Tag Archives: legal

Appointments, Law, Midlands News, News, North of England

Promotions announced at top law firm

Leading law firm Aaron and Partners has announced a series of promotions across the firm after a year of continued growth.

The firm, which has offices in Manchester, Chester and Shrewsbury, has announced five promotions with a new Partner, a Senior Associate and three new Associates appointed.

Joseph Fletcher-Hunt has been made a partner in the Real Estate team having joined the firm in 2019. His work has seen him noted in the Legal 500 directory, a leading industry guide to the top professionals working in the UK’s legal market.

Paul Hennity, also a legal 500 listed lawyer, has been promoted to Senior Associate in the firm’s renowned Employment team. Paul is highly experienced in both contentious and non-contentious employment matters.

The Chester office also welcomes two new Associate Solicitors with Joshua Simpson promoted in the firm’s Real Estate department and Paul Caslin, taking on the role in the highly regarded Wills, Trusts and Tax team.

Zoe Lloyd’s development has also been recognised with promotion to Associate in the firm’s Corporate and Commercial team.

Nick Clarke, Senior Partner at Aaron & Partners, said: “I’m delighted that again this year we have been able to recognise the development of our people through these promotions. They have all demonstrated great commitment and excellence in their work for clients and their promotions are well deserved.

“We recognise that our people are the key to continued success and so we aim to create an environment where staff can develop and progress with us. It’s been a challenging year so it’s important that we celebrate achievement when we get the chance and there’s no better example of this than through promotions.

“I’d like to congratulate everyone who has been promoted, and I’m looking forward to seeing the next stages of their development”.

Appointments, News

SentinelOne appoints Keenan Conder as Chief Legal Officer

Technology Industry Veteran Brings Extensive Legal Experience Scaling Innovative, High-Growth Companies

SentinelOne, Inc., an autonomous cybersecurity platform company, today announced the appointment of Keenan Conder as Chief Legal Officer and Corporate Secretary. Mr. Conder replaces Efi Harari who has been the company’s Chief Legal Officer since June 2017 and has recently transitioned to Chief of Staff.

Mr. Conder brings over 25 years of experience scaling high growth, public companies in the technology sector. He joins SentinelOne from Tableau Software where he was Executive Vice President, General Counsel and Corporate Secretary. At Tableau Software, Mr. Conder led the company’s legal and regulatory affairs from its 2013 IPO through extensive growth and international expansion, including its acquisition, integration, and ongoing growth as a part of Salesforce.com, Inc. Prior to Tableau, Mr. Conder was Vice President, General Counsel and Corporate Secretary at Isilon Systems from 2007 to 2012, and prior to that led legal and regulatory teams in the travel and technology sector for over ten years, including as Senior Vice President and General Counsel of Expedia, Inc. and Travelocity.com, Inc.

“We are committed to protecting the world’s largest and critical businesses from falling victim to cyberattacks through the automation, scale, and speed we are defining in the XDR era,” said Tomer Weingarten, CEO, SentinelOne. “I am thrilled to welcome Keenan to the leadership team and look forward to his contributions as we continue to make the world a safer place.”

Mr. Conder will leverage his extensive leadership experience working with high-growth, innovative companies and boards to help SentinelOne continue scaling.

“I appreciate and recognise SentinelOne’s commitment to delivering a new paradigm for cybersecurity, and I am honoured to join the team,” said Mr. Conder. “Cybersecurity is first and foremost a data problem, and I look forward to leveraging my previous experience to join SentinelOne on its mission to keep the world running with autonomous cybersecurity.”

 

News

Trust steps in to save Greyhound rescue centre

A popular greyhound rescue centre facing closure due to the coronavirus pandemic has been handed a £10,000 lifeline thanks to a Shropshire-based charitable trust.

Hector’s Greyhound Rescue, based in Shrewsbury, was left with enough funds to survive only eight more weeks before the Heather North Charitable Trust stepped in with a donation to help secure the future of the centre.

