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Insights & News

CMI Triangle 03

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  • Social media and the workplace

    Inbrief

    26 August 2016

    Businesses are embracing the benefits that social media brings but its recent massive growth in popularity is inevitably creating issues in the workplace as the interface between employees’ work and personal lives becomes blurred.

  • Protecting your business

    Inbrief

    18 August 2016

    Protecting your business from competitive threats is vital. Losing a team or a key employee to a competitor can be extremely damaging. You may lose clients, prospects, and other staff. Your valuable confidential information may be put at risk.

  • Smoking at work

    Inbrief

    11 August 2016

    Following the introduction of the smoking ban in England in July 2007, it is a criminal offence in England, Scotland, Wales and Northern Ireland to smoke in virtually all enclosed public places and workplaces, on public transport and in work vehicles used by more than one person.

  • The Working Time Regulations 1998

    Inbrief

    20 July 2016

    The Working Time Regulations 1998 (WTR) implement the European Working Time Directive in the UK.

  • Brazilian Olympic Act: a last minute hurdle for ambushers

    Inbrief

    08 July 2016

    With the Rio Olympic Games just around the corner, there have been concerns about the country’s readiness to play host to the competition, its athletes and scores of fans. Issues around stadium safety and anti-doping policies have been at the forefront of the debate, but there has also been, until very recently, a distinct lack of clarity for brands and sponsors planning marketing activities in Brazil in the lead up to the Games.

  • Termination of employment

    Inbrief

    06 July 2016

    Terminating employment can create a plethora of unwanted issues for the employer, including claims of wrongful or unfair dismissal.

  • Share buy backs - what’s the fuss?

    Inbrief

    16 June 2016

    When a company is planning a share buy back (or purchase of its own shares) it’s time to be careful. This note explains why you need to be careful, and summarises the company law issues that must be addressed in advance before the company enters into any commitments.

  • Why have tailored articles of association and even a shareholders agreement

    Inbrief

    09 June 2016

    If you are setting up a company with your business partner, you may be tempted to rely solely on the statutory default articles of association for private companies limited by shares (the Model Articles) to govern the internal procedures of the company, and the corporate relationship between you. These notes show why you really should consider having articles that are tailored to your circumstances, and even a shareholders’ agreement, between you and your partner - even if you wouldn’t dream of falling out with him or her.

  • Trade Marks in the United States

    Inbrief

    21 May 2016

    Trade mark rights in the United States arise from use of a trade mark, not registration and therefore a trade mark registration for a business, brand or product name, a logo, slogan or other trade mark provides a business with the most effective and least expensive way to prove trade mark rights in the United States.

  • Paternity leave and pay

    Inbrief

    18 May 2016

    The law relating to paternity leave and pay is not yet as developed or as complicated as maternity legislation. However, since the introduction of additional paternity leave and pay for fathers of children due on or after 3 April 2011, administering it has certainly become more of a headache for employers.

  • Maternity leave and pay

    Inbrief

    10 May 2016

    The law recognises women on maternity leave as being particularly vulnerable and gives them special protection. As a result, employers need to be careful to make sure they comply with their legal obligations in this area. This Inbrief summarises the rights which women on maternity leave enjoy and looks at some common problem areas.

  • Information and consultation

    Inbrief

    10 May 2016

    The Government implemented the EU Information and Consultation Directive by bringing into force the Information and Consultation of Employees Regulations 2004 on 6 April 2005.

  • Pension auto-enrolment

    Inbrief

    20 April 2016

    From 1 October 2012 a fundamental change to employers’ obligations concerning workplace pensions took effect, requiring employers who have passed their “Staging Date” to automatically enrol eligible jobholders into a suitable pension scheme and fund a minimum level of pension savings (without reducing pay or benefits elsewhere). The new rules will require all employers to review (and, if necessary, amend) their current pension arrangements or face substantial penalties for non-compliance.

  • Defamation & Malicious Falsehood

    Inbrief

    20 April 2016

    Reputation protection which embodies our law of defamation has become increasingly important. Together with the law of privacy, including confidentiality, reputation protection is a vital right for individuals and corporations, especially the advertising industry where image and celebrity rights attract so much attention.

  • Shared parental leave

    Inbrief

    16 March 2016

    A new system of shared parental leave has been introduced as part of the Government’s commitment to create a fairer society that gives parents more flexibility to decide how they want to share care for their child in the first year. Shared parental leave is available for parents in respect of children due on or after 5 April 2015.

  • Tape measures - tackling the risk of employee recordings

    Inbrief

    02 March 2016

    Modern technology has made it increasingly easy for employees to make covert recordings in the workplace. This can be done in different contexts and for a variety of reasons, but is rarely something that the employer would want to take place.

  • Trade Mark Watch Services

    Inbrief

    21 February 2016

    There is a temptation for trade mark owners to breathe a sigh of relief as they eventually file their trade mark applications. It is often the culmination of months of work searching for any prior rights and perhaps investigating, negotiating, cancelling or acquiring such rights. It is an end, but only to the beginning of a brand’s lifecycle. Once the application is filed, this is when the brand protection programme begins in earnest.

  • Trade Mark and Design Searches

    Inbrief

    21 February 2016

    Whenever a new launch is proposed, whether it is for a product, brand, business name or an advertising campaign, there is always a risk that someone else is already using an identical or a similar name or design. If so, then that party may be entitled to obtain an immediate injunction from the court to prevent the launch and obtain damages for trade mark, design right or copyright infringement and/or passing off.

  • UK Trade Marks

    Inbrief

    17 February 2016

    A trade mark registration for a business, brand or product name, a logo, slogan or other trade mark provides a business with the most effective form of protection against a competitor making improper use of its trade mark. Whilst a trade mark might be capable of being protected through other areas of the law, such as passing off, copyright or design right, registering a trade mark has a number of important benefits.

  • Social Media and Online Issues - Defamation and Privacy

    Inbrief

    20 July 2015

    Online publishing via social media is now instant, free and easily accessible. Anyone can publish content without much in the way of control or the input of an in-house legal team to veto high risk content. Such freedom and accessibility raises issues for online publishers who face the possibility of claims of defamation and breach of privacy.

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