Recent changes to insolvency law have had a major impact on supply chain contracts across the industry. John Warchus, takes a closer look at the practical steps firms can take to ensure their contracts are best protected. To enable businesses to continue trading in these uncertain times, the government has introduced several measures to help […]
Welcome to the second issue of Tech News, providing you with up-to-date information about issues affecting businesses in the technology sector. Mark Lucas examines how introduction of the National Security and Investment Bill is likely to affect Mergers & Acquisitions (M&A) activity. Now the transition period has come to an end, Laurie Heizler asks what […]
The Government wants “greater safeguarding powers to ensure that a small number of investments that may aim to harm the UK’s national security cannot do so”. It says its new National Security and Investment Bill will “strengthen the UK’s ability to investigate and intervene in mergers, acquisitions and other types of deal that could threaten […]
The end of the Brexit transition period brings some important changes to data protection laws. If your business transfers personal data to or from Europe, targets European customers or does business within the European Economic Area (EEA), we’ve outlined below what you should be aware of. In particular, as we await an adequacy decision from […]
It is welcome news that the UK has finally secured a reasonably comprehensive Trade and Cooperation Agreement (TCA) with the EU. Accordingly, as of now, EU laws and arrangements that prevailed during the post-Brexit transition period no longer apply. UK businesses have long been used to securing EU intellectual property (IP) rights which have provided […]
As we all navigate the uncharted territory of the coronavirus, in the world of contracts the force majeure clause has come to the fore. You’d be forgiven for assuming a global pandemic counts as a force majeure, but this isn’t necessarily the case: not a single reported case law or English law authority exists on […]
The UK technology sector received an estimated £30 billion in investment between 2017 and 2019 – more than in France and Germany combined over the same period – and now the boost of a Brexit trade deal with the EU should encourage further investment into the sector here in the UK. Some of the UK-EU […]
2 Entertain Video Ltd v Sony DADC Europe Ltd  BackgroundIn Covid-19 times, a recent decision from the Technology and Construction Court relating to the 2011 London riots is a useful reminder of the restrictive way in which force majeure and limitation clauses are interpreted by the courts and needs to be noted by all suppliers of goods […]
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Welcome to our first issue of our Tech newsletter as a newly merged firm, where we provide you with the latest information in the technology sector about key issues affecting you and your businesses. In this update we cover how to deal with subject access requests and dealing with cybercrime in keeping your IP safe. […]
On 16 July, the Court of Justice of the European Union (CJEU) ruled that the mechanism that allowed the transfer of personal data of European Union citizens to the United States was no longer legitimate under European data protection laws. The mechanism is known as the Privacy Shield. In 2016 it replaced the Safe Harbor […]
Cyber-crime is reported to be one of the fastest growing areas of crime, often involving fraudsters gaining access to IT systems, either to exploit them directly or as a step towards acquiring access to online banking facilities or other exploitable information. To gain access, fraudsters typically exploit security weaknesses in a business’s IT systems. For […]
The use of live or automated, facial recognition (LFR) software by law enforcement in public places is fast increasing in the UK. It enables rapid surveillance of thousands of people. However, the increased use of LFR also highlights the tricky balance between an individuals’ right to privacy and the need for police powers to keep […]
Given the recent (and ongoing) business upheaval caused by COVID-19, many businesses can be forgiven for failing to focus on the fact that Brexit finally took place with the UK “leaving” the EU on 31 January 2020 with the practical “Exit Day” to occur on 31 December 2020, after the transition period. In order to […]
As a result of the Corporate Insolvency Governance Act 2020 (CIGA) coming into force at the end of June, existing protection for customers in relation to the supply of goods and services has been greatly extended and now means that suppliers will not be able to terminate supply contracts or impose other conditions during after […]
The UK Government has recently introduced new legislation to help directors and businesses deal with threats from creditors in these difficult times. Some provisions relate to dealing with the Covid-19 crisis specifically, but other changes are permanent, changing the law in far-reaching ways which include: new powers to directors to impose a moratorium on their […]
How artificial intelligence products and tools can enhance and add value to your business. Artificial intelligence (AI) is increasingly used in a range of different ways to improve customer experience, streamline work processes and provide predictive analysis – AI is set to transform and increase productivity. Our webinar will focus on how AI products and […]
The massive disruption caused by the COVID-19 pandemic has resulted in many more people working from home resulting in the number of face-to-face business meetings to drop to virtually zero. This has led to an explosion in the use of video conferencing technology. Whilst the benefits of these technologies are immense, they are not without […]
On 23 March 2020, the government mandated non-essential businesses to close and ordered individuals to stay at home except in a few limited exceptions. This had a monumental impact on the UK’s economy, with airlines, retail, hospitality, sporting and tourism sectors suffering unprecedented disruption and financial loss. The Organisation for Economic Co-operation and Development forecasts […]
With many businesses struggling to deal with the impact of coronavirus on their business and working practices Moore Barlow is offering businesses, business owners and entrepreneurs a free 30 minute legal clinic by phone or video conference to help mitigate the impact of coronavirus.
