Brian Kotick

I found the Q&As covering the upcoming UK merger control reforms along with the one-page handout setting out key facts and figures particularly helpful #DMCCBill #DMCCAct #digitalmarkets #ukmergercontrol #competitionlaw #AddleshawGoddard

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Legal Practice Management (LPM) polled over 60 UK law firm leaders in their annual Frontiers report to learn:      •What the competitive landscape looks like   •How confident leaders feel about the coming year’s financials   •Which business transformation challenges are the top priorities to tackle   •Technology investment plans and challenges       Download the report for free today to discover what law firm leaders are prioritising for the next 12 months    https://lnkd.in/eYVS95q8      #legalsoftware #legaltech #lawfirm #lawyers #SMElawfirm #legalvalues #LPMFrontiers2024  

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Massachusetts Lawyers Weekly has written about a recent Appeals Court decision where the court ruled that civil defendants were liable for prejudgment interest on legal fees awarded based on a prevailing party legal fee provision in a commercial lease. Bernkopf litigator Robert Stetson highlighted a crucial aspect of the ruling: "The court's characterization of appellate legal fees as part of the 'damages' award for pre-judgment interest purposes underscores the importance of clearly labeling fee-shifting provisions in contracts. This could prevent unnecessary litigation over the applicability of such fees." This decision is a significant reminder for litigators to carefully consider the implications of labels in their fee-shifting provisions in their contractual agreements. Read the full article here: https://lnkd.in/gRUrTz_m

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I’m intrigued by the logic of identity verification. Currently, I’m involved in a project that requires a registered company to be verified as validly existing. Companies House shows all the relevant information; and, the Directors are liable if they give or allow false information to be used. This seems reasonably cast iron in terms of veracity. However, that’s not sufficient for a particular organization. They want us to produce two letters from two, independent third parties. Those letters must be addressed to the registered office of the company. I thought about this. Where do the two third parties get their information? Could it be …. Companies House? On that basis, everyone is actually using Companies House information, it’s just that one organization wants at least two others in the line. Is it a numbers thing - three organizations can’t be wrong? (Of course, they can be.) Ultimately, how does anyone prove, irrefutably and in this context, that a statement is factually correct? Our registered office is where we say it is, but there’s nothing irrefutably certain about that - we might be making it up, and using elaborate means to convince everyone! It seems that the verification process is built on sand!

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After several years of debate and consultation, the UK Digital Markets, Competition and Consumers Act has finally received Royal Assent. The Act brings about the most significant reforms to the UK’s competition and consumer regimes since the CMA was established in 2014, and introduces a new regulatory regime for digital markets. Our blog sets out the key areas of reform. Do get in touch with our cross-disciplinary team of competition and consumer agency-facing and litigation specialists for further updates and insights on the Act, related CMA guidance and implications. #cma #antitrust #consumer #digital

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Legal Practice Management (LPM)'s annual Frontiers report is a comprehensive analysis of the strategic priorities of SME law firms. LPM polled over 60 UK law firm leaders in this annual snapshot to learn: •What the competitive landscape looks like •How confident leaders feel about the coming year's financials •Which business transformation challenges are the top priorities to tackle •Technology investment plans and challenges Download the report for free today: https://lnkd.in/eYVS95q8 #legalsoftware #legaltech #lawfirm #lawyers #SMElawfirm #legalvalues #LPMFrontiers2024

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From 1 January, one of the last Brexit-related complexities in intellectual property law will be simplified. Changes to the UK Supplementary Protection Certificate (SPC) system will make the application process easier as explained by Martin Crow in the linked article.

