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In-House Insights

We understand that the challenges faced by in-house legal teams are varied and changing rapidly. Our In-house hub provides resources to help provide guidance on a variety of legal and business issues specifically for in-house counsel.

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Preparing for Green Reforms: Impact on the retail sector

Following on from Mishcon de Reya's Retail Academy session last year on this topic, Olivia Fulton and Alexa Lamont provide an update on key EU green reforms affecting the retail sector and ways your business can prepare for the changes.

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Supreme Court makes a lifestyle choice on directors' liability

Directors are often more than just the hearts and minds of a company. To an IP owner, they can be the solvent alter ego of an infringer in financial difficulties but will the law impose a financial liability on the humans through which an inanimate corporate entity infringes an IP right, or does the corporate veil provide those individuals with an impenetrable shield in all but the most flagrant circumstances? Against this backdrop, the Supreme Court's decision in Lifestyle Equities v Ahmed has arisen.

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The CMA's plans to mitigate a "winner takes all dynamic" in the AI Foundation Models market

In May 2023, the UK's Competition and Markets Authority ('CMA') launched a review into AI Foundation Models. In its initial findings, published on 18 September 2023, the CMA proposed principles to "guide the development and deployment of Foundation Models (FMs)" for the benefit of competition and consumer protection. We summarised these findings in our article Generative AI: CMA's initial report on AI Foundation Models ('Initial Report').

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New challenges to the narrow interpretation of directors' duties

Rising physical, transition and litigation risks may not alter the essential nature of directors' duties to promote the success of the company 'for the benefit of its members', but they increasingly demand most businesses to make significant changes to governance and management practices.

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Compulsory ADR out of the weeds – will the court order parties to mediate?

The recent judgment handed down by the Court of Appeal in Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416 represents a seismic change in approach for alternative dispute resolution (ADR), casting aside the decision in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 and paving the way for a new regime of compulsory ADR.

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Exclusion clauses in commercial contracts: the reasonableness test

The Court of Appeal's recent decision in Last Bus Ltd (t/a Dublin Coach) v Dawsongroup Bus and Coach Ltd & Anor [2023] EWCA Civ 1297 has provided a useful reminder of the circumstances in which commercial parties can (and cannot) exclude statutory implied terms and confirmed that the English courts might not be as hesitant to interfere with commercial contracts as is often assumed.

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