Baker McKenzie

This Practice Note analyses the increase in ESG and climate-related litigation and sets out steps financial institutions can take to prepare for and mitigate this risk for example from climate-related and ESG litigation and regulatory enforcement action.

This Practice Note describes the consumer product safety corrective action regimes in the UK, including in particular when and how to notify relevant authorities of a product safety issue, the relevant guidance on conducting risk assessments and what corrective action should, or must, be taken when a product is deemed unsafe.

ARCHIVED: This archived Practice Note provides background reading of the short form prospectus requirements which were relevant for an offer of listed shares to employees in the UK before the Prospectus Regulation (EU) 2017/1129 became fully effective in Member States on 21 July 2019. After this date, the employee share exemption from the prospectus requirements—which previously only applied to companies with their head office or registered office in the EU or companies established outside the EU with transferable securities admitted to trading in the EU—now applies to all companies, provided that they make available a simple disclosure document. As a result of this, it is unlikely that a company will now need to issue a short form prospectus as it is easier to comply with the employee share exemption. This Practice Note is written in partnership with Jeremy Edwards of Baker & McKenzie.

This Practice Note introduces the types of awards that may be granted under a long-term incentive plan (LTIP), the constraints on LTIP provisions, the principal documentation and the types of key provisions commonly seen in an LTIP.

This Practice Note provides information and practical guidance on English law subscription agreements to lawyers advising first time issuers of debt securities and covers: (1) what a subscription agreement is (2) who signs a subscription agreement and when (3) the key terms found in a subscription agreement (4) the key areas of negotiation in a subscription agreement and (5) how and when amendments may be made to a subscription agreement

This Practice Note examines the circumstances in which an overseas company should implement a UK specific sub-plan for option grants to its UK employees. The design and common provisions for a sub-plan are considered, as well as the different approaches to be used depending upon whether the UK option grants are intended to receive tax favourable status.

This Practice Note provides guidance on unconventional trade marks and how to overcome possible obstacles to registration. Examples of unconventional trade marks are colour, sound, smell, texture, shape, gesture, position, pattern, motion, multimedia clip and hologram, which are typically more difficult to register than their traditional counterparts (words, designs, letters, numerals).

This Practice Note introduces the concept of a long-term incentive plan (LTIP). It introduces the types of awards typically granted pursuant to an LTIP and typical conditions attaching to such awards. Finally the Practice Note highlights the main distinction between UK and US LTIPs and explains why employee benefit trusts are often used to facilitate the administration of LTIPs.

This Practice Note explores the circumstances in which a company would need to publish a prospectus in the UK when implementing an employee share plan in the UK, the position with respect to various types of employee share awards and share options and the exemptions that may be available.

This Practice Note provides an overview of the legal issues that an employer should consider when an employee, employed by and working for the benefit of a UK entity, is working remotely outside the UK. It considers immigration issues, mandatory employment rights, employee benefits, employer registration requirements, health and safety issues, data protection, social security issues, income tax and withholding obligations and the need to consider whether a permanent establishment of the employer may arise in the remote working location.