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25 results for JD Supra United Kingdom › Sheppard Mullin Richter & Hampton LLP

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  • CFIUK? The UK Brings Heavier Scrutiny to Its Foreign Investment Reviews

    The UK government has now made a show of force in its foreign direct investment (FDI) reviews. For the first time, the UK Secretary of State issued an order to prevent a transaction for raising public interest considerations. Specifically, the UK Government blocked the prospective deal on national security grounds. In the September 5, 2020 notice, the UK Government accepted commitments

  • Using Health Data in Europe During COVID-19

    The EDPB recently issued guidelines about how to use health data during the current pandemic in compliance with GDPR. Given the COVID-19 pandemic, there have been many research efforts in place to fight against the virus. The EDPB’s guidelines shed light on the special rules for processing health data for scientific research...

  • UK ICO Fines Parenting Club £400,000 Over Breach Involving PII of Mothers and Babies

    The ICO first began its examination of Bounty UK Ltd. (a support club for parents) when the ICO was investigating the data brokerage industry generally, of which it viewed Bounty as taking part (given that it shared member information with third parties like Acxiom and Equifax). In reaching its conclusion that the company had violated UK privacy laws, the ICO found the volume of sharing in which...

  • UK ICO Settles with Marketer Over Unsolicited Email Messages

    Grove Pension Solutions Ltd is a UK-based company that helps people get “pension releases,” i.e. getting money out of their pensions. The company uses a vendor to conduct lead generation. That vendor would identify individuals who had given consent to get messages on a variety of third party websites (including for example, soapboxsurvey.co.uk). None of the individuals had a relationship with...

  • UK’s ICO Brings Texting Enforcement Action, Fines Vote Leave 40,000 Pounds

    Prior to the “Brexit” vote in 2016, the pro-Brexit campaign, Vote Leave, sent almost 200,000 unsolicited texts in violation of the Privacy and Electronic Communications Regulations (PECR), according to a recent settlement it reached with the ICO. Under those regulations, as the ICO outlines in its PECR guidance, consumers must either have opted into receiving texts or they must already be an...

  • UK Regulator Issues Guidance About Encryption Under GDPR

    The UK Information Commissioner’s Office recently released helpful encryption guidance. Although released to address the GDPR security requirements, this document may be helpful more broadly because of the detail around encryption the ICO provides. In the guidance, the ICO points to certain types of encryption (symmetric and asymmetric) and when to use the different methods...

  • Supermarket Held Vicariously Liable in UK’s First Data Leak Class Action

    UK supermarket chain Morrisons has been held vicariously liable for the acts of a malicious employee in the UK’s first data leak class action. The issue began in 2014, when a disgruntled Morrison’s internal IT auditor posted to a public file-sharing website the payroll data of nearly 100,000 employees (including names, addresses, dates of birth, national insurance numbers and bank details)...

  • UK Issues Fine for Unsolicited Funeral Marketing Emails

    The U.K. data protection authority recently fined a lead generation company £90,000 ($118,000) for a 2017 unsolicited email marketing campaign. The company, Boost Finance Ltd, sent over 4 million emails promoting pre-paid funeral plans under the name findmeafuneralplan.com. In reaching its decision, the ICO (the UK data protection regulator), said that the company violated the UK’s Privacy and...

  • New Lower UK Thresholds for Scrutiny of Mergers Affecting National Security

    Following the publication and consultation on a green paper earlier this year the UK Government has now published new takeover rules, adding new thresholds to the relevant provisions of the UK Enterprise Act giving the Secretary of State (SoS) additional powers to scrutinize mergers taking place after July 11, 2018. These powers are based on public interest in transactions that raise national...

  • Are Loot Boxes An Illegal Gambling Mechanic?

    A member of the United Kingdom’s Parliament has opened an inquiry into the legality of loot boxes. Loot boxes are virtual items that may be redeemed to receive a randomized selection of additional virtual items. Various countries around the world have recently moved to regulate the provision of loot boxes in video games, often in response to inquiries from consumers or legislators, such as the...

  • A New Sleuth in Britain: The UK Quietly Empowers a Sanctions Enforcement Office

    On April 3, 2017, the UK Treasury’s Office of Financial Sanctions Implementation (OFSI) announced new penalties for economic sanctions violations of £1 Million or 50% of the value of the transaction, whichever is higher. As a result, this new detective has a powerful new enforcement tool, and it may be taking notes from the powerful U.S. sanctions agencies.

  • Company Directors Beware – the CMA’s Disqualification Order

    Today, the UK Competition and Markets Authority (CMA) published a 60-second summary for company directors to avoid disqualification for breaches of competition law. Please see the full text of the guidance here. This is part of a series of CMA short and simple guides on competition law and is relevant to all directors whose companies fall within the scope of EU or UK competition law.