A volunteer-led charity of 22 years, Hector’s works to help rescue retired racing greyhounds that could otherwise face being put down and has re-homed more than 50 greyhounds just this year.

Having seen more than 12 months of typical fundraising activity cancelled due to the coronavirus pandemic, the rescue centre is now on the road to recovery after receiving support from the Heather North Charitable Trust.

It is the latest donation by the Trust, which was established in 2018 to assist animal charities across England, having previously awarded funds to Cats Protection, Guide Dogs for the Blind and The Mare and Foal Society.

Clive Pointon, Chair of the Heather North Charitable Trust and Head of Wills, Trusts and Tax at Aaron and Partners solicitors, said: “When Hector’s reached out to the Trust and explained the gravity of the situation, we knew it was an opportunity to make a real difference and we felt it was important to do what we could to ensure the rescue centre could continue its fantastic service for greyhounds across the UK.

“The Trust was established with the aim to provide funding to protect, maintain and support the development of animal charities, and we’re proud to count Hector’s amongst those we’ve helped at such a vital time.

Hayley Bradley, Trustee at Hector’s Greyhound Rescue said: “What an amazing donation this has been for Hector’s Greyhound Rescue. It’s been so gratefully received as it has been a battle through the pandemic to find the money needed to carry on saving dogs and promoting the plight of the greyhound. This donation truly has made a huge difference to saving dogs’ lives.”

News

Alvarez & Marsal unveils discontent with Disclosure Pilot Scheme

In litigation, data matters more than ever, but the way disclosure is now being handled is causing some concern within the legal sector. New research from Alvarez and Marsal (A&M) highlights serious questions on the part of senior legal professionals as to whether the pilot is fit for purpose.

Firstly, a recap on the Disclosure Pilot Scheme

The Disclosure Pilot Scheme (DPS) was introduced in 2018 by the Disclosure Working Group, in response to concerns that the existing framework for document disclosures in legal cases needed a significant overview.

The DPS has been active in the Business and Property Courts in England and Wales since January 2019. The pilot was designed to mitigate some of the “excessive costs, scale and complexity”1 experienced by parties under the previous set of standards for disclosure.

The pilot has introduced new processes and choices for legal practitioners, and other relevant stakeholders, in an effort to make the disclosure process more “proportionate and efficient,” in the words of the Disclosure Working Group (DWG).

The DPS was originally designed to run for two years, up to January 2021. In 2020, Professor Rachael Mulheron of Queen Mary University of London published a Third Interim Report,2 which recommended a 12-month extension to the duration of the pilot. As such, the pilot is presently set to run to the end of 2021.

Perceptions of the pilot scheme as it stands

With the scheme having been live for more than two years, A&M interviewed 250 senior lawyers at UK law firms in early 2021 to better understand the impact of the pilot scheme on the legal sector.

The views of the legal profession reflect dissatisfaction with the pilot as things stand. 70% of respondents judged that the scheme is not fit for purpose, with almost all respondents (97%) expressing dissatisfaction with aspects of the pilot.

Meanwhile, bringing more choice into the disclosure process may have created new problems. 58% of respondents said that opposing parties agreed on which model to use for disclosures less than half the time. Parties having very different ideas as to what should and should not be disclosed early on does not exactly establish an open and conciliatory tone in the litigation process. Indeed, almost three-quarters (74%) of survey respondents agreed with the statement that the DPS had exacerbated the adversarial litigation environment.

The importance of technology in disclosure

A&M’s survey also highlighted aspects of positive change being driven by the pilot. A healthy majority of respondents reported engaging with models that had not been available prior to the pilot. A new approach to disclosures also led to more involvement with technology experts: 68% of respondents used technology experts from the start of the disclosure process. Access to technology helped determine the choice of disclosure model for 85% of respondents.

