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PLC QTRLY - Q1 2022
Post-Covid and post-Brexit changes are on the horizon for the UK's public companies. This is the first of our regular updates to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.
Read moreBalance on the board: Eight things UK PLCs need to know about the FCA's diversity targets
The Financial Conduct Authority's proposals will mean UK listed companies need to disclose whether their boards and senior management teams meet new gender and ethnic diversity targets.
Read moreTakeover Code: What has changed?
On 5 July 2021, the most significant changes to the Takeover Code (the Code) since 2011 took effect. The changes are intended to standardise the treatment of regulatory clearances and simplify the offer timetable. An overview of the main changes is set out below.
Read moreUK Listing Review wants companies to stay at home
Recommendations will make it easier to list and fundraise on the London Stock Exchange
Read moreTime for public companies to come clean: New UK climate-related disclosures and ESG guidance
Companies listed on the London Stock Exchange's Main Market will need to include a statement in their annual report confirming if they have made climate-related disclosures consistent with the recommendations of Task Force on Climate-related Financial Disclosures (TCFD). Companies planning to IPO, or move from AIM to the Main Market, are also affected by these new Listing Rules.
Read moreRestrictive covenants in shareholders' agreements and commercial contracts
The Court of Appeal has recently reaffirmed the approach to the enforceability of restrictive covenants in shareholders' agreements and other commercial contracts.
Read moreCorporate governance for large private companies
For financial years beginning on or after 1 January 2019, large private companies will need to adhere to the requirements contained in a new corporate governance code published by the Financial Reporting Council. The introduction of the new code followed multiple scandals which revealed poor corporate practices and neglect of stakeholders' interests. As a result, the code seeks to rebuild confidence and trust in these large private companies.
Read more'Green Finance' enters the mainstream
With the UK's recent commitment to cut emissions to net zero by 2050, the financial sector is looking to 'green finance' to encourage investment in sustainable and environmentally-friendly businesses. Recent examples, like Nokia's €1.5 billion credit facility announced last week, show that environmental impact is becoming a key consideration for lenders and borrowers.
Read moreNational Security and Investment – the EU's response
National security concerns regarding Huawei continue to make headlines around the world, against the backdrop of an ongoing US / Chinese trade war. This blog looks at new EU rules on foreign investments which raise security or public order concerns.
Read moreStamp duty land tax (SDLT) avoidance and corporate property deals – the importance of timing!
The First-Tier Tribunal has, in a recent decision, caused something of a stir for clients and advisors familiar with the well-trodden (and, usually, tax-efficient) use of offshore unit trusts to hold UK property.
Read moreMore than you bargained for: the implied duty of good faith
The recent High Court decision in Bates v. Post Office (No. 3) confirms a general principle that if a contract is a "relational" contract then it will include an implied obligation of good faith. Previously, there had been doubt whether such a general principle exists, as historically this was not an approach recognised by the English courts.
Read moreDerivative transactions – the obligation to report
As the recent £34.9m fine for Goldman Sachs shows, the FCA takes the obligation to report derivative transactions seriously. How does this affect parties who trade infrequently, and what changes to the reporting requirement can we expect post-Brexit?
Read morePart Three: Five practical implications of side letters and most favoured nations clauses for fund investors and managers
In this third and final part of our series on side letters and most favoured nation (MFN) clauses in private equity funds, we examine five practical implications for investors and managers.
Read morePart Two: Side letters and fundraising
In this second of a three part series, we look more closely at side letters and most favoured nation (MFN) clauses in the private equity space.
Read morePart One: Overview of side letters & MFNs when investing in private equity funds
In the first of a three part series we consider the importance of side letters and most favoured nations (MFN) clauses in private equity funds.
Read moreUK retail sector M&A deals increase to 34 – up 21% on last year
• M&A targeting fashion retailers particularly active
Read moreChanging retail landscape leads to decline in employee numbers
The retail sector continues to face change and challenge from every conceivable angle and employment within the sector is following this trend.
Read moreAll is not (necessarily) lost: Crypto crime recovery
With over 2 million people in the UK now holding and using cryptocurrency, and the Chancellor announcing that a government backed non-fungible token ("NFT") is to be issued by the Royal Mint this summer, the market for crypto-assets is expected to continue to grow in the coming months and years; so much so that legislation is planned to implement a new regulatory regime for the crypto market.
Read moreGinfringement: Success for M&S in the Court of Appeal in registered design spat with Aldi
M&S and Aldi's gin bottle battle over design rights has reached a conclusion (for now) as the Court of Appeal has unanimously upheld the IPEC's decision that Aldi's bottle infringed M&S' design.
Read moreClear as gin: M&S and Aldi take liquor bottle battle to the Court of Appeal
Intellectual property enthusiasts' favourite supermarket adversaries were back at loggerheads this week as M&S and Aldi appear before the Court of Appeal. The pair sought to thrash out a first instance decision handed down in the Intellectual Property Enterprise Court (IPEC) regarding alleged infringement of M&S' registered design rights in a gin bottle.
