Intellectual Property and Data Protection issues on insolvency

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Practice notes
Senior creditors will ensure that in addition to having higher security rights over junior creditors, juniors are also subordinated to them.Generally...
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9th Nov
Practice notes
STOP PRESS: This Practice Note is being updated for the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which introduces a new insolvency...
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Produced in partnership with Stephen Allinson 9th Nov
Practice notes
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
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Produced in partnership with South Square 9th Nov
Practice notes
DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
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9th Nov
Practice notes
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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9th Nov
Practice notes
This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...
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Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 9th Nov
Practice notes
Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...
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9th Nov
Practice notes
The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 9th Nov
Practice notes
This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...
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9th Nov
Practice notes
It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...
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9th Nov
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 9th Nov
Practice notes
The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...
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9th Nov
Practice notes
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
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9th Nov
Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov

Most recent Intellectual Property and Data Protection issues on insolvency content

Practice notes
Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...
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2nd Dec
Practice notes
Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...
Read More >
Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 2nd Dec
Practice notes
Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK...
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2nd Dec
Practice notes
Sections 7 and 8 of the Data Protection Act 1998 (DPA 1998) set out a data subject’s right of access to personal data held by a data controller. A...
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29th Nov
Practice notes
ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data...
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29th Nov
Practice notes
ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data...
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29th Nov
Practice notes
This Practice Note compares patents, supplementary protection certificates (SPCs), trade secrets, copyright, database rights, design rights, trade...
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29th Nov
Practice notes
This Practice Note focuses on the intellectual property (IP) rights aspects of asset purchase transactions, alongside some more general issues that...
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29th Nov
Practice notes
ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data...
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Produced in partnership with 5RB 29th Nov
Practice notes
ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data...
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Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 29th Nov
Practice notes
ARCHIVED: This Practice Note introduces the data export restriction under the Data Protection Act 1998 (DPA 1998) prohibiting the transfer of personal...
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Produced in partnership with Fieldfisher LLP 29th Nov
Practice notes
This Practice Note considers how the rights of stakeholders in relation to different types of commonly held intellectual property rights (IPRs) may be...
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Produced in partnership with Naomi Leach and Maurane van der Stoep of Stephenson Harwood LLP 29th Nov
Practice notes
This Practice Note and accompanying set of short Q&As written by Rachael Markham of Squire Patton Boggs (UK) LLP, is a practical set of key points...
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Produced in partnership with Rachael Markham of Squire Patton Boggs 29th Nov
Practice notes
ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data...
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Produced in partnership with Francesca Fellowes, Emma Garner and Helen Kavanagh of Squire Patton Boggs 29th Nov
Practice notes
The starting point: what intellectual property rights does the company own?For further detail on the main types of intellectual property rights which...
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Produced in partnership with Brett Israel of Marriott Harrison LLP 29th Nov
Practice notes
What is the GDPR?The General Data Protection Regulation (GDPR), in force from 25 May 2018, replaces the Data Protection Act 1998 (DPA 1998) and, at...
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Produced in partnership with Patrick Elliot of Keystone Law 29th Nov
Practice notes
FAQs for Insolvency PractitionersThese FAQs were drafted by Allison Broad at the Institute of Chartered Accountants in England and Wales (ICAEW) with...
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29th Nov

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