Assessing the results of A&M’s research, Phil Beckett, Managing Director and Head of Disputes & Investigations for Europe and the Middle East, says: “It is heartening to see that technology and expert advice is part and parcel of completing disclosure requests quickly and efficiently. All the same, there is a danger that rather than making it easier for parties to agree on the right way to deal with relevant documentation, the scheme may instead be placing further barriers between parties in the crucial early stages of disputes.”

Dan Wyatt, a partner at RPC, also commented on A&M’s findings, stating: “The benefits of using technology in disclosure have been obvious for many years. This survey result shows that lawyers acknowledge that, and that technology is playing an influential part in how disclosure is conducted.”

Conclusions

Although the DPS has helped open up more choice for parties dealing with disclosure requests, Alvarez & Marsal’s survey of senior lawyers with experience using the scheme has highlighted inadequacies and frustrations.

It is worth questioning whether a model-based approach to disclosure is the right one given the inherently adversarial litigation environment. Certainly, a high proportion of respondents agreed that litigation is being made more confrontational, not less, by the creation of an additional decision- making stage concerning model selections.

Another factor that needs to be considered is whether the DPS has had enough time to become a fully integrated part of the disclosure culture within the legal sector. Although the scheme has already been extended once, COVID-19’s effects may have hampered adoption of the scheme’s best practices and principles.

The Civil Procedure Rule Committee itself said that the pilot was “intended to effect a culture change”, and it is fair to question whether remote working has prevented the DPS from taking full effect.

Regardless of this, a majority of respondents stated that as things stand, the DPS is not fit for purpose. The clock is ticking to resolve these issues, and something needs to change.

 

 

News

UK economist delivers positive outlook for city businesses at free event

City centre businesses were given an update on the UK economy as part of a new networking group created by the city’s Business Improvement District, Chester BID.

The Professionals in Partnership group includes law firm Aaron and Partners as well as companies such as HSBC, Ellis & Co, Carting Minds Collective and JK Events and is aiming to bring the city’s business community closer together in the wake of the coronavirus pandemic.

The event was the third since the group was formed, with Liz Martins, UK Economist at HSBC, delivering a positive outlook on the UK economy for attendees.

Individuals and businesses based across the city centre have been influential in setting the group up, including Emma McGlinchey, who sits on the Chester BID board and is a commercial property lawyer with a focus on the retail sector for Aaron & Partners.

She said: “Through this group we have hosted a series of informative online events and workshops with key themes focused on helping businesses work through many of the problems presented by COVID-19.

“This latest event followed a similar theme with a fantastic speaker offering all those in attendance valuable information on the health of the economy and what the future might hold for businesses.

“Aaron & Partners has been based in Chester city centre for 37 years and so this city is very much rooted in our heritage.

“We want to see it thrive and that’s why we’re supporting the Professionals in Practice group, helping to ensure professional services firms throughout the city can connect and learn from one another, and to create a stronger local network of like-minded professionals.”

The group has more free events planned for the future and is open to anyone with a vested interest in the growth and development of Chester’s business district.

Nick Hodson, Deputy Chair of Chester BID said: “Chester’s Business Improvement District comprises about 450 businesses and, although many are retail and hospitality, a significant number are professional services companies and we have been working hard to provide support tailored to their needs.

“Chester BID is keen that Chester is seen as a centre of excellence for professional services within the North West and North Wales, and the creation of high-quality events with great speakers with national profiles has been key element of our strategy.

“We’re keen to see as much cooperation and referral within the city as possible and believe the better we know each other and the stronger the relationships are, the more likely that will be.”

To find out more about the Professionals in Partnership group, visit https://chesterbid.co.uk.

Law, News

70% of legal professionals deem Disclosure Pilot Scheme “not fit for purpose”

Leading global professional services firm Alvarez & Marsal (A&M) has today released new research from its Disputes & Investigations practice around the effectiveness of the Disclosure Pilot Scheme (DPS). The survey of 250 senior legal professionals* revealed that 97% of senior lawyers are frustrated with aspects of the pilot as it stands – with 70% deeming the scheme unfit for purpose.

