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Thinking - Snapshot

Uber hit with €290m fine for transferring European driver data to its US HQ

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What does the Uber fine signal for international data transfers and the consequences of failing to comply with the EU General Data Protection Regulation (EU GDPR)?

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Thinking - Snapshot

X suspends personal data training of AI chatbot Grok following Irish DPC pressure

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How are the data regulators addressing the use of personal data when training AI language models?

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Thinking - Snapshot

The UK's new AI Bill

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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Thinking - Snapshot

The UK's Digital Information and Smart Data Bill

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What can we expect from the new Digital Information and Smart Data Bill (the DISD Bill)?

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Thinking - Snapshot

Court infers novation despite 'no dealings' clause

Published on 17 Oct 2024.

Magee and others v Crocker and others [2024] EWHC 1723 (Ch)

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Thinking - Snapshot

Determining whether a default interest clause is an unenforceable penalty

Published on 17 Oct 2024.

Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721

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Thinking - Snapshot

Agent authority in contract variation

Published on 17 Oct 2024. By David Cran, Partner, Head of Disputes and Caroline Tuck, Partner

Advanced Multi-Technology for Medical Industry and others v Uniserve Ltd and others [2024] EWHC 1725 (Ch)

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Thinking - Snapshot

Contract construction – adjective at the start of a list found to qualify the entire list

Published on 17 Oct 2024.

Cantor Fitzgerald & Co v Yes Bank Ltd [2024] EWCA Civ 695

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Thinking - Snapshot

Urgently Misleading: the CMA secures undertakings from Wowcher and £4 million of customer refunds

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

When does a selling practice create a false sense of urgency that is considered misleading by the Competition and Markets Authority (CMA)?

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Thinking - Snapshot

Exemption from HFSS product restrictions for Ofcom-regulated internet protocol television (IPTV) services

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What is the UK Government's proposal for the incoming HFSS restrictions in relation to IPTV advertising?

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Thinking - Snapshot

CMA targets Simba for misleading online choice architecture

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What types of promotional tactics are in the Competition and Markets Authority's (CMA) line of sight when it comes to misleading online choice architecture?

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Thinking - Snapshot

CMA publishes draft guidance on enforcement of DMCCA consumer law

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How will the CMA look to enforce the consumer protection law sections of the recently enacted Digital Markets, Competition and Consumers Act 2024 (DMCCA)?

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Thinking - Blog

D'Aloia – High Noon for Crypto-Tracing

Published on 17 Oct 2024. By Dan Wyatt, Partner and Christopher Whitehouse, Of Counsel

The High Court judgment in D'Aloia v. Persons Unknown and others [2024] EWHC 2342 (Ch) is arguably the most significant crypto judgment of 2024. Critical deficiencies in the claimant's blockchain tracing analysis, evidence presented at trial and pleadings were ultimately fatal to his claims seeking to recover assets misappropriated by fraudsters.

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Thinking - Snapshot

Updated CAP guidance on when in-game purchases are considered 'advertising'

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

When and how does the CAP Code apply to the advertising of in-game purchases such as "loot boxes" in apps and video games?

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Thinking - Snapshot

ASA continues to scrutinise aviation green claims

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What can we learn from the Advertising Standards Authority's (ASA) recent rulings against green claims in the aviation industry?

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Thinking - Snapshot

ASA rules on impact of historic environmental performance on green claims

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How does the Advertising Standards Authority (ASA) say about poor historic environmental behaviour in respect of green claims?

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Thinking - Snapshot

IAB Europe's 12 guiding principles for the 2024-2029 EU legal agenda

Published on 17 Oct 2024.

What principles will guide IAB Europe in the upcoming EU legal agenda?

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Thinking - Snapshot

ASA rules that ad is not sufficient where influencers also have business interests

Published on 17 Oct 2024.

Why could Zoe and Huel not rely on a #ad disclosure in ads promoted by the famous entrepreneur, Steven Bartlett? And what does this mean for brands where the individual featured in their ads has a business interest in them?

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Thinking - Snapshot

Heating and insulation green claims under CMA review

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What is the Competition and Markets Authority's (CMA) new guidance on the marketing of heating and insulation products and how does this fit into the wider consumer protection picture?

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Thinking - Blog

Tribunal confirms that trading had commenced for the purposes of Entrepreneur's Relief

Published on 17 Oct 2024. By Liam McKay, Of Counsel

In allowing the taxpayer's appeal, the First-tier Tribunal determined that an LLP had commenced trading for the purposes of Entrepreneur's Relief.

