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  • Article

    The Draft VABEO Is Finally Published – The New Competition Law Regime For Supply Chain Agreements

    The Draft VABEO sets out the application of UK competition law to vertical Agreements.
    United KingdomAntitrust/Competition Law
    Bird & Bird
    Bird & Bird
  • Article

    Case Update: Should an Employer Positively Discriminate in Favour of a Pregnant Employee in a Potential Redundancy Situation?

    B was an associate solicitor employed in the Real Estate department at Eversheds (E), a firm of solicitors. In 2008 it was decided that redundancies needed to be made in the Real Estate group.
    United KingdomEmployment and HR
    Bird & Bird
    Bird & Bird
  • Article

    Case Update: The Fact That Claimants Had Put Up With Harassment Did Not Mean That It Was Not "Unwanted"

    The four claimant waitresses had between one and five years' service each. They alleged that for some years each had been subject to persistent unwanted sexual harassment by the manager of their restaurant.
    United KingdomEmployment and HR
    Bird & Bird
    Bird & Bird
  • Article

    Collective Consulation - 'Special Circumstances' and Mitigating Factors

    In "Shanahan Engineering v Unite" the EAT recently considered the level of protective award payable to 50 employees who had been made redundant with no prior consultation, in breach of s.188 Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).
    United KingdomEmployment and HR
    Bird & Bird
    Bird & Bird
  • Article

    Directors' Duties - Ex-Directors Owe Fiduciary Duties

    The fiduciary duties of a director, which require the director to avoid his or her own interests conflicting with those of the company, were recently codified in the Companies Act 2006 and now the High Court, in "Thermascan Ltd v Norman", has considered the extent of those duties.
    United KingdomEmployment and HR
    Bird & Bird
    Bird & Bird
  • Article

    TUPE - Duty to Inform and Consult

    In the case of Todd v Care Concern the EAT has given guidance to the parties to any TUPE transfer as to the extent of their statutory duty to inform and consult with affected employees.
    United KingdomEmployment and HR
    Bird & Bird
    Bird & Bird
  • Article

    Unfair Dismissal - Fair Dismissal May Still be Breach of Contract

    In the recent case of "Weston Recovery Services v Fisher the EAT" reminded us that many dismissals are unfair even where the employer is contractually entitled to dismiss. Conversely, some dismissals are not unfair even though the dismissal was in breach of contract.
    United KingdomEmployment and HR
    Bird & Bird
    Bird & Bird
  • Article

    'Without Prejudice' - When Can Settlement Negotiations Be Referred To In Tribunal?

    In "Woodward v Santander" the EAT considered the rules that apply to 'without prejudice' communications. The general rule is that any communication made 'without prejudice', that is to say in an effort to settle a claim, cannot be referred to in a court or tribunal.
    United KingdomEmployment and HR
    Bird & Bird
    Bird & Bird
  • Article

    When The Gloves Come Off: Member Of Chain Of Independent Clothes Stores To Be Fined Directly By The Danish Competition Authority Under New Powers

    The Danish Competition Council ("the DCC") has recently found that a voluntary chain in the textile industry, Boligtextilbranchens Indkøbsservice A.M.B.A. ("Botex"), infringed Article 6 of the...
    DenmarkAntitrust/Competition Law
    Bird & Bird
    Bird & Bird
  • Article

    What Exactly Is A Digital Service Provider In The Context Of NIS Directive? Could You Be A DSP And Not Know It?

    Bird & Bird's Simon Shooter and Esme Strathcole take a look at the definition of a Digital Service Provider in the context of NISD and ask how a business might understand if it qualifies as a DSP.
    United KingdomMedia, Telecoms, IT, Entertainment
    Bird & Bird
    Bird & Bird
  • Article

    Bird Strikes And Extraordinary Circumstances - Pešková v Travel Service (C-315/15)

    The phenomenon of bird strikes is one that has plagued the airline industry for many years. Indeed, an American study on animal peril from 2011shows that 99,441 collisions between a plane...
    United KingdomTransport
    1 Chancery Lane
    1 Chancery Lane
  • Article

    The UK's New Subsidy Control Regime

    Following the UK's EU exit, the UK government committed to introducing new rules for authorities that award subsidies to businesses.
    United KingdomAntitrust/Competition Law
    Bird & Bird
    Bird & Bird
  • Article

    Discriminatory Reference - Both Giver and Recipient of Reference Liable

    In "Bullimore v Pothecery Witham Weld", the EAT considered the case of a reference given by an ex-employer which unnecessarily mentioned the fact that the claimant had brought a sex discrimination claim against them.
    United KingdomEmployment and HR
    Bird & Bird
    Bird & Bird
  • Article

    Incidental Take Permits Under The Migratory Bird Treat Act — Why Is This So Difficult?

    Last week, the Fish and Wildlife Service issued a proposed rule that would revoke the rule promulgated by the Trump Administration in January 2021 and return to the prior status quo, in which the incidental take of birds subject to the Migratory Bird Treaty Act constituted a violation of the Act.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    The Migratory Bird Treaty Act No Longer Criminalizes Incidental Takes

    Last week, the Office of the Solicitor in the Department of the Interior issued a legal Opinion concluding that the Migratory Bird Treaty Act does not prohibit the incidental take of migratory birds.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Russian Parliament Moving To Advance Commencement Date On Data Protection And Information Legislation

    In July 2014, the Russian President signed data protection and information legislation that requires all "data operators" who are processing personal data of Russian citizens, including over the Internet, to do so from servers/databases within Russia.
    United StatesPrivacy
    Sheppard
    Sheppard
  • Article

    Maybe 2018 Will Be The Year We Finally See How The California Safer Consumer Product Regulations Will Work In Practice? Spray Polyurethane Foam May Be First Up At Bat

    DTSC has released the rulemaking for its second selected "priority product" which is spray polyurethane foam systems with unreacted methylene diphenyl diicyanates.
    United StatesConsumer Protection
    Alston & Bird
    Alston & Bird
  • Video

    Healthy Byte: Update On Congressional Telehealth Hearing (Video)

    Jane Lucas, Bob Siggins, and JP Paluskiewicz discuss the policy implications of telehealth expansion as we emerge from the pandemic.
    United StatesCoronavirus (COVID-19)
    Alston & Bird
    Alston & Bird
  • Article

    Common Cyber Threats And How To Reduce Risk (Video)

    Kim Peretti is joined by Cynthia Kaiser, Deputy Assistant Director of FBI Cyber Division and Bryan Vorndran, Assistant Director of FBI Cyber Division to discuss common cyber threats in 2024 and steps companies can do...
    United StatesCorporate/Commercial Law
    Alston & Bird LLP
    Alston & Bird LLP
  • Video

    What Is TEFCA And How Will It Advance Interoperability? (Video)

    The Office of the National Coordinator for Health Information Technology released the Trusted Exchange Framework and Common Agreement (TEFCA), a critical step in facilitating nationwide data exchange.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Alston & Bird
    Alston & Bird

Showing 161–180 of 2563 results

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