The survey, and associated report, highlights several key insights from senior lawyers around the effectiveness of the scheme currently being trialled in the U.K. Business and Property courts. With 74% of respondents judging that the DPS has exacerbated the adversarial environment in the litigation process, it seems that the pilot has some way to go for the scheme to win the fulsome support of the legal profession.

The survey also highlighted the importance of technology in the disclosure process, with a comfortable majority of respondents (85%) stating that access to technology is a determining factor when parties decide on their disclosure model. The report demonstrates that the objectivity that technology brings to complex cases should be taken into account as the pilot continues to evolve, with 77% of respondents believing that more effective use of technology could contribute to transforming the scheme for the better.

Richard East, Senior Partner at Quinn Emanuel Urquhart & Sullivan UK LLP, comments: “As the role of technology has become more central to disclosure exercises, law firms are acknowledging that experts are needed early in the process to help accelerate work and serve clients better. It is important that experts are fully integrated into the team as trusted advisors, and are not just used to address ad hoc technical challenges, but to add value right the way through the disclosure process.”

Other survey insights:

  • 68% of respondents use technology experts from the start of disclosure process;
  • Most respondents find themselves agreeing with the opposing side on which model to use less than half the time. Whilst a significant proportion of respondents (14%) state that parties are often two models or more apart at the start of a disclosure process.**
  • 68% of respondents changed their approach to engage with disclosure models that were not previously available pre-pilot;

Phil Beckett, Managing Director and Head of Disputes and Investigations at A&M in Europe and The Middle East, explained: “The pilot scheme has unquestionably got people thinking about eDisclosure more thoroughly and earlier in the process; and created more options for lawyers and other court users when it comes to disclosure processes and it is also heartening to see that technology and expert advice is part and parcel of completing disclosure requests quickly and efficiently. All of these points are great to see, but all the same, the lawyers we surveyed highlighted some significant flaws in the pilot scheme as things stand. There is a danger that rather than making it easier for parties to agree on the right way to deal with relevant documentation, the scheme may instead be placing further barriers between parties in the crucial early stages of disputes. Whilst we are aware more changes came into force in April 2021 to hopefully combat this, we will be interested to see how they play out.”

Ben Sigler, Partner at Stephenson Harwood, comments: “Unfortunately, in my experience, the DPS has significantly driven up the costs of disclosure, thereby exacerbating the main problem which it purported to address. What is most regrettable is that, in my view, none of the changes which it introduced were even necessary, as: (1) CPR 31 already provided scope for the Court to actively manage the scope of disclosure (rather than simply to order standard disclosure); and (2) technology assisted review already provided an effective solution to delivering disclosure at proportionate cost in cases involving substantial volumes of potentially disclosable data.”

Hugo Plowman, Partner at Mishcon de Reya LLP, on the other hand takes a more balanced view: “It seems to be reasonably certain that the DPS is here to stay despite the known teething problems that practitioners have experienced to date. There is a concern about front-loading of costs and creating new room for argument about the form and content of the DRD. Recently introduced changes are likely to assist in resolving some of this, but more is needed.”

Beckett concludes: “With months to go before the DPS currently expires, and with yet more changes just recently come into play (April 2021) we truly hope that with further modifications and simplifications of the scheme’s structure and more robust guidance on best practices and enforcement, the DPS will benefit lawyers and their clients long term.”

News

Leading law firm partners with North West innovation hub to support tech businesses

Leading national law firm Irwin Mitchell is partnering with innovation hub HOST, the Home of Skills & Technology, to provide specialist legal advice to technology businesses in the North West.

 

The new partnership will allow the HOST community to have direct access to initial pro bono legal advice through physical and virtual support from Irwin Mitchell’s leading media and innovation team.

 

Irwin Mitchell, which has 15 offices across the UK and an international network of law firms, will also provide tailored business support to members through events such as webinars, workshops, seminars and masterclasses.

