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In this issue:
Risk & Compliance
New and updated content
Dates for your diary
Virtual networking and forum events
There’s no need to feel isolated if you are working from home—join one of our virtual networking or forum events. Even if you aren’t working from home, take some time to network with your peers, find out what challenges they’re facing and how they are meeting those challenges.
22 September 2020
Senior counsel virtual discussion forum
To register your interest in attending, please email: firstname.lastname@example.org
Chatham House discussion on how in-house legal teams are preparing for a probable second Coronavirus (COVID-19) wave.
What should you consider around employees, customers, contracts and your supply chain? What contingency plans and approaches are other legal teams taking to proactively influence organisational planning? Hear from peers, share experiences and discuss best steps to protect your organisation from the ongoing impact of the coronavirus pandemic.
23 September 2020
Junior counsel virtual networking lunch in collaboration with F-Lex and Crafty Counsel
Register now to attend
Junior in-house lawyer or just starting out in your career in-house? Meet with and build your network of like-minded peers in our monthly virtual networking sessions. Hear from guest speakers, join breakout sessions to debate and share experiences on topical subjects and see if you can win the coveted monthly quiz champion title.
29 September 2020
LexisNexis i-LIKE forum: Scenario Planning for Legal Teams
The LexisNexis i-LIKE forum brings together senior counsel, knowledge managers and legal operations directors working in-house to drive meaningful engagement, collaboration and innovation in driving peak in-house legal department performance through sharing best practice.
With coronavirus bringing unprecedented pressure to bear on the in-house legal function it can be hard for you to raise your head and look to the future. So how do you escape the reactivity trap and get the legal function ahead of the curve?
Various dates from September to December 2020
LexisNexis Aspire Forum for Junior In-house Lawyers
To register your interest in joining the events, sign up as an Aspire member today
Aspire is a professional development and networking forum for junior in-house counsel. Following the success of the summer event series, we have several events planned for the remainder of the year to continue supporting you through these uncertain times and provide a platform for you to connect with your peers. Events take place at the same time each month, from 5pm to 6:30pm.
Upcoming subjects include mental health and junior in-house counsel, legal operations, career development and mentoring for junior in-house counsel and, of course, a Christmas quiz and networking social.
Our latest report, ‘Continental Shift: Navigating the Brexit transition’, gathers insights and commentary from a range of experts on key developments following the UK’s withdrawal from the EU, focusing on some of the frequently asked questions on the transitional arrangements and key transition workstreams including implementation of the UK-EU Withdrawal Agreement, negotiation of the future UK-EU relationship, and domestic policy, legislation and preparation for the legal landscape beyond Brexit. It provides a recap of key milestones and developments to date, together with a sample of analysis on key issues and a greater detail in relation to some of the impacted practice areas, highlighting useful information and materials to help lawyers navigate the Brexit transition and prepare for legal changes on the horizon. See News Analysis: Continental Shift: Navigating the Brexit transition.
The Cabinet Office has published long-awaited guidance on the operation of the Northern Ireland Protocol to the Withdrawal Agreement, which is due to take effect from 1 January 2021. Ensuring that the Protocol is fully operational in order to avoid a hard border on the island of Ireland at the end of the Brexit transition period is an agreed priority for the UK and the EU. The guidance published on 7 August 2020 outlines the various processes for movement of goods between Great Britain, Northern Ireland, the EU and beyond. In addition to the guidance, the Cabinet Office has announced £650m in funding, including up to £200m for a new Trader Support Service (TSS), providing free end-to-end support for traders in Northern Ireland. Further guidance will follow as work to implement the Protocol continues. The government admits that there remain areas without ‘complete certainty’ but promises ‘full guidance’ by the end of the transition period. See: LNB News 07/08/2020 42.
The Health and Safety Executive (HSE) has announced it is contacting businesses in Greater Manchester to ensure their workplaces are safe in order to tackle the local coronavirus outbreak. See: LNB News 10/08/2020 23.
Law360, London: European regulators have clamped down on anti-money laundering rules in 2020 as total fines surged in the first six months of the year after a dip in 2019, a new report has found. See News Analysis: Global AML fines surge in 2020, led by Europe.
Corporate Crime analysis: John Binns, partner at BCL Solicitors LLP and member of the Lexis®PSL Corporate Crime Consulting Editorial Board, discusses the EU’s first use of sanctions against malicious cyber actors. See News Analysis: Imposing sanctions against malicious cyber actors—the EU’s approach.
The Information Commissioner’s Office (ICO) has announced that the Age Appropriate Design Code was issued on 12 August 2020 following the completion of the Parliamentary process. The Code will come into force on 2 September 2020 and will provide a transition period of 12 months. The ICO encourages businesses to comply as soon as possible with the new requirements as the Code will apply to new and existing services. See: LNB News 12/08/2020 30.
The National Cyber Security Centre (NCSC) has issued new guidance to help organisations ask the right questions when considering cybersecurity insurance. The new guidance is not a buyers’ guide to cybersecurity insurance—instead, it is designed to help organisations decide whether cyber insurance could contribute to how they manage cyber risk. The NCSC has also provided several questions that organisations may wish to discuss with their insurance broker or provider in order to understand what services and support are available to deal with a cyberincident and also how cyberinsurance could help an organisation get back to its feet, should there be a cyber-related incident. See: LNB News 06/08/2020 33.
