Compliance with sanctions law is or should be at the top of the compliance agenda. A failure to have adequate procedures is not only a failure to manage risk but could also lead to criminal or civil penalties in a range of jurisdictions. As regimes around the world evolve, not...

It is a long-established principle of English company law that a director – as an individual who owes a range of good faith duties to the company – shouldn't put himself in a position of conflict of interest with the company when it comes to a proposed transaction or arrangement...

Businesses are embracing the value of processing personal data about their customers and employees, and as a result, are holding more of it. Meanwhile, the general public are becoming more aware of their rights in relation to their personal data (primarily as a result of the introduction of GDPR, and...

Thursday, February 04, 2021 – Expert Interview – Power2Drive Europe Power2Drive Interview with lawyers Dr. Karla Klasen and Dr. Alexander Dlouhy from Osborne Clarke and Markus Emmert, member of the board of directors at the German Federal Association for eMobility The reform of the German Act on the Ownership of...

Choice of law/governing law clauses It might be tempting to view the choice of law/governing law clause in a contract as a boilerplate clause with limited significance, concentrating instead on the terms relating to performance, price and so on. However, it is an important protection which should be given close...

The law on penalties was clarified by the Supreme Court in Cavendish Square v Makdessi (2015) as follows: is the detriment imposed following a breach " unconscionable, exorbitant, extravagant or out of all proportion" to the legitimate business interest which is being protected? A recent case is a useful reminder...

Welcome to the latest edition of Osborne Clarke's Litigation Brief. Inevitably, the ongoing pandemic continues to impact on contractual and procedural issues. We take a look at some of the most recent developments as well as some considerations in relation to preserving and sharing evidence. We also consider where things...

HMRC guidance is that every organisation needs to conduct an objective and comprehensive risk assessment to identify any CFA risks that it may face. The purpose of a CFA risk assessment is to assess the nature and extent of an organisation's exposure to the risk of those who act for...

Who should be liable for the costs of remediating or implementing building safety measures in residential buildings has been the focus of increased media and government attention over recent years. With the introduction of the Building Safety Bill into Parliament, developers, building owners and occupiers of higher-risk buildings need to...

Our previous Insight on the Supreme Court's judgment in Triple Point Technology v PTT focused on the court's welcome return to orthodoxy in the application of liquidated damages provisions after termination. However, that was not the only issue considered in that judgment. In this Insight we look at the differing...