Fieldfisher

Experts

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Alexandra Hague
Solicitor
Fieldfisher
Andrew Prowse
Fieldfisher
Andrew Patten
Fieldfisher
Andrew Loan
Fieldfisher
Andrew Hood
Partner
Fieldfisher
Anna Rawlinson
Solicitor
Fieldfisher
Aonghus Heatley
Director (Counsel)
Fieldfisher
Arti Shah
Fieldfisher
Catherine Sheffield
EU Regulatory Specialist
Fieldfisher
Chris Benn
Fieldfisher
Chris Eastham
Partner
Fieldfisher
Christina Gardiner
Senior Associate Solicitor
Fieldfisher
Christopher Leung
Solicitor
Fieldfisher
Claire Glasgow
Director
Fieldfisher
Danny Fowler
Solicitor
Fieldfisher
David Bond
Partner
Fieldfisher
David Gallagher
Partner and Head of Pensions
Fieldfisher
Emily Parris
Director, Technology, Outsourcing & Privacy
Fieldfisher
Emma Yaltaghian
Solicitor
Fieldfisher
Farheen Ishtiaq-Stansfeld
Senior Associate Solicitor
Fieldfisher
Hazel Grant
Partner
Fieldfisher
Jack Hodkinson
Solicitor
Fieldfisher
James Seadon
Partner, and Head of Data Disputes
Fieldfisher
James Roche
Director
Fieldfisher
Jennifer Bryant
Professional Support Lawyer
Fieldfisher
Joshua Marshall
Fieldfisher
Katharine Fenn
Solicitor
Fieldfisher
Kirstene Baillie
Partner
Fieldfisher
Kirstie Imber
Solicitor
Fieldfisher
Kyle Phillips
Director
Fieldfisher
Leighton Cassidy
Partner
Fieldfisher
Lorna Louise Cropper
Solicitor
Fieldfisher
Louis Vanderdonckt
Associate Technology & Data
Fieldfisher
Maud Grunchard
Of Counsel
Fieldfisher
Natalie Quinlivan
Solicitor
Fieldfisher
Natasha Hattab
Solicitor
Fieldfisher
Nathalie Reid
Solicitor
Fieldfisher
Nicholas Thompsell
Partner
Fieldfisher
Nuria Pastor
Director
Fieldfisher
Olivia Woolston Morgan
Solicitor
Fieldfisher
Paul Barton
Fieldfisher
Peter Sellar
Partner
Fieldfisher
Pilar Arzuaga
Privacy Lawyer
Fieldfisher
Quinton Newcomb
Specialist Commercial Crime Barrister
Fieldfisher
Richard Gibbard
Of Counsel
Fieldfisher
Sheena Sheikh Brown
Solicitor
Fieldfisher
Simon Briskman
Fieldfisher
Sonal Patel Oliva
Director
Fieldfisher
Stewart Perry
Partner
Fieldfisher
Suzanne Farg
Solicitor
Fieldfisher
Tessa Waite
Solicitor
Fieldfisher
Tim Rickard
Fieldfisher
Vansh Gupta
Solicitor
Fieldfisher
Verity Quaite
Employed Barrister / Self-Employed Barrister
Fieldfisher
W Kuan Hon
Solicitor (Director) and New York attorney
Fieldfisher
Will Glover
Director
Fieldfisher
Contributions by Fieldfisher

10

Corporate transactions for technology lawyers
Corporate transactions for technology lawyers
Practice Notes

This Practice Note covers issues in a corporate transaction with which technology lawyers should be concerned, chiefly at the due diligence stage, but also at transition. Issues that may arise include whether the target has the necessary rights to the software and hardware, whether appropriate agreements are in place for networks and services such as the cloud or software as a service, and which warranties should be obtained.

International transfers of personal data under the DPA 1998 [Archived]
International transfers of personal data under the DPA 1998 [Archived]
Practice Notes

This Practice Note has been archived and is not maintained. It provides information on the position under the Data Protection Act 1998 (DPA 1998). It is for background information only.

Model Clauses under the DPA 1998 [Archived]
Model Clauses under the DPA 1998 [Archived]
Practice Notes

This Practice Note contains archived guidance on the above topic and is not maintained.

Restrictions on competing with the franchise
Restrictions on competing with the franchise
Practice Notes

This Practice Note sets out the restrictions that a franchisor typically imposes on a franchisee in order to protect the franchisor’s business, including use of the franchisor’s confidential information, obligations not to compete with the franchisor’s business (restrictive covenants), no poaching provisions, severability and enforceability of restraints, and practical guidance on drafting restrictive covenants. It does not specifically consider competition law issues.

