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Thinking - Snapshot

CMA publishes update paper on AI Foundation Models

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What is the state of play for the market of AI Foundation Models (FM) and what issues in the market is the Competition and Markets Authority (CMA) most concerned about?

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Thinking - Snapshot

New EU guidelines on mitigating risks for electoral

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What are the European Commission’s new guidelines and how do they protect the integrity of electoral processes?

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Thinking - Blog

Closure notices and the appeals process

Published on 01 Aug 2024. By Adam Craggs, Partner and Liam McKay, Of Counsel

In this article we consider the process by which a taxpayer can bring a protracted HMRC enquiry to and end and appeal against a closure notice issued by HMRC.

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Thinking - Snapshot

“Consent or pay” models under scrutiny in UK and EU

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Are “consent or pay” business models compliant with data protection law?

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Thinking - Snapshot

ICO forces Serco Leisure to stop using facial recognition technology for employees

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

In what circumstances can facial recognition technology (FRT) be acceptable to monitor employees in the workplace?

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Thinking - Snapshot

Ofcom and ICO to collaborate on Online Safety and Data Protection

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How are the data protection and broadcasting regulators collaborating to regulate online services from a safety and privacy perspective, and what does this mean for businesses and services regulated by both bodies?

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Thinking - Snapshot

ICO publishes guidance on content moderation

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What steps should businesses operating content moderation systems in the UK be taking to comply with new guidance published by the UK’s Information Commissioner (ICO)?

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Thinking - Snapshot

The ICO’s strategic approach to regulating AI

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How can the ICO’s recently published AI strategy paper help businesses navigate the evolving AI regulatory landscape, particularly in respect of data protection principles?

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Thinking - Snapshot

New development: DPDI Bill fails to become law

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

The Data Protection and Digital Information Bill (DPDIB), the proposal for post-Brexit data protection laws in the UK, did not pass through Parliament before its dissolution on 24 May 2024 ahead of the general election on 4 July 2024. This means that the DPDIB has failed to become law and any proposals for data reform in the UK will largely need to start afresh in the new Parliament.

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Thinking - Blog

A round-up of Ofcom's Children's Harms consultation

Published on 01 Aug 2024. By Rupert Cowper-Coles , Partner and Mafruhdha Miah, Senior Associate

Ofcom's consultation on children's harms under the Online Safety Act (OSA) recently closed. It is the second of four key consultations under the OSA and follows the consultation on illegal harms duties published in October last year. We explore what Ofcom's guidance may mean for in-scope service providers.

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Thinking - Snapshot

The EU’s Product Liability Directive expands to cover digital technology

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What changes to civil product liability have been implemented by the European Commission for defective digital products and software?

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Thinking - Snapshot

Product Security and Telecommunications Infrastructure Regulations: a new security regime for smart devices

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What does the new cyber security regime mean for “smart” devices in the UK?

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Thinking - Snapshot

Empowering consumers through the EU’s Green Transition Directive

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What are the enhanced consumers rights arising from the EU’s Directive on Empowering Consumers for the Green Transition (the Empowering Consumers Directive)?

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Thinking - Snapshot

The EU’s new General Product Safety Regulation is set to land in December 2024

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What do manufacturers and online marketplaces need to think about as the EU General Product Safety Regulation (GPSR) comes into force in December 2024?

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Thinking - Snapshot

The Digital Markets, Competition and Consumers Act becomes law

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What changes will the new Digital Markets, Competition and Consumers Act bring to the consumer protection and competition regulation landscape?

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Thinking - Publication

Green claims update: July 2024

Published on 31 Jul 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and Ciara Cullen, Partner, Retail & Consumer Sector Lead and Hettie Homewood , Senior Associate and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

Welcome to our round-up of the key legal and regulatory developments relating to green claims.

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Thinking - Publication

Tax Bites – August 2024

Published on 31 Jul 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 - Snapshot

Limitation and exclusion of liability – financial caps and loss of profit

Published on 31 Jul 2024.

Tata Consultancy Services Ltd v Disclosure and Barring Service [2024] EWHC 1185

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Thinking - Snapshot

Contractual interpretation of force majeure clause containing “reasonable endeavours” obligation

Published on 31 Jul 2024.

RTI Ltd (Respondent) v MUR Shipping BV (Appellant) [2024] UKSC 18

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Thinking - Snapshot

Effective incorporation of terms in consumer contracts – sufficiently signposting online terms using click wrap processes

Published on 31 Jul 2024.

