James Noble

James Noble

McDermott Will & Emery

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Latest Publications


Paying The Penalty? Supreme Court Clarifies Rule Against “Penalty Clauses”

Last week, the Supreme Court of England and Wales issued a judgment that gives some welcome clarification about when a contractual provision may be deemed an unenforceable “penalty clause”. This should help employers draft...more

11/12/2015 - Breach of Contract Commercial Contracts Contract Drafting Employment Contract Penalties UK UK Supreme Court

Any Port in a Storm? EU-US Data Transfers After Schrems and Safe Harbor

Last week, the Court of Justice of the European Union (CJEU) gave an important ruling which any business transferring personal data between the EU and the United States should know about — in particular those that make use of...more

10/15/2015 - Binding Corporate Rules Data Privacy Data Protection Authority Data Security EU EU Data Protection Laws European Commission European Court of Justice (ECJ) Facebook Informed Consent International Data Transfers Ireland Personal Data Risk Assessment SCC Schrems v Data Protection Commissioner Surveillance US-EU Safe Harbor Framework

Holiday Pay – The Case Continues

In the latest in a long-running series of cases on holiday pay, the Employment Tribunal has handed down its first judgment in Lock v British Gas Trading Limited....more

3/31/2015 - Employment Tribunals Holiday Pay Holidays UK Wage and Hour

Flexibility Clauses: Worth the Paper They’re Written On?

A recent decision by the Employment Appeal Tribunal (Norman & Others v National Audit Office [2014] UKEAT 0276/14/1512) has emphasised the need for employers to ensure that “flexibility clauses” are drafted unambiguously and...more

2/18/2015 - Employer Liability Issues Employment Contract Flexibility Clauses UK UK Employment Appeal Tribunal

Flexible Working Flexes

With effect from yesterday, 30 June 2014, the right to request flexible working has expanded so that it now applies to any employee with at least 26 weeks’ service. Employers should amend their flexible working policy...more

7/1/2014 - Employee Rights Flex-Time Policies Flexible Work Arrangements UK

Change to UK Collective Redundancy Consultation Regime Now Confirmed

The UK Employment Appeal Tribunal (the EAT) has now published its judgment in litigation that resulted from the 2008 closure of Woolworths. It confirms initial reports of a significant change to the law on UK collective...more

7/5/2013 - Collective Redundancy Consultations Employment Tribunals EU Layoffs Notice Requirements

UK Employment Alert No 209: Update on The Proposed European Cap on Bank Bonuses

Following recent discussions on this topic, lawmakers in the European Parliament have now adopted legislation intended to cap the value of bonuses paid to certain bank staff....more

4/30/2013 - Bonuses Corporate Bonuses EU Proposed Legislation Salary Caps

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