Technology has always played a vital role in the agricultural sector and it should be no surprise that Smart Farming is due to increase significantly in the coming years given the needs of a rapidly growing global population, the requirement for increased yields and global warming threats. What is smart farming? A group of technologies […]
On Tuesday 5 May, the government made available the trial of the NHS contact tracing app (“test, track and trace”) to residents of the Isle of Wight as the first phase of a projected national roll-out by June. Making use of the app is voluntary. Users may download it to their smartphones to notify the […]
One of the challenges that directors of companies may face during these unprecedented times is holding board meetings and passing board resolutions whilst still adhering to the social distancing rules and keeping safe. Virtual board meetings are an efficient and relatively straight forward solution to this, and you may even find that you prefer to […]
What can directors continue to do to ensure good governance of their business? The directors of companies in the UK across many business areas are having to make unusually difficult decisions. Sometimes this even includes if their company can continue to trade and exist. Directors take advice where necessary and frequently have had to act quickly. […]
As with all significant events, novel viruses being no exception, people capitalise on ideas for products and services that could be relevant. For consumer goods, a commercially necessary first step is to launch trade mark applications in the expectation that they will result in registered and therefore more protectable marks. Coronavirus impact on IP and […]
Intellectual property Date protection Commercial agreements I am Of Counsel and a solicitor with over 20 years of experience of intellectual property, data protection and commercial agreements. I act for businesses, schools, charities and private individuals. I represent parties in intellectual property disputes, and advise on contracts in all technology sectors and regulatory compliance. I […]
Data privacy law has always tried to strike a balance between individual rights and overwhelming social needs. With the COVID-19 pandemic now sweeping the world, Governments are taking extreme measures to save lives by encouraging social distancing and tracking infected persons. People in democratic countries are simply not used to some of the measures being […]
As UK companies continue to deal with the ever-changing effect on day to day business as a result of Coronavirus (COVID-19), one of the challenges which companies may face is the impact of the closure of HM Revenue & Customs (HMRC) offices. This might be particularly challenging when faced with post completion matters following transactions […]
Due to the material impact of the Coronavirus outbreak on UK business, the Government announced on 28 March amendments to existing statutory insolvency measures. This is in order to assist directors of businesses potentially unable to meet their debts in the current climate. Suspension of ‘wrongful trading’ rules The way this will be dealt with […]
This article examines the ongoing coronavirus public health crisis and its impact on contracts, the ability to terminate or cancel contractual obligations and refers to a recent case study. In general terms “Force Majeure” (FM) is a legal concept defined under a contract relating to the occurrence of events outside the control of the parties. […]
The impact of Coronavirus has meant that many retailers and other businesses have had to close their premises or are suffering a severe downturn in business. As a consequence some are refusing delivery or delaying payment. Suppliers have been asking us for advice on how they can support their customers during this difficult time without […]
Mergers and acquisitions Company reorganisations I am a solicitor in the corporate department and provide specialist advice to businesses and individuals in relation to corporate transactions and arrangements. My expertise extends to advising on mergers & acquisitions and associated transactional documents, including due diligence reports and ancillary documentation. I also regularly deal with reorganisations and […]
Technology, media and telecoms Commercial contracts Intellectual property Data protection and privacy Mergers & acquisitions – commercial support I am a specialist in all areas of commercial and technology law and provide advice to clients in these areas, including dispute management. I have more than 25 years’ experience in the TMT sector: my clients range […]
