It appears that the right time for a face lift is when the spirit needs a nuance of rejuvenation and the elements for doing so are all to hand. Similarly, as a brand is the face of an organisation the time for a ‘face lift’ of a business organisation is when opportunities present themselves and there is a need to revitalise. The European Parliament has now provided that opportunity and necessity for businesses to think seriously about getting a new face for their brands in view of the new legislation. Continue reading “EU trade marks: when is the right time for a face lift?”
Contracting for cyber security risks for customers
Cyber security is a business imperative, and the reason is simple: the impact of a security breach can be severe. Any approach to cyber security must address each group that has access to the systems and data of a business, such as its customers, providers, affiliates and employees. This article is focused on the cyber security risks for a business when contracting with its service providers. Continue reading “Contracting for cyber security risks for customers”
Navigating the minefield of data export
European businesses have always needed to tread carefully in relation to exporting personal data outside the European Economic Area (EEA). This has never been more true than recently when data export became the biggest issue in data protection.
The cat was set among the pigeons in October 2015 when the European Court of Justice (ECJ)invalidated the export of personal data to the US via safe harbour and has been shrouded in uncertainty ever since. The Commission’s new deal on ‘safer harbour’ with the privacy shield has not provided the certainty hoped for and many businesses and lawyers are left scratching their heads as to what they can now do and not do. Continue reading “Navigating the minefield of data export”
Cyber security: the human element
Naive or disgruntled employees frequently pose the greatest risk to cyber security and, more widely, protection of confidential information. Continue reading “Cyber security: the human element”
Sustainability and IP: a match made in heaven?
When British costume designer, Jenny Beavan, won the Oscar for her work in Mad Max: Fury Road at the 2016 Academy Awards, she said in her acceptance speech that the film could be ‘horribly prophetic if we’re not kind to each other, and if we don’t stop polluting the atmosphere’. Mad Max is set in a post-apocalyptic world where the planet is a desert wasteland, humanity is broken and gasoline and water are scarce.
Continue reading “Sustainability and IP: a match made in heaven?”
Seeing the wood for the trees: which aspects of the new General Data Protection Regulation should you focus on?
The EU’s governing bodies recently reached an agreement on the text of the new General Data Protection Regulation (GDPR) after months of ongoing trilogue negotiations. Continue reading “Seeing the wood for the trees: which aspects of the new General Data Protection Regulation should you focus on?”
2016 trends in dispute resolution: abuse of dominance litigation for consumer-facing TMT companies
The idea of masses of consumers galloping after shares of companies’ profits for anti-competitive behaviour has probably not been one which has been keeping corporate counsel awake at night. But the combination of (1) the new Consumer Rights Act; (2) a mature litigation funding market; and (3) the developing nature of antitrust enforcement, makes for a heady mix, and one which can be expected to lead to a new and very different climate in 2016 for companies playing (either directly or indirectly) to the consumer market. So it is particularly pertinent for the technology, media and telecommunications sector. Continue reading “2016 trends in dispute resolution: abuse of dominance litigation for consumer-facing TMT companies”
Spoilt for choice? Selecting the correct UK court for IP, media and technology disputes
When a business has a dispute, it is important for it to properly evaluate its options in terms in how best to resolve the matter on a commercial basis. This should involve a review of any relevant contract(s) giving rise to the issues in dispute for any applicable choice of law and jurisdiction provisions, as well as provision for any alternative methods of dispute resolution. Some examples of the latter can be formal negotiation, formal or informal mediation or arbitration, as well as expert referral. The existence and the content of provisions like this in any such contract(s) will clearly affect the appropriate mechanics and procedure to adopt, as well as possibly (if proceedings are needed) constrain, the ability to forum shop between different courts and different jurisdictions. Continue reading “Spoilt for choice? Selecting the correct UK court for IP, media and technology disputes”
Brave new worlds
Schadenfreude doesn’t feature much between in-house legal departments, so many general counsel would have winced when TalkTalk chief executive Baroness Harding admitted last year that she didn’t know all the technical details of the cyber breach that could ultimately cost the company £60m and contribute to the loss of 101,000 customers. Continue reading “Brave new worlds”
Myths and Millennials
Just what is it that you want to do?
We wanna be free.
We wanna be free to do what we wanna do.
Loaded, Primal Scream
It was a very different legal market in 2007 when Simon Harper and a group of colleagues at Berwin Leighton Paisner geared up for the launch of Lawyers On Demand (LOD). Amid boom time for legal services, few knew what to make of a flexi-lawyering business. Working on initial marketing, the idea was hit upon to draw on the famous freedom refrain from Primal Scream’s 1990 song Loaded (actually a sample from the cult film The Wild Angels). The intent was to reach a new generation of lawyers: a generation that in law and in other industries would increasingly be known as Millennials. The impact was immediate, recalls Harper. ‘What made LOD fly was the changing attitudes to work. Some of the CVs we got were amazing.’ Continue reading “Myths and Millennials”
2016 and all that
‘One day Alice came to a fork in the road and saw a Cheshire cat in a tree. “Which road do I take?” she asked. “Where do you want to go?” was his response. “I don’t know,” Alice answered. “Then,” said the cat, “it doesn’t matter.”’
Lewis Carroll, Alice in Wonderland
The above passage from Alice in Wonderland, says Daniel Jowell QC of Brick Court Chambers, is apt when planning for the possibility of the UK leaving the EU. Continue reading “2016 and all that”
Straight to the source
Twenty years ago the idea of any person instructing the Bar other than a private practice solicitor was frowned upon. Although as qualified solicitors in-house counsel always had the right to instruct barristers, convention dictated private practice lawyers acted as gatekeepers of the Bar for companies seeking advice on litigation. But, as the rules have changed and in-house lawyers have expanded their remits, corporate legal teams have come to appreciate the benefits of direct interaction with barristers. Continue reading “Straight to the source”