Lessons from post GDPR data breaches and ICO enforcement actions
The GDPR has been a game changer for data breach notification. Data breach notification is mandatory for all businesses, depending on whether they act as a controller or processor and on the likely impact of the data breach on individuals. Further, a rather onerous deadline for notification applies ...
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COVID-19 and data protection in international arbitration
The implementation of the GDPR in May 2018 brought data protection to the forefront as a major commercial consideration.
The scope of the GDPR is wide, applying to any businesses outside the EU providing goods or services to individuals in the EU, in addition to businesses based in the EU. It is th...
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IT solutions for electronic documents signing
Due to the ongoing healthcare emergency caused by COVID-19, signing documents is one of the many activities that became more complex as a result of the extended lockdown period.
Before the current restrictions, signing a contract by exchange of correspondence was not particularly difficult to imple...
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Adjudication in construction contracts: What next for relief?
Multi-level dispute resolution mechanisms are common in construction contracts today, and a recent decision in the Supreme Court of Appeal (SCA) sounds a note of caution on applying to the courts for relief while still pursuing these contractual mechanisms.
In the recent case of Ekurhuleni West Col...
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Succession Planning for Law Firms and Rewards for Retiring Lawyers
This article is based on the book of the same title published by the authors in the United States. For international readers, specific references to local law, regulations and ethical standards have been eliminated. At the same time, the operation of law firms in other countries, including man...
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Technology M&A: why understanding the technology involved is a key to success
Our contribution discusses the key legal issues in technology M&A transactions. While we have written this contribution from a Belgian law perspective, we mainly focus on the contractual peculiarities and the process itself, which are probably quite similar and thus also relevant in other jurisd...
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Towards a new regulation frame on the transfer of footballers: Evolution or revolution?
FIFA (Fédération Internationale de Football Association), since the election of Mr. Gianni Infantino as its new president, has intended to draft a new Regulation on the Status and Transfer of Footballers. The aim is to try to agree with all and every stakeholder in the football family:...
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Introduction of Working Remote: Challenges of Data Protection during Covid-19
Companies around the world are facing various challenges because of the Covid-19 outbreak. In order to support fighting the corona pandemic and to adapt their daily business to this exceptional situation, many of them have started or plan to start implementing working remote at short notice. However...
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Public Procurement Bill aims to simplify processes
South Africa is awash with numerous public procurement laws exacerbated by further COVID-19 related regulations. The current version of the public procurement Bill aims to unify the laws dealing with public sector procurement by creating a singular regulatory framework that applies to local, provinc...
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Creativity in the law
Increasingly, employers are seeking employees who can think and act creatively. But just what does it mean to think and act creatively in the law? In answer, it is worth looking to the different ways in which the law connects with different aspects of creativity theory. Historically, philosophically...
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Litigation Finance – supporting law firms and their clients
Over recent decades, regimes around the world have begun to legalise third-party funding of litigation. Taking England & Wales as an example, the expenses of litigation were not transferrable less than a decade ago. Until that point, the historic principles of Champerty and Maintenance barred a ...
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Lawyers and online customer service hygiene rules, remote work and prospects for the post COVID-19 future
Society is expected to significantly change in the post covid-19 world. The people, in general, have felt the strong impact of the pandemic on their daily lives and we expect many bankruptcies – most of those we have already seen are related to the tourism industry. Small and medium sized busi...
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BonelliErede: people are the priority
When news first hit that the coronavirus had made its way to a small town southeast of Milan, few could possibly imagine what lay in store for the region, the country, or the rest of the world for that matter. BonelliErede, with its headquarters in Milan, suddenly found itself on the front lines. It...
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The time clauses in Indian Arbitration Act: Doing more harm than good?
In the article the author considers the mandatory time limits imposed upon the arbitrator and the supervisory Court by the Arbitration & Conciliation (Amendment) Act 2015 (referred herein as time clauses) . The author sets out the Indian judicial decisions about the time clauses especially...
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Reducing stress and burnout in the legal profession: It’s more than fruit bowls and flexible working
Stress is a growing problem across the legal sector which affects the well-being and productivity of both senior and junior staff members. The problem is multifaceted. On the one hand it could be argued that individuals need to learn new coping or resilience skills. On the other hand, firms could an...
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Blockchain surge: An Indian perspective
As early as 1991, Stuart Haber and W. Scott Stornetta were the first to develop a technology that could inscribe information in small digital blocks using cryptography. In simple terms, cryptography refers to a method of storing and transmitting data in a particular form so that only those for whom ...
