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Perspective - Publication

Restructuring and Insolvency roundup January 2018

Published on 05 Jan 2018.

In this roundup, we look at crowdfunding, a sector which continues to be of interest to practitioners giving the changing regulatory landscape and the risk to investors. Other cases we look at include cover privilege in bankruptcy, the adequacy of ATE policies, and the requirement for boards to be quorate when directors appoint administrators.

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Perspective - Publication

Restructuring and insolvency roundup, July 2017

Published on 18 Jul 2017.

In this roundup, we consider four recent cases with implications for practitioners in the restructuring and insolvency sector.

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Perspective - Publication

“Gagging orders”: an office holder’s secret weapon

Published on 13 Mar 2017.

Practitioners are fully aware of the extensive powers available under ss 235 and 236 of the Insolvency Act 1986 (IA 1986) allowing administrators and liquidators as office holders (OHs) to require individuals and organisations to disgorge information.

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Perspective - Publication

Make insolvency great again

Published on 08 Feb 2017.

One of the great criticisms of the new President of the United States of America is that his companies filed for bankruptcy four times when he was a business mogul.

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Perspective - Publication

Restructuring and insolvency

Published on 18 Dec 2015.

An update on recent changes

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Perspective - Publication

Legislative changes in effect today: what IPs need to know

Published on 26 May 2015.

Previously under section 165 IA 86, liquidators in a voluntary winding up would have to seek sanction of the company (in members’ voluntary liquidation) or of the court or liquidation committee (in creditors’ voluntary liquidation) in order to exercise their powers to pay debts, compromise claims etc.

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Perspective - Snapshot

New Development: National Cyber Security Centre warns AI is likely to heighten global ransomware threat

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

The National Cyber Security Centre (NCSC), part of GCQH, has published a report on the “near-term impact of AI on the cyber threat” over the next two years, which concludes that: (i) AI is already being used in cyber activity in a malicious way; and (ii) the volume of cyber attacks and the global ransomware threat are likely to be heightened over the next two years.

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Perspective - Snapshot

UK Supreme Court rejects AI as “inventor” under the Patents Act

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What is the scope and meaning of “inventor” in the UK’s patent framework, and will it accept an AI machine as being the sole inventor?

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Perspective - Snapshot

Court of Appeal holds Samsung liable for trade mark infringement by third-party apps

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Can online platforms be liable for trademark infringement by third-party apps?

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Perspective - Snapshot

The new EU Digital Operational Resilience Act (DORA)

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What can financial services entities and ICT providers expect from DORA and what do they need to do prepare for it?

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Perspective - Snapshot

What the AI is going on… December 2023 to March 2024

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Google launched its newest GenAI, Gemini Nano. Designed specifically for mobile phones it presents new competition to market leaders OpenAI. Gemini Nano will allow AI apps that operate offline as opposed to only on servers and provide improved privacy for users.

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Perspective - Snapshot

UK Government publishes response to AI White Paper consultation

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What approach has the UK Government’s adopted in its response to the consultation on the AI regulation White Paper (the White Paper)?

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Perspective - Blog

Virtual billboards: the future of immersive advertising?

Published on 15 Jan 2024. By Oliver Bray, Senior Partner and Elizabeth Alibhai, Partner and Nick Lauw, Partner

With the deployment of immersive technologies poised to become the norm, the implementation of infrastructure for "virtual billboards", and the "property digital rights" which they demand, is demonstrating a lucrative gap in the market and huge growth potential.

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Perspective - Snapshot

Ethics in the age of AI: new Institute of Directors checklist

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are the key considerations for boards regarding the ethical use of AI within their companies based on the Institute of Directors’ (IoD) Checklist for Boards (Checklist)?

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Perspective - Snapshot

Government White Paper sets out UK approach to AI regulation

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How is the UK Government looking to regulate AI?

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Perspective - Snapshot

Digital Markets, Competition and Consumers Bill opens door for stricter regulation of news platforms

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How might the proposed Digital Markets, Competition and Consumers Bill (the Bill) affect news reporting by digital platforms?

