Fieldfisher

Experts

55

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Alexandra Hague
Solicitor
Fieldfisher
Andrew Loan
Fieldfisher
Andrew Hood
Partner
Fieldfisher
Andrew Patten
Fieldfisher
Andrew Prowse
Fieldfisher
Anna Rawlinson
Solicitor
Fieldfisher
Aonghus Heatley
Director (Counsel)
Fieldfisher
Arti Shah
Fieldfisher
Catherine Sheffield
EU Regulatory Specialist
Fieldfisher
Chris Eastham
Partner
Fieldfisher
Chris Benn
Fieldfisher
Christina Gardiner
Senior Associate Solicitor
Fieldfisher
Christopher Leung
Solicitor
Fieldfisher
Claire Glasgow
Director
Fieldfisher
Danny Fowler
Solicitor
Fieldfisher
David Gallagher
Partner and Head of Pensions
Fieldfisher
David Bond
Partner
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 Roche
Director
Fieldfisher
James Seadon
Partner, and Head of Data Disputes
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
Neil Cahill
Director
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

15

Contract localisation
Contract localisation
Practice notes

This Practice Note identifies changes to foreign business-to-business contract terms typically required to ‘localise’ them for use in the UK under English law and, conversely, the terms that typically need to be reviewed if English law business-to-business contract terms are to be adapted for use in a different jurisdiction. In this context, it focuses on common commercial terms in IT contracts, general English law localisation issues, common law implied terms, statutory controls on contract terms and some common issues with English law doctrines and convention.

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.

Outsourcing—exit
Outsourcing—exit
Practice notes

This Practice Note examines the issues commonly arising on exit when an outsourcing arrangement comes to an end.

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.

Service levels in outsourcing
Service levels in outsourcing
Practice notes

This Practice Note focuses on the key issues to consider when structuring service levels and remedies for failure to achieve these in outsourcing and other IT services contracts. When drafting service level agreements (SLAs), relevant considerations will include the type of service level(s), what to measure, cost and quality, outcomes and outputs, how service levels are measured, service credits and other remedies, earn back and performance bonuses and changes to service levels during the contract term. The specific measurements and metrics used in SLAs will depend on the type of IT services, eg hosting, data communications and hardware maintenance.

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.

Franchise agreement—exclusive
Franchise agreement—exclusive
Precedents

This Precedent franchise agreement—exclusive is for use when a franchisor wishes to appoint a franchisee to sell its goods or services in a particular territory on an exclusive basis. This Precedent is an exclusive franchise agreement meaning that the franchisor is restricted from appointing additional franchisees into the territory and is also restricted from operating in the territory itself. A franchise agreement is not a distributorship or agency; a franchisee (re)sells goods or services under a proven business method developed by the franchisor, and whose sales success is proven. The franchisee, like a distributor, is an independent trader who invests its own funds in the franchise. See also Franchise agreement—non-exclusive and Master franchise agreement.

Franchise agreement—non-exclusive
Franchise agreement—non-exclusive
Precedents

This Precedent franchise agreement—non-exclusive is for use when a franchisor wishes to appoint a franchisee to sell its goods or services in a particular territory on an exclusive basis. This Precedent is a non-exclusive franchise agreement meaning that the franchisor is able to appoint additional franchisees into the territory and may also operate in the territory itself. A franchise agreement is not a distributorship or agency; a franchisee (re)sells goods or services under a proven business method developed by the franchisor, and whose sales success is proven. The franchisee, like a distributor, is an independent trader who invests its own funds in the franchise. See also Franchise agreement—exclusive and Master franchise agreement.

Master franchise agreement—exclusive
Master franchise agreement—exclusive
Precedents

This Precedent master franchise agreement is for use when a franchisor appoints a master franchisee who will in turn appoint sub-franchisees to sell the franchisor’s goods in an identified territory. The appointment of the master franchisee by the franchisor is on an exclusive basis. The master franchisee will grant individual sub-franchises to selected sub-franchisees. The master franchisee and the sub-franchisees will sell goods or services under the business method developed by the franchisor, whose sale success is proven. See also Franchise agreement—exclusive and Franchise agreement—non-exclusive.

