Introduction Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a group of manufactured chemicals that are widely used in industrial settings and everyday products. For more information on PFAS and the risks associated with them, see: UK controls on perfluoroalkyl and polyfluoroalkyl substances (PFAS)—What are PFAS? and UK controls on perfluoroalkyl and polyfluoroalkyl substances (PFAS)—What are the risks posed by PFAS? PFAS are becoming one of the most significant emerging contamination risks affecting development, regeneration and infrastructure projects in England and Wales. PFAS issues are increasingly appearing during: • acquisition due diligence • planning and environmental impact assessment • intrusive site investigations • remediation design • earthworks and waste disposal • groundwater management • project financing and • disposal and exit transactions For most developers, landowners, funders and public authorities, the primary challenges include: • planning and permitting implications • evolving standards • increasing regulatory scrutiny • potentially substantial waste management costs • long-term liability exposure Following an information request, the Department for Environment, Food & Rural Affairs (Defra) published a redacted report: PFAS—Evaluating

Introduction Agriculture is increasingly becoming a focal point of PFAS risk management in England and Wales, not because farms are generally primary users of PFAS, but because agricultural land can become a receptor, pathway and secondary source of PFAS contamination. For most agricultural clients, the key legal risks arise from: • land application of sewage sludge (biosolids) • contaminated irrigation or abstraction water • historic or ongoing use of PFAS-containing products and pesticides • migration from neighbouring industrial, waste, airport, military or firefighting sites • contamination of agricultural produce, livestock, milk, eggs and private water supplies • transactions involving farmland and rural estates, and • future regulatory tightening affecting land values, farming operations and remediation liabilities PFAS should be considered in any material agricultural environmental diligence exercise involving: • landspreading of sewage sludge, digestate or other waste-derived materials • intensive livestock operations • private water supplies • food production supply chains • land near airports, military facilities, waste facilities, industrial sites or sewage treatment works, and • strategic land acquisitions and financing Although

Introduction Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a group of manufactured chemicals that are widely used in industrial settings and everyday products. For more information on PFAS and the risks associated with them, see: UK controls on perfluoroalkyl and polyfluoroalkyl substances (PFAS)—What are PFAS? and UK controls on perfluoroalkyl and polyfluoroalkyl substances (PFAS)—What are the risks posed by PFAS? PFAS risk for manufacturers should be managed as a lifecycle issue: • product design and manufacture—input chemicals, process aids, supply chain assessment • manufacturing process—emissions to air and water during manufacture, and • post-manufacture issues—end-of-life and waste issues, contaminated land The government’s PFAS Plan set’s out a range of measures and interventions relating to PFAS, including: • carrying out tests on food packaging, like microwave popcorn bags and pizza boxes, to trace the presence of PFAS and support future regulatory action • reducing emissions from industrial sites through new guidance for regulators and site operators on how to improve their handling, monitoring and disposal of PFAS • completing work to consider restrictions on the use of PFAS in

Introduction Waste management has become one of the most important and fast-moving aspects of Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) risk management. Historically, legal attention has focused on the manufacture, use and release of PFAS, together with contaminated land and water liabilities. Increasingly, however, the practical and commercial challenge is dealing with PFAS once it has been identified. Once PFAS is found in materials that are, or may become, waste—including excavated soils, sediments, sludges, firefighting foams, treatment residues, spent treatment media and discarded products—the focus will necessarily shift from contamination assessment to waste management. PFAS are chemicals rather than a distinct category of waste. The presence of PFAS within a waste stream can have significant implications for waste classification, treatment options, recovery and recycling opportunities, disposal routes, permitting requirements and liability allocation. PFAS are highly persistent, mobile and resistant to conventional treatment processes. Remediation and treatment technologies can remove PFAS from one environmental medium and concentrate them into another. Regulatory controls are increasing. Certain PFAS are subject to controls under Assimilated Regulation

When a crisis hits, you will be under pressure—pressure to act, pressure to respond, pressure from those to whom you answer internally and potentially from external stakeholders as well. You may be out of your comfort zone, unsure of your reporting obligations, what to divulge, to whom and when and the order in which to do things. Your first instinct may be to try and react immediately in response to the agendas of others or, conversely, to clam up and adopt a legal position. This Practice Note aims to summarise, at high level, the key things to think about in any crisis. What is a crisis? There is no officially accepted definition of crisis, but generally it will involve a time: • of intense difficulty or danger • when a difficult or important decision must be made For guidance on specific types of crises, see subtopics: • Internal investigations • Dawn raids & external investigations • Data breaches—compliance • Business continuity plan The first 12 hours The first 12 hours

This Practice Note explains what a customs detention strategy is and how it can assist IP right holders in dealing with counterfeit and infringing goods. It sets out the considerations that should be taken into account when formulating a customs detention strategy. It explains how to file an application for action (AFA) and the information that should be included. It describes the operation of the ‘simplified procedure’ for dealing with potentially infringing consignments under Assimilated Regulation (EU) 608/2013. It gives guidance on setting up internal teams and processes for liaising with the customs authorities. It also touches on alternative approaches that can be taken in relation to parallel imports and goods in transit. It provides practical tips for IP right holders. The focus of the Practice Note is on the UK regime, but it also refers to the regime in the EU which allows right holders to file an EU-wide AFA. What is a customs detention strategy? A well-planned customs detention strategy can be a very effective way for an IP right holder to stop large