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Thinking - Publication

Cyber_Bytes - Issue 68

Published on 15 Oct 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Rachel Ford, Partner and Ian Dinning, Senior Associate and Christopher Ashton, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate and Lauren Kerr, Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

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Thinking - Publication

PLC QTRLY - Q3 2024

Published on 15 Oct 2024. By Connor Cahalane, Partner - Corporate and James Channo, Partner and Karen Hendy, Partner, Head of Corporate & Commercial

This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Blog

(Blue)crest of a wave – case law on the need for a legal liability under a single firm redress scheme

Published on 14 Oct 2024. By David Allinson, Partner

In a decision that will cause consternation for FCA regulated entities and their insurers alike, the Court of Appeal (COA) has overturned the Upper Tribunal (UT's) decision in The Financial Conduct Authority v Bluecrest Capital Management (UK) LLP. The UT's decision had reinforced the need for a legal liability to be established before redress was payable under a single-firm redress scheme. The COA has comprehensively overturned the UT's ruling, casting the position into doubt. Given the increased need for firms to consider whether foreseeable harm has been suffered (and to look to rectify things if it has) following the introduction of the Consumer Duty, this could have far reaching consequences.

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Thinking - Publication

Take 10 - 14 October 2024

Published on 14 Oct 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

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Thinking - Publication

The Week That Was - 11 October 2024

Published on 11 Oct 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

Sports Ticker #114: Wimbledon expansion, Club World Cup 2025 and F1's LEGO partnership – a speed read of commercial updates from the sports world

Published on 10 Oct 2024. By Jeremy Drew, Partner and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Senior Associate and Simon Williams, Associate

In a fortnight which saw the WRU issue Wales Women’s rugby team with 37 full-time contracts and the announcement of the Green Sport Awards 2024 nominees, we bring you updates on Wimbledon's plans for expansion, Barclays' partnership with the WSL and Women's Championship, and the Global Esports Federation's commitment to the UN Sustainability Development Goals.

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Thinking - Blog

Tribunal confirms principal private residence relief available where development began before sale of land

Published on 10 Oct 2024. By Alexis Armitage, Senior Associate

In the recent Nunn case, the First-tier Tax Tribunal allowed the taxpayer's claim for principal private residence relief, where development on land began before its sale.

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Thinking - Blog

Litigation funder's ATE policy was not sufficient to avoid security for costs order

Published on 09 Oct 2024. By Lauren Butler, Associate and Matthew Watson, Partner

In Asertis v Lewis Barry Bloch [2024] EWHC 2393 (Ch), a litigation funder has been ordered to pay security for costs into court due to concerns it would not be able to meet an adverse costs order, and that its After-The-Event insurance policy would not meet such an order.

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Event

Retail Compass Live!

09 Oct 2024

ESG evolution: leading beyond compliance, reporting and risk mitigation

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Thinking - Podcast

The Work Couch: Black maternal experiences and supporting colleagues, with Shanice Holder, Tinuke Awe, Clo Rebecca Abe and Tonye Alagoa

Published on 09 Oct 2024.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

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Thinking - Blog

The 'Audit Reform and Corporate Governance Bill': Momentum for legislative reform continues, but what does the proposed legislation mean for management liability?

Published on 09 Oct 2024. By Mike Newham, Partner and Victoria Lawman, Trainee Solicitor and Aimee Talbot, Knowledge Lawyer

We consider what we know about the proposed Audit Reform and Corporate Governance Bill.

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Thinking - Blog

Architects' Code reforms – it's important that you have your say!

Published on 08 Oct 2024. By Alexandra Anderson, Partner and Emma Wherry, Of Counsel

The Architects Registration Board (ARB) is consulting on a proposed new code of professional conduct for architects. The proposed new Code is shorter and simpler, but may be more complex to apply and more onerous. Architects should consider responding to the consultation by the deadline of 12 December 2024.

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Thinking - Blog

FCA portfolio letter highlights FCA priorities for the next 2 years for the financial advice sector

Published on 08 Oct 2024. By Rachael Healey, Partner

Yesterday the FCA issued a portfolio letter outlining its priorities for the next 2 years for the finance advice and investment intermediary market. Those priorities are - reduce and prevent serious harm, monitor and test higher industry standards under the consumer duty and enable more consumers to pursue their financial objectives through the advice guidance boundary review. Highlights include (1) retirement income advice, ongoing advice services and "polluter pays" are specifically referred to when it comes to reducing and preventing serious harm and (2) continued focus on the expectations around the consumer duty. The letter also confirms that we can expect a further update from the FCA on its review of the retirement income advice market in the first quarter of 2025 and an update on ongoing advice services later this year – we wait to see if this means the FCA puts pressure on firms in relation to any regulatory exercises.

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Event

AI and Emerging Technology Disputes Symposium

08 Oct 2024

We invite you to RPC's inaugural AI and Emerging Technology Disputes Symposium.

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Thinking - Publication

ML Covered - October 2024

Published on 04 Oct 2024. By Matthew Watson, Partner and Rachael Healey, Partner and Kim Wright, Senior Associate and Zoe Melegari, Senior Associate and Andrew Oberholzer, Senior Associate and Charlotte Bray, Associate

Welcome to the third edition of ML Covered, our monthly round-up of key events that are relevant for those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.

