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In Product Regulation & Liability

United Kingdom & United States: Healthcare & Life Sciences patent enablement and what it means for your transactions or litigation

by , and 1 Min Read

The requirement that an inventor provides an enabling disclosure of their invention in exchange for patent protection lies at the heart of the patent system and is a central consideration for organizations across innovative sectors, especially those in life sciences and pharmaceuticals. This webinar delves into the dynamic landscape of patent enablement and plausibility standards, comparing and contrasting the nuanced approaches adopted in the US and Europe. In this session, we will discuss these recent developments, with a special focus on what they mean with respect to licensing, M&A and other transactions in the healthcare space and how you can anticipate issues as they arise in deals.

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In AML & Financial Services Regulatory

United Kingdom: FCA consults on OFR operationalisation

by 1 Min Read

On 4 December 2023, the FCA published a consultation on rules and guidance to integrate the Overseas Funds Regime (OFR) into the Handbook and to enable recognition of overseas funds from jurisdictions approved by HM Treasury. The new rules and guidance will operationalize the OFR, implementing the regime’s framework to allow recognized overseas funds to be marketed to UK retail investors. The proposals include the information to be submitted with an application for recognition, notifications of changes, and enhanced disclosures regarding lack of access to the Financial Services Compensation Scheme and Financial Ombudsman Service.

In ESG

United Kingdom: CMA and Green Claims – Greater Enforcement to Come?

by 3 Mins Read

In recent years, through the introduction of the Green Claims Code, the UK’s Competition and Markets Authority (“CMA”) has taken an interest in the green claims made by businesses. This interest has included the CMA reviewing and investigating descriptions and labels used to promote ‘eco-friendly’ products. The Green Claims Code applies wherever a green claim is made by a business for a consumer.

As part of this interest in the green claims made by businesses, to date the CMA has focussed on two main sectors – the fashion retail sector and the Fast Moving Consumer Goods (“FMCG”) sector. While the CMA has already investigated businesses in the fashion retail sector, the CMA has more recently launched a review of environmental claims made by businesses in this FMCG space.

In Employment

United Kingdom: Employees will have the right to take carer’s leave from April 2024

by , and 4 Mins Read

Employees will have a statutory right to a week’s unpaid leave each year to care for a dependent from 6 April 2024. The Carer’s Leave Regulations 2024 have been laid before Parliament and are expected to be made shortly. They set out details of the scheme intended under the Carer’s Leave Act 2023, as previously reported.

Employers will need to decide whether they wish to enhance the new rights, for example, by paying for some or all of the leave, as part of an employee benefits package to recruit, retain, and support employees with caring responsibilities. Some employers may already offer a form of contractual carer’s leave.

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In Employment

United Kingdom: Extension of redundancy protection for employees who are pregnant or returning from family leave

by , and 4 Mins Read

From 6 April 2024, the current right of employees on maternity, adoption, and shared parental leave (“family leave”) to be offered suitable alternative employment in preference to other employees who are at risk of redundancy will be extended to cover pregnant employees, and those who have recently returned from such types of family leave.

In ESG

UK: ESG Regulatory Evolution in 2024

by and 2 Mins Read

Join us on 18 January 2024 as our Baker McKenzie experts – joined by Adam Jacobs Dean of AIMA and other industry specialists – explore the continuing evolution of ESG regulation and compliance challenges that firms can expect to encounter in the new year. This session will focus on the FCA’s new ESG product labelling regime (the “SDR”), upcoming changes to the EU’s SFDR regime, and emerging best practices in ESG governance.

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In UK

United Kingdom: Economic Crime Update: Introduction to the Failure to Prevent Fraud Offence and Corporate Criminal Liability Reforms

by , , , , , , , , , , , , , and 1 Min Read

The Economic Crime and Corporate Transparency Act 2023 received Royal Assent on 26 October 2023. The Act is a landmark development in the UK Government’s long-standing efforts to enhance the UK’s economic crime enforcement framework, and the Act introduces a number of important measures designed to improve corporate transparency and tackle economic crime in the UK
and abroad.

In Employment

United Kingdom: Pay Transparency Directive – lifting the veil

by 2 Mins Read

In an article for PLC Magazine, Monica Kurnatowska and Rob Marsh outline employers’ obligations under the new EU Pay Transparency Directive. It considers key elements including pay reporting, pay transparency, pay assessments and equal value, and remedies and enforcement as well as the practical implications for employers in the EU and in the UK in the light of the UK’s withdrawal from the EU.

In AML & Financial Services Regulatory

United Kingdom: Financial Conduct Authority issues new guidance on market soundings

by 3 Mins Read

The Financial Conduct Authority has issued important new guidance on receipt of market soundings in the latest edition of Market Watch, the FCA’s newsletter on market conduct issues. The FCA’s Market Watch 75 newsletter reminds buy-side firms that they have an obligation to independently assess whether they possess inside information from a market sounding that would prohibit them from trading.

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