“Homemade” limitation clause re-construed

February 19, 2018

Limitation of liability is invariably a key point of negotiation in any contract.  Each party – alive to the fact that things can and often do go wrong in commercial relationships – seeks to limit its potential exposure as far as possible and/or (where the more likely to suffer damage) to maximise the losses it can… Read more »

Spotify moves for a direct listing

February 5, 2018

At the end of December, music streaming leader Spotify filed documents with the US Securities and Exchange Commission for an initial public offering, as reported by Axios. The documents were filed confidentially utilising the “stealth filing option”, a new process introduced by the SEC in July intended to make the listing process more efficient.  Companies,… Read more »

Proposed changes to EIS and SEIS tax incentives

January 30, 2018

As you may be aware, there has recently been some discussion around proposed changes to EIS and SEIS tax incentives for investments in smaller companies. In particular with regard to the new rule called ‘The Risk To Capital Requirement’. This has been of particular interest to the film and TV industry but will also be… Read more »

Drinking and wishful thinking

January 30, 2018

The High Court has dismissed a claim that during a conversation in a London pub, a binding agreement was reached for Michael Ashley to pay £15 million to the “wishful thing” consultant Jeffrey Blue in return for increasing Sports Direct’s share price. Business impact A contract can be made anywhere in any circumstances – that… Read more »

AVMS Directive Update

January 30, 2018

The proposal for an updated EU Audiovisual Media Services (AVMS) Directive (Directive) now awaits approval from European Parliament. The overarching goal of the proposal is to bring about a balance between competitiveness and consumer protection in light of recent advances in audiovisual technology.  This article will provide a reminder of the key proposed changes. Business… Read more »

BPI releases UK music consumption figures for 2017

January 23, 2018

BPI has issued a report on UK music consumption during 2017 based on Official Charts Company data.   The report reveals the fastest rate of growth in music consumption this millennium, up 9.5% on 2016, with 135.1 million albums or their equivalent streamed, purchased or downloaded. Physical The revival of vinyl continues, with 4.1 million units bought… Read more »

Influencer marketing – do’s and don’ts

January 5, 2018

It’s perfectly legal for “influencers” to be paid for endorsing a brand or product online – via social media, blogs, vlogs or other online sites.  But, if someone is paid or incentivised to post a tweet, blog or other content, the content must be labelled appropriately to comply with industry regulations and consumer protection law.… Read more »

Lost Village wins at UK Festival Awards

December 1, 2017

Simkins would like to congratulate Lost Village on winning Best Small Festival and Best Festival Production at the UK Festival Awards last night. Ed Weidman, Associate, Simkins LLP