Parker-Grennan v Camelot UK Lotteries Limited [2024] EWCA Civ 185

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Thinking - Podcast

The Work Couch: Bonus Live episode: Exploring the cost of untapped talent, with Tskenya-Sarah Frazer, Trevor Sterling and Mark Ash

Published on 31 Jul 2024.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Publication

PLC QTRLY - Q2 2024

Published on 31 Jul 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 - Publication

RPC Bites #63: Aldi Kefir - copycat or collab? No more carbon credits for Brewdog and a rollercoaster for Carlsberg's portfolio

Published on 30 Jul 2024. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Ben Mark, Partner and Sarah Mountain, Partner and Harpreet Kaur, Associate

Welcome back to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of the key legal, regulatory, and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure.

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Thinking - Publication

Lawyers Covered - July 2024

Published on 30 Jul 2024. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Caroline Shiffner, Senior Associate and Victoria Lawman, Trainee Solicitor and Helen Kerr, Senior Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the July edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

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Press and Media

RPC represents Pyrrho in landmark Takeover Panel case involving MWB Group

Published on 30 Jul 2024. By Christian Charlesworth, Partner

International law firm RPC has advised Pyrrho Investments Limited (Pyrrho) in the most significant case ever handled by the UK's Takeover Panel.

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Thinking - Blog

SRA consults the legal sector on proposed changes to their fining framework

Published on 30 Jul 2024. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group and Victoria Lawman, Trainee Solicitor

The SRA is conducting a consultation from the 28 June to 20 September 2024 on their proposed changes to the SRA Fining Guidance. The regulator is seeking feedback in response to the new unlimited fining powers granted under the Economic Crime and Corporate Transparency Act (ECCTA 2023).

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Thinking - Blog

McDonald's BIG MAC trade mark – General Court gives decision on evidence of genuine use

Published on 30 Jul 2024. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Harpreet Kaur, Associate

In a decision that, practically, provides for only a tiny loss of protection for the behemoth brand and trade mark, on 5 June 2024 the European General Court (General Court) partially revoked McDonald's BIG MAC trade mark (the EUTM) in the EU (Supermac's (Holdings) Ltd v EUIPO (Case T 58/23)).

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Thinking - Publication

Banking and Financial Markets Litigation Update - Summer 2024

Published on 29 Jul 2024. By Carolin Ayres, Senior Associate and Jonathan Cary, Partner and Jessica Davies, Senior Associate and Jake Hardy, Partner and Simon Hart, Partner, Financial Services Sector Lead and Charlotte Henschen (née Ducker), Partner, Professional Practices Sector Lead and Tom Hibbert, Partner and Tim Potts, Senior Associate and Chris Ross, Partner and Christopher Wheatley , Senior Associate and Alan Williams, Partner

This update is brought to you by RPC’s top tier banking and financial markets disputes practice in London, with specialists in all areas of financial markets litigation (and arbitration) and a wealth of expertise including frequent involvement in the most complex, high-value, and high-profile disputes in the sphere. Here, we take a look at some of the most important judgments in recent months.

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Press and Media

RPC welcomes Christian Charlesworth as Partner

Published on 29 Jul 2024. By Christian Charlesworth, Partner

International law firm RPC announced today that Christian Charlesworth, has joined as a Partner in the firm's Bristol office.

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Thinking - Publication

The Week That Was - 26 July 2024

Published on 26 Jul 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

Take 10 – 26 July 2024

Published on 26 Jul 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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Press and Media

RPC advises MOB in its acquisition by global sport and entertainment agency, 54

Published on 25 Jul 2024. By Nigel Collins, Partner, Head of Japan Desk

International law firm RPC has advised production house MOB in its acquisition by 54, a global sport and entertainment agency to strengthen its content creation capabilities.

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Thinking - Publication

CAT Collective Proceedings - Summer 2024 update

Published on 24 Jul 2024. By Chris Ross, Partner and David Cran, Partner, Head of Disputes and Zoe Mernick-Levene, Partner

Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).

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Thinking - Blog

Right language, right place: What King Trader can teach us about the placement of language within insurance policy wordings

Published on 24 Jul 2024.

The recent High Court judgment of MS Amlin Marine NV on behalf of MS Amlin Syndicate AML/2001 -v- King Trader Ltd & others (Solomon Trader) [2024] EWHC 1813 (Comm) is the latest in a string of recent decisions that shine a light on the construction of insurance policy wordings.

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Thinking - Blog

The High Court continues interim anti-harassment injunction

Published on 24 Jul 2024.

At a return date hearing on 12 July 2024, Aidan Eardley KC (sitting as a Deputy High Court Judge) continued until trial or further order an anti-harassment injunction granted to prevent the Defendant from, amongst other things, approaching or contacting the Claimant.