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Perspective - Blog

UK Government wants understanding of video games to move to the next level

Published on 12 Jun 2023. By Gowri Chandrashekar, Senior Associate and Zoe Harvey, Associate

On 30 May 2023, the UK Government published a Video Games Research Framework which encourages research on video games and emerging game-related technologies.

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Perspective - Snapshot

DCMS publishes new Code of Practice for app developers and app store operators

Published on 31 Mar 2023. By Oliver Bray, Senior Partner

What do app developers and app store operators need to do to comply with the new Code of Practice published by the Department for Digital, Culture, Media and Sport (DCMS)?

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Perspective - Snapshot

New Metaverse regulation proposal to be discussed by EU Commission

Published on 31 Mar 2023. By Oliver Bray, Senior Partner

How does the European Commission (EC) intend to regulate the Metaverse?

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Perspective - Snapshot

Online Safety Bill: Latest amendments increase focus on children safety

Published on 31 Mar 2023. By Oliver Bray, Senior Partner

What is the focus of the latest round of amendments proposed to the Online Safety Bill and how will these impact online platforms?

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Perspective - Blog

AI technology projects – the regulatory landscape

Published on 24 Feb 2023. By Helen Armstrong, Partner and Ricky Cella, Senior Associate and Joshy Thomas, Knowledge Lawyer

Parties engaged in AI technology projects should be mindful of the regulatory landscape, and the changes taking place within it. A failure to do so could result in an AI solution that is not compliant from a regulatory perspective, the use of which potentially creates risk for the technology provider and user.

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Perspective - Blog

New Digital Regulators on the 2023 Horizon: the Digital Markets Unit and the European Centre for Algorithmic Transparency

Published on 02 Dec 2022. By David Cran, Partner, Head of IP & Tech and Chris Ross, Partner and Leonia Chesterfield, Of Counsel

For a number of years, the UK Government has been laying the groundwork to bring in a digital markets regime to regulate digital firms designated as having ‘strategic market status’ (SMS). To be designated as having SMS, a firm must have 'substantial and entrenched market power' in at least one activity. Companies having SMS are likely to include the largest tech firms such as Amazon, Apple, Google, Microsoft and Meta (the so called 'GAMMA' firms).

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Perspective - Blog

Digital services providers—Commission to focus on implementation phase of EU consumer protection legislation

Published on 31 Oct 2022. By David Cran, Partner, Head of IP & Tech and Leonia Chesterfield, Of Counsel and Ellie Chakarto, Associate

The Digital Services Act (DSA) and the Digital Markets Act (DMA) are published in the Official Journal and the plenary vote of the European Parliament on the proposed text of the AI Act is expected once amendments are agreed by negotiators. The Commission is now turning its focus to the implementation phase of these landmark regimes. So, what does the future hold for the European tech sector and how might it differ for the UK?

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Perspective - Blog

The EU Digital Markets Act - a focus on gatekeeper obligations and sanctions

Published on 12 Oct 2022. By David Cran, Partner, Head of IP & Tech and Leonia Chesterfield, Of Counsel and Joshy Thomas, Knowledge Lawyer

What key obligations will the Digital Markets Act (DMA) impose on online platforms designated as gatekeepers?

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Perspective - Blog

Parliamentary 'wash up' – which Bills made it through?

Published on 31 May 2024. By Paul Joukador, Partner and Praveeta Thayalan, Knowledge Lawyer and Shahil Goodka, Trainee Solicitor

On 22 May 2024, Prime Minister Rishi Sunak announced that a General Election will take place on 4 July 2024. Parliament was then prorogued on 24 May 2024 which allowed a mere 2 days for 'wash up' - the process by which outstanding bills may be rushed through the parliamentary process.

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Perspective - Blog

Consumer friendly compliance – guidance for retailers and consumer brands on the DMCC Bill

Published on 15 May 2024. By Eve Matthews, Associate

Following receipt of some 372 responses to the "Smarter Regulation: Improving consumer price transparency and product information for consumers" Consultation, the government has published its response in which it proposes significant amends to the Price Marking Order alongside new additions to the DMCC Bill.

