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A taste of home: the issue of imitative businesses in the United Arab Emirates | Rouse

The Gulf region still represents a growing, often untapped, market for international consumer-facing brands. This is particularly true of the most open and accessible of all Gulf markets – the United Arab Emirates (UAE). The UAE occupies a unique position halfway between Asia and the markets of Africa and Europe. In a very short period …

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Sins of the father | Macfarlanes

It is a well-established principle of company law that a company has a separate legal personality from its members (Salomon v A Salomon & Co Ltd [1897]). In certain limited circumstances, such as where the corporate structure has been used for the purposes of a fraud or as a device to avoid an existing contractual …

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Risks following a product recall, part 1: disclosure and freedom of information requests | Shook, Hardy & Bacon

Following a product recall, there are a number of risks to a business that the directors, senior staff and the legal team should be aware of from the outset and may need to address long after the initial recall. The dissemination of documents created during a product recall poses a real threat to a company …

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Tide of change in employer and public liability claims in Scotland | Brodies

Employer and Public Liability claims are top of the agenda for many finance directors. With their impact on insurance premiums, deductibles and absenteeism levels, it is easy to see why. In particular, small and medium-sized businesses can pay a significant percentage of their turnover on employer and public liability insurance, in already straitened times.


Search engines and other online service providers: liability for unauthorised use of trade marks in keywords in China
 | Rouse

As a result of widespread and rapidly increasing use of the internet in the People’s Republic of China (with over 500 million users, China has the largest internet-using population in the world)1, there is already a great deal of jurisprudence relating to intellectual property infringement and the internet. Although decisions of the courts in China …

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Whose confidential information is it anyway? | Macfarlanes

The recent case of Jones v IOS (RUK) Ltd & anor [2012] concerned a claim for damages for breach of a confidentiality agreement. In the opening paragraph of his judgment, His Honour Judge Hodge QC identified three ‘interesting issues of law’ that he needed to decide, namely:

Flood v Times Newspapers [2012]: is the Reynolds qualified privilege defence finally coming of age? | Schillings

On 21 March 2012 in Flood v Times Newspapers Ltd [2012] the Supreme Court unanimously upheld an appeal by Times Newspapers Ltd (TNL) and held that the newspaper had acted ‘responsibly’ in publishing an article about police corruption in 2006. This is the second occasion on which the country’s highest court has considered the defence …

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PIP breast implants: lessons for all? | Shook, Hardy & Bacon

The PIP breast implant affair will be a case study in the product liability context for many years to come. Two significant reports on the matter have been published recently. Sarah Croft of Shook, Hardy & Bacon International LLP considers the conclusions drawn and possible ramifications for future litigation and the regulation of medical devices.

Commercially sensitive information and the nincompoop’s law | Kingsley Napley LLP

‘Freedom of Information Act. Three harmless words. I look at those words as I write them, and feel like shaking my head ‘til it drops off. You idiot. You naïve, foolish, irresponsible nincompoop. There is really no description of stupidity, no matter how vivid, that is adequate. I quake at the imbecility of it.’

Protecting your intellectual property in Scotland | Brodies

There is often a perception that IP disputes with any UK element need to be litigated in London, whether in the High Court or in the revamped Patents County Court. While this perception is understandable, it is not correct, as there are, in fact, many cases where there may be a Scottish option for dealing …

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