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Issues to consider when drafting a settlement agreement—checklist (employer) The employer (and its advisers) should consider the following issues: Preparatory steps • Obtain from the employer: ◦ a copy of the departing employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options, etc held by the employee? Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below Status of negotiations • Will negotiations take place between the parties directly, or between their respective legal advisers? • How strong is the employer's negotiating position? How strong are the employee's claims or potential claims? In the case of dismissal, is there a fair reason and has the employer carried out a fair procedure? Is the employer in repudiatory breach? What is the employer prepared to offer initially, and is that...
Gathering evidence in a family provision claim—checklist This Checklist sets out the evidence which it may be necessary to obtain in a family provision case depending on the facts of the particular case. Claimant or defendant: • death certificate of the deceased • grant of probate or letters of administration of the deceased • current Will and codicils and Will file (if applicable) • former Will(s) • documentary evidence of deceased's reasons for the making the provision set out in the Will, eg letter(s) of wishes or instructions to make the Will • list of the deceased's assets and liabilities • marriage or civil partnership certificate • papers regarding divorce or separation • child maintenance orders • evidence of
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Direct marketing decision tree—email and other electronic mail marketing—data protection This decision tree provides a logical process for determining whether you can engage in email marketing and, if so, to whom. It is equally relevant to text and SMS marketing. There are separate decision trees in relation to postal and live telephone direct marketing—see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—live telephone calls—data protection. Electronic marketing presents the most complex regulatory challenge of all forms of marketing. You have to comply with the UK General Data Protection Regulation (UK GDPR) plus the Privacy and Electronic Communication Regulations 2003 (PECR 2003). PECR 2003 takes a different approach for different electronic marketing activities, depending on your target audience and the type of goods/services you are promoting. You also have to comply with the applicable requirements of the UK GDPR. For more guidance, see Practice Notes: • Direct marketing compliance—Electronic mail • How to handle personal data for direct marketing, and • Direct marketing—UK GDPR and PECR 2003 interplay...
Websites and the internet—issues to consider—flowchart This is a Flowchart showing how to address regulatory and contractual issues when building or operating a website. It addresses domain name and intellectual property issues, e-commerce, distance selling and similar regulations, online advertising rules and data privacy. The Flowchart then references relevant contracts to develop or host websites or legal terms to include within websites. Finally, it also covers how to address disputes relate to websites, such as cybersquatting and online defamation. Step 1—overview Step 2—intellectual property and brand considerations Domain names and brand protection Other intellectual property rights Transferring rights in websites Practice Note: Domain names—background, registration and dispute resolution Practice Note: Intellectual property rights considerations for websites Practice Note: Uniform Domain Name Dispute Resolution Policy (UDRP) process Practice Note: Copyright―protectable works Practice Note: Licensing intellectual property rightsAssigning intellectual property rights Practice Note: Nominet Dispute Resolution Service (DRS) Practice Note: Copyright in databases and database right Precedent: Online brand protection—training materials Practice Note: UK...
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US—trademark audits This Practice Note was originally written for Lexis Practice Advisor®, in the US. This Practice Note provides guidance on conducting a trademark audit. It discusses the benefits of a trademark audit and the key components of an audit, including reviewing or creating a docket (ie list) of a company’s trademark assets and drafting an audit report that discusses each item in the docket. A trademark audit may be conducted internally (eg by a company’s legal department or in-house counsel) or by outside counsel, depending on the scope of the audit. Ideally, a trademark audit should be performed at least once a year. It may also be requested by a third party in certain instances, such as in connection with a merger or acquisition. Benefits of a trademark audit A trademark audit provides a company with the information necessary to review and manage one of its most important and recognisable intellectual property assets, its trademark portfolio. Specifically, an audit can be used to: • re-evaluate the use of...
FCA regulation of claims management companies—essentials The Financial Conduct Authority (FCA) is the regulator of claims management companies (CMCs) established or serving customers in England, Wales and Scotland. At the same time, the Financial Ombudsman Service (FOS) has responsibility for resolving complaints about CMCs. This Practice Note provides information on the FCA’s regulation of CMCs, the FCA’s authorisation process and supervisory approach to CMCs, and the parts of the FCA Handbook applicable to CMCs. It also provides historical information on the transfer of the regulation of CMCs from the Claims Management Regulation Unit within the Ministry of Justice to the FCA in April 2019. Claims management regulated activities and the scope of regulation Claims management relating to six different sectors of claims (broadly, financial services and products; personal injury; housing disrepair; specified benefit; criminal injury; and employment) are the subject of separate regulatory permissions. There are seven permissions in total: • one permission for seeking out, referrals and identification of claims or potential claims, irrespective of the CMC sector, and...