Read moreM&S v Aldi – lookalike claims lit up by design rights
As lookalike products rise in prominence, the Intellectual Property Enterprise Court's (IPEC) recent ruling that the sale and advertisement of Aldi's 'Infusionist' range of favoured gins infringed M&S's UK registered designs protecting the light-up bottles containing its 'Snow Globe' gin range (Marks and Spencer PLC v Aldi Stores Limited [2023] EWHC 178) highlights the utility of registered design rights in circumstances where other intellectual property rights (IPR) are often less able to provide protection.
Read moreLookalikes and passing off—bottle design get-up claim (Au Vodka)
Currently there's significant activity in the lookalikes space. The Au Vodka claim (Au Vodka v NE10 Vodka [2022] EWHC 2371), which focuses on bottle design 'get-up', arrived in the courts for an interim injunction hearing in September 2022. Au Vodka's application was dismissed. The judgment shows that passing off—get-up claims based on shape can be challenging to bring, particularly at the interim stage, and prompts the question of whether it's possible to bring Cofemel and copyright into the lookalikes arena.
Read moreWeighty issues for diet app developers
2022 is set to be the year of the diet app. The distinction between what is a mere lifestyle app and what should in fact be a regulated medical product or service can be difficult to assess.
Read moreWilliam Grant & Sons v Lidl: where to be-gin?
On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.
Read moreStay on top of Intellectual Property
Whether you’re just starting out or launching a new product, there are a wealth of intellectual property issues to consider in the world of distilling. Here, Ciara Cullen, Ben Mark and Sarah Mountain outline those do’s and don’ts, the changing landscape and how to thrive in 2021 and beyond.
Read moreSnapshots Summer 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Spring 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreLeading media litigator Lindsay Warwick joins RPC as Partner
International law firm RPC announced today that Lindsay Warwick, a leading media litigator, joins as Partner. An already powerful bench of over ten media litigators, the appointment cements the firm's reputation as having the UK's leading media defence practice.
Read moreOfcom's 'Roadmap to Regulation' underway with its consultation on illegal harms duties under the Online Safety Act
In November, Ofcom, as new online safety regulator, published the first of four major consultations under the Online Safety Act ("OSA"), which sets out its proposals for how "user-to-user" ("U2U") services (essentially any online website or app that allows users to interact with each other) and online search services (i.e. Google, Bing and similar) should approach their illegal content duties under the new legislation. The consultation provides guidance in a number of areas including governance, content moderation, reporting and complaints mechanisms, terms of service, supporting child users, and user empowerment.
Read moreSnapshots Winter 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Autumn 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreThe Online Safety Bill is set to become law
The Online Safety Bill will shortly become law in the UK as soon as it receives Royal Assent. The legislation will introduce a new regulatory regime for online platforms and search engines which target the UK, imposing wide-ranging obligations on in-scope services with serious consequences for non-compliance.
Read moreSnapshots Summer 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Spring 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Winter 2022
A roundup of key legal developments for the modern commercial lawyer.
Read moreTechnology in Insurance
On 16 June 2022 RPC hosted an afternoon of talks and panel sessions on the theme of 'Technology in Insurance', the culmination of the firm's TechWeek which brings market experts and lawyers together to discuss risks and opportunities with new technologies within different business sectors.
Read moreA guide to buying and selling English residential property
With the advent of COVID-19, Brexit and global market volatility, the mature, fast-moving English real estate sector faces unprecedented challenges. However history has shown the English residential property market to be particularly resilient and many consider this a time of unique opportunity.
Read moreSports Ticker #112: Leicester City's PSR appeal, Paralympics success and Women's Rugby World Cup 2025 coverage – a speed read of commercial updates from the sports world
Edition 112 12 September 2024 In a fortnight which saw ParalympicsGB claim second place at the Paris Paralympics 2024, the Scottish government strongly encouraged to back the Glasgow 2026 Commonwealth Games, and the French Rugby Federation agree a new supplier partnership with Adidas, we bring you updates on AI-powered translation of sports commentary, Women's Rugby World Cup 2025 on the BBC, and Leicester City's successful appeal of its PSR charge.
Read moreSports Ticker #111: New era for women's football, NFT football trading cards and Twickenham's naming rights deal – a speed read of commercial updates from the sports world
In a fortnight which saw the Paris 2024 Summer Olympics come to a close, Andy Murray's retirement from tennis and British Basketball's Manchester franchise acquired by a US-based investment group, we bring you updates on the "New Era" for women's football, the NFL and Sony's new partnership, and Twickenham's new naming rights deal.