This Practice Note is a ‘how to’ guide on managing defamatory social media posts. It includes a summary of what defamation is, the laws that apply in the UK, and the measures and steps to take if dealing with a defamatory post. What is defamation? There is no statutory definition of defamation. It is generally regarded as a statement containing an assertion that lowers a claimant in the opinion of others and which cannot be proved as true or excusable by any other legal defence. There is also a threshold requirement under section 1 of the Defamation Act 2013 (DA 2013) pursuant to which a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant. For detailed guidance on defamation, see Practice Notes: Defamation and Defamation—practical aspects. What laws apply to defamation? Defamation is governed by a mixture of statute and common law. The relevant statutes are: • DA 2013 • the Defamation Act 1996 (DeA 1996) • the Defamation Act

Data security is a cornerstone of the UK General Data Protection Regulation (UK GDPR). The sixth data protection principle (the integrity and confidentiality principle) requires you to take appropriate technical and organisational measures to process personal data in a manner that ensures appropriate security, including: • protection against unauthorised or unlawful processing • accidental loss, destruction or damage This Practice Note reflects ICO guidance on personal data breaches under the UK GDPR. It also contains additional useful practical information set out in ICO guidance on data security breach management issued under the previous data protection regime. This guidance has been withdrawn. This Practice Note also reflects guidance issued by the European Data Protection Board (EDPB). According to the ICO, although the UK has left the EU, these guidelines continue to be relevant. Data security requirements Article 32 puts more flesh on the bones of the GDPR’s integrity and confidentiality principle. You are required to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking

Most firms at any given time have some old, usually small, residual balances on client matters. In the normal course of events, dealing with residual balances should just be a matter of ongoing maintenance. Sometimes, however the scale of residual balances can trigger the need to undertake a larger project to get them back under control. This Practice Note looks at some of the practical issues that can arise for the project sponsor, eg the COLP or COFA when setting up a project to deal with your firm’s residual balances. It considers the circumstances that might trigger the need to embark on a project and how to start the project and gives some practical tips to make the project sponsor’s job easier. It should be read in conjunction with Practice Note: Residual balances—law firms. In what circumstances will a residual balances project be required? You may have run a residual balance project. However circumstances can change and you may need to revisit your residual balances because, eg: • you have recently

Understanding the IP portfolio Effective management of an IP portfolio is essential to safeguard and maximise the value of a business’s intangible assets. A well-organised IP portfolio allows right holders to identify and protect their key assets, support commercial objectives, and mitigate legal and financial risk. This Practice Note provides practical guidance on how UK right holders and their advisers can manage an IP portfolio efficiently. It covers both legal compliance (ensuring rights are valid, current and properly recorded) and strategic management (aligning IP protection with business goals). What is an IP portfolio? An IP portfolio is the collective set of registered and unregistered IP rights owned, licensed or otherwise controlled by an organisation. It represents both a legal framework and a commercial asset base that can generate income, attract investment and provide competitive advantage. Portfolio management involves the systematic recording, protection, monitoring, and exploitation of these assets, ensuring that they continue to deliver strategic value. Types of rights commonly included An effective portfolio typically includes a mix of the following: Category Examples Protection

How to use this Checklist This Checklist sets out the points to be considered when managing an IP portfolio. These include: establishing the portfolio baseline; legal maintenance and integrity of rights; managing unregistered rights; applying for new IP rights; alignment with business strategy; monitoring and enforcement; and governance, systems and risk management. It is intended to be used alongside Practice Note: How to manage an IP portfolio. This Checklist assumes that the portfolio contains a range of different IP rights. For more information about managing a trade mark portfolio, see Practice Note: Managing a trade mark portfolio, Precedents: Trade mark search sheet, Trade mark filing sheet and Guidance on the correct use of trade marks in a business—checklist. Checklist schedule for managing an IP portfolio Checklist Further information Notes (if any) Establishing the portfolio baseline Identifying the scope of the portfolio ☐ Registered rights Have you identified all registered IP rights (eg patents, trade marks, designs), checked they are in force and recorded the renewal dates? ☐ Unregistered rights Have you identified

This Practice Note provides a high-level overview of the nature and importance of competition law and outlines the steps you can take to help identify and mitigate competition law risks specific to your organisation. It is intended to help you ensure your business is compliant with competition law and to spot when others are engaging in illegal anti-competitive behaviour. Finally, it provides details on steps you can take if you think competition law has been broken. Why complying with competition law matters Competition benefits both businesses and consumers. It shows companies where they need to improve and encourages organisations to strive for greater efficiency, become more innovative and productive, and ultimately be better businesses. Competition law is designed to protect businesses and consumers from anti-competitive behaviour, and safeguard effective competition. All businesses must comply with competition law and there can be serious consequences for businesses and individuals, including directors, for non-compliance. Against this backdrop, it therefore makes sense to comply with competition law not just from a legal, but also from an economic, perspective. Competition