News and Events

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Avoiding Risks in the Cloud: Part 3

Monday, April 16th, 2012

In Parts One and Two of this series of articles on cloud computing, we looked at some practical and contractual issues to consider when sourcing software and services from the cloud. In this final article we look at service levels, pricing, and exit strategies. Please click here to view Avoiding Risks in the Cloud: Part [...]

Posted in News and Events, Technical

Training Event: International Business Series: Corporate Manslaughter and Bribery Risks

Wednesday, April 11th, 2012

Event: International Business Series: Corporate Manslaughter and Bribery Risks
Date: Wednesday 23rd May 2012
Time: 9:00am – 11:30am
Venue: Hill Hofstetter LLP

Hill Hofstetter, in conjunction with independent insurance brokers Perkins Slade, invites you to a workshop on managing the risks of corporate manslaughter and bribery in the UK market, focusing on issues facing German-owned companies in relation to their UK operations and best practice and procedures to manage and reduce the associated risks.

We will highlight the potential liabilities of companies and their executives (such as UK board members who are German nationals) for corporate manslaughter and bribery, including key differences in law, culture and enforcement between Germany and the UK, and will cover the practical insurance issues such as ensuring adequate cover is in place for companies and executives.

Case studies will cover:

- Assessing and insuring for corporate manslaughter risks, demonstrating practical steps to avoid or manage risks.
- Bribery post the UK Bribery Act 2010: key issues and practical steps to avoid or manage risks.
- If the worst happens: key issues, complexities and pitfalls in handling an incident, claims, insurers and the UK authorities.

The workshop aims to equip FDs, senior managers and in-house lawyers of German-owned companies with practical ideas and solutions to help you protect your business in the complex fields of corporate manslaughter and bribery. The training will be CPD accredited for solicitors and insurance managers.

EL Trigger Judgment Restores Certainty for Businesses

Wednesday, March 28th, 2012

The Supreme Court has today (28 March 2012) handed down its long awaited judgment in the Employers’ Liability Trigger Litigation (EL Trigger Litigation). The litigation was brought to resolve the question of which employers’ liability insurance policy should respond to claims brought for the fatal disease of mesothelioma. The disease is nearly always caused by [...]

Employment News: Contracting Out of the State Second Pension

Wednesday, March 21st, 2012

Currently, employees may contract out of the State Second Pension, and join instead a contracted out occupational pension or personal/stakeholder scheme. When this occurs they receive a pension from the scheme, rather than the additional State Second Pension. When employees contract out of the State Second Pension, they, and their employers, receive a rebate in [...]

New ICC Arbitration Rules – A Step in the Right Direction?

Tuesday, March 13th, 2012

In September 2011, the ICC Court published a revision of the ICC arbitration rules. Unless the parties agree otherwise, these rules automatically apply to all ICC arbitrations commenced after 1 January 2012 (save for the emergency arbitrator provisions in Article 29 – see below). A criticism that is sometimes directed at international arbitration generally, and [...]

Employment News: Employment Law Changes – April 2012 and Beyond

Friday, March 2nd, 2012

Since coming into power the Coalition Government has launched an employment law review. Its objective is to achieve a flexible labour market to encourage job creation, an effective labour market to enable employers to manage employees productively and a fair labour market to create a level playing field for employers and employees. There have been [...]

European Commission Unveils Proposals for Wholesale Reform of Data Protection Regime

Thursday, March 1st, 2012

The European Commission has officially published proposals for a major revamp of European data protection laws. The current Data Protection Directive was published in 1995, with the UK’s Data Protection Act following in 1998. Given the rapid expansion of the Internet as a means of storing and distributing personal information, with an accompanying increase in cross-border data sharing, the current rules had become increasingly unfit for purpose. The Commission intends the new framework to be “strong, consistent, [and] future-proof”.

A draft of the new proposals was leaked in November 2011. The proposals published on 25 January 2012 reflect a more watered down version of those contained in the leaked draft, but will still represent significant changes for all businesses that deal with personal data, and are likely to lead to both additional cost and increased risk for those businesses. The headline changes fall into three main groups – administration, protections for individuals, and enforcement.

Shareholders Beware – A Clear Statement of Intent by the SFO

Tuesday, February 28th, 2012

On 13 January 2012 the Serious Fraud Office (SFO) obtained, for the first time ever, a Civil Recovery Order against a shareholder of a company involved in historic bribery. The SFO is the body responsible for the enforcement of corruption offences in the UK, including those under the Bribery Act 2010. The order requires the repayment of a dividend of £131,204 on the basis that the money represented ‘property obtained through unlawful conduct’ under Part V of the Proceeds of Crime Act 2002.

Employment News: Social Networking – Managing Employment Issues (Part 2)

Friday, February 24th, 2012

The power and reach of social media continues to increase and its impact can clearly be seen, whether through the recent public sector strikes, where trade unions realised the power of mass communication to engage with their members, or through the summer riots, where social media played a key role in organising those wishing to spread violence.

Employers are increasing their use of social media for recruitment, advertising and sales. It continues to raise a number of key employment related issues. This update focuses on issues associated with the use of LinkedIn, guidance developed by ACAS and will also highlight recent cases. Please note however, that the case law discussed is not binding, but is a useful demonstration of how the Employment Tribunal is approaching the issue of social media in the first instance.

Agency Law – Your Questions Answered

Tuesday, January 10th, 2012

This article originally appeared in the December 2011 edition of ‘Agentsnews’ the Journal of the Manufacturers Agents Association. In this article, Hill Hofstetter partner Larry Coltman addresses some of the current legal issues facing agents and principals. Question I met a new principal at a trade show five years ago at the NEC. I sell menswear and [...]