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Thinking - Publication

The Week That Was - 4 October 2024

Published on 04 Oct 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

DORA Watch – August and September 2024

Published on 03 Oct 2024. By Jon Bartley, Partner

As financial entities and ICT service providers undergo the final stages of implementation of the Digital Operational Resilience Act (DORA) requirements into their systems and processes, it is imperative to understand the legal developments and ongoing updates arising from EU Member States as they go through their respective transposition and alignment processes. Through TerraLex - our global legal network, which provides us with access to 22,000 lawyers from highly regarded and carefully vetted law firms stretching more than 120 countries – we have collated legal updates focusing on DORA and its implications in EU jurisdictions.

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Thinking - Blog

Effective case management before the Tax Tribunal

Published on 03 Oct 2024. By Adam Craggs, Partner and Daniel Williams, Associate

Adam Craggs and Daniel Williams consider the various stages involved in a tax appeal to the First-tier Tribunal (Tax Chamber).

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Event

EU Cyber 2025: NIS2 & DORA

02 Oct 2024

Join industry experts as they consider the impact of these regulatory frameworks on impacted organisations and how these entities are enhancing their ability to defend against digital threats, respond to cyber attacks and manage data breach incidents.

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Press and Media

RPC recognised as top-tier firm across eight areas in The Legal 500 UK 2025

Published on 02 Oct 2024.

RPC, a law firm deeply invested in client ambitions and commercial success, is proud to be recognised once again in The Legal 500 UK 2025 rankings.

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Thinking - Publication

Data Dispatch - September 2024

Published on 02 Oct 2024. By Jon Bartley, Partner

Welcome to the sixth edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a regular basis with an easy-to-digest summary of key developments in data protection law.

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Press and Media

Navigating retail's sustainable revolution as ESG shapes the industry's future

Published on 02 Oct 2024. By Kimberley Nanson, Senior Communications Manager and Caroline Copland, Head of Marketing Communications

As the retail regulatory landscape continues to develop at pace and affordability and sustainability remain important for consumers, ESG poses a variety of opportunities and challenges for those in the retail and consumer market.

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Thinking - Publication

Retail Compass Autumn 2024

Published on 02 Oct 2024. By Jeremy Drew, Partner and Karen Hendy, Partner and Ciara Cullen, Partner, Retail & Consumer Sector Lead

Welcome to the autumn edition of Retail Compass. This edition sees a surge of ESG-related legislative and regulatory updates. We hope to guide you through the most pressing, as well as the wider upcoming legal and policy changes affecting retail and consumer brands.

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Thinking - Blog

Upcoming changes financial professionals need to be aware of

Published on 01 Oct 2024. By Lauren Butler, Associate

There are changes in the air which will affect accountants, financial advisers and other professionals in the financial services industry, and the advice they provide. The Financial Conduct Authority (FCA) has announced a consultation on a new regulatory regime for retail investors. At the same time, the government is planning a crackdown on tax avoidance.

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Thinking - Publication

Tax Bites – October 2024

Published on 01 Oct 2024. By Adam Craggs, Partner

Welcome to the latest edition of RPC's Tax Bites – providing monthly bite-sized updates from the tax world.

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Thinking - Podcast

Sustainability and insurance (with Rachel Delhaise)

Published on 01 Oct 2024.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Rachel Delhaise, Head of Sustainability at Convex Insurance. In this episode they discuss her role as Head of Sustainability and what that means for insurance.

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Thinking - Blog

Fixed recoverable costs: One year on

Published on 30 Sep 2024. By Chris Gower, Senior Associate and Gavin Reese, Partner, Head of Regulatory

1 October 2024 marks the one year anniversary of the implementation of the final Jackson reform: the biggest shake-up to civil costs in a decade. We consider the impact of the reforms and whether the predictions we made this time last year were right.

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Thinking - Publication

The Week That Was - 27 September 2024

Published on 27 Sep 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

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Press and Media

RPC advises Women's Professional Leagues on record-breaking Barclays sponsorship

Published on 27 Sep 2024. By Joshua Charalambous, Partner

RPC has acted for Women’s Professional Leagues Limited (WPLL) on its historic multi-year sponsorship renewal with Barclays for the Barclays Women’s Super League (WSL) and Barclays Women’s Championship. The landmark agreement is set to be the highest-value sponsorship deal in the history of women’s domestic football worldwide.

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Thinking - Blog

Growth vs. client care: SRA’s warning on mergers and the risk to public trust

Published on 26 Sep 2024. By Kirstie Pike, Partner and Aimee Talbot, Knowledge Lawyer and Victoria Lawman, Trainee Solicitor

We consider the key takeaways from the SRA's warning notice to firms growing by merger, which urges firms to keep client interests central to their decision-making processes.

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