Amy Sadro and Sarah Valentine explore the risks involved in handling the media in the wake of a health and safety incident and propose strategies for minimising those risks. The reputation of a business is dependent not only on its record in the health and safety domain, but also on the way that it handles any health and safety breaches that do occur. Including a plan for handling the media as part of an organisation’s crisis response strategy can drastically minimise the risks to which the business has exposed following a health and safety incident. A coherent media handling plan can enable the organisation to focus more fully on reacting to the consequences of an incident itself, rather than being distracted by concerns about the media coverage. See: LNB News 11/08/2020 41.
Advertising, marketing and sponsorship
The Trustworthy Accountability Group (TAG) and the Joint Industry Committee for Web Standards (JICWEBS), two of the digital advertising industry’s leading anti-fraud and brand safety organisations, have announced an agreement to merge. The merger will be completed in early September 2020, and the new organisation will carry the TAG name. The merger comes after TAG and JICWEBS announced a formal partnership in March 2017, which has led the two organisations to align their programmes to strengthen standards. See: LNB News 10/08/2020 2.
A newspaper advertisement for face masks prompted an investigation by the Advertising Standards Authority (ASA) for misleadingly exaggerating their ability to protect the wearer from coronavirus. The ASA upheld two complaints regarding this investigation. See: LNB News 12/08/2020 23.
In a significant High Court decision, the court enforced the Trade Secrets (Enforcement, etc) Regulations 2018 (Trade Secrets Regulations), for the first time in the UK for the purpose of granting interim relief. Although the only connection with the UK was the imminent importation of an allegedly infringing product, the court noted that it is clear from the Regulations’ recitals that they can apply to the misuse of trade secrets abroad when the goods are then imported into the UK from third countries, even those outside the EU. Written by Rebecca Swindells, partner, and Sophie Entwistle, trainee solicitor, at Jones Day. See News Analysis: Trade secrets injunction upheld in significant case applying the Trade Secrets Regulations in the UK (Celgard LLC v Shenzhen Senior Technology Material).
Supply of goods
The Department of Health and Social Care has opened a consultation regarding front-of-pack nutrition labelling (FOPNL) in the UK after committing to consult on the UK’s FOPNL in the green paper titled ‘Advancing our health—prevention in the 2020s’. FOPNL helps to support healthy choices and reduce obesity rates by providing nutritional information to consumers. The consultation closes on 21 October 2020. See: LNB News 12/08/2020 21.
Companies House has announced that the temporary measures (announced in April 2020) suspending compulsory strike-off action in response to the coronavirus pandemic will be lifted from 10 October 2020. From this date, companies will be removed from the register if there is reasonable cause to believe they are no longer carrying on business or in operation. See: LNB News 10/08/2020 66.
Restructuring and insolvency
Restructuring & Insolvency analysis: This case analysis looks at the first ever court consideration of a new Part 26A restructuring plan (or Part 26A plan or Part 26A scheme) created by the Corporate Insolvency and Governance Act 2020. Kate Stephenson of Kirkland & Ellis LLP looks in detail at the learning points from the convening hearing following the an ‘ex tempore’ oral judgment of Mr Justice Trower. See News Analysis: The first UK restructuring plan: Virgin Atlantic’s solvent recapitalisation.
Equity capital markets
The London Stock Exchange (LSE) has announced that it has agreed settlement terms with Yü Group plc for a public censure and a £300,000 fine for breaches of Rules 10 and 31 of the AIM Rules for Companies. Due to the uncertainties and potential financial challenges as a result of the coronavirus pandemic, the LSE waived the fine in this instance. With regards to the breaches of the AIM Rules, the LSE explained that Yü Group plc failed to ensure it had sufficient procedures, resources and controls in place to comply with AIM Rules (in breach of AIM Rule 31). Due to this failure, Yü Group plc was not able to place sufficient reliance on the integrity of internal financial data for the purposes of assessing its profitability against forecasts or disclosing a fully accurate half-year balance sheet (and was thus in breach of AIM Rule 10). See: LNB News 10/08/2020 7.
Where an employee is dismissed, and then brings an internal appeal against that dismissal, if that appeal overturns the dismissal then in law it will be as if no dismissal had ever occurred, even if the employee made explicitly clear when submitting the appeal that they have no intention of returning to their job whatever the outcome of the appeal may be, according to the EAT in Phoenix Academy Trust v Kilroy (UKEAT/0264/19/AT). See News Analysis: Internal appeal may nullify dismissal even if employee does not want job back (Phoenix Academy Trust v Kilroy).
An updated version of the HR1 form, for use by employers to notify BEIS of a proposal to dismiss as redundant 20 or more employees, has been published by the Insolvency Service, as well as a new accompanying employer guidance document, on 3 August 2020. See News Analysis: Revised HR1 redundancy form and new employer guidance.
Incentive payments for hiring new apprentice
The Education and Skills Funding Agency has published new guidance about incentive payments employers can apply for if they take on a new apprentice between 1 August 2020 and 31 January 2021. Employers who employ an apprentice aged between 16 and 24 will receive £2,000, while those that employ apprentices aged over 25 will receive £1,500. This is in addition to the existing £1,000 payment for taking on an apprentice aged between 16 and 18, or one aged over 25 who has an education, health and care plan, or has been in care. Payments will be made in two instalments, the first half upon the apprentice’s completion of 90 days of work, and the second half after 365 days of work. See: LNB News 10/08/2020 68.
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