The First Costs of Brexit

Posted on Feb 14, 2017 in Background, General

The high drama of Brexit-related events is already having an impact in the English courts.   In the recent case of Elkamet Kunststofftechnik GmbH v Saint-Gobain Glass France SA [2016] EWHC 3421 (Patent Court) a German company prevailing in a High Court patent claim also successfully obtained compensation for the dramatic fall of the British pound following the so-called “Brexit” referendum.   Although the United Kingdom’s...

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Mum’s Liquidated Damages

Posted on Feb 14, 2017 in Background, Bugg’s Boilerplate, General

“Mum’s the word” is a traditional English saying to explain that everything is to be kept secret. You may want to remember the short sentence as a useful business imperative when working with a non-disclosure agreement (NDA), a.k.a “confidentiality agreement”. In other words, a company should not simply rely on a confidentiality agreement alone. The flow of information must be actively managed, monitored and...

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