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Limited version Continue reading “Access your print copy online – LB297”
Dan Webster, group general counsel at Harrods, discusses what it takes to advise one of the world’s most recognisable department stores
I studied law at the London School of Economics and went to law school in Chester. I got a training contract at what is now CMS. I qualified in litigation, stayed a couple of years at CMS and then moved to SNR Denton. I stayed there for a few years and then decided I wanted a change. To my surprise, an opportunity came up to be an in-house litigator at Harrods, where the then-owner was famously very litigious. Once at Harrods, I quickly realised I was meant to be an in-house lawyer and, over time, I’ve evolved into a commercial, corporate, employment, IP all-rounder. Continue reading “In-house: The client perspectives”
Anyone making a business trip to Tirana 20 years ago was in for a surprise if they ventured outside the comfort of the city’s hotels to see what was on offer. There was plenty of interest in the obvious sights – the derelict Piramida, built to honour Albania’s dictator, Enver Hoxha, or Skanderbeg Square, with its stately neo-Renaissance buildings – but there was something else, too. There was colour. And lots of it.
Albania had recently emerged from Hoxha’s repressive, quasi-Stalinist regime and Tirana’s mayor, Edi Rama – now the country’s 33rd prime minister – had celebrated by painting the town pink. And yellow. And lime-green. And, seemingly, just about any other bright colour that was available. Tirana’s buildings were making a statement. The millennium had dawned and the post- Soviet era was over. Continue reading “Southern and Eastern Europe – A different hue”
After delivering his keynote address at this year’s World Economic Forum in Davos, President Trump immediately left to catch the plane home. En route to Air Force One, every bridge crossing the highway on which his limousine passed was closed, doing everything to sweep aside potential delays to his exit. Yet despite being the world’s most expensive country to live, few locals ever choose to emigrate from Switzerland – except perhaps to retire in warmer climates.
And why would they? Swiss citizens enjoy a high living standard, low levels of inflation, unemployment and crime and enviable economic and political stability. ‘Even if the cost of living is high, the high salaries, the high quality of life, the beautiful landscape, security – all of that creates an attractive package,’ says Daniel Hochstrasser, managing partner of Bär & Karrer. Continue reading “A very clear shift – Remaking the Swiss economy”
A group of elite firms using their vast resources to further reinforce in the City; a larger group suffering attrition or stasis as their presence wanes – 2019 proved to be another year of diverging fortunes for international firms in London. When you add to the mix that the leading brands have seen UK revenue outstrip global growth once more, at first glance it all seems a continuation of last year’s narrative.
However, the story is not as straightforward. True, overall lawyer count among the Global London 50 reached 7,434 – a steady 4% increase on last year. But compared to 2018’s 7% growth (or 15% if you include Bryan Cave Leighton Paisner (BCLP)’s debut), the advance of foreign advisers in the City has slowed as their outposts mature. Continue reading “Global London Overview – Vantage points”
Upon confirmation of the spread of Covid-19 in Turkey with the declaration of the first case on 11 March 2020 and simultaneously with the World Health Organization’s declaration of COVID-19 as a global pandemic, government started to take certain measures including banning people above the age of 65 from going out; closing down certain workplaces. The measures are actively changing based on the evolution of the pandemic disease, yet, no complete lock down has been announced for many sectors but companies are encouraged to take their own measures during this period. This article mainly focuses on the impact of the Covid-19 pandemic on the employment relationship by presenting possible options provided under the Turkish labour legislation.
It is globally accepted that the Covid-19 pandemic is a force majeure event. However, force majeure provisions provided under the Labour Code (Law No 4857) (published in the Official Gazette dated 10 June 2003 and numbered 25134) (Labour Code) allow parties to terminate the employment relationship under limited circumstances. Continue reading “Sponsored briefing: Labour law issues in Covid-19 crisis”
The Banking Regulation and Supervision Agency (the BRSA), the Central Bank of Republic of Turkey (the CBRT) and the Banks’ Association of Turkey (the BAT) have swiftly taken several measures after the declaration of the first confirmed Covid-19 case in Turkey on 11 March 2020 in order to mitigate the outbreak’s impact on the financial markets and soften expected disruptions in commercial activities that may be caused by Covid-19. Such measures are set forth by the relevant regulators in order to provide flexibility to financial institutions (the FIs) to ensure (i) financial stability of the FIs and (ii) meet FIs customers’ needs such as facilitating cash flow of individuals and SMEs which are likely to be the most affected by this outbreak and ultimately to mitigate the macroeconomic effects and risks arising from Covid-19 in financial markets.
Firstly, the BRSA, in its press release dated 16 March 2020, indicated that the business continuity plans prepared routinely by banks in accordance with the Guide on Management of Operational Risks with the aim of continuity of FIs’ activities and limitation of losses which arise from severe business interruptions are re-examined by the BRSA and in this regard all necessary measures are taken. This measure has been taken by the BRSA within the framework of prudent supervision approach. Continue reading “Sponsored briefing: Measures taken by the regulatory authorities in the banking sector regarding the Covid-19 outbreak”
Norton Rose Fulbright (NRF) is asking its staff to agree to a 20% cut of weekly working hours and delaying profit distribution to partners in response to the Covid-19 crisis.
