Insights & News
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Lewis Silkin's adlaw blog round up of February
06 March 2019Welcome to the latest roundup of news and insights from our adlaw experts. You can also visit the adlaw blog where you’ll find many more posts about developments in legal and regulatory issues affecting the advertising and marketing sector.
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Media & Entertainment Legal Digest: January - February 2019
01 March 2019Welcome to the latest issue of our ‘Media & Entertainment Legal Digest’. We have selected the legal and regulatory developments from the past two months or so that we think are most likely to be of interest, with a link to the official source or full text of the item.
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Update on European Works Councils - will Brexit frustrate your EWC?
28 February 2019The final form of Brexit remains uncertain, as does its impact on European Works Councils (“EWCs”) that are governed by UK law.
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ICO prosecutes Cambridge Analytica parent company
21 February 2019The Information Commissioner’s Office (“ICO”) has flexed its muscles by successfully prosecuting a company related to Cambridge Analytica for failing to comply with an enforcement notice it had issued. The case provides a reminder that non-UK citizens and residents have equal rights against UK data controllers to those of people within the country.
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No-deal Brexit and data transfers – an update
21 February 2019The Department for Business, Energy and Industrial Strategy (“BEIS”) has published guidance on using personal data after Brexit. The European Data Protection Board (“EDPB”) has also released an information note on the implications of a no-deal Brexit for data transfers from the EEA to the UK.
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Supreme Court decision on professional negligence and loss of chance: Perry v Raleys Solicitors
21 February 2019The Supreme Court has upheld the appeal of a firm of solicitors defending a professional negligence claim and helpfully reiterated well-established principles about the approach the court must take when considering the issue of causation in loss of chance cases. The decision clarifies what has to be proved in cases where the question for the court depends on what: (a) the claimant would have done (which the claimant must prove to the usual standard ‘on the balance of probabilities’); compared with (b) what others would have done (which are better assessed on a loss of chance basis).
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Geraint Lloyd-Taylor comments for LexisNexis: Moderating marketing - can the law take a stand against problematic adverts?
14 February 2019In an article for Lexis Nexis, Geraint Lloyd-Taylor discusses the background of the recent backlash of certain adverts, highlighting that ‘time will tell’ how effectively the Advertising Standards Authority (ASA) will regulate this ‘potentially thorny and subjective issue’.
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Employment law: The year in review 2018
14 February 2019Our annual review of employment law aims to review major statutory and case-law developments during 2018 and explore how employers can plan ahead for what’s coming this year and beyond.
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Artificial Intelligence: The New Driving Force Behind Sports Performance and Entertainment
13 February 2019If I was to raise the topic of “artificial intelligence” in football, you’d be forgiven for thinking I was referring to Joey Barton’s decision to enrol as a philosophy student at Roehampton University back in 2013. But not so – last month it was announced that London-based non-league club, Wingate & Finchley FC, have employed football’s very first ‘AI coach’.
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The Court of Appeal has upheld an EAT decision that Asda’s lower-paid, predominantly female retail staff can compare themselves to higher-paid, mainly male, distribution depot staff.
07 February 2019The Court of Appeal (“CA”) decision is the latest stage in this long-running legal dispute over equal pay. Back in 2014, over 7,000 female Asda retail store workers brought claims in the Employment Tribunal (“ET”) arguing that they were entitled to equal pay with male distribution depot staff, on the basis that their work was of “equal value” to male workers.
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Going out on a limb - English courts and overseas defendants: jurisdiction challenges and the “three limb” test
06 February 2019When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined. The forum in which the dispute is determined can make a great deal of difference. It is therefore important for potential litigants to know where they can commence proceedings and whether they can resist claims brought against them in the “wrong” jurisdiction. In a recent case the English Court of Appeal considered the test that will apply when deciding whether to permit a claimant to sue a “foreign” defendant in this jurisdiction. This article was originally published in the Commercial Litigation Journal in the March/April edition.
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National Sickie Day – tips for managing sickness absence
04 February 2019We may all occasionally dread the thought of turning up to work on a Monday morning, but in January employees are likely to take 53% more sick days than in any other month of the year. High levels of short-term sickness absence can be a costly problem for organisations. In this article, we take a look at the steps employers can take to manage short-term sickness absence.
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Lewis Silkin's adlaw blog round up of January
04 February 2019Welcome to the latest roundup of news and insights from our adlaw experts. You can also visit our adlaw blog where you’ll find many more posts about developments in legal and regulatory issues affecting the advertising and marketing sector.
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Redundancy protection for pregnancy and maternity to be extended?
31 January 2019The Government has published a consultation paper on extending protection from redundancy for women during pregnancy, women who have returned to work after maternity leave, and new parents.
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Brexit and European Works Councils - a status update and what you need to do next
29 January 2019The final form of Brexit remains uncertain as does its impact on European Works Councils (“EWCs”), the area of employment law that it will most immediately and profoundly affect. This article guides you through the current state of play and suggests how best to prepare for what might happen to your existing UK law-governed EWC arrangements.
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No Deal Brexit - The rights of EU nationals after 29th March 2019
29 January 2019The Government has released some information on the status and rights of EU nationals in the event of a “No Deal” Brexit.
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The use of mediation in sports disputes
25 January 2019With sports disputes being on the increase, it is becoming more important for parties to consider using alternative means to resolve disputes instead of the more traditional route of proceeding to arbitration or court proceedings. Mediation is commonly used to resolve commercial disputes but with sports disputes, it is not used as often despite its many benefits.
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APAC Bulletin - January 2019
25 January 2019Welcome to the January 2019 edition of our APAC Bulletin covering the latest employment and immigration updates across the region.
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Sports Q&A - What are your top five legal tips for the transfer window?
25 January 2019Whether you’re a junior lawyer whose recently started work in a football club or are just a fan who wants to know what legal issues might be holding up a deal to get a player signed, this month's Q+A on the top five legal tips for the transfer window should be of interest.
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“Settled Status” and supporting employees through Brexit
23 January 2019Following the Government’s announcement of its plan for EU nationals and their family members after Brexit, many UK employers are struggling to understand the potential effects on their employees.