Software escrow
Software escrow
Practice Notes

This Practice Note examines the key issues relating to the use of escrow arrangements for commercially sensitive materials relevant to software design (ie source code). It focuses on the reasons for source code escrow and provides specific guidance about escrow agreements, software as a service (SaaS), escrow agents and insolvency.

System development and systems integration agreements
System development and systems integration agreements
Practice Notes

This Practice Note explains the key issues relevant to agreements governing IT systems development and systems integration projects. It suggests different ways of approaching systems integration and development projects and includes a checklist of key contract terms.

The EU’s General Data Protection Regulation (EU GDPR)
The EU’s General Data Protection Regulation (EU GDPR)
Practice Notes

This Practice Note is an introduction to the EU’s General Data Protection Regulation, Regulation (EU) 2016/679, which is more widely referred to as the GDPR and referred to in this Practice Note as the ‘EU GDPR’ to distinguish it from the UK GDPR. The Practice Note provides an overview of the conceptual changes and the changes in regulatory oversight and additional obligations for organisations which were implemented by the EU GDPR. The Practice Note concludes with suggestions on how organisations can plan EU GDPR compliance activities.

The franchise agreement
The franchise agreement
Practice Notes

This Practice Note considers the principal matters a franchise agreement should address including clarity over the rights to be granted to the franchisee and the relevant territory, whether the franchise can be granted on an exclusive basis, ensuring full consideration is given to the sales targets and development plans, the licensing of intellectual property rights and availability of trade names and domain names. The Practice Note also highlights the importance of a well drafted manual and the key areas a manual should cover.

How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic
How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic
Q&A

This Brexit Q&A examines the mechanisms used in the European Union (Future Relationship) Act 2020 to implement the EU-UK Trade and Cooperation Agreement (TCA) and associated agreements, highlighting the specific and general provisions for implementation and the relevant interpretation provisions.

Software licence—checklist
Software licence—checklist
Checklists

This Checklist is aimed primarily at customers (licensees) entering into agreements to license ‘on-premise’ software installed on the customer’s infrastructure. It is intended to give an overview of the key terms usually found in the supplier agreement.

Contributions by Fieldfisher Experts

3

Ireland—Money laundering offences and regulation
Ireland—Money laundering offences and regulation
Practice Notes

This Practice Note looks at the principal money laundering offences in Ireland including the applicable penalties and relevant legal framework. This note also refers to the additional offences which affect designated persons and touches on their reporting requirements. In addition, the note highlights the key registration requirements for businesses.

Sentencing procedure in the magistrates’ and Crown Courts
Sentencing procedure in the magistrates’ and Crown Courts
Practice Notes

This Practice Note considers sentencing procedure in the magistrates’ court and Crown Court in accordance with the Sentencing Act 2020 (Sentencing Code). It covers how a sentencing hearing takes place including information on the procedural options available to the sentencing court (eg adjourning for pre-sentence reports, and, in the magistrates’ court, committing for sentence to the Crown Court, as well as deferring a sentence or proceeding to sentence immediately). It explains the material to be obtained in advance alongside any pre-sentence report such as impact statements of victims, communities and businesses, and character references to support the defendant’s mitigation. It also covers the procedure of a sentencing hearing, explaining that the prosecution advocate opens the facts and then the defence advocate summarises mitigation before the judge then pronounces the sentence and provides links to other relevant content. It also explains the ability of the court to correct minor errors in sentences under section 142 of the Magistrates’ Court Act 1980 or section 385 of the Sentencing Act 2020, commonly referred to as ‘the slip rule’.

The relevance and use of previous convictions in criminal proceedings
The relevance and use of previous convictions in criminal proceedings
Practice Notes

This Practice Note considers previous convictions, including what is meant by a spent conviction, when convictions will not become spent, rehabilitation periods and the categorisation of other means of disposal including absolute discharges, conditional cautions and fixed penalty notices etc, for criminal records purposes. It also considers, for organisations, disposals such as non prosecution or deferred prosecution agreements (DPAs). In addition, it explains how previous convictions or cautions (an offender’s criminal record) might impact upon new criminal investigations (including via searches using the Police National Computer (PNC)) and decisions to prosecute. This includes decisions to offer DPAs where corporate recidivism is concerned, requirements to disclose previous convictions in criminal or quasi criminal matters, for example when complying with a duty of candour to the court, bail applications, good and bad character assessments and sentencing. It also considers proof of previous convictions as an element of the offence.

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