The latest legal updates for businesses - Summer 2024

Welcome to the summer edition of our quarterly update for business clients. In this edition, we look at the changing attitude to claims arising from data breaches and review a judicial warning as to how contractual provisions can be overridden by the parties' conduct, sometimes inadvertently. We also consider a new code of conduct on ‘fire and rehire’ employment contract variations and there’s a reminder how to implement successful post-termination restrictions.

If you haven’t already done so, please take a look at our AI hub, which highlights the impact AI is having on the business world and considers the impacts AI will have on commercial and legal processes.

Novation by conduct - use it or lose it

Can written terms of a contract can be overridden by subsequent conduct? This article explores the Rolls-Royce Holdings plc v Goodrich Corp case in detail to find out.

Fire and rehire – a guide for employers

In this article, our employment team explains the practice of ‘fire and rehire’ and highlights the potential consequences for failing to comply with the updated code of practice, which is likely to come into effect during summer 2024.

Post-termination restrictions for partners and senior team members

If an employee has knowledge of your clients, your confidential know-how and techniques, your strategic plans and staff data could be attractive to a competitor within your sector.

This article explains the types of restrictions that companies can implement and highlights what needs to be considered when taking action.

Data breach damages claims – the increasing burden of proving loss?

To succeed on a claim, claimants must demonstrate that there has been a breach of one of the obligations set out in UK data protection law. In light of this, it is becoming increasingly difficult for claimants to bring claims where there is no real evidence of loss.

The recent case of Farley v Paymaster provides guidance and reinforces the high threshold for successfully pursuing data breach damages claims. This article considers the impact of this case and investigates what is next for data breach claims.

The Unlocking AI Podcast

Dive into the fascinating world of AI and the law with our series of engaging episodes, to uncover how AI could shape the future.

We’ve invited our clients and legal experts for captivating discussions on the topic, ranging across different sectors including intellectual property, technology, commercial litigation plus construction and infrastructure.