector Transfo...




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Privacy and Information Law e-briefing

Freedom of information and the private sector -  the next chapter in transparency by the Coalition Government Extension to Transparency agenda and Freedom of Information In March 2014, Justice Minister Simon Hughes MP stated: “We do inten...




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Is a domain name a property right?

The importance of the internet and the role that e-commerce plays in a company’s business have increased significantly over the past few years with many successful companies operating predominantly, some even exclusively, from online platforms...




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The end of "Made in Germany"?

The new product safety and market surveillance package of the European Commission The German Product Safety Act not only contains regulations on the safety of consumer products, product monitoring as well as on product warnings and recalls. It also ...




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Is the UK fashion sector anti-competitive? Competition and Markets Authority investigation launched

Competition Law E-Briefing: Fashion sector competition probe On Tuesday 24 March 2015, the UK’s competition regulator, the Competition and Markets Authority (the “CMA”), opened an investigation into suspected anti-competitive arrangements in the UK ...




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Germany: Bundeskartellamt blocks takeover by food retailer EDEKA of Kaiser’s Supermarkets, Parties apply for ministerial authorization

On 31 March 2015, the German Federal Cartel Office (“Bundeskartellamt”, BKartA) announced that it has blocked the proposed takeover of approximately 450 Kaiser’s Tengelmann supermarket branches by EDEKA, the leading German food ret...




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Food / Retail Sector Update: European Commission President calls for review of supermarkets’ power

On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd...




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Food / Retail Sector Update: European Commission President calls for review of supermarkets’ power

On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd...




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Competition and Markets Authority publishes updated retail mergers commentary

Introduction The Competition and Markets Authority (“CMA”), the authority responsible for operating and enforcing the UK merger control regime, has published its updated Retail Mergers Commentary (“New Commentary”).1 The CMA ...




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E-commerce: can luxury brands prevent retailers selling via online marketplaces?

On 26 July 2017, the European Court of Justice (“ECJ”) published an opinion issued by Advocate General Nils Wahl (the “AG’s Opinion”) indicating that luxury brands may prevent retailers from selling via online marketpla...




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German competition authority issues guidance paper on resale price maintenance in the retail food sector

In July 2017, the German Federal Cartel Office (“FCO”) published a detailed guidance paper (the “Guidance Paper”) on resale price maintenance (“RPM”) in the retail food sector. The purpose of the paper is to expl...




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UK CMA’s Ping fine appeal may clarify vendor online sales ban law – lawyers

Aysha Fernandes, legal director in Eversheds Sutherland’s Competition, EU & Trade group comments on the ramifications of UK CMA’s Ping fine appeal. This article was written by PaRR, the leading provider of inside track on comp...




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Shipping: New BIMCO "SUPERMAN"

It is becoming increasingly common for a buyer to engage a third party service provider to supervise the construction of a new vessel on its behalf. However to date there has been no standard form contract upon which the buyer and supervisor could b...




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Rail Technology: The Transport Select Committee makes recommendations for the delivery of the Digital Railway programme

What is the Digital Railway programme? The Digital Railway programme is a Network Rail led initiative to modernise train command, control and signalling systems used on the British railway network with the aim of substantially improving the capabili...




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O.W Bunkers (US update) ING Bank v MV TEMARA

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...




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Alstom Transport UK Limited v London Underground Limited: Automatic suspension lifted

On 27 June 2017, the court ordered the lifting of the automatic suspension in the case of Alstom Transport UK Limited v London Underground Limited [2017] EWHC 1521 (TCC). The resulting judgment includes some interesting comments on the correct test ...




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Contestability of the UK Railway Market – An update on the Hansford Review

What is the Hansford Review and what is its purpose? Professor Peter Hansford was commissioned by the Board of Network Rail to chair an independent review of “contestability” in the UK Rail Market, with the intent of “encouraging t...




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Update: The Competition and Markets Authority’s consultation on proposed guidance for the evaluation of competition issues in passenger rail franchise awards

Background The Competition and Markets Authority (“CMA”) has recently published draft guidance on its approach to assessing rail franchise awards under its merger control powers (the “Draft Guidance”)1. The guidance has been ...




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Highways England starts its market and supply chain engagement for two major transport projects under the new PF2 approach

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...




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Do your drivers still need to maintain their CPC, post- Brexit?

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The implementation of the GDPR in Romania

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...




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What “necessity” means for GDPR – our eight point summary

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Taking stock - what has and hasn’t been working since the GDPR’s introduction last May

Lorna Doggett examines what has and hasn’t been working since the GDPR’s introduction last May. To read the full article click here > This article was published in the April 2019 edition of Intellectual Property Magazine, and is repro...




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Stepping into the breach - Managing cyber risks with insurance

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ICO updates guidance on ‘manifestly unfounded’ and ‘excessive’ in the context of responding to individuals’ rights

What you need to know UK regulatory guidance has been updated to explain what ‘manifestly unfounded’ and ‘excessive’ means in relation to the individual rights of data subjects under GDPR. This includes but is not limited to ...




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Bank Negara Malaysia - Policy Guidance on ‘Risk Management in Technology’ (‘RMiT’)

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...




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Decision of the Higher Regional Court of Frankfurt am Main on bundling of consents in sweepstakes

In its decision of 27. June 2019 (Ref. 6 U 6/19), the Higher Regional Court of Frankfurt am Main ruled that participation in a sweepstakes can be made dependent on participants giving their consent to receive future marketing via e-mail or calls. In...




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German data protection authorities agree on calculation model for GDPR fines

While fines recently imposed by the French and UK data protection supervisory authorities have been high, the supervisory authorities in Germany have so far imposed rather moderate penalties. This could now be changed by a new model for calculating ...




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ICO in action: Ban on unsolicited marketing calls to members of pension schemes

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 ...




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Disinformation and the digital wild west

The digital modern age offers huge potential – the sharing of new technologies, the promotion of economic growth and the ability for instant communication. But whilst products of this age, such as social media, may help to progress today&rsqu...




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Update: Advocate General advises that the validity of standard contractual clauses is not affected by complaints made in Schrems II

What do I need to know? On Thursday 19 December, Advocate General Saugmandsgaard Øe published his Opinion in Full Article



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Commencement of the Protection of Personal Information Act – 1 April 2020

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...




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Coronavirus - Returning to the office: back to normal? - UK

This week, the Government intends to set out its “road map” to “unlock the economy” and get people back to work. Therefore, in the not too distant future (hopefully sooner rather than later for the majority), businesses will ...




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Sainsbury's / Asda and the CMA - a statement of intent pre-Brexit

On 21 and 20 February 2019 respectively the Competition and Markets Authority (CMA) published its Provisional Findings and a Full Article



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First fine imposed for obstructing CMA inspection

On 20 March 2019 the Competition and Markets Authority (‘CMA’)  imposed a fine  of £25,000  on the guitar supplier Fender Musical Instruments Europe Limited (‘Fender Europe’) for failure to comply with a ...