Commercial contracts Intellectual property issues Franchising Telecoms Information technology matters Corporate support – getting your company ready for sale. I advise clients on: Terms and conditions for the supply and purchase of goods and services Agency, distribution and reseller agreements Franchising, licensing and outsourcing agreements Intellectual property issues Telecoms agreements Outsourcing, procurement and logistics arrangements […]
Commercial Intellectual property IT/Telecoms Yachting I specialise in Information Technology, Telecommunications, Intellectual Property, Data Protection and Privacy. In particular I advise on IT and non-IT outsourcing agreements, development and commercialisation of new technologies, eCommerce, and the protection and exploitation of intellectual property rights. I also provide businesses with advice on a variety of general commercial […]
Can I (or the other party) get out of an onerous contract because of coronavirus?
The off-payroll working rules under Chapter 10 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 were due to come into force on 6 April, however the Government has announced it is postponing reforms of the off-payroll working rules due to the economic impact of Covid-19 (Coronavirus).
As coronavirus quickly develops from a local to a global threat, there are also increasing commercial concerns in relation to the ability of parties to perform contracts. In particular, the coronavirus outbreak is an illustration of the legal principles of force majeure and frustration which can, in the correct circumstances, excuse a party’s non-performance and/or […]
A key feature of a limited company under English law is that it exists as a separate legal entity. As such, the company itself assumes responsibility for its own debts and liabilities, rather than the directors and shareholders. However, there are specific circumstances in which directors and shareholders of a limited company can be found […]
From 6 April 2020, new IR35 rules come into force which mean that medium and large private sector companies in the IT and Tech sector generally will now have to assess whether a person supplied to it by an agency is a disguised employee or a true consultant and notify agencies and the worker. Getting […]
Social media has revolutionised the way people communicate. With people increasingly creating andsharing content online, the nature of that communication has changed too. As people use social mediaboth inside and outside of the workplace, this can present a unique set of challenges for employers. Under UK law, employers are vicariously liable for the acts carried […]
Bentley 1962 Limited and another v Bentley Motors Limited The High Court has recently handed down a decision in a long-running trade mark dispute between commercial organisations of very different sizes and reputations. The Court has held in favour of a small clothing company (Bentley 1962 Limited) and found that its word mark Bentley registered […]
The outstanding progression of technology in the 21st Century has resulted in the phenomenon known as ‘the Internet of Things’; whereby devices can connect via the internet in order to communicate not only with us, but also with each other. The aim is to create a smarter way of life. Many devices are already available […]
Rudd v Bridle Following the arrival of GDPR there has been a notable increase in the number of subject access requests (SARs) whereby individuals have made formal requests to receive details of the personal data held on them by a business. As these requests can be time-consuming and expensive to deal with, it is no […]
The Information Commissioner’s Office (ICO) has published its intention to fine British Airways £183.39 million under the General Data Protection Regulation (GDPR) for serious breach of data protection. This fine is significant as this is the largest fine the ICO has ever issued; under the preceding Data Protection Act 1998, the maximum fine the ICO […]
Moore Blatch has recently partnered with Smith & Williamson to deliver a series of four Scaling up for Success seminars in 2019 to help founders and senior management teams in businesses that have an ambition to grow and ‘scale up’.
UK and EU competition law prohibits anti-competitive agreements between businesses. There are heavy penalties for infringements. When setting up a distribution network, whatever the size, status or sector of your business, it is important to be aware of the main competition rules.
