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Polsinelli Podcast - Avoiding Professional Liability
The Information Commissioner’s Office (ICO) has recently published guidance for employers on monitoring workers lawfully, transparently and fairly. The guidance aims to protect workers’ data protection rights and help...more
In Chehaib v. King’s College Hospital NHS Foundation,[1] the High Court of England and Wales dismissed the claimant’s application for relief in respect of a claim form that had expired, having been ineffectively served via...more
The time is right to review the rules on electronic service, says judge in a case involving invalid service of claim form. A recent decision in the English High Court highlights the continued need for litigants to...more
As a response to member feedback relating to the COVID-19 pandemic and following a period of consultation with its members beginning in 2022, the International Swaps and Derivatives Association (ISDA) has published a number...more
On 28 July 2022, the Law Commission published a consultation paper on digital assets. The outcomes of the consultation will inform the programme for law reform in England and Wales and may therefore result in the tabling of...more
Purchasing Resources- When I said last time that the first 70+ pages is mostly dedicated to educational resources, that includes resources on the market, a procurement approach that can be used to select vendors and...more
FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more
Recent M&A deals the teams have worked on involving insolvent corporates have highlighted the challenges which exist around the transfer of customer lists and databases, which are often a significant asset for the buyer. ...more
The dominant purpose of a communication must be to obtain, or give, legal advice for legal advice privilege to apply. The Court of Appeal considers how, in the light of this, to analyse privilege and internal multi-party...more
In Civil Aviation Authority v R (on the application of Jet2 Ltd) 2020 EWCA Civ 35, the English Court of Appeal provided clear guidance on the position of Legal Advice Privilege and multiparty emails. Further, it confirmed...more
Existing Test - Legal Advice Privilege (“LAP”) allows a party to withhold from disclosure communications between a lawyer and client, which are confidential and for the dominant purposes of obtaining legal advice. This...more
We set out in the attached Newsletter a number of interesting English court decisions and market developments which have taken place in the second half of 2019 and their impact on M&A transactions. This review looks at these...more
A leaked email between lawyers and an overheard conversation between lawyers in a pub, both concerning redundancy, were not admissible as evidence in disability discrimination proceedings in the Employment Tribunal. The...more
Inside the Privacy Shield Annual Review - Dozens of senior US and EU government officials were joined by officials from data protection authorities in Austria, Bulgaria, France, Germany and Hungary to discuss whether the...more
Grove Pension Solutions Ltd is a UK-based company that helps people get “pension releases,” i.e. getting money out of their pensions. The company uses a vendor to conduct lead generation. That vendor would identify...more
Beware the unsolicited email. UK ICO fines a pensions company £40,000 for sending nearly two million direct marketing emails without consent....more
In the latest round of legal issues relating to West Ham United FC's move to the London Stadium, the Court of Appeal found that confidential internal emails between board members and other stakeholders, for the purposes of...more
In an ironic twist, the British Information Commissioner’s Office (ICO) recently fined a Brexit advocacy group for violating regulations issued under an EU directive. The fines, totaling £120,000, were levied against...more
The English High Court will adopt flexible and innovative approaches to help victims of cybercrime obtain remedies against defendants who are either unknown or refuse to engage in proceedings. The court confirmed its...more
Emails between an in-house counsel and an employee, gathering information to provide to external lawyers, were not protected by legal advice privilege. The decision illustrates (a) how difficult it will be for internal fact...more
The U.K. data protection authority recently fined a lead generation company £90,000 ($118,000) for a 2017 unsolicited email marketing campaign. The company, Boost Finance Ltd, sent over 4 million emails promoting pre-paid...more
In January 2017, Alibaba co-founder Jack Ma was proudly promising to create 1 million jobs in America—a heady promise but one not unthinkable given Alibaba’s massive scale. Fast forward 20 months and a growing Sino-American...more
With the General Data Protection Regulation (GDPR), the European Union’s new privacy law having come into effect on 25 May 2018, thousands of companies have been flooding inboxes in recent weeks with emails asking for consent...more
The procedure for serving English proceedings on a foreign State under s12 State Immunity Act 1978 (SIA 1978) has been helpfully clarified. Where a claimant has to rely on the Foreign and Commonwealth Office (FCO) to effect...more
Due to the general flexibility granted to banks by their standard account opening terms, corporate victims of online banking frauds often face substantial hurdles in court in their attempts to recover the sums lost from the...more