June 2010

 

 
Speechly Bircham

Introduction

Following the election, both businesses and individuals have held their breath to see whether this change foreshadows an increase or decrease in legislation and/or regulation. So far, the much publicised scrapping of the ContactPoint database and the significant reduction in departmental budgets suggests the latter.

Irrespective of how the legislative and regulatory framework evolves, we expect the overarching trend to shift responsibility from the State to the individual, as the new Government seeks to stimulate growth in the post-recession economy by fostering an economic climate conducive to innovation, as well as strengthening consumer trust in financial institutions.

In the Courts, the social and economic environment is bound to influence the interpretation of the concepts of fairness and self-determination. We predict that future reported cases will illustrate a growing reluctance on the Court's behalf to interfere with contractual relations, and perhaps a re-balancing of the parties' obligations where the wording of the contractual documentation in question has been less than precise.

 

Kind regards

 

Alexander Carter-Silk

Partner and Head of IP, Technology & Commercial

 

IPTC events

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SOX whistleblower hotlines and EU Data Protection laws


Thursday 8 July 2010,
4.30pm - 5.30pm (BST)
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Information Law Update


Thursday 22 July 2010,
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Competition law articles

 

Wham, DRAM, thank you, ma'am - €331 million for memory-makers' cartel
In its first 'settlement' case, the European Commission imposed a €331 million on ten producers of Dynamic Random Access Memory (DRAM), a computer component which is sold to major PC or server original equipment manufacturers (OEMs). DRAMs are a common model for "dynamic" semiconductor memories for personal computers (PCs), servers and workstations...read more

 

 

Data Protection articles

 

The conflict between US e-discovery and EU data protection
Despite ongoing discussions between the US and the EU there is a continuing tension between the disclosure obligations under US litigation or regulatory rules and the application of the data protection regime in the EU...read more

 

How do you protect your personal data in outsourcing transactions?
Data protection compliance in outsourcing transactions is an increasingly complex issue, especially with the new issues regarding Cloud computing systems. This article sets out some practical points to bear in mind for any outsourcing transactions based on traditional IT or Cloud computing systems...read more

 

 

Intellectual Property articles

 

Holey Soles' successful snap at Crocs Clog
The overwhelming success of the cult "Crocs clog" worked to the detriment of Crocs when they failed to file their Community Design Registration within 12 months of the first disclosure of their design...read more

Its all about the cookies: OFT releases its study on online behavioural advertising and pricing

The OFT's recently published study into the use of online behaviour by advertisers and businesses makes it clear that the burden of regulation will fall on industry...read more



Technology articles

 

Letters of intent – a cautionary tale
The case of RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co KG [2010] UKSC 14 illustrates that companies using letters of intent as a means of starting negotiations and permitting a supplier to undertake work while the parties negotiate the formal contract must remember to either extend or replace the letter of intent on expiry if the intention is for a supplier to continue work and no formal contract is in place...read more

 

Mansion House and the reform of the banking system – an update on the plans for "Living Wills" The Chancellor's Mansion House Speech on 16 June announced a number of reforms of the banking system, not least a review of the current tripartite system of regulation...read more



 

Speechly Bircham LLP is a limited liability partnership registered in England and Wales (registered number OC321620) and is regulated by the Solicitors Regulation Authority. A list of members' names is open to inspection at our registered office, 6 New Street Square, London EC4A 3LX

This information is correct to the best of our knowledge and belief at the time of going to press. It is, however, written as a general guide, so we recommend that specific professional advice is sought before any action is taken.

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