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Online brand protection—training materials These training materials are template PowerPoint slides which show how businesses can protect their online brands. They include guidance upon protecting trade marks and domain names. It is intended that these slides will be used as a starting point for someone who needs to train others on brand protection. These slides can be amended as necessary to suit individual requirements, but will help the speaker by speeding up preparation times. The training materials are customisable. Click the link below to download the presentation. Contents • Terminology • The internet and key brand risks • Deciding on new branding • Managing an existing brand • Trade mark infringement and passing off actions: — Trade mark infringement — Passing off — Domain names — Keyword advertising — Objecting to other trade marks • Advertising practices • Defamation • Responding to a brand management crisis • Conclusion Purpose of slides/seminar The slides are intended for a general rather than specialist audience. It is anticipated...
Draft memo for client about disclosure and privilege This precedent draft memo should be read (and potentially be sent) with the relevant precedent draft letter to your client about disclosure: • Draft letter to client about disclosure—small claims track • Draft letter to client about disclosure Confidential and privileged [insert date] [insert addressees: [insert addressees: senior managers/relevant employees and former employees/IT managers]] [[insert case heading] OR [description of the case if pre-action]] [[We] OR [the company]] may face a legal dispute concerning [insert matter/transaction subject of dispute]. If the dispute is not resolved, it is likely that we will be obliged to disclose relevant documents, including electronic records, that are or have been in [[our] OR [the company’s]] control, whether they are helpful to our case or not. However, certain relevant documents are protected from being inspected (that is to say, actually seen) by [our opponent OR name of opponent]. These include documents that are ‘privileged’, such as certain confidential communications between [[us] OR [the...
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Does the GDPR prevent law firms or other professional services providers from charging clients for storing or retrieving their files? Law firms—sector specific guidance Please see Q&A: Can I charge a client for retrieving and or returning their file? This is based on Law Society guidance that clearly anticipates firms can charge clients for file storage and retrieval. We have, therefore, retained the section in Precedent: Terms of business for law firms, that states: ‘If we retrieve your file from storage [(including electronic storage)] in relation to continuing or new instructions to act for you, we will not normally charge for the retrieval. If we retrieve your file from storage for another reason, we may charge you for: • time spent retrieving the file and producing it to you • reading, correspondence, or other work necessary to comply with your instructions in relation to the retrieved file; and/or • providing additional copies of any documents [We will provide you with an electronic copy of the file unless it is...
Is there insurance that executors can take out to protect themselves from any future personal liability on making final distributions? A particular problem for can arise for personal representatives (PRs) where they are aware that there is a beneficiary or indeed a creditor that needs to be paid from the estate but that beneficiary or creditor cannot be located. One way in which executors can deal with this is to obtain insurance cover against the risk of the missing beneficiary or creditor subsequently appearing and making a claim. Where the risk is not great (small sum/claim remote), this may be a cheaper solution than applying for a Benjamin Order. The major distinction between a missing beneficiary indemnity policy and the Benjamin Order is that the former protects the overpaid beneficiary by providing additional funds to pay out the missing beneficiary, while a Benjamin Order would not exonerate the overpaid
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Law360: A teaching assistant has lost his religious discrimination claim against a school that fired him for openly sharing his opposition to same-sex marriage and abortion, with a tribunal ruling that the institution had to protect its reputation.
This week's edition of Public Law weekly highlights includes: includes coverage of the new National Procurement Policy Statement and the reissue of Procurement Policy Notes ahead of PA 2023 coming into effect on 24 February 2025 plus expert analysis of the decision in Airwave v Secretary of State, where the court considered permission for late re-amendments to a statement of case in an emergency network contract dispute. Other cases covered include Working on Wellbeing Ltd Trading as Optima Health v SSWP, where the Court of Appeal found the DWP failed to exercise discretion by not seeking clarification of obvious errors in Optima’s tender, leading to wrongful exclusion from competition; and Higgs v Farmor's School, where the Court of Appeal ruled that the dismissal of Mrs Higgs was unlawful due to religious discrimination. The highlights further includes Brexit highlights, Brexit SIs and updates on constitutional and administrative law, equality and human rights, subsidy control and state aid and other Public Law news.
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