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The recent decision in the case of Our Generation Limited v Aberdeen City Council highlights the issue regarding the validity of a notice in a commercial contract

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The interpretation of commercial contract terms (including commercial leases) by the courts has long been a topic of interest with several notable reported cases in recent years (see our previous article here). The topic was recently revisited by the Inner House of the Court of Session where the validity of a notice was challenged. The decision serves as a reminder to Read More

What sub-letting rights can telecoms operators acquire?

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A recent case heard at the Sheriff Appeal Court raised the following questions for the court: Did the fact that the operator had been granted compulsory land use automatically give them the right to continue sub-letting to the other operators even without permission of the landowner? Or did the operators have to make separate applications for compulsory land use? The Read More

Can an employee rely on a secret recording at a disciplinary hearing?

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Yes, held the Employment Appeal Tribunal (EAT) in the case of Phoenix House Ltd v Stockman, a covert recording by an employee during an internal meeting could be admissible in Employment Tribunals depending on the relevance of the recording. Christine Jamieson, Paralegal in our Employment team, explains the background to this case and warns employers to be aware that covert recordings could Read More

Stacey Friends Interviewed by Radio Entrepreneurs

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The Radio Entrepreneurs, a show that provides advice, information and connections for entrepreneurs, service providers and established companies, interviewed Morse trademark partner Stacey Friends. Stacey discusses trademark clearance, registration, and enforcement for large and small companies, as well as the recent USPTO rule change regarding specimens of use, based on the sudden influx of trademark applications from China. View a video clip, as well Read More

Artificial Intelligence in Recruiting and Hiring

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Tommorowland Today:  The Illinois Legislature Responds to the Rise of A.I. in the Employment Sphere Artificial Intelligence, or AI, is no longer just a sci-fi movie device.  This branch of computer science has grown to become an essential part of the technology industry.  You may recognize your own use of AI in products such as Apple’s Siri, Amazon Echo, or Read More

IEP Meetings Covered Under FMLA

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DOL Issues New Opinion Letter On the Intersection of IEP Meetings and the FMLA Most employers and their human resources specialists are acquainted with the protections afforded to employees under the Family and Medical Leave Act (FMLA).  Quite often employers interact with the FMLA when an employee needs time off of work to recover from an extended illness or other medical Read More

Structuring Your M&A Transaction: Asset Purchase Versus Stock Purchase

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When you are ready to buy or sell a company, it can feel like all the pieces are moving a million miles a minute. Whether you are the buyer or the seller, there are a number of considerations to keep in mind when structuring the transaction. In addition, determining the structure may be challenging as the buyer and the seller Read More

DOES YOUR COMPANY NEED A STOCKHOLDER AGREEMENT?

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Let’s say you are the part-owner of a closely held corporation with one other partner. If your partner gets divorced, do you want to be in business with the proverbial “bitter ex-spouse”? If your partner dies, do you want to be in business with their widow/widower, or worse, their ungrateful, ne’er-do-well kids? Or, if your partner decides to retire or Read More

KEEPING UP WITH THE LATEST ON THE CALIFORNIA CONSUMER PRIVACY ACT

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The California Consumer Privacy Act (CCPA) is a bit of a moving target. Since its passage and as we have previously addressed here and here, lawmakers anticipate making changes to the law before it takes effect January 1, 2020. Indeed, by one count, the state legislature has seen as many as 18 amendments, ranging from minor grammatical changes to significant modifications to its Read More

U.S. LIMITS AND EXTENDS TEMPORARY GENERAL EXPORT LICENSE RELATED TO HUAWEI TECHNOLOGIES

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On August 19, 2019, the U.S. Bureau of Industry and Security (BIS) revised the “temporary general license” or “TGL” we had previously highlighted to further restrict exports to Huawei and its affiliates, effective immediately and expiring on November 18, 2019.*  The revised TGL limits permissible exports, eliminates export authorization for non-public activities associated with 5G standard implementation, and requires a new Certification Read More