REUTERS | Christian Charisius

An in-house lawyer’s edict when negotiating a contract is simple: “make sure our risk exposure is as low as possible” and of course, “let’s sign this as soon as possible!”

How can a business translate its risk exposure into its contracts and how can the in-house lawyer facilitate the business with this?  Practical Law Commercial’s new Practice Note, Allocating and controlling risks in commercial contractsexplains how contractual clauses can be used to allocate and control risks between the parties.

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REUTERS | Mike Blake

It’s that time of year again. Many of us are currently facing the music, getting back to our desks and trying to work out what we’ve missed. With that in mind, I’ve compiled a short digest of some of the key pieces of current awareness covered by Practical Law over July and August. These centre on Brexit (inevitably), corporate governance, data protection, modern slavery and the gender pay gap.  Continue reading

REUTERS | Jon Nazca

Brexit: August 2018 round-up

In August, the government outlined its preparations for a no-deal scenario and published the first 25 in a series of “no deal” technical notices.

No-deal Brexit speech

“No deal” describes the scenario in which the UK and the EU fail to conclude a draft withdrawal agreement by the time of the UK’s exit from the EU. Instead of a co-ordinated or negotiated departure that would minimise disruption for businesses and individuals, this would result in a lack of transition period and a sudden “cliff-edge” break in the application of EU rules to the UK at 11pm on 29 March 2019. Continue reading

REUTERS | Mike Blake

Key items on the agenda for businesses this month include a consultation on a new Centre for Data Ethics and Innovation, the launch of an independent review of the Modern Slavery Act 2015, a report on gender pay gap reporting and publication of revised guidance on the strategic report.

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REUTERS | Global Creative Services (no copyright)

Practical Law has recently launched a survey to help in-house legal departments benchmark their approach to technology. The survey looks at how technology is impacting the working lives of in-house lawyers across the board covering everything from the impact on their day-to-day work, the changing needs from the business in terms of advice on technology-related procurement and development, to the use of legal tech within in-house legal departments themselves.

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REUTERS | Luke MacGregor

Brexit: Finding certainty

Brexit readiness for businesses has slowed considerably.  A combination of uncertainty and GDPR preparation has pushed it to the back of the agenda for in-house lawyers. But with only seven and a half months to go before the leave date (and a potential no deal scenario) we must find some certainty before we run out of time to make decisions and enact contingency plans.

In our recent survey with Acritas, Attitudes to Brexit – In House Lawyer Perspectives Across Europewe found that three quarters of European in-house lawyers are spending less than 10% of their time preparing for Brexit, with some spending none at all. A huge 63% of respondents are expecting Brexit will be business as usual for them with no increase in legal work. But in the UK we cannot assume it will be business as usual and we do not have the luxury of waiting for certainty on the legal framework of Brexit.

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REUTERS | Gloabl Creative Services (no copyright)

The development and use of artificial intelligence (AI) continues its inexorable momentum. Investment in AI is skyrocketing. However, with a few exceptions, how AI relates to the work of in-house lawyers on a day to day basis remains somewhat distant and confusing. This post aims simply to provide some food for thought on future governance in this area which can seem at once extremely exciting and utterly overwhelming. Continue reading

REUTERS | Corbis

The new rules for the tax and class 1 NICs treatment of termination payments took effect from 6 April 2018. Nearly four months on and, even with the benefit of HMRC guidance, it is fair to say the application of the new rules remains uncertain in many, relatively common, termination scenarios. This blog post is intended to highlight some of the issues causing problems in practice. Continue reading

REUTERS | Mike Blake

This month, in-house lawyers will be continuing to digest the new version of the UK Corporate Governance Code, which was published in July, together with the Financial Reporting Council’s (FRC) revised version of its Guidance on Board Effectiveness.

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