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MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

Issues to consider when drafting a settlement agreement—checklist (employer)

Issues to consider when drafting a settlement agreement—checklist (employer) The employer (and its advisers) should consider the following issues: Preparatory steps • Obtain from the employer: ◦ a copy of the departing employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options, etc held by the employee? Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below Status of negotiations • Will negotiations take place between the parties directly, or between their respective legal advisers? • How strong is the employer's negotiating position? How strong are the employee's claims or potential claims? In the case of dismissal, is there a fair reason and has the employer carried out a fair procedure? Is the employer in repudiatory breach? What is the employer prepared to offer initially, and is that...

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When is a break fee permissible on a takeover transaction?—flowchart

When is a break fee permissible on a takeover

View the related practice notes about Fees

Electronic communications: Universal Service Directive [Archived]

Electronic communications: Universal Service Directive [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note relates to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services as amended by Directive 2009/136/EC (Universal Service Directive). It is part of a series of Practice Notes on core elements of the EU regulatory framework for electronic communications. In the EU, the provision of electronic communications networks and services in each Member State is governed by a common regulatory framework which originally comprised five directives (the Framework). The objective of the Framework was to establish a harmonised framework for the regulation of electronic communications networks and services throughout the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and came into force three days after publication. The European Electronic Communications Code...

LCAM Expedited Arbitration Rules (2022)

LCAM Expedited Arbitration Rules (2022) Background Several arbitral institutions and indeed even the UNCITRAL have in recent years developed expedited or fast track rules for low value disputes and for parties looking to avoid a lengthy arbitration process. Typically, these rules provide for the arbitral process to be conducted on a truncated timeline with a final award to be rendered within three or six months of commencement. For a general discussion on Expedited Rules, see Practice Note: Expedited (aka fast-track) arbitration. This note considers LCAM’s Expedited Arbitration Rules (the Expedited Rules), which have been in force since 1 September 2022, see Practice Note: LCIA (2020)—guidance on creation of a fast-track procedure. As Article 1.2 of the Expedited Rules state, they entail ‘…a complete stand-alone documents-only procedure for the resolution of disputes through arbitration by a sole arbitrator appointed by LCAM. The procedure administered by LCAM under the Rules is intended to be simple, expedited and cost effective’. The LCAM Expedited Rules stand out from the crowd in the following...

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Step-in rights and SRA compliance clauses: law firm outsourcing agreement

1 Definitions for Step-in rights and SRA compliance clauses: law firm outsourcing agreement Applicable Laws means: (a) the laws of England and Wales [and [insert other specific applicable laws, eg of other jurisdictions where the Services will be performed]]; (b) any other laws or regulations; (c) any industry codes, policies or guidelines issued by a Regulator as notified to Supplier by Customer from time to time in each case, as these are applicable to the performance of the Services; Confidential Information ...

Indemnity clause—infringement of third party IP rights (consultant appointment)

Indemnity

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Where a settlement agreement provides for the employer to make a contribution to the employee’s legal costs, payable direct to the employee’s law firm, can the law firm bring proceedings against the employer if it fails to pay?

Where a settlement agreement provides for the employer to make a contribution to the employee’s legal costs, payable direct to the employee’s law firm, can the law firm bring proceedings against the employer if it fails to pay? For information on: • the legal requirements that must be met for a settlement agreement to be binding and valid to settle statutory employment claims, see Practice Note: Settlement agreements in employment—legal requirements • the practical issues that typically arise in relation to a settlement agreement, see Practice Note: Settlement agreements in employment—practical and tax issues Contribution to legal costs A settlement agreement will typically provide for the employer to make a contribution to the employee’s legal costs. For general information on payment of legal fees incurred by an employee in relation to a settlement agreement generally, see the section of Practice Note: Settlement agreements in employment—practical and tax issues entitled ‘Payment for legal advice’. For a sample clause in the settlement agreement dealing with payment of legal fees, see Clause 13.2...

Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)?

Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)? If a worker has not been paid the national minimum wage: • the worker can enforce their entitlement by way of their contract by making a claim for breach of contract or a claim for unlawful deduction from wages • HM Revenue and Customs (HMRC) can enforce the worker's entitlement by issuing a notice of underpayment or suing on the worker's behalf For further information, see Practice Note: National minimum wage, in particular the main sections dealing with Consequences of failure to pay and Enforcement...

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Venezuela loses challenge to US$8.5bn Conocophillips Award

Law360: An ad hoc committee on 22 January 2025 declined to annul an arbitral award now worth more than US$8.5bn issued to ConocoPhillips in a 17-year-old dispute initiated after Venezuela nationalised three of the oil giant's projects, completely rejecting the country's challenge in a sweeping 356-page decision.

New briefing highlights legal challenges facing stateless people in UK

A new joint policy briefing ‘Stateless People in the UK: at risk of legal limbo, in need of protection’ has been released by several organisations, which draws attention to the precarious legal situation of stateless people in the UK. Border Criminologies, at the University of Oxford, has published a blog written by Sophie Cartwright (Senior Policy Officer at the Jesuit Refugee Service UK), which summarises the briefing. It highlights that despite international obligations, the UK's statelessness determination procedure is fraught with issues, including an onerous burden of proof, lack of appeal rights, and lengthy delays. Recent changes to Immigration Rules in January 2024 have further complicated family reunification for stateless individuals. The briefing also notes that prohibitive citizenship fees and limited access to legal aid in England and Wales compound difficulties for those seeking to resolve their stateless status. These systemic challenges leave many stateless people at risk of exploitation and unable to regularise their situation, despite existing legal frameworks intended to provide protection.