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09 June 2016
Issue: 7702 / Categories: Legal News , Brexit
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Planning for Brexit

Lawyers prepare for referendum vote on 23 June

Lawyers are focused on the implications of Brexit, with two weeks left before the UK goes to the polls.

Larger firms have created Brexit teams and issued briefings to advise clients on the consequences of leaving the UK.

Berwin Leighton Paisner, for example, is advising its clients to ensure contracts are “future-proofed” to provide for the implications of a Brexit, and to plan for negative consequences and opportunities.

One major repercussion for businesses would be the impact on data privacy. These are “tumultuous” times for businesses that need to transfer electronic data, according to Lauren Grest, legal researcher, Kroll Ontrack, and Mark Surguy, partner at Weightmans. The proposed EU-US Privacy Shield—the replacement for the Safe Harbor agreement—is still being debated, while the General Data Protection Regulation (GDPR) is due to take effect in 2018.

Writing in NLJ this week, Grest and Surguy spell out the key questions: what legislative regime would govern the UK, and how would the UK do business with the EU if the UK does not have to comply with the GDPR?

While it would be a relief for many businesses not to have to comply with the “onerous” GDPR, which requires companies to nominate a compliance officer, they would discover a “whole new web of red tape” once new agreements were negotiated. The UK would have to be declared a “safe area” therefore comply with GDPR requirements. It could end up in the same boat as the US, which is still struggling to negotiate the EU-US Privacy Shield. The combined power of 27 countries “has formidable leverage in negotiations”, Grest and Surguy say, and a post-Brexit UK could end up subject to GDPR just as much as if it had never left.

Issue: 7702 / Categories: Legal News , Brexit
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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