Welcome to the Spring/Summer technology update, where we provide you with the latest information in the technology sector about key issues affecting you and your businesses.
The rapid development of artificial intelligence (AI) and machine learning applications is seeing exciting new technologies being introduced to the market across a wide variety of sectors.
Whatever your views on Brexit, the ongoing saga is recognised in many quarters as being bad for UK Plc due to great uncertainty as to whether Brexit will actually take place, and if so, on what terms the UK will leave the EU.
Earlier this year, Google was fined £44 million (50 million euros) by the French data regulator for breaching the data protection rules under GDPR. To date, this is the largest fine issued since GDPR came into force.
Moore Blatch has advised Crave Interactive, the world-leading developer of cloud-based digital guest service solutions for hotels, on its major investment by True Corporation, Thailand’s leading telecommunications provider. The deal provides a majority investment from True Digital & Media Platform Company Limited, a wholly owned subsidiary of True Corporation Public Company Limited. The investment will […]
The Court of Appeal recently upheld a decision of the High Court that found Morrisons Supermarkets vicariously liable for the malicious and criminal actions of a rogue employee who intentionally damaged Morrison’s reputation by misusing the personal data of almost 100,000 Morrison employees.
In this edition we outline our top five rules for transactions and discuss the new framework for exchanges of personal data between the EU and US for commercial purposes.
Benjamin Franklin said “by failing to prepare, you are preparing to fail” and that is never more than true in transactional work. As preparation is key to a smooth and ultimately successful acquisition or disposal, each quarter we will bring you some of our most important rules to follow leading up to that all important […]
In July 2016, the European Commission formally adopted Privacy Shield, a new framework for exchanges of personal data between the EU and US for commercial purposes. This means that Privacy Shield is approved by the EC as an adequate means of transferring personal data from the EEA to the US. This remains the position until the […]
The Network and Security Information Regulations 2018 came into force earlier this year. These regulations impose security, incident reporting and registration requirements on providers of essential services (water, energy, transport, health, and digital infrastructure) and on businesses that provide online services to operators of essential services.
During this year’s London Tech Week, a new visa route aimed at the tech industry was announced. The Start Up visa has been designed following advice from the Migration Advisory Committee (MAC) and feedback from the tech sector.
A recent case ‘Goodlife Foods Ltd v Hall Fire Protection Ltd’ has once again shown that the courts often place considerable importance on the availability of insurance in interpreting the validity (or not) of an exclusion of liability clause in a commercial contract.
A family run innovation company, Morgan Innovation and Technology Ltd design, develop and manufacture innovative products in medical, defence and commercial industries. They are passionate about innovations that have a positive impact on society.
The recent introduction into UK law of the more stringent General Data Protection Regulation rules (GDPR) has certainly raised awareness of data protection and security. The Information Commissioner’s Office (ICO) has just announced a record fine in relation to a very serious breach that took place in 2017, which meant that the fine was imposed […]
The UK’s largest sailing regatta for the technology industry, the Silicon Cup, has received headline support from Moore Blatch.
Goodlife Foods Limited v Hall Fire Protection Limited This decision has once again shown that the courts often place considerable importance on the availability of insurance in interpreting the validity (or not) of an exclusion of liability clause in a commercial contract. It also shows the courts being generally supportive of businesses limiting liability through […]
You will be aware from our EMI Option Scheme update found here that there was a lapse in the State Aid Approval for the extension of the EMI tax reliefs scheme, which expired on 6 April 2018. HMRC advised against the creation of new EMI Option Schemes from 7 April 2018 as the lapse in approval meant the tax […]
From 25 May 2018 the largest ever overhaul of UK data protection law will take effect that all organisations must comply with or face heavy fines and significant damage to their reputation.
Articles range from looking at the City’s property market, the risks of social media and introducing a new way to solve commercial disputes. We also introduce our new managing partner as well asour new home in Southampton.
Forgive me for harping on, but I am passionate about EMI Schemes and their benefits. If you are not, allow me a few minutes to convince you.