  • Bre(xit)aking News

    The Supreme Court of the United Kingdom by a majority of 8 to 3 has today confirmed that triggering the exit procedure from the European Union requires an Act of Parliament. As such the Supreme Court disagreed with the current UK Government which had argued that Government ministers could rely on their prerogative powers to trigger Article 50 of the Treaty on the European...

  • Brexit, Here We Come (or Go)

    The UK people have voted to leave the European Union. Although there is no constitutional duty to leave the Union as a result, politically this is likely going to happen. Change will not be immediate and happen over time.

  • The Morning After: Waking up to Brexit and Its Impact on Your Business

    On the morning of June 24, 2016, we woke up to a headline that had been much discussed, but still added a jolt to many people’s morning coffee: Britain to Leave the European Union.

  • Evolving Private Remedies for Competition Infringements in Europe: Class Actions in the U.K.

    Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. This step was a major change, and an equally significant development has taken place in the U.K., which will make it even more attractive to private enforcement. As of 1 October, 2015, the U.K.’s...

  • They Grow Up So Fast: Alstom and the UK Bribery Act at Five Years

    In April 2015, the UK Bribery Act (UKBA) celebrated its fifth birthday. In the same month, the Serious Fraud Office brought a third round of corruption charges under the UKBA in the Alstom case. Those allegations, brought against Alstom Network UK and one of its former employees, add to the expanding case against multiple UK subsidiaries of the French company’s transport and power division.

  • The Libor Scandal: What's Next?

    The London Interbank Offered Rate (Libor) is calculated daily by the British Banking Association (BBA) and published by Thomson Reuters. The rates are calculated by surveying the interbank borrowing costs of a panel of banks and averaging them to create an index of 15 separate Libor rates for different maturities (ranging from overnight to one year) and currencies. The Libor rate is used to...

  • Mind Your Own Businesses: UK Court Decision May Signal Pushback On Extraterritorial Enforcement of US Trade Laws

    Under a recent court decision, UK government agencies may be able to shield the names of British companies transacting in Iran, and thereby aid these companies in averting potential consequences of U.S. law. On September 22, 2011, a British tribunal refused to force the UK government to disclose the names of British companies that had applied to sell goods with potential...

  • 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 Swinson, lodged complaints about two ads for foundation products made by L'Orealowned brands, Lancôme...

  • A Closer Look at the 2010 UK Bribery Act

    The 2010 U.K. Bribery Act is the new "elephant in the room" of the global anti-corruption effort. The Act sets forth the United Kingdom's counterpart to the U.S. Foreign Corrupt Practices Act (FCPA), and significantly modifies the U.K.'s domestic bribery laws. Please see full article below for more information.

  • The Ministry of Justice Issues Long-Awaited Guidance on the UK Bribery Act

    On March 30, 2011, the United Kingdom (“UK”) Ministry of Justice (“MOJ”) issued its long-awaited guidance on the UK Bribery Act (the “Guidance”). The implementation of the UK Bribery Act (the “Act”) has been delayed twice, but will now take place on July 1, 2011. Thus, the time has come for companies to assess their anti-corruption compliance programs and make adjustments to ensure that they...

  • U.K.'s Sweeping Anti-Corruption Legislation Increases Risk for Businesses

    The United States Foreign Corrupt Practices Act (FCPA) has received a great deal of attention of late. The U.S. government's increased FCPA enforcement efforts reulted in $1.2 billion in fines and sanctions in the first few months of this year, as well as a seven-year prison sentence for an executive of a U.S. corporation. Please see full article below for more information.

  • The Long Arm Of The Crown: New U.K. Anti-Bribery Law Reaches Private Sector Bribery And Creates Offence Of "Failing To Prevent" Bribery

    The U.K. Bribery Act 2010 (the "Act") represents a fundamental reform of the U.K. anti-bribery regime and greatly expands the potential legal exposure of companies and individuals that do business, including practice of a trade or profession, in the U.K. For example, it criminalizes purely private bribery with no involvement of a government official and creates a new corporate offence...

  • Smells Like Trademark Protection: Copycat Perfumes Cannot Engage in Comparative Advertising, on Odor of the Court

    L’Oreal scored a major victory in trademark protection against smell-alike perfumes this past month in England's Court of Appeal. In L’Oréal v. Bellure, the court held that Bellure's use of lists in its advertising that compared its perfumes' scents to those of well-known L'Oréal perfumes constituted trademark infringement. This widely-reported decision indicates a sea change in European...

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