ArticleThe Draft VABEO Is Finally Published – The New Competition Law Regime For Supply Chain AgreementsThe Draft VABEO sets out the application of UK competition law to vertical Agreements.United KingdomAntitrust/Competition LawBird & Bird
ArticleCase 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 HRBird & Bird
ArticleCase 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 HRBird & Bird
ArticleCollective Consulation - 'Special Circumstances' and Mitigating FactorsIn "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 HRBird & Bird
ArticleDirectors' Duties - Ex-Directors Owe Fiduciary DutiesThe 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 HRBird & Bird
ArticleTUPE - Duty to Inform and ConsultIn 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 HRBird & Bird
ArticleUnfair Dismissal - Fair Dismissal May Still be Breach of ContractIn 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 HRBird & 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 HRBird & Bird
ArticleWhen The Gloves Come Off: Member Of Chain Of Independent Clothes Stores To Be Fined Directly By The Danish Competition Authority Under New PowersThe 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 LawBird & Bird
ArticleWhat 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, EntertainmentBird & Bird
ArticleBird 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 KingdomTransport1 Chancery Lane
ArticleThe UK's New Subsidy Control RegimeFollowing the UK's EU exit, the UK government committed to introducing new rules for authorities that award subsidies to businesses.United KingdomAntitrust/Competition LawBird & Bird
ArticleDiscriminatory Reference - Both Giver and Recipient of Reference LiableIn "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 HRBird & Bird
ArticleIncidental 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 StatesEnvironmentFoley Hoag LLP
ArticleThe Migratory Bird Treaty Act No Longer Criminalizes Incidental TakesLast 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 StatesEnvironmentFoley Hoag LLP
ArticleRussian Parliament Moving To Advance Commencement Date On Data Protection And Information LegislationIn 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 StatesPrivacySheppard
ArticleMaybe 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 BatDTSC has released the rulemaking for its second selected "priority product" which is spray polyurethane foam systems with unreacted methylene diphenyl diicyanates. United StatesConsumer ProtectionAlston & Bird
VideoHealthy 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
ArticleCommon 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 LawAlston & Bird LLP
VideoWhat 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 SciencesAlston & Bird