The firm announced today (20 April) it is asking its employees to sign up to a temporary change of their contract for one year from 20 April which will make them eligible to move to 80% of their working hours and base salary. Continue reading “NRF asks staff to cut working hours by a fifth and defers partner pay in re-introduction of financial crisis-era flexi scheme”
Businesses have shown remarkable resilience through an era defined by increasingly rapid change. Innovation, diversity and agility have driven adaptability and resilience. But now such resilience is facing a far more severe test in the shape of the coronavirus pandemic sweeping through societies and economies. Yet well-led businesses identify themes and opportunities emerging even from this crisis.
General counsel have the challenge of juggling (i) strategy – working with their boards on strategy and performance; (ii) legal issues and regulatory change; and (iii) team leadership and delivery (who, what, where, how). Identifying a framework and common themes can help decision-making. Continue reading “Competition, supply chains and act of God clauses – First considerations for GCs in their Covid-19 responses”
Cadwalader, Wickersham & Taft has become the latest firm to take drastic financial measures as the Covid-19 pandemic reaches new heights – suspending partner pay and cutting salaries elsewhere.
The move comes as the number of confirmed cases of the virus in the US soared to nearly 200,000 today (1 April) and the number of deaths reached 4,000. Cadwalader will stop paying partners, reduce associate salaries by 25% and impose pay cuts of 10% to 25% on staff to mitigate the economic impact of the crisis as it hits businesses around the world. Continue reading “US worst hit as Cadwalader becomes latest firm to respond to Covid-19 with pay cuts”
In a significant move for the future of large data breach and privacy cases, Morrisons Supermarkets has successfully defeated a group litigation claim following a decision by the Supreme Court this morning (1 April).
The case centres on whether a company can be held vicariously liable for the actions of a single employee, after thousands of members of staff found their personal information disclosed on the internet by a rogue employee in the company’s audit team. Continue reading “Supreme Court rules in favour of Morrisons in landmark data breach case”
The novel coronavirus, now officially known as COVID-19, was first seen in Wuhan, China in December 2019 and continues to spread rapidly worldwide. The World Health Organization (WHO) declared it an ‘epidemic’ first and then a ‘pandemic’ on 11 March 2020.
As COVID-19 cases continue to surge amid crashed markets and overwhelmed healthcare systems, it is also taking a toll on contractual relationships as countries continue to take drastic measures to flatten the curve of the pandemic. These measures include the ordering of curfews, travel bans and state of emergencies, all of which undoubtedly have enormous impacts on businesses and contracts. Continue reading “Sponsored briefing: The COVID-19 Handbook – Force majeure and contracts”
Since the COVID-19 coronavirus was first reported in Wuhan, China in December 2019, strict and unprecedented measures have been gradually imposed by governments around the globe to limit risks of contagion. On 11 March 2020, the severity of the phenomenon was emphasised by the World Health Organization (WHO)’s declaration of COVID-19 as a global pandemic. As circumstances continue to evolve, substantial business and operational disruptions are a cause of great uncertainty that now reigns in various sectors and trade relations around the world. The implications are particularly profound when it comes to performance of contractual obligations in view of COVID-19’s far-reaching socio-economic effects. In this context of a health crisis exacerbated by the unexpected nature of the outbreak, the main issue is whether parties to affected commercial contracts may invoke force majeure as an argument to justify for failure to perform their contractual obligations.
For contracts governed by Turkish law, the first observation to be made is that the concept of force majeure and its defining conditions are not explicitly provided in the Turkish Code of Obligations (TCO) (published in the Official Gazette dated 4 February 2011 and numbered 27836) (Law No. 6098). The Court of Cassation has come to clarify at various occasions what should be understood by force majeure and under which circumstances parties are entitled to rely upon this concept. Within the framework of the case law and legal doctrine, it can be said that force majeure is deemed to arise when a contracting party’s performance is materially affected by (i) an event beyond his reasonable control, (ii) the effects of which could not have been foreseen at the date of commencement of the legal relationship and (iii) avoided despite all appropriate measures being taken. Continue reading “Sponsored briefing: How to handle contractual disputes in the COVID-19 era”
Int-Arb Arbitrators & Mediators (Int-Arb), the specialist set of advocates launched earlier this year, is opening a new branch in Washington DC with the recruitment of its latest member.
The veteran mediator and arbitrator Wolf von Kumberg becomes the sixth tenant at Int-Arb, the set and membership service for independent practitioners launched in January. Von Kumberg, who joins from ArbDB Chambers, will split his time between Int-Arb’s central London offices and the new branch in Washington. Continue reading “Pioneering City arbitration set secures DC launch with latest member”
