When can a business prevent its former employees from approaching or dealing with its clients, and how far can an individual go before their actions amount to a breach of their obligations? In the second part of our new series on restrictive covenants and other forms of business protection, Partner David Fisher looks at the enforceability […]
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The aim of an independent investigation is to establish findings of fact. This often arises following allegations of serious misconduct, financial mismanagement, bullying, harassment, sexual misconduct, and regulatory breaches, but can also be initiated by an employer of its own volition where matters may give rise to serious concern. In our experience, having acted as investigators, […]
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Is It Too Soon For Executives (and Partners) to be Celebrating Their Release from US Non-Competition Restrictions?
May 1st, 2024 by Stuart Smith
On 23 April 2024, the US Federal Trade Commission (FTC) announced its final rule banning non-compete clauses across the United States of America (Final Rule). In a 3-2 decision, the FTC determined that non-compete clauses are an unfair method of competition and so violate s 5 of the Federal Trade Commission Act (FTC Act). This is […]
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Eradicating Age Discrimination in Professional Services Partnerships
February 28th, 2024 by Stuart Smith
In this article, first published by Accountancy Daily, Managing Partner Clare Murray and Trainee Solicitor Rachael Parker discuss the challenges of unlawful age discrimination, retirement and succession planning faced by professional services firms. The issue of succession planning and the risk of unlawful age discrimination remains a persistent challenge in professional services, including accountancy and law firms. […]
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5 Key Issues to Consider When Terminating Overseas Executive Agreements
July 31st, 2023 by Stuart Smith
Despite Brexit and the rising cost of living in the UK, the number of non-UK nationals working in the UK has increased in 2023 and according to Labour Force Survey statistics published in May 2023, the total may be as many as 4.26 million. The number of work visas and skilled worker visas have both […]
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The Role of Ethics in Client Acceptance – When Can and Should Firms Refuse Client Work?
April 17th, 2023 by Stuart Smith
In this article, first published by The Law Society Gazette, Partners Corinne Staves and Andrew Pavlovic set out what law firms need to think about before rejecting clients on ethical grounds. Recently we have seen some members of the bar pledge that they will not act against peaceful climate activists or for new fossil fuel projects. They argue the climate […]
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Trends in International Employment Hires
April 6th, 2023 by Stuart Smith
Large global companies with specialist HR business partners and a well-developed relocation scheme, are familiar with the issues surrounding legal, payroll and tax that need to be considered in an international context. However, many smaller companies looking to expand into the UK and perhaps from the UK into European countries, often find the multiplicity of […]
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Beyond ChatGPT: AI Considerations For Law Firms
March 29th, 2023 by Stuart Smith
This article was first published in Law360 on March 24 2023. Since the launch late last year of ChatGPT, an artificial intelligence chatbot, there have been numerous articles asking whether it or other forms of artificial intelligence will replace the need for lawyers, or even put them out of business altogether. In response to this […]
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Negligence and Regulatory Misconduct: The Importance of Self-Reporting
March 29th, 2023 by Mitchell Blythe
This article was first published on the Lockton website. A recent regulatory settlement agreement relating to an attempt by a solicitor to cover up a mistake is a useful reminder for law firms of the circumstances where negligence and regulatory misconduct can overlap, and when it may be appropriate for firms to consider self-reporting misconduct […]
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Law Firm Demergers: Issues to Consider
February 16th, 2023 by Stuart Smith
Zulon Begum, Partner, and non-contentious partnership law specialist, has authored a practice note for the Practical Law Company’s new Practice Compliance and Management resource hub. The practice note is essential reading for senior managers of law firms that are regulated by the Solicitors Regulation Authority (SRA) in England and Wales and who may be considering demerging or divesting parts of […]
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