Expert Analysis

• Don't Wing Settlements: Lessons From Morley's TM Ruling

  

  In Morley's v. Sivakumar, the Intellectual Property Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.

• Key Takeaways From Proposed EU Anticorruption Directive

  

  The European Commission's anticorruption proposal, on which the EU Council recently adopted a position, will substantially alter the landscape of corporate compliance and liability across the EU, so companies will need to undertake rigorous revisions of their compliance frameworks to align with the directive's demands, say lawyers at Linklaters.

• Decoding Plans To Simplify The Transfer Of Undertakings Law

  

  The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.

• Employer Lessons From Teacher's Menopause Bias Win

  

  A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.

• What New UK Labour Gov't Is Planning For Financial Services

  

  Following the Labour Party’s U.K. election win on July 4, the new government has already announced its key missions for economic growth, green investment and tax reform, so affected Financial Conduct Authority-regulated entities should be prepared for change and on the lookout for details, says Rachael Healey at RPC.

• What Legal Cannabis In Germany Means For Employers

  

  Since April 1, the consumption and limited possession of cannabis has been permitted in Germany, so employers should take a few steps to maintain safe and productive workplaces while respecting the new legal landscape, says Sven Lombard at Simmons & Simmons.

• How Cos. Can Harness Mobility To Sustain The Space Industry

  

  In order to tackle the skills shortage in the U.K. space industry, companies should use immigration policies, which were recently updated by the government, to attract international talent, says Laxmi Limbani at Fragomen.

• Tips For Orgs Using NDAs In Light Of New UK Legislation

  

  The recent passage of the Victims and Prisoners Act follows a crackdown on the misuse of nondisclosure agreements, but although NDAs are not prohibited and regulators recognize their legitimate justification, organizations relying on them must be able to clearly explain that justification if challenged, say attorneys at Macfarlanes.

• Unpacking The Pay Threshold Hikes For Skilled Worker Visas

  

  Many companies were forced to withdraw job offers after the government recently raised the salary thresholds for skilled worker visas, bringing focus to the strain on businesses to quickly adapt to the changing immigration system, say Claire Nilson, Abilio Jaribu and Emily Evans at Faegre Drinker.

• How Revision Of The EU Works Directive May Affect Cos.

  

  The European Union’s proposed revision of the Works Councils Directive, motivated by perceived shortcomings of existing legislation and the transformation of the world of work, includes significant changes that would increase workers' rights, including through strengthened enforcement and confidentiality provisions, says Thomas Player at Eversheds Sutherland.

• What Employers Should Know About The Tips Act

  

  Michael Powner, Isobel Goodman and Hauwa Ottun at Charles Russell examine a recently enacted law that bars employers from making deductions to workers' tips, shed light on the government's final code of practice, and highlight key trends and potential implications

• Disciplinary Ruling Has Lessons For Lawyers On Social Media

  

  A recent Solicitors Disciplinary Tribunal judgment against a solicitor for online posts deemed antisemitic and offensive highlights the serious sanctions that can stem from conduct on social media and the importance of law firms' efforts to ensure that their employees behave properly, say Liz Pearson and Andrew Pavlovic at CM Murray.

• The Art Of Corporate Apologies: Crafting An Effective Strategy

  

  Public relations challenges often stop companies from apologizing amid alleged wrongdoing, but a recent U.K. government consultation seeks to make this easier, highlighting the importance of corporate apologies and measures to help companies balance the benefits against the potential legal ramifications, says Dina Hudson at Byfield Consultancy.

• What UK Supreme Court Strike Ruling Means For Employers

  

  Although the U.K. Supreme Court recently declared in Mercer v. Secretary of State that part of a trade union rule and employees' human rights were incompatible, the decision will presumably not affect employer engagement with collective bargaining, as most companies are already unlikely to rely on the rule as part of their broader industrial relations strategy, say lawyers at Baker McKenzie.

• Accounting For Climate Change In Flexible Working Requests

  

  Although the U.K. government's recent updates to the country's flexible working laws failed to include climate change as a factor for evaluating remote work requests, employers are not prohibited from considering the environmental benefits — or drawbacks — of an employee's request to work remotely, say Jonathan Carr and Gemma Taylor at Lewis Silkin.