 

This includes the sponsorship of HOST’s first event since it rebranded in March, Wellbeing LIVE in partnership with MediaCityUK is a full programme of mental health and wellbeing virtual events for the creative, media and tech industries from 17-21 May.

 

The hub’s mission is to establish an ecosystem that supports skills, growth and innovation in the region by providing diverse and inclusive opportunities, particularly to those individuals and businesses who may not have previously had access.

 

To further this mission, HOST is working closely with Laura Harper from Irwin Mitchell, a recognised leading advisor to businesses in the creative industries and digital sector.

 

With over 20 years of experience, Manchester-based Laura has in-depth knowledge of the video games sector and a strong track record in advising international clients from across the interactive entertainment industry, from AAA studios to indie developers and VR and AR businesses.

 

Following the recent announcement of HOST’s partnership with Unity and its first Centre of Excellence in the UK, Laura’s expertise in the video games industry will be of vital support on areas including games development, intellectual property, acquisition and investment.

 

HOST at Media City combines the three pillars of skills, innovation and start up all under one roof, with a focus on building a world-leading reputation in data science, cyber, AI and immersive technologies.

 

Mo Isap, CEO of IN4.0 Group, operators of HOST, said: “We are delighted to announce Irwin Mitchell as HOST’s specialist legal partner. Laura and the media and innovation team join HOST with a wealth of experience in working alongside businesses in the creative industries and video games sector.

 

“With its national and international network of law firms, HOST’s innovation community will have access to every aspect of intellectual property and legal advice, which is a key part of the wraparound support we wish to bring to our members as they navigate out of the pandemic and look to a positive future ahead.”

 

Laura Harper, Irwin Mitchell partner and media & entertainment sector lead, said: “We are proud to be working alongside HOST as their official legal partner and are looking forward to assisting them with sector specific events, together with tailored legal and business advice.

 

“Irwin Mitchell has a strong tradition of providing advice to businesses in the technology and media sector. Working in partnership with the new home of the UK video games industry allows us to build on this work and continue playing our part in the success of local creative businesses.

 

“There will be plenty of opportunities to work with HOST on various projects and initiatives and our media and innovation team can’t wait to get started. MediaCityUK is fast becoming the hub for next generation entertainment and we are delighted to be part of such a key project in the heart of Manchester and supporting North West business and the local digital economy.”

Appointments, Law, News

Senior appointment for Aaron and Partners’ Contentious Estates team

The Wills, Trusts and Tax department at legal firm Aaron and Partners has announced a senior appointment to help meet increasing demand from private clients.

Vlad Macdonald-Munteanu joins as a Senior Associate, specialising in contested wills, trusts and estates. The new hire adds a range of experience to the firm, having specialised in the resolution of contentious probate matters for the last six years and being listed in both the Legal 500 and Chambers & Partners directories – two coveted industry guides.

Vlad’s appointment will see him help to deal with high value and complex claims for a wide range of clients. He is known for taking a personable approach and has successfully pursued claims in the High Court and Court of Appeal, as well as resolving matters through a variety of alternative methods.

“I’m very pleased to be joining Aaron and Partners and to be part of a team that is already so well regarded,” said Vlad.

“The Wills, Trusts and Tax team at Aaron and Partners has an outstanding reputation for delivering outcomes that focus on clients’ needs and I’m looking forward to being able to strengthen the services they offer and enable us to help even more clients across the country.”

Clive Pointon, Partner and Head of Wills, Trusts and Tax at Aaron and Partners said, “We’re very pleased to welcome Vlad to the team. His appointment comes following increased demand of new instructions and additional work for clients seeking expert advice in contentious probate matters.”

Vlad will be working remotely from Cardiff but will be supporting the firm’s Chester and Shrewsbury-based teams following a rise in enquiries and instructions relating to contested estates probate.

He is also a member of The Association of Contentious Trusts and Probate Specialists (ACTAPS) – a forum for leading specialists in contentious trust and probate work.

