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HANOVER HOUSE, 14 HANOVER SQUARE, LONDON, W1S 1HP, ENGLAND
Tel:
Work 020 7667 5000
Fax:
Fax 020 7667 5100
DX:
44617 MAYFAIR
Email:
Web:
www.harbottle.com

Marian Derham

Tel:
Work 020 7667 5000
Email:
Web:
www.harbottle.com
Harbottle & Lewis LLP

Work Department

Employment.

Position

Marian Derham is a partner and is recognised as an employment law expert in The Legal 500. Marian has developed particular expertise acting for senior executives at the highest levels in sectors including banking, professional services, TV, film, theatre, telecoms, technology and publishing industries; and negotiating and advising on both exit strategies/termination packages and contractual arrangements. Marian provides day to day advice to HR departments and directors on strategic issues including redundancies and reorganisations, disciplinaries and grievances and board/director disputes and senior executive appointments. Having previously been a partner in the Corporate Group in the earlier part of her career at Harbottle & Lewis, Marian’s experience within the corporate environment means she is well placed to advise on the employment aspects of mergers and acquisitions, negotiating commercial contracts and advising company directors. Marian represents employers from a wide range of industries including television, film, theatre, fashion, retail, publishing, sport and charities sectors. Marian’s clients include Comic Relief, Core Media Group (owners of American Idol), Wolford London Limited, Ladies European Tour Limited, Nederlander Theatres, Raymond Gubbay Limited and Playful Productions Limited. Marian advises on all employment matters including: termination of employment, exit negotiations and appointments; performance management; bullying, harassment and discrimination, complex grievances and disciplinaries; constructive dismissal and breach of contract; maternity, paternity and flexible working requests; advising on company share sales and/or board restructures; sickness, absences and capability; service contracts, employment contracts, freelance contracts and consultancy agreements; restrictive covenants; outsourcing and insourcing and TUPE issues and Working Time Regulations and holiday pay.

Career

Qualified 1984 and joined Harbottle & Lewis the same year, originally as a company commercial lawyer, becoming partner in 1989. Marian co-founded the employment group as a standalone department in 2000.

Member

The Employment Lawyers Association.

Education

London School of Economics (1981 LLB Hons).

Leisure

Young family, travel, running.


London: Human resources

Employment: employers and senior executives

Within: Employment: employers and senior executives

Harbottle & Lewis LLP's 'responsive, flexible and unstuffy' department is led by the 'very bright and unconventionalHoward Hymanson, who is 'excellent at spotting and taking up novel points and has a great eye for the bigger picture'. Hymanson focuses on employment litigation and recently defended a client in unfair dismissal and age discrimination claims. Other key practitioners include Marian Derham and Yvonne Gallagher; Derham assisted a senior executive with her exit from Channel 4 and appointment to Apple TV and Gallagher advised Accession Healthcare on the exit of a founding member.

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Legal Developments by:
Harbottle & Lewis LLP

  • Account of profits v damages: when and why does it matter?

    Since 2007, Experience Hendrix LLC(Hendrix) and Times Newspapers Ltd (Times) have been litigating over the intellectual property rights (IPR) in a recording of a Jimi Hendrix concert that took place at the Royal Albert Hall in February 1969. In September 2006 Times distributed a free CD, or covermount, with each edition of The Sunday Times . A claim was issued against Times in March 2007 for infringement of copyright and performers’ rights under the Copyright, Designs and Patents Act 1988. In March 2008 the High Court held that Times had infringed the IPR in the recording and Hendrix elected to have an inquiry as to damages in respect of that infringement. The case has given rise to some complex issues as to the basis for the quantification of damages, and the inquiry is due to be heard next year, but the case is also a reminder of more general considerations in relation to remedies in IPR cases, and why the basis for quantification of those remedies can have far reaching consequences for a successful claimant.

    - Harbottle & Lewis LLP

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