Contributions by Fieldfisher Experts

49

Biotechnology patents
Biotechnology patents
Practice notes

This Practice Note sets out which biotechnological inventions can and cannot be patented. It refers to Directive 98/44/EC (often known as the Biotechnology Directive) and Schedule A2 to the Patents Act 1977, which permit biotechnological inventions to be patented but provide some important exceptions. These exceptions have been subject to interpretation by the Court of Justice in cases such as Oliver Brüstle v Greenpeace and Monsanto v Cefetra. This Practice Note also considers the exclusions to patentability under Article 52(b) of the European Patent Convention (EPC) and the relevant European Patent Office (EPO) case law, Tomatoes I, Tomatoes II and Broccoli II. Finally, it considers the 2017 European Commission Notice on biotechnological inventions.

Collective proceedings in the Competition Appeal Tribunal
Collective proceedings in the Competition Appeal Tribunal
Practice notes

This Practice Note provides a practical guide to the procedure for collective proceedings in the Competition Appeal Tribunal (CAT), as introduced by the Consumer Rights Act 2015. The scope of the regime is explored, including when a collective proceedings order will be granted, whether it is on an ‘opt in’ or ‘opt out’ basis, the rights of class members and the award of damages. Also, details on the process, how to commence claims, the documentation required and who can act as a class representative.

Compensation payments made by banks—non-deductibility and notional trade receipt
Compensation payments made by banks—non-deductibility and notional trade receipt
Practice notes

This Practice Note explains the rule that prevents banking companies from claiming tax deductions for compensation expenses and adds a sum equal to 10% of the non-deductible compensation expense to the relevant banking company’s taxable profits. This Practice Note has been produced in partnership with Andrew Loan of Fieldfisher LLP.

Conducting investigations into pensions crime
Conducting investigations into pensions crime
Practice notes

This Practice Note explains common themes in a criminal investigation by the Pensions Regulator (TPR), such as the duty to self-report breaches of pensions law (whistleblowing), the TPR’s powers to collect evidence, and internal investigations.

Corporation tax surcharge on banking companies
Corporation tax surcharge on banking companies
Practice notes

This Practice Note outlines the corporation tax surcharge that, subject to an annual allowance, has applied to the surcharge profits of banking companies since 1 January 2016. This Practice Note was produced in partnership with Andrew Loan of Fieldfisher LLP.

Dealing with a whistleblower in internal criminal investigations
Dealing with a whistleblower in internal criminal investigations
Practice notes

This Practice Note provides practical guidance on the issues that may arise following receipt of a whistleblower report from the perspective of the corporate entity (including limited companies, partnerships and LLPs) receiving the report. It covers the importance of a whistleblowing policy, initial assessment of the report, evidential considerations and responding to the report including self-reporting corporate offences.

Environmental claims in advertising
Environmental claims in advertising
Practice notes

This Practice Note summarises the principal controls surrounding the use of environmental claims in advertising, including greenwashing and eco-friendly claims, and covers the following key areas: overview of environmental claims in advertising, the relevant legislation, the self-regulatory codes and sanctions for non-compliance.

Estoppel—the key cases for pension lawyers
Estoppel—the key cases for pension lawyers
Practice notes

This Practice Note looks at the leading cases on how and when to apply the doctrine of estoppel in occupational pension scheme relationships. The cases include Amalgamated Investment v Texas Bank, Icarus v Driscoll, ITN v Ward, Redrow v Pedley, Steria v Hutchison, Catchpole v Alitalia Pension Trustees, and Prudential Staff Pensions v The Prudential Assurance Company.

EU Biocidal Products Regulation (EU) No 528/2012—snapshot
EU Biocidal Products Regulation (EU) No 528/2012—snapshot
Practice notes

This Practice Note provides a snapshot of the EU Biocidal Products Regulation (EU) No 528/2012 (EU BPR). It provides details on the objective and scope of the EU BPR and key definitions such as ‘active substances’, ‘biocidal product’, and ‘harmful organism’. It also provides guidance on approvals for active substances including information on the Article 95 list and exclusion criteria, as well as renewal and review of active substance approvals. The Practice Note also covers authorisation of products containing biocides (biocidal products), derogations, treated articles and data sharing.