Clive added: “Vlad has a fantastic reputation and a wealth of experience in dealing with complex claims, and with remote working much more prevalent, we’re delighted that he will now be supporting our teams in Chester and Shrewsbury, as well as growing our offering in South Wales too.”

Law, Legal News, News

Julie Taylor: Uber court ruling tells businesses that worker’s rights cannot be ignored

 Julie Taylor, Partner in the Commercial Team at award-winning law firm Gardner Leader considers the impact of last week’s Uber ruling at the Supreme Court.

“The UK Supreme Court has ruled in support of the workers in a long running battle about employment status and the terms of work with Uber, a huge player in the gig economy.

“Employment status is an important distinction to make, as it has implications on the rights afforded to individuals such as holiday pay, entitlement to the minimum wage and rest breaks. Similar claims have been brought by Deliveroo workers, currently at the Court of Appeal, however it is easy for the lines to be blurred and it must be noted that decisions are based on assessment of all the facts rather than generalisation.

“Taking on staff on a “gig” basis is attractive to many companies as it allows them flexibility without the additional financial implications, however the company needs to ensure that the working relationship is genuinely between those in business on their own account and does not become an employment or worker arrangement, which would have additional liabilities.

“Claims were first presented to the Employment Tribunal against Uber in 2016 by a group of workers asserting entitlement to rights as workers rather than accepting that they were operating as self-employed contractors. The ruling today again supports the workers claim and means that they are entitled to holiday pay and the minimum wage.

“The judgment could have huge consequences for Uber, who are likely to have thousands of drivers engaged on the same terms and could face further claims for compensation. It highlights that the courts and tribunals will always examine the reality of the working practices to assess what arrangements apply, not just the written terms of the contract and is a reminder, where it is necessary, for businesses that worker’s rights cannot be ignored.”

About the author

Julie is an employment law and HR specialist. She helps a variety of organisations manage all their employment law obligation and advises regularly on the terms of settlement agreements for both employers and employees.

 

Events, Export, Law, News

UK and US law firms join forces for free webinar on conducting transatlantic business

A Shrewsbury-based law firm is joining forces with a leading legal firm in the US to host three online seminars about the challenges and opportunities of transatlantic business.

The free event will bring together a panel of top legal and accounting professionals from both countries with speakers from Shrewsbury-based legal firm Aaron and Partners, Ohio-based legal firm Wegman Hessler and accountancy firm Dyke Yaxley, which has offices in both the UK and US, as well as world-renowned guests.

Stuart Haynes, Partner and Head of Aaron and Partners’ specialist International team will also be joined by guest speaker Michael Weidokal, an expert in international economics, global trade and political risk.

Taking place on Thursday, February 25, at 4.00pm, and being attended by businesses on both sides of the Atlantic simultaneously, the event is the first in a series of three webinars which aim to provide advice to businesses on US and UK trade opportunities. The first session will focus on the global economic outlook and will explore the impact this has on international business strategy.

Stuart said: “The global economy has been crippled by the events of this year, with the coronavirus pandemic causing the largest global recession in history. On top of this, the UK economy has had to face the consequences of Brexit, whilst in the US they’ve endured a period of political unrest.

“However, now is the time for businesses to look ahead and explore the many positive opportunities that will be arising. The UK has, and will continue to, trade with many countries outside of the EU, and the US has proved to be a strong partner and we expect that relationship to become even stronger in the years ahead.”

Michael Weidokal is one of the world’s leading experts and sought-after keynote speakers focused on issues that are impacting the global economy and the international business climate.

“It’s an honour to have Michael Weidokal as a guest speaker for this session – he has an impressive reputation and his insights into the issues impacting the global economy will be invaluable.

“Together with Wegman Hessler, we’ll be providing practical advice and insights into the legal aspects of international trade from both a US and UK perspective, as well as offering expert advice on financial and tax planning from the team at Dyke Yaxley.”

The event is of particular interest to businesses already operating in or considering entry into the UK/US market. To find out more, or reserve your space on the webinar visit: https://www.aaronandpartners.com/event/globalview-2021/