cv Flashcards
different dispute resolutions
What are the different dispute resolutions?
- Arbitration vs. litigation
o Litigation = right to appeal, evidence based but more public, long process
o Arbitration = less expensive, choose arbitrators, more neutral but not easy to appeal
- Viewed arbitration as better for company due to post-acquisition status, don’t want to damage reputation, confidentiality = important
due diligence considerations
What were the due diligence considerations?
- Valuation
- Location: possibility for expansion
- Human capital: confidence in management from employees
- Assets: is transaction asset or share deal?
- Ongoing litigation/disputes
- Corporate structure: current renumeration strategies
- Market reputation: growing market?
- Contracts
- Corporate objectives
- Supply chain management
- Tax
- IP
- Health and safety
case alert
How do you go about making a case alert?
- Received info on case
- Read through it
- Summarised it using sub-headings – why is it a problem etc.
sqe
What are the changes to SQE?
- Change to mode of assessment
- QWE, no need for TC
- Not so positive, thinks it moves away from core skills needed by solicitors
request for proposal
What is a RFP?
- It is how firm sell themselves – outline of experience, potential staff and diversity and nclusion initiatives
appropriate response
What is the appropriate response?
- Dawn raid involves being contacted by ICO e.g. information notice (24hrs, 7 days notice)/assessment notice (in person, with/without notice but need warrant)
- Strategic response to potential regulatory breaches
- Obtaining warrant = main obstacle for ICO
- Will receive notice of request for warrant
- Legally privileged info can be withheld from ICO
- Adequate compliance pre-inspection
- Training for those who would encounter ICO
- Template response
- Cooperate with ICO
- Ensure that all devices you have access to are in line with legal privileges
- Ensure interviewees are with lawyer
notification obligation
What are the notification obligations?
- Processor (processes data for controller_ must notify controller (body that determines means for how data is processed)
- To data subjects: outline leak, identify data protection officer, outline potential risk. Not needed if successfully mitigated
- To supervisory authority: 72 hours
- Legal enforcement if supervisory authority is not notified in time
response to request for damages
How do you respond?
- Shikari can defend itself by disputing that data was liable under GDPR
- Should prepare for litigation by providing further documentation
- Dispute that data was personal data as it was anonymised
what is a consent order
- Appeal to court to extend deadline to lay evidence
financial and legal implications
What were the financial and legal implications?
- Budget of 1400, had to split it across departments
- Look at contingency budget
- Legal implications = paying for rights and script
- Risk assessment dealt with legal health and safety