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Perspective - Blog

Higher stakes cybercrime – prepare now

Published on 08 May 2024. By Elizabeth Zang, Associate and Richard Breavington, Partner

Cybercrime continues to increase and shows no signs of stopping.

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Perspective - Blog

Food and beverage 2050: The transition to net zero

Published on 02 May 2024. By Karen Hendy, Partner, Head of Corporate and Rosamund Akayan, Knowledge Lawyer

Following publication in October 2023 of its final Disclosure Framework for private sector entities to transition to a net zero economy, the TPT published draft Food & Beverage Sector Guidance in November 2023.

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Perspective - Blog

Virtual advertising: a glimpse into the future

Published on 30 Apr 2024. By Elizabeth Alibhai, Partner and Lola Akinloye, Associate

Virtual advertising and experiences are transforming the way real world property can be used by turning it into a canvas for digital content.

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Perspective - Blog

The rise of recommerce

Published on 25 Apr 2024. By Ciara Cullen, Partner and Emma Dunnill, Senior Associate

Recommerce (which includes reselling, renting, refilling, repairing or reusing goods) is already an extremely valuable business model, estimated by Barclays to be worth almost £7bn in the UK alone and expected by Visa to increase to £82bn by 2030. This growth – particularly in respect of resale – is widely regarded as being driven by Gen Z consumers, over two thirds of whom now prefer to buy second-hand over new goods, in part, due to sustainability concerns.

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Perspective - Snapshot

Online Fraud Charter agreed by largest tech companies

Published on 17 Apr 2024. By Oliver Bray, Senior Partner

What are the obligations for tech companies that have signed up to the UK’s Online Fraud Charter (the Charter)?

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Perspective - Snapshot

Collective actions under consumer law: proposed amendments to the Digital Markets, Competition and Consumers Bill

Published on 17 Apr 2024. By Oliver Bray, Senior Partner

Are class actions under consumer protection law likely following the UK’s new DMCC Bill, and if so, what will the impact on businesses be?

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Perspective - Snapshot

The DMCC Bill: New laws set to ban fake reviews and drip pricing from online shopping

Published on 17 Apr 2024. By Oliver Bray, Senior Partner

What new laws is the UK Government planning to introduce to tackle fake reviews and unfair fees when it comes to online shopping?

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Perspective - Publication

Retail Compass Spring 2024

Published on 15 Apr 2024. By Jeremy Drew, Partner and Karen Hendy, Partner and Ciara Cullen, Partner

Welcome to the Spring edition of Retail Compass, where we guide you through key upcoming legal and policy changes affecting retailers and consumer brands and provide our thoughts on those crucial, need-to-know issues.

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Perspective - Blog

Green claims: key takeaways from the CMA's first investigation

Published on 04 Apr 2024. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate and Lewis Manning, Associate

After much anticipation, the Competition and Markets Authority (CMA) has finally published the results of its investigation into green claims made by ASOS, Boohoo and George at Asda. All three retailers have signed undertakings committing to change the way they promote their green credentials and to set up robust internal processes to ensure future green claims are not misleading.

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Perspective - Publication

What if the CEO asks me about… the options available for a company facing financial difficulties?

Published on 26 Mar 2024. By Paul Bagon, Partner and Will Beck, Of Counsel and Knowledge Lawyer

The latest government insolvency statistics highlight that the downturn in the UK economy is still taking a significant toll and the number of UK corporate insolvencies in February 2024 remains high (and 17% higher compared to February 2023).

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Perspective - Blog

Progress on sustainability in fashion: the move to circularity

Published on 27 Feb 2024. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate

According to the WRAP report, it is estimated that the fashion and textiles sector accounts for up to 8% of global greenhouse gas emissions and uses 93 billion cubic meters of water each year.

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Perspective - Blog

12 top tips for using AI in retail and consumer businesses

Published on 18 Dec 2023. By Praveeta Thayalan, Knowledge Lawyer

Last year, we set out our top ten tips for retailers entering the metaverse. This year, AI is the hot topic in retail and pretty much everywhere else! AI is redefining the retail and consumer industry. It can improve consume engagement, aid decision-making, curate tailored promotions, improve efficiencies, and reduce costs. So what do retailers and consumer bran need to be mindful of when deploying AI?