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In this ‘quick read’ piece, Nicola Jackson, Partner, highlights the significance of the ADGM Courts’ latest judgment in the NMC case, which holds that fraudulent and wrongful trading claims can be brought retroactively, and draws important parallels between ADGM and English law. To learn more, please follow the link: https://lnkd.in/dsNt7r_g

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Which UK region sees the highest number of potential competition law infringements? Interestingly the CMA has, for the first time, published heat maps illustrating where it has issued warning and advisory letters to businesses it is concerned may be breaking competition law and whose practices could be harming consumers. #UK #CMA #CompetitionLaw

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🌟 As we step into 2025, the UK litigation landscape is set for dynamic shifts marked by regulatory changes, technological advancements, and evolving market pressures. 🔍 Andrew Poulton, Elly Proudlock and I gave some thoughts to Commercial Dispute Resolution (CDR), covering topics from litigation funding to the Economic Crime and Corporate Transparency Act. It was super interesting to hear what others in the market had to say about what 2025 holds in store for us as well. Read the full article here 👉 https://lnkd.in/grbkttJK

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Looking forward to speaking at the 2nd Annual Digital Markets Competition Regulation Forum in September, catching up with some familiar faces and hopefully making new contacts. #competitionlaw #collectiveaction #classaction #classactions #competitionlitigation #competitionregulation

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New UK litigation funding legislation that would reverse the impact of the Supreme Court's PACCAR judgment could materialise next year, with implications for competition law collective proceedings as well as other types of mass actions in the UK. My colleague Emilie Jones comments below 👇 Pinsent Masons; Out-Law News #massactions #classactions #competitionlitigation #competitionlaw #antiturst #litigationfunding #pinsentmasons

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Another great new practice note to promote, written in partnership with Fiona Garside and Duncan Liddell at Ashurst: 'The Competition Act 1998 (Research and Development Agreements Block Exemption) Order 2022' Very much self explanatory, this practice note provides a breakdown of the key elements of the block exemption and complements our other horizontals practice notes and checklists published recently. Link below (subscription required): https://lnkd.in/eHAgCcjn #researchanddevelopment #blockexemptions #lexis #lexisplus #antitrust #competitionlaw

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For over 30 years, Litera has empowered 2.3M+ legal professionals, including 99% of the Am Law 100, to amplify their impact. Discover how we’re using GenAI to transform the legal experience with smarter, faster solutions that deliver insights right when you need them. https://bit.ly/4fS3eQJ

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The new UK government is pushing forward with the reform to the Arbitration Act 1996, as mentioned in the King’s Speech on 17 July 2024. Moya Faulkner, arbitration expert, looks at what the Bill is seeking to accomplish. The Bill is currently under review and has now been committed to a Committee of the whole House, with potential amendments to address issues like corruption raised by recent high-profile cases. #arbitration #internationalarbitration #commercialdisputes #disputeresolution

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In the May edition of the Radius Law Commercial Bulletin, in association with LexisNexis, Iain Larkins, Founder of Radius Law, and Sandra Martins, a Senior Lawyer at Radius Law, discuss: - limitation of liability for failing to pay; - the Supreme Court's ruling against Amazon for trade mark use; - 'click to accept' online terms; - the CMA closing its fashion retailer greenwashing investigation; - directors' climate duties; - regulating artificial intelligence; - new guidance on changes to holiday pay; and much more! Watch the full bulletin below. #law #legal #SupremeCourt #CMA #lexisnexis #radiuslaw

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Whilst many firms are racing to finalise their implementation of the #ConsumerDuty for closed products and services, it's important not to lose sight of the requirements for the annual governing body report which, for many will need to be achieved on similar timings. Our recent podcast explores some of the key requirements for the report; the governance process which sits around it and what firms will need to do next... 👇 Norton Rose Fulbright

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🫣😜Why are American contracts so shouty? 🧘🚫As an English-law qualified #solicitor with a penchant for formatting, calmly reading through an agreement and then being affronted by an ALL CAPS THIS IS SERIOUS STUFF clause can sometimes disrupt my zen-like reviewing flow. 🌊❓But why do our #legal counterparts across the pond do this? Topic of discussion over a dinner last night with Jessica Vautier and Alison Berryman. I continued mulling it over on the commute this morning - anyone who knows me knows I love to get to the WHY. 🏈💭Well, an interesting discussion on Ken Adams blog (linked in comments below) seems to reveal that the requirement is for certain wording to be CONSPICUOUS - rather than capitalised. The requirement could also be met by underlining, putting in italics, bold or in another colour. 😇😅 I rather like that the Cambridge dictionary definition of conspicious is "very noticeable or attracting attention, *often in a way that is not wanted*" - for me that is 💯 accurate when going through a shouty paragraph.

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