Failing to give information as to the identity of driver
Failing to give information as to the identity of driver
Practice notes

This Practice Note explains the offence of failing to identify the driver in a road traffic incident or accident under section 172 of the Road Traffic Act 1988 (RTA 1988). It considers the elements of the offence, the relevant procedure, the defences to failing to provide the information required and the possible sentence for committing the offence.

GB Assimilated Biocidal Products Regulation (BPR) EU No 528/2012—snapshot
GB Assimilated Biocidal Products Regulation (BPR) EU No 528/2012—snapshot
Practice notes

This Practice Note provides a snapshot of the Assimilated Biocidal Products Regulation (BPR) EU No 528/2012. It provides details on the objective of the GB BPR and how it differs from the EU BPR, the scope of the GB BPR and key definitions such as ‘active substances’, ‘biocidal product’, and ‘harmful organism’. It also provides guidance on approvals for active substances including information on the Article 95 list and exclusion criteria, as well as renewal and review of active substance approvals. The Practice Note also covers authorisation of products containing biocides (biocidal products), derogations, treated articles and data sharing. It also summarises applicable transitional measures in light of Brexit.

How to respond to a confiscation statement
How to respond to a confiscation statement
Practice notes

This Practice Note reminds practitioners about important steps to take in responding to the confiscation statement, which is the statement issued by the prosecutor pursuant to section 16 of the Proceeds of Crime Act 2002.

Admission Agreement
Admission Agreement
Precedents

This is a precedent Admission Agreement for participation in the Local Government Pension Scheme (LGPS) and has been drafted on a broadly neutral basis. As the LGPS is a series of separate schemes established under the same legislation, the Agreement needs to relate to the specific local authority pension scheme involved in the particular transaction.

Asset purchase agreement—sample Beckmann indemnity clause
Asset purchase agreement—sample Beckmann indemnity clause
Precedents

This Beckmann indemnity precedent is suitable for use in a business sale agreement. It is intended to protect a transferee employer from occupational pension scheme liabilities that may transfer to it under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE).

Deed of termination of franchise agreement
Deed of termination of franchise agreement
Precedents

This Precedent is a deed of termination for a franchise agreement under which the parties to an existing franchise agreement mutually agree to terminate that agreement prior to its anticipated end-date, which may be as a result of the sale of the franchise business by the outgoing franchisee to a new incoming franchisee or by mutual consent. This deed of termination is drafted on the assumption that there is no dispute between the parties relating to their rights and obligations under the existing franchise agreement.

Other Work
Internal investigation on suspicion of bribery—checklist
Internal investigation on suspicion of bribery—checklist

This Checklist is intended to provide guidance on the issues which should be considered when preparing for and undertaking an internal investigation where it is suspected that a bribery offence or corruption offence has been committed under the Bribery Act 2010 or under the Prevention of Corruption Acts ie the Prevention of Corruption Act 1916 (PCA 1916), the Public Bodies Corrupt Practices Act 1889 (PBCPA 1889) and the Prevention of Corruption Act 1906 (PCA 1906). It covers initial considerations at the start of a bribery investigation including appropriate oversight by senior management, whistle-blower or other internal reporting strategies, conduct of an internal investigation, issues relating to legal professional privilege (LPP), internal interviews of staff, collecting documentary evidence, dealing with the Serious Fraud Office (SFO), Crown Prosecution Service (CPS) or police, what to do after a self-report has been made, and considerations relating to external stakeholders who might be impacted by a bribery internal investigation.

Ireland—Cross-border litigation
Ireland—Cross-border litigation

This Practice Note aims to provide an understanding of the practical issues to consider when dealing with cross-border litigation in Ireland. This Practice Note considers applicable law and jurisdictional issues within the confines of the legal framework of the EU. It also considers the landscape post-Brexit and the impact this has had on cross border disputes.

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