Vol.13, No. 51, Spring 2020
Back issue
Vol.13, No. 51, Spring 2020
£125.00
Contents
Page 6433
Agile Lawyering
Having been lucky enough to work for a high growth tech company for over 15 years and latterly part of a network of General Counsel of similar ilk, there are...Read more

Neil Murrin
General Counsel and Director, Regulatory Affairs, Trainline, UK
Page 6441
Social Media 2020: Corporate Risks and Regulation

In August 2018, Elon Musk tweeted about having secured funding to make Tesla a private company at USD 420 per share. The impact of this tweet was an immediate surge...Read more

Rajat Rashmi
Senior Manager - Legal, Cognizant Technology Solutions, UAE

Shilpi Sneha
Manager - Legal, Cognizant Technology Solutions, India
Page 6449
He Who Pays The Piper – The Independence of Experts in UK Construction Disputes and Civil Procedure Rule 35

After a criminal fraud trial over carbon credits collapsed and was abandoned in 2019, because an expert witness had no expertise and no qualifications, the Law Society Gazette announced on...Read more

Anthony Philpott
Barrister, Barrister (Direct Public Access and Authorised Litigator) UK - AP Legal Direct, UK
Page 6457
The recent proposals for a reform of the German patent act:
A true ‘modernisation’ of the patent system?

The ‘modernisation’ of the patent law has dominated the debates around intellectual property in Germany in recent times. The need for changes to the current system has been controversially discussed...Read more

Spyros Makris
IPR Policy Manager, Ericsson GmbH, Germany
Page 6465
Ten Things Civil Law-system Lawyers Should Know About Common Law Contracts (That They Didn’t Teach Me at Law School)
My most sincere apologies to those readers who are qualified in common law jurisdictions as this paper is mainly addressed to an audience of civil law-system lawyers who, as myself,...Read more

Sancho Guibert
Associate General Counsel, Citibank, Spain
Page 6475
Non-Profit Organizations: Protecting Well-Meaning Volunteers From Personal Liability

This foundation pertains to one of the largest, oldest, and most prestigious, international non-profit genealogical organizations in the world, headquartered in the USA (the “Parent Organization”), that has Member organizations...Read more

Charlie Morgan
Principal and General Counsel, HessMorganHouse LLC, USA
Page 6487
Amazon v. Donald J. Trump: A Massive Defense Contract Award Tainted by the Appearance of Impropriety

An unconventional U.S. president personally attacking the CEO of Amazon, one of the country’s largest and most impactful companies, is salacious news. Important public policy considerations are implicated when those...Read more

Rodney Sweetland
Vice President and General Counsel, Camris International Inc., USA
Page 6497
Covid-19 - A Contractual Nightmare
While COVID-19 (previously known as ‘2019 novel coronavirus’) has engulfed the entire world and authorities have been desperately implementing umpteen measures to contain the spread of this pandemic; from a...Read more

Arun Subash
Legal Counsel for Oil and Gas - E&P, Reliance Industries Limited, India
Page 6505
Expert Witnesses at a Conference with Counsel: A Pracitical Guide
This guide is intended to help expert witnesses understand the purpose of a conference with counsel. If you are a lawyer, you can cut out and keep this article to...Read more

Mark Solon
Managing Director & Solicitor, Wilmington, UK
Page 6511
Bilateral Investment Treaties and Amendments to the Corresponding Private Investment Contracts are Long Overdue: They Fail to Cater for the Interests of Both Investors and Beneficiaries


Revised policies for drafting bi-lateral investment agreements and investment contracts as products of these agreements are long overdue. By the same token, a reflection on the attitudinal changes on the...Read more

Professor Charles Chatterjee
Senior Research Fellow, Global Policy Institute, UK

Anna Lefcovitch
Solicitor, Arcadis, UK
Page 6527
Comparison in General: The Perils of Generic Disparagement
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In the midst of a lockdown due to the unprecedented outbreak of the novel coronavirus, Bar&Bench reported that in a disparagement suit filed by Hindustan Unilever Limited, Reckitt Benckiser agreed...Read more
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Surup Ray Chaudhuri
Counsel, United Breweries Limited, India
Page 6537
A Strategic View for the Applicability of the Duty of Care Doctrine in Consultancy Services Agreements
Consultancy services are becoming so relevant and necessary in all sectors that there is an urgent need to review the current models used to agree upon consultancy methods. After many...Read more

Fernanda de Cooker
Company Lawyer, MaxGrip B.V., Netherlands
Page 6545
Limits of Liability Provisions for IT Service Contracts
Some of the most negotiated and critical provisions in information technology (“IT”) service contracts are those relating to the limits and exclusions of liability. As a partner in private practice...Read more

Clive Davies
Legal Business Consultant, Clive Davies Consulting, UK
Page 6553
New Real Estate Transfer Tax (RETT) Rules for Share Deals in Germany

In Germany, real estate transfer tax (“RETT”) has to be paid in different percentages, depending on the respective federal state. This applies not only to asset deals but also to...Read more

Michael Schindlbauer
Legal Counsel, Eyemaxx International Holding & Consulting GmbH, Austria
Page 6559
What Makes a Great Compliance Leader?



Great leaders exercise emotional intelligence, and they are very adept at understanding their strengths and weaknesses as well as those around them and can assess a situation pretty accurately and...Read more

Fabiana Lacerca-Allen
Chief Compliance Officer, Cipla, USA

Brenda Crabtree
Director, Compliance Auditing and Monitoring, Aimmune Therapeutics, USA
Laura Hamm
Sr. Director, Corporate Compliance, Aimmune Therapeutics, USA
Lisa Mares
Executive Assistant, Compliance, Aimmune Therapeutics, Inc., USA
Page 6565
Building a Global Brand Protection Program from Inside a Small Company

It was his first time at the Canton Trade Show and Tim Demarais, Vice President of ABRO Industries, Inc., was shocked. He had just turned a corner in the cavernous...Read more

William Mansfield
Director of Intellectual Property, ABRO Industries Inc, USA
Page 6573
Smart Contracts – Self-Executing Contracts of the Future?

The first thing many people think of when they hear the term ‘smart contract’ is a contract that is somehow transposed into computer code and runs without any human intervention....Read more

Jelena Madir
General Counsel, Gavi, the Vaccine Alliance, Switzerland
Page 6583
Information Privacy and Data Protection in the Insurance Sector

This article seeks to propose some answers to such challenging questions, assisting insurance companies to comply with the LGPD in a manner that they protect the insured information privacy and,...Read more

Mauricio Carmona
Advogado Lawyer, American International Group, Inc., Brazil