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Cyber threats and the need for a coordinated approach
Any organization may be the target of a cyberattack, and such attacks may occur anytime. Common cyber threats such as malware, information leakage, ransomware or phishing could have serious – if not existential - consequences for organizations. Hence, Cyber is among the most substantial risks ...
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COVID-19 versus Climate Change Impacts: Lesson Learned during the Pandemic
This article explains legal implication of COVID 19, and the similarity of the Pandemic to Climate Change Impacts. As countries battling with COVID 19, it is apparent that there are several legal implications: Individual rights v. governmental power during the State of Emergency or similar eme...
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Sediment and tremors: the impact of AI on legal services
The legal profession has evolved gradually over time, layer on layer, keeping the same basic structure for a hundred years. There has been no earthquake. But as machines have grown increasingly competent, there are tremors - points of friction threatening to open cracks. Firms cannot stay neutral in...
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COVID-19 relief measures implemented in Denmark
As in the rest of the world, Denmark is fighting the effects of COVID-19. The Danish Government and the parties represented in the Danish Parliament as well as the labour market parties have introduced relief measures to safeguard the Danish industry and labour market. The measures include salary co...
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The importance of the force majeure clause in today's sports environment
In today’s sports environment, written contracts dictate how billions of dollars change hands annually. "Professional Service Agreements" between teams and their players, agreements between players and agents, sponsorship and endorsement agreements between athletes and major companies or those...
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Complaints against the French government and State in relation to COVID-19
In an attempt to deal with feelings of helplessness, grief and anger, many French citizens have felt a visibly pressing need to question the responsibility of their government and State in managing the crisis relating to the Covid-19 pandemic. In order to do so, two cumulative procedural avenues are...
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COVID-19 in Brazil: claims against the Government
The outbreak of the new coronavirus required emergency measures by Federal, States and Cities Governments in Brazil. The measures impose restrictions to a sort of activities that will affect the capacity of the respective providers to collect revenues. In this sense, the intervention of the Governme...
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Global Whistleblowing- getting it right
Whistleblowing has been in the spotlight over the last few years with military whistleblowing from Edward Snowden and Chelsea Manning, to a whistleblower's revelation that led to the Trump-Ukraine scandal and the US President's impeachment proceedings, to the very recent case of Li Wenliang, a Chine...
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Res Judicata in Domain Name Proceedings - Recent Cases in Hong Kong
Domain names are bought and sold on the aftermarket every day, and thus domain name protection is increasingly important to trademark holders and licensees. In order to protect their domain names and fight against cybersquatters, a growing number of individuals and companies are filing domain name c...
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Design Tips That Will Transform Your Law Firm’s Website
What does your website say about your firm? Your website homepage is the most important page on your website. It is your “digital first impression,” and should reflect your firm values and goals and be easily understood.
Given 15 minutes to consume content, two-thirds of people wo...
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Demystifying Arbitrators
Arbitration is an alternative mode of dispute resolution which affords parties and the tribunal tremendous flexibility. Generally speaking, the power of arbitrators is found in the arbitration agreement, the arbitral rules if and when applicable, and the legislation of the seat of arbitration....
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Cybersecurity, Law, and Leadership: Four Unique Perspectives
On a topic as broad and evolving as cybersecurity, it’s only natural that leadership guidance and principles should run a similarly wide gamut. Rather than seeking out one voice to weigh in on such a loaded topic, we will instead hear from an eclectic mix of opinions that are truly ...
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FDI in India: A bird’s eye view
Liberalising foreign investment norms and encouraging inflow of FDI have been some of the key focal points of the Indian Government's economic policy for the past decade. For over six fiscal years, India has seen a steady increase in FDI inflows, interrupted for the first time in the first financial...
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Noel Clerkin
Reducing stress and burnout in the legal profession: It’s more than fruit bowls and flexible working
Stress is a growing problem across the legal sector which affects the well-being and productivity of both senior and junior staff members. The problem is multifaceted. On the one hand it could be argued that individuals need to learn new coping or re...
Reducing stress and burnout in the legal profession: It’s more than fruit bowls and flexible working
Stress is a growing problem across the legal sector which affects the well-being and productivity of both senior and junior staff members. The problem is multifaceted. On the one hand it could be argued that individuals need to learn new coping or re...
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