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Perspective - Snapshot

Platforms with Irish HQs win EU case to follow Irish law

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

Do platforms have additional regulatory obligations in EU states, even if they don’t have a registered office there?

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Perspective - Snapshot

Ofcom issues draft guidance and launches consultation on the Online Safety Act 2023

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

What can platforms expect from Ofcom, as it steps into its new role regulating compliance with the Online Safety Act 2023 (the Act)?

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Perspective - Snapshot

European consumer group files greenwashing complaint over water bottle recyclability

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

Will a consumer group complaint about recyclability and the use of green imagery on water bottle packaging be successful in proving a breach of EU regulations against greenwashing? And what will this mean for wider industry using recyclable or recycled packaging?

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Perspective - Snapshot

Last chance saloon: EU consumers only have one opportunity to withdraw from auto-renewing subscription contracts

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

When do EU consumers have a right to withdraw from subscription contracts? And how will this differ to the UK’s approach under the new Digital Markets, Competition and Consumers Bill (DMCC)?

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Perspective - Snapshot

New Development: European Parliament adopts draft report to address the addictiveness of digital platforms

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

Earlier this year, the European Parliament published a draft report (the Report) on the addictive design of online services and consumer protection.

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Perspective - Blog

What if the CEO asks me about… preparing for new sustainability reporting requirements?

Published on 07 Dec 2023. By Connor Cahalane, Partner, Head of Public Companies and Sophie Tuson, Senior Associate

There is an increasingly complex web of sustainability reporting requirements for companies across the world (either in force or in the pipeline). The ISSB standards seek to set a global baseline for sustainability reporting to ensure consistency and comparability of companies' disclosures. With UK implementation of the standards expected next year, retailers and consumer brands should take steps now to prepare. We outline the current plans for sustainability reporting under the ISSB standards in the UK and flag practical steps that businesses should take to prepare.

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Perspective - Publication

Arresting times: Significant changes to UK corporate criminal liability and corporate transparency

Published on 04 Dec 2023. By Karen Hendy, Partner, Head of Corporate and Sam Tate, Partner

The Economic Crime and Corporate Transparency Bill (the Bill) is set to overhaul the existing corporate criminal liability and corporate transparency regimes.

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Perspective - Publication

The EU Digital Markets Act: a levelling of the playing field?

Published on 15 Nov 2023. By Eleanor Harley , Senior Associate

The Digital Markets Act (the DMA) forms part of the EU’s Digital Services Act package, placing new obligations on “gatekeeper” platforms who offer core platform services to business and end-users established or located in the EU, irrespective of the gatekeepers’ place of establishment, residence, or any national laws applicable to their service.

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Perspective - Publication

Drip pricing, fake reviews and other digital dark arts

Published on 30 Oct 2023. By Amy Blackburn, Senior Associate and Helen Yost, Senior Associate and Jon Bartley, Partner

The Digital Markets, Competition and Consumers Bill (the Bill) is currently at Report Stage in its journey through Parliament. When it comes into force, we will see a significant enhancement of the UK’s consumer protection regime – with a particular focus on maximising transparency to consumers, to help them find better deals and avoid being ripped off.

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Perspective - Publication

"Recommended for you" - Data risks in AI-powered customer solutions

Published on 25 Oct 2023. By Amy Blackburn, Senior Associate and Helen Yost, Senior Associate and Jon Bartley, Partner

Retailers and consumer brands are increasingly using AI online and in stores. Examples of how the technology could be leveraged include generative AI like ChatGPT, the automation of supply chains or the detection of fraud. Data regulators in the UK and EU are starting to catch up to the use of these technologies and making their positions known.

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Perspective - Snapshot

UK Government u-turns on phasing out “CE” product safety marking

Published on 25 Oct 2023. By Oliver Bray, Senior Partner

What product safety marks can be used on products in the UK?

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