Insights: Thought Leadership - February 2021

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Rescue of insolvent retail business in the new environment: Data protection and GDPR

Eddie Powell |

One of the key assets for a buyer of a retail business may well be the database of customers and/or interested consumers. This will apply particularly if there is an existing e-tail operation for the business, but even bricks and mortar operations frequently have mailing lists. Buyers should check if they are getting the database […]

Rescue of insolvent retail business in the new environment: Brand considerations

Thomas Edwards |

Buying the brand of an insolvent business can be a commercially attractive proposition for any potential buyers. In recent times, this has been highlighted in a spate of acquisitions of fashion brands. However, the purchase of the brand of a company in administration can have its pitfalls, and given the time-sensitive nature of the process, […]

Lifestyle Equities CV & Anor v Amazon UK Services Ltd & Ors [2021]: are you inadvertently infringing trade mark rights?

Mark Buckley, Carl Arreghini, Fatima Khan |

In a recent case against Amazon, the High Court found that certain companies within the Amazon Group had not infringed the trade mark rights of two Netherland based companies, which own the brand Beverly Hills Polo Club (BHPC). The case of Lifestyle Equities C.V v Amazon UK Services Ltd (and others) considered the tensions between […]

Coronavirus and your Construction Contract – One Year On

Michaela Patterson, Judith Davidge |

When we published our article Coronavirus, Force Majeure and your Construction Contract (JCT, NEC) on the impact Coronavirus, and specifically the lockdown in China, may have on construction operations we did not envisage that a year later we would be on our third lockdown in the UK. The disruption caused by Coronavirus is far more […]

Rescue of insolvent retail business in the new environment: Property issues

Fiona Smith |

Struggling to make retail units profitable, many retailers are seeking to reduce costs by negotiating reduced rents or shifting to turnover based rents. Management of smaller groups may be able to renegotiate leases individually with landlords. But how can retailers proceed if they can’t reach agreement with all landlords, or have a large lease portfolio […]

Art on the move: changes to the law affecting the import and export of art and chattels in 2021

Hetty Gleave |

Bringing art and chattels into the UK On 28 December 2020 the UK implemented Article 3(1) of the Regulation on the Introduction and Import of Cultural Goods.  It came into force on 1 January 2021 and is now being implemented by UK border authorities. The aim of the Regulation is to curb the trade in illicitly exported […]

Rescue of distressed retail business in the new environment: employment issues

Caroline Philipps, Jeremy Whiteson |

In many recent rescues of retail businesses the buyer has acquired from administrators the brand and website but excluded from the sale some or all of the physical shops- see for instance Debenhams, the various Arcadia business sales, Oasis, Warehouse, and TM Lewin. Clearly, at least part of the rationale for this deal structure is […]

Rescue of distressed retail business in the new environment: what are the procedures?

Sophie Burke |

Where the business requires a formal insolvency procedure, the main choices are company voluntary arrangements (or “CVA”s) or administration – usually a pre-pack administration. How do these work? CVAs A CVA is an agreement between a company and its creditors, which, if approved by 75% of creditors by value, binds all creditors. They can be […]

Rescue of distressed retailers in the new environment: a users' guide

Jeremy Whiteson |

The pandemic has massively accelerated changes in the retail market. The shift of consumer preferences from shops made of bricks to those powered by clicks; the gravitation to major brands with global presence; and the competitive drive for cost reduction were all spreading disruption when the pandemic hit. Then the widespread and extended closure of […]

The importance of appointing children’s guardians in the Covid era

Helena Luckhurst, Hetty Gleave |

The negative impact of Covid 19 on families in respect of education, mental health and relationships generally has been well documented in the press.  However, as the virus continues to spread at an alarming rate, the consequences can be much more serious than the inevitable lockdown stresses and tensions caused by families living together 24/7. […]

Shareholder meetings – time for a change?

Nigel Gordon, David Robinson, Neil Vickers, Paul Airley |

Background On 28 January 2021, GC100 issued a discussion paper called “Shareholder Meetings – Time for a Change?” GC100 represents general counsel and company secretaries working in FTSE 100 companies. Its aim is to engage with government, regulators and policy makers to provide practical and business-focused input on law and regulation which affects the largest […]

When will the fun and GameStop?

Neil Vickers, Ellie Green |

Retail and day traders dealing in shares and other assets that Wall Street funds bet against may not be  new; Wallstreetbets, the Reddit group at the centre of the story, itself has been in existence since 2012.  However, with retail investors buying in such numbers as recently, the group has captured worldwide attention. Perhaps the […]