When Leonardo De Vinci first sketched a rough blueprint for a self-propelled cart 500 years ago could he have imagined that it would lead to an influx of driverless vehicles on our roads?
For thousands of businesses across the UK, outsourcing IT provides greater value, a better return on investment and peace of mind. It allows companies to spread their investment in IT infrastructure and call upon a wealth of expertise as and when needed, rather than employing a large in-house team.
Under the GDPR, consent needs to be “…freely given, specific, informed and unambiguous…” In other words, consent will only be validly given where there is a clear statement or conduct by an individual which indicates his/her acceptance of the proposed processing. Accordingly, the following will no longer be satisfactory evidence of consent:
Databases can be protected by database right and/or copyright. A recent spat between the supplier of an internet-based electrocardiogram (ECG) reporting system known as the “ECG Cloud” has led to the conclusion that a simple PDF document relating to the ECG Cloud was protected by both database right and copyright.
Moore Blatch, a top 100 law firm with offices in Southampton, Lymington, Richmond and the City of London, has been widely recognised in the UK’s leading guide to law firms, Legal 500, for 15 of its work areas and 40 of its solicitors.
Leatherhead based major Microsoft reseller Bytes has acquired public sector focused Phoenix, one of the most established UK IT resellers.
On 25 May 2018, the largest ever overhaul of data protection laws in the EU will take effect. Businesses must comply with the changes or face fines of ‚Ç¨20m or 4% of worldwide annual turnover. Despite this, many organisations have not yet started preparing for the changes.
We acted for Inframon Limited in the sale by founders of a minority stake and loan arrangements. Deal value: £1.3 million.
Leading national IT services company Blue Chip, which has its head office in Poole, Dorset has been acquired by major technology services provider GCI. The sellers were advised by Moore Blatch, led by Corporate Partner, Peter Jeffery.
US IT Service provider Ensono has acquired Reading based specialist cloud service provider Inframon, with legal advice being provided by law firm Moore Blatch.
In what has become a stark reminder to all companies to take appropriate measures to protect customer data, TalkTalk has been fined a record £400,000 by the ICO for cyber security failings which Information Commissioner Elizabeth Denham has said, “allowed hackers to penetrate TalkTalk’s systems with ease”.
A US Court has recently ordered social media site Facebook, virtual reality headset developer Oculus, the co-founder of Oculus and the former CEO of Oculus to pay Zenimax Media Inc $500 million after finding the defendants unlawfully used virtual reality technology belonging to Zenimax and the co-founder of Oculus broke a confidentiality agreement with Zenimax.
There are an increasing number of businesses solely providing lettings services via online platforms and apps. Businesses purely providing lettings services should be aware the Government recently underwent a consultation in relation to the proposed Fourth Money Laundering Directive which when introduced as legislation will change how lettings agents currently carry out and assess anti-money […]
The new General Data Protection Regulation (GDPR) will become directly applicable in all member states on 25 May 2018. It will create clarity for businesses by establishing a single set of rules across the EU.
SecureData, a leading cybersecurity services and solutions provider, has acquired cybersecurity company, Cygnia Technologies Ltd, with the legal advice being provided by lawyers Moore Blatch.
Directories Today Ltd, one of the UK’s leading online sellers of graphics and text fonts, has been purchased by Malaysian based global stock photographs and image provider ‘123RF’.
South coast marina operator, Dean & Reddyhoff Ltd, has announced the purchase of Solent based Deacons Boatyard and Marina from Guernsey based marine property investment and development company Fuller Group. Moore Blatch solicitors supported the sale and provided legal advice to Fuller Group.
AccelerComm Ltd, a company specialising in mobile communications technology, has received significant investment from leading intellectual property commercialisation company IP Group plc. The transaction was also supported by Moore Blatch.
The team behind the long running Midsomer Murders franchise, who in 2014 founded Chrysalis Vision, has received a significant investment from Sky plc (“Sky”), with the legal advice being provided by Moore Blatch.