Legal and Regulatory News

Updates on the latest legal and regulatory developments

Data Protection

Tangible vs intangible: can a lien exist over electronic data?

It is settled law that a person who lawfully holds the property of another for the purpose of doing work to it can exercise a possessory lien over that property in respect of an unpaid debt.  This article looks at the case of Your Response Limited v Datateam Business Media Limited [2014] EWCA Civ 281.

24 April 2014

Gambling

An Olswang Guide to the new gambling licensing regime in Great Britain

When the Gambling (Licensing and Advertising) Bill comes into force, remote operators not previously required to hold a licence in Great Britain will need to apply to the Gambling Commission for licences in order to continue to offer their services to customers in Great Britain.  This guide sets out the proposed changes to UK gambling legislation (as they are set out in the draft published on 28 November 2013 and the amendment published on 19 March 2014) and to the process for becoming a Gambling Commission licensed operator as known at 10 April 2014.

17 April 2014

crowdfunding

Crowdfunding

This article explores crowdfunding in four jurisdictions.

17 April 2014

investment funds

Investment

This article explores the investment trends in 2014.

17 April 2014

Data Protection

ECJ declares the data retention directive to be invalid: what’s next?

On 8 April 2014 the European Court of Justice ruled that the Data Retention Directive 2006/24/EC interferes in a particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data. The Directive is declared invalid.

10 April 2014

Gambling

Gambling Commission's approach will eliminate Asian sport sponsorship income

At least 15 of the 20 English Premier League clubs are sponsored by Asian gambling companies as well as several other football clubs and other sports.  The Gambling Commission's approach to implementing the Gambling (Licensing and Advertising) Bill ("the Bill") will inevitably mean that this significant source of income will disappear.

09 April 2014

Employment

Changes coming into effect in April 2014

The beginning of the new tax year on 6 April 2014 also sees a number of changes in employment law.  We highlight the main ones in this update.

04 April 2014

Music

The Consumer Rights Bill: changes on the horizon for digital content providers?

This is the age of digital content, where consumers are abandoning traditional media and instead accessing content in digital form. Recent statistics show that digital sales for music, video and games in the UK now exceed £1 billion each year, with 44% of sales in the entertainment market arising from digital formats in 2013.

11 March 2014

IP

Can ‘famous’ beat ‘descriptive’?

The Diary of Anne Frank, published by her family over 60 years ago and translated into 67 languages, has been read by millions. Given the popularity of the book, the family foundation, which holds the rights to Anne's works, sought to protect the title of the book THE DIARY OF ANNE FRANK, as a trade mark in the UK and at CTM level for goods and services in classes 9, 16, 39 and 41 (DVDs, films, text books, educational purposes and showing of films amongst others).  The UK IPO rejected the trade mark application on the basis that the trade mark was descriptive of the goods and services it sought to protect.

04 March 2014

Equity Capital Markets

Equity Capital Markets Update Q4 2013

This issue covers one of AIM's busiest quarters for some time. In the quarter running to 8 January 2014 there were 33 new admissions to AIM, which is more than double the number for the equivalent period in 2012, and a steady improvement on the 25 admissions in the quarter from July to September 2013. The money raised on these new admissions was more than double that of the previous quarter: £576.2m against £273.4m.

24 February 2014

Equity Capital Markets

Changes to the Listing Rules: protecting minority shareholders' rights in premium listed companies

Changes are expected to the Listing Rules regarding the rights of minority shareholders in premium listed companies that have a controlling shareholder. In response to concerns in the investment community over the interests of minority shareholders, the FCA began a review of the effectiveness of the Listing Regime in October 2012. Subsequently, near-final proposals for measures to protect minority shareholders rights in premium listed companies with a controlling shareholder were published in November 2013 (the full consultation paper can be accessed here). With implementation scheduled for mid-2014, such companies should understand how and when they will be affected.

24 February 2014

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