Snapshots Autumn 2022
A roundup of key legal developments for the modern commercial lawyer.
Snapshots seeks to cover everything the commercial lawyer needs to know from the previous quarter, aiming to address all the major changes affecting commercial law, from the key cases to data, digital, consumer and advertising developments.
Commercial
- Implied novation by conduct despite contract requiring variations and termination to be in writing
- Restraint of trade covenants – post-termination non-compete clause invalid as no legitimate interest to protect
- Force majeure clause construction – Covid-19 temporary delay not “inability to perform” leading to valid termination of contract
- Improper threats to disclose private and commercially sensitive information obtained from conversation overheard during acquisition negotiation
- Court of Appeal construes “affiliates” in settlement agreement release clause widely to include own as well as other party affiliates
Data
Consumer
Digital
- The EU Accessibility Act
- UK announces new copyright exemption for text and data mining to promote AI development
- Ofcom prepares for implementation of Online Safety Bill
- UK Government sets out proposals for regulation of AI
- European Parliament adopts the Digital Markets Act and the Digital Services Act
Advertising
- The ASA’s new Intermediary and Platform Principles Pilot
- ASA upholds complaint on free trial subscription ad
- New ASA guidance on enhanced disclosure of ads aimed at children
- CMA investigates ASOS, Boohoo and Asda over “greenwashing”
- ASA rules on #ad disclosure for director’s social media posts
- ASA raps podcast for not being easily identifiable as an ad