Read moreSports Ticker #110: Special Edition - 2024 Summer of Sport - a speed read of commercial updates from the sports world
In a fortnight which has seen Euro 2024 final heartbreak for England's men and a spectacular (but wet) opening ceremony at Paris 2024, we bring you a very special edition of the Sports Ticker: the 2024 Summer of Sport! Read on for a Ticker roundup of the biggest events this summer: Euro 2024 and the Paris 2024 Summer Olympics.
Read moreSports Ticker 109: Wimbledon esports, Euro 2024 sustainability and renaming Old Trafford – a speed read of commercial updates from the sports world
In a fortnight which saw Southgate step down as England manager after the Euro 2024 final defeat to Spain, Alcaraz and Krejcikova win the Wimbledon's singles tournaments, and Tadej Pogačar lead the Tour de France, we bring you updates on a new Wimbledon esports tournament, Old Trafford naming rights and UEFA's sustainability goals.
Read moreSports Ticker #108: football governance, F1 in Asia and AI marketplaces
In a fortnight which saw Real Madrid lift the Champions League Cup once more, a new "Ultimate Championship" athletics event announced and Charles Leclerc win on home soil for the first time in the Monaco Grand Prix, we bring you updates on the now-halted Football Governance Bill, potential Formula 1 expansion into Southeast Asia and record-breaking interest in women's sports.
Read moreSports Ticker #107: football sustainability, AI team selection and new F1 tech – a speed read of commercial updates from the sports world
In a fortnight which saw Manchester City bag its fourth consecutive Premier League victory, Brazil announced as the host of the 2027 Women's World Cup and Will Smith purchase his own electric powerboat team, we bring you updates on sustainability in football, AI in cricket, and bees in baseball.
Read moreSports Ticker #106: Liverpool's Adidas kit, a new athletics venture and the London Marathon – a speed read of commercial updates from the sports world
In a fortnight which saw women's Rugby League launch its world-first player-run TikTok account, Ferrari's F1 partnership with HP, and Apple reportedly on the verge of a global broadcast deal for FIFA World Cup, we bring you updates on a new athletics joint venture, Wrexham AFC, and the disqualification of all three medallists in the Beijing half marathon.
Read moreSports Ticker #105: WIPO's esports partnership, MotoGP takeover and Brighton's record profits – a speed read of commercial updates from the sports world
In a fortnight which saw the UK Football Governance Bill introduced to Parliament, TNT Sports and Discovery+ win rights to show the 2024 Autumn Nations Series and rumours of "multiple proposals" to host the 2026 Commonwealth Games, we bring you updates on a collaboration between WIPO and the Esports Integrity Commission, MotoGP's takeover and JPMorgan's formation of a specialist sports investment group.
Read moreSports Ticker #104: European sponsorship record growth, Germany's Adidas to Nike swap and Formula E shifts gears – a speed read of commercial updates from the sports world
In a fortnight which saw Pete Distad named as CEO of the new Disney-Fox-Warner Bros sports streaming venture, Nottingham Forest losing four points for breaching Premier League profit and sustainability rules, and the announcement of a new fan engagement app for Swedish esports organisation Ninjas in Pyjamas, we bring you updates on German football's Adidas-Nike kit supplier swap, steps forward on the new structure for women's cricket and a bizarre bee blitz on Carlos Alcaraz.
Read moreSports Ticker #103: Paralympics' media reach, Super League trade mark, and Red Bull Padel – a speed read of commercial updates from the sports world
In a fortnight which saw Wimbledon recognised as having the highest ad engagement for women's sports events in 2023, the FIA President investigated for alleged race interference, and world No 1 Novak Djokovic knocked out of the Indian Wells tournament by world No 123 "lucky loser", we bring you updates on media deals for the 2024 Paris Paralympic Games, attempts to register an EU trade mark for "The Super League", and the partnership between F1 and Tommy Hilfiger.
Read moreSports Ticker #102: Giant joint streaming venture, UEFA's environmental efforts and Casemiro's move to Adidas – a speed read of commercial updates from the sports world
In a fortnight which saw the Super Bowl LVIII become the most-watched American TV event since the moon landing, Sir Jim Ratcliffe complete his £1.3bn Manchester United deal, and Emirates announce a multi-year partnership deal with Wimbledon, we bring you updates on UEFA's greenest tournament yet, Casemiro parting ways with Nike, and the upcoming launch of a new sports streaming platform.
Read moreSports Ticker #101: AB InBev's Olympic Gold, UEFA's commercial rights, and Snooker in Saudi Arabia – a speed read of commercial updates from the sports world
In a fortnight which saw F1 owner Liberty Media named the "World's Most Valuable Sports Empire 2024", the 2023 Rugby World Cup confirmed as the most-watched rugby event of all time, and the shock announcement of Lewis Hamilton's move to Ferrari, we bring you updates on AB InBev's Olympic partnership, UEFA's tender process for global commercial rights, and British Cycling's uphill struggle.
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