This article considers the Supreme Court decision in VTB Capital plc v Nutritek International Corp & ors [2013]. Perhaps the most striking aspect of the case is that it casts doubt on the notion that the Court has the power to pierce the corporate veil. The Supreme Court also held that, even if the power …
In the event that a safety problem is identified with one of your products, you will need to undertake a risk assessment to comply with the General Product Safety Directive.
Intellectual property (IP) is of huge and ever-increasing value to all businesses. It is often the most valuable asset that a company owns. By way of example, in 2010, patents held by US companies were estimated to be worth $2 trillion. Recently, Alan Greenspan, the former Chairman of the Federal Reserve of the United States, …
Continue reading “Intellectual property and Scotland’s constitutional future”
The conventional view in the UK has been that a sub-licensee has no greater rights than their sub-licensor and so a sub-licence ends when the sub-licensor’s rights terminate, in accordance with the principle of nemo dat quod non habet (no one gives what he doesn’t have). This was questioned by the recent case of VLM …
While countries are struggling to reach an agreement on appropriate emissions reduction targets, from a corporate risk and compliance perspective the issues businesses face related to climate change are substantial. The impacts of increased sea levels, extreme weather events like heatwaves, heavy precipitation, droughts and wildfires reach companies in all corners of the world, impacting …
Continue reading “Climate change: the top five trends to watch”
Companies that have been involved in an illegal cartel affecting trade in the EU may significantly reduce their exposure to sanctions if they decide to co-operate with the European Commission (the Commission) under its Leniency Notice.1 The first company to co-operate and to satisfy the formal requirements is granted total immunity from fines, while companies …
Following the recent Supreme Court decision in R (on the application of Prudential plc) [2013], confirming that legal advice privilege does not attach to accountants or anyone else outside the legal profession, this seems an appropriate time to revisit the application of the principles of privilege within the context of internal investigations. We examine in …
Continue reading “Privilege revisited: privilege issues in internal investigations ”
Due diligence risk allocation in share and business purchase agreements has kept the courts busy recently. The commercial approach to interpreting them adopted by the courts in 2012 will please transaction lawyers, but important questions remain unanswered.
It is accepted wisdom that, in the field of the environment, improved access to information and public participation in decision making enhances the quality and the implementation of decisions, contributes to public awareness of environmental issues and gives the public the opportunity to express its concerns and take part in the debate. That wisdom is …
The UK Department for Business Innovation & Skills (BIS) has now published the UK government’s response to a consultation regarding private actions for damages arising from infringements of UK competition law. In this publication, Private Actions in Competition Law: a Consultation on Options for Reform: Government Response1, the government has made a number of proposals …
Continue reading “UK bids to become the forum of choice for antitrust”