Related insights: Commercial Disputes

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FCA test case: disruption in the new normal

15 Sep 2020
The judgment in the FCA test case concerning the operation of several non-damage business interruption insurance clauses has been handed down today. Groups representing policyholders are claiming victory, however, beyond the headlines is a complex and nuanced judgment. Nevertheless some broad themes can be discerned and insurers will want to consider these and re-assess their approach to all business interruption claims and not just those arising from COVID-19.
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Brexit and patents

07 Aug 2020
The European patent regime is not an instrument of the European Union ("EU"). The European Patent Convention 2000 and its various protocols are not part of the accumulated body of EU law. The current membership of the European Patent Office numbers 38 countries, which is a far greater number than the current 28 member states of the EU. As a result, the European patent regime, of which the United Kingdom ("UK") is a part, will remain largely unaffected by Brexit. The UK's membership of the Patent Cooperation Treaty will also remain unaffected.
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Brexit and designs

04 Aug 2020
The registered Community design ("RCD") system has allowed applicants to obtain a single design registration covering all European Union ("EU") member states rather than require them to seek national protection through separate intellectual property ("IP") offices. RCDs are multi-jurisdictional and unitary creations whereby the rights and scope of protection are indivisible. Accordingly, the rights under the RCD are tied directly to what constitutes the single market of the EU which underpins the development of the "Fortress Europe" doctrine allowing for the free movement of goods, but as a barrier to goods from outside the EU. The RCD gives broad protection for rights-holders by providing a basis for seeking and being granted EU-wide injunctions against infringers. 

Changing the face of witness statements

09 Apr 2020
Following recommendations made by the Commercial Court Witness Evidence Working Group (WEWG) in December 2019, some limited amendments to witness statements and the statement of truth took effect on 6 April 2020. While the reforms are far from radical (the majority of the WEWG did not favour radical reform), the courts are likely to take a tougher approach in circumstances where a witness statement has been clearly over worked by lawyers. We examine the issues and consider the implications for solicitors, parties to litigation and their insurers.

D&O: de facto directors and policy implications

18 Oct 2019
D&O policies typically provide cover for claims and investigations against directors including de facto directors. But exactly what does de facto director mean? We explain why it matters and examine a recent High Court decision which helps clarify this difficult question for insurers and insureds alike.
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Opportunistic insider trading related to a personal data breach

21 Aug 2019
The recent conviction of a second Equifax executive (Jun Ying) for insider trading after the Equifax data breach in 2017, highlights concerns about the possible interplay between data breach and insider trading. In the period from detection of a data breach to its public disclosure, insiders might try to use non-public information in securities trading, cashing in on the prediction that the disclosure of a data breach will cause stock price to fall.
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An online restriction too far

28 Jan 2019
The EU Commission has published its decision fining clothing brand, Guess, €40m.  Guess admitted its wrongdoing and was rewarded with a 50% discount off the fine.
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Brexit and… database rights

12 Nov 2018
Following publication of the 'agreed' text of the draft Withdrawal Agreement (the "Draft Text") between the United Kingdom ("UK") and the remainder of the European Union ("EU") on 19 March 2018, our intellectual property ("IP") team has produced a suite of briefings on key aspects of the likely implications of Brexit for IP rights and systems across the EU, to inform our clients what changes they will need to consider making to their existing IP strategies and protocols to continue dealing in post-Brexit UK and Europe. The topic of this note is how Brexit will impact database rights.