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- US-Based Syncreon chooses English Scheme of Arrangement Over Chapter 11 For Financial And Corporate Restructure
On Tuesday (11th September) the English High Court sanctioned two schemes of arrangement which are integral to the restructure of Syncreon, a US-headquartered global logistics business. This decision, the first where a US-headquartered group has openly favoured an English scheme of arrangement over Chapter 11 proceedings, could lead to more US companies seeking to use the English courts and statutory provisions to restructure their financial liabilities as an alternative to Chapter 11 proceedings.
- Brexit Manoeuvres: Brexit and Trade Marks
With a “no-deal” scenario looking increasingly more likely, what should brand owners be doing to prepare for 31 October this year? EU trade marks in the UK - Once the UK leaves the EU, existing EU trade marks (EUTMs) will no longer cover the UK. The government has stated that existing EUTM registrations will effectively be "cloned" such that right holders will be granted a new UK equivalent trade mark which will come into force at the time of the UK’s exit from the EU. It is important to note that this is only the case for registrations at the time of exit.
- Brexit - a guide to the latest developments
As the UK's constitution continues to be tested, the Brexit fundamentals remain unchanged. Seven weeks from now, the UK will automatically exit the EU on 31 October by the default operation of the Article 50 process. The Government alone need do nothing to make that happen...
- Changes to UK Retail Price Index Will Have Impact on Contracts
The UK government announced changes to the Retail Price Index (RPI) on 4 September 2019. In summary, RPI will not be abolished, but RPI will be changed to match CPIH on a date between 2025 and 2030 (with such date to be determined later).
- UK High Court Declines to Sanction Transfer of Annuity Portfolio
The High Court of Justice Business and Property Courts of England & Wales refused to sanction a scheme proposed by Prudential Assurance Co. and Rothesay Life PLC to transfer approximately 370,000 annuity policies from Prudential to Rothesay. The scheme was proposed under Part VII of the Financial Services and Markets Act 2000.
- Adtech and Real Time Bidding in the Regulatory Crosshairs
UK data protection regulator demands companies in the RTB ecosystem re-evaluate privacy notices, use of personal data, and lawful basis. The UK Information Commissioner’s Office’s (ICO’s) latest report into adtech and real time bidding (RTB) (the ICO Report) provides a stark assessment of the adtech sector’s use of personal data in RTB scenarios.
- NDA and Confidentiality Provisions in Severance and Other Agreements – What Should Employers be Doing Now?
The debate continues in the United Kingdom as to how non-disclosure and confidentiality agreements should be regulated to combat their abuse, particularly in cases of harassment and discrimination. In this OnPoint we consider what employers should be doing now in relation to their severance and other documentation in order to reduce the risks of challenges to their agreements, ensure that they accord with best practice, and avoid the risk of criticism of the restrictions they seek to place on employees in settlement situations, especially those involving sensitive issues.
- Pensions: What's new this week - 9 September 2019
Welcome to your weekly update from the Allen & Overy Pensions team, bringing you up to speed on the latest legal and regulatory developments in the world of occupational pensions. Please see full article below for more information.
- Removing Telecommunications Apparatus To Create A New Access
The Electronic Communications Code 2017 (the Code) applies across the whole of the UK and it is therefore an area where English real estate case law can also be relevant in Scotland. In the recent English case of Evolution (Shinfield) LLP v. British Telecommunications Plc  UKUT 127 (LC) the Upper Tribunal (UT) considered whether or not paragraph 38 of the Code could be used by a developer to require an operator, at the operator's own cost, to remove its electronic communications apparatus (ECA) from neighbouring land to enable construction of a new access route to the development site. The UT concluded that paragraph 38 could not be used in this way.
- Employment News: holiday pay, EWCs, EHRC
Noteworthy – no holiday pro-rating for "part year" music teacher - In The Harpur Trust v Brazel the Court of Appeal confirmed that a music teacher was entitled to be paid for 5.6 weeks' annual holiday, even though she only worked during term time.
- In Brief – UK Employment and HR Newsletter - Vol. 3, No. 2 Summer 2010
In this summer issue of our employment and HR newsletter, we have reviewed recent case law. We summarise the key facts in bite size chunks and highlight how and why the cases are of interest to HR and those with responsibility for employment issues in the workplace. Please see full...
- Good News, Bad News. The SAS Institute v. World Programming case and its effect on software copyright law
Sometimes, it’s not what happens that’s important, but what happens next. A case in the English High Court has confirmed what the software industry has known for some time: that it is not copyright infringement in the UK merely to copy the functionality of a computer program. But the real...
- Amendments to the Prospectus Directive
On 11 December 2010, the final text of the Directive amending the Prospectus Directive and the Transparency Directive (the “Amending Directive”) was published in the Official Journal of the European Union (“EU”). The Amending Directive will come into force on 31 December 2010, and member states...
- FSA Fines JJB Sports PLC for Disclosure Failings
On January 25, the UK Financial Services Authority (FSA) issued a Final Notice to JJB Sports plc that detailed a fine of £455,000 (approximately $725,000). The FSA found that JJB had failed to disclose information to the market about the true cost of two acquisitions. These failings had led to a...
- FSA and FRC Publish Feedback on the Role of Auditors
On March 10, the UK Financial Services Authority (FSA) and the Financial Reporting Council (FRC) published a joint feedback statement, Enhancing the auditor's contribution to prudential regulation FS11/1, summarizing the responses to their June 2010 joint discussion paper, DP10/3, similarly titled.&...
- Balance Sheet Insolvency: The Point of No Return
The decision of the Court of Appeal in BNY Corporate Trustee Services Limited v Eurosail-UK 2007-3BL plc and others  EWCA Civ 2007, is good news for distressed companies in need of some breathing space. In this case, the Court of Appeal held that the balance sheet test for insolvency is only...
- Cookies Update: Consent Now Needed
Introduction New rules on cookies came into force on 26 May 2011. Consent is now needed in relation to most cookies placed on a user’s PC (or mobile device) by UK websites. Similar rules are coming into force throughout Europe. Prior to this change, websites only had to tell...
- 2010 Bribery Act: Commercial Applicability
The Bribery Act 2010 (Act), heralded as the toughest anti-corruption legislation in the world, comes into force today in the United Kingdom. The Act is designed to address global bribery and to modernise the UK’s outdated, piecemeal anti-bribery legislation. The Act will be enforced against firms...
- About Face: Lancôme's Airbrushed Makeup Ads Banned in the UK
Makeup ads in the UK for products by L'Oreal have been banned after the U.K.'s Advertising Standards Authority ("ASA") deemed the airbrushing used in postproduction to be misleading to consumers. The ASA issued the ban after British Liberal Democrat politician, Jo...
- FSA Obtains High Court Injunction Against Market Manipulation
On September 1, the UK Financial Services Authority (FSA) announced that it had obtained an interim High Court injunction preventing a number of companies and individuals from market manipulating in respect of certain UK-listed shares. The FSA’s injunction was against Da Vinci...