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Thinking - Blog

HNWs: Understanding HMRC's Offshore Information Gathering Capabilities

Published on 24 Jul 2024. By Michelle Sloane, Partner and Liam McKay, Of Counsel

Wealthy individuals have long been the focus of a substantial part of HMRC’s compliance activities, but a difficult economic climate together with a looming general election and possible change of government is likely to lead to even greater scrutiny of HNWs by HMRC in the short term.

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Thinking - Podcast

Supporting and retaining Gen Z talent (Part 2): Work-life balance, communication and wellbeing, with Rose Sellman-Leava and Laura Verrecchia

Published on 24 Jul 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

"Let form follow function" in insurance policy drafting: Technip, Project Angel and … the Bauhaus?

Published on 24 Jul 2024.

The Bauhaus is a fascinating art movement that emerged in Germany from the dying embers of the first world war. Showing up in architecture and product design primarily, at its heart were the principles of simplicity and usefulness and the imperative to create beautiful things through purposeful utilitarianism. A now ubiquitous phrase, that is a lasting legacy of the Bauhaus, underpinning many fundamental design ideas is this: "let form follow function".

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Thinking - Blog

The EU's Green Claims Directive

Published on 24 Jul 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and Ciara Cullen, Partner, Retail & Consumer Sector Lead and Hettie Homewood , Senior Associate and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

The EU's proposed Green Claims Directive (GCD) sets out expansive new rules for companies making green claims in the EU.

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Thinking - Blog

Tribunal refuses HMRC's application for specific disclosure from taxpayer

Published on 23 Jul 2024. By Jasprit Singh, Senior Associate

In Coopervision Lens Care Ltd v HMRC [2024] UKFTT 00351 (TC), the First-tier Tribunal (FTT) refused HMRC's application for specific disclosure finding that the order sought by HMRC was unclear, disproportionate and inappropriate in the circumstances.

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Thinking - Publication

V@ update – July 2024

Published on 23 Jul 2024. By Adam Craggs, Partner

Welcome to the July 2024 edition of RPC's V@, a monthly update which provides insightful analysis and news from the VAT world.

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Thinking - Publication

The Week That Was - 22 July 2024

Published on 22 Jul 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 - Blog

High Court permits enforcement of foreign judgment in crypto recovery case

Published on 22 Jul 2024. By Dan Wyatt, Partner and Christopher Whitehouse, Of Counsel

Tai Mo Shan Ltd v. Persons Unknown [2024] EWHC 1514 (Comm)

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Thinking - Publication

DORA Watch – June and July 2024

Published on 22 Jul 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

No objection: When is a party barred from challenging jurisdiction where it continues in the arbitration?

Published on 22 Jul 2024. By Fred Kuchlin, Senior Associate

The High Court has provided invaluable guidance on the factors that it will consider when determining when a party is barred from challenging jurisdiction under s. 67 of the Arbitration Act 1996 (the Act) by failing to raise an objection while continuing to take part in the arbitration.

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Thinking - Blog

Embracing digital change: the new reporting functions for the Financial Reporting Council

Published on 19 Jul 2024. By Heather Buttifant, Associate and George Smith, Partner

The Financial Reporting Council (FRC) has announced two new functions, to better understand its existing market intelligence and to deliver on UK growth and competition. However, following the King's speech this week, and with the industry expecting a new, more powerful regulator in the Audit, Reporting and Governance Authority (ARGA) under this new Labour government, are these new functions simply a steppingstone to wider auditing reform?

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Thinking - Blog

What might the new Labour government mean for UK business?

Published on 18 Jul 2024. By Emily Snow, Trainee Solicitor

On 4 July 2024, the Labour party won a landslide general election victory – its first since 2005. In the run up to the election, Labour billed itself as the party of "wealth creation", with Keir Starmer hailing this his "number one mission." Starmer stated that his plan for growth was “pro-worker and pro-business”.

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Thinking - Blog

Tribunal confirms no tax due on disposal of property held on trust for taxpayer's brother

Published on 18 Jul 2024.

In Raveendran v HMRC [2024] UKFTT 273 (TC), the First-tier Tribunal allowed the taxpayer's appeal against HMRC's discovery assessment in relation to the disposal of a property because it was held on trust for his brother.

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Thinking - Blog

The Supreme Court clarifies the law on the recovery of damages for non-pecuniary damage arising out of a maliciously false statement

Published on 18 Jul 2024.

The Claimant was an employee of the second defendant, LCA, a recruitment agency owned and operated by the first defendant. After leaving LCA, the Claimant was employed by another recruitment agency and began targeting LCA's clients. LCA's owner told two third parties, one of whom was the Claimant’s new line manager and the other a client of LCA, that by doing this the Claimant was in breach of her contract of employment with LCA. In fact, there was no term of that contract (as the owner of LCA knew) which prohibited the claimant from soliciting business from LCA’s clients.

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