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Thinking - Publication

Sports Ticker: F1 Alpine secures funding and sports tech VC investment shows signs of a bounceback – a speed-read of commercial updates from the sports world

Published on 13 Jul 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the men's England U21s football team triumph in the Euros and the start of Wimbledon, we bring you updates on Caster Semenya's victory in the European Court of Human Rights, and investments in F1 and the sports tech sector. We also feature stories on a record-breaking start to the Women's Ashes and the Tour de France starting to incorporate ChatGPT.

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Thinking - Publication

RPC Insurtech in brief - July 2023

Published on 12 Jul 2023. By Neil Brown, Partner and William Hogarth, Partner and Lauren Murphy, Senior Associate

Welcome to the July 2023 edition of Insurtech in Brief - a selection of the latest insurtech news and developments from across the globe.

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Thinking - Snapshot

ASA guidance on “Carbon Neutral” and “Net Zero” as part of a greenwashing crackdown

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What does CAP’s updated advertising guidance mean for businesses who wish to use green claims in marketing materials?

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Thinking - Snapshot

ASA slams KSI and JD Sports for omitting #ad in online post

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What if a social media post is clearly a piece of marketing? Do you still need to prominently label it with #ad?

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Thinking - Snapshot

OFCOM consultation on advertising “less healthy” food and drink products

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How are new restrictions on the advertising of less healthy food and drink products under the Health and Care Act 2022 (HCA 2022) likely to be implemented?

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Thinking - Snapshot

ASA upholds ban on BetVictor ad featuring football stars with “strong appeal” to under 18s

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are the rules on including sports stars with strong appeal to under 18-year-olds in gaming and lottery ads?

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Thinking - Snapshot

Avoiding a subscription trap: CAP issues enforcement notice on online ads for subscription services

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What do traders need to do to ensure online ads for free trials or promotions to subscription services comply with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code)?

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Thinking - Snapshot

CMA and CAP issue stronger joint guidance on influencer marketing

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What can we learn from the new edition of the joint CAP and CMA “Influencers guide to making clear that ads are ads”?

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Thinking - Snapshot

CMA open letter to businesses on urgency and price reduction claims

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are urgency and price reduction claims and when will they breach consumer protection laws?

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Thinking - Snapshot

Lufthansa ad campaign to protect the environment fails to fly with the ASA

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

Can an airline claim to be protecting the environment?

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Thinking - Snapshot

Social media influencer criticised by ASA for not clearly identifying a TikTok video as a marketing communication

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What should social media influencers include in their TikTok content to ensure they are obviously identifiable as marketing communications?

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Thinking - Snapshot

New legislation proposed to bring FCA regulation to cryptoasset promotions

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What will the Government’s new legislation mean for the promotion of cryptoassets?

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Thinking - Snapshot

ASA ends Etihad Airways’ “sustainable aviation” campaign

Published on 06 Jul 2023. By Oliver Bray, Senior Partner

What went wrong with Etihad’s claim about their commitment to “sustainable aviation” and why did the ASA hold it in breach of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code)?

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Thinking - Snapshot

ASA rules against use of filters to promote beauty products

Published on 06 Jul 2023. By Oliver Bray, Senior Partner

How careful should advertisers and influencers be when using in-app filters for beauty products? And is “#myownbrand” helpful from an advertising disclosure perspective for an influencer’s own products?

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Thinking - Video

The Unified Patent Court – Are the benefits of national courts being forgotten amidst the excitement of the UPC opening?

Published on 03 Jul 2023. By Matthew Jones, Partner

Patent Litigation Partner Matthew Jones is joined by Sarah Breckenridge, Investment Manager at Erso Capital to discuss the recent excitement surrounding the opening of the Unified Patent Court.

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Thinking - Publication

Sports Ticker: IOC and WIPO partner to promote IP use, and Sony and Fnatic join forces in new global partnership – a speed-read of commercial updates from the sports world

Published on 28 Jun 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the starts of both the Men's and Women's Ashes series, as well as the publication of the long awaited and very critical report from the Independent Commission for Equity in Cricket as to the state of the sport, we bring you updates on a new framework for IP use and management in sport and an exciting new partnership between Sony INZONE and Fnatic. We also feature stories on a partnership between SailGP and Oracle, a Twitch star signing a $100m deal with a competitor and the results of an intriguing study into heading in football.

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Thinking - Publication

Sports Ticker: Golf's surprise merger, World Curling’s makeover and French Open v online abuse – a speed-read of commercial updates from the sports world

Published on 16 Jun 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw Novak Djokovic win the French Open to claim his 23rd Grand Slam title and Manchester City defeat Inter Milan in the Champions League final, we bring you updates on the big news in the world of golf, the Premier League's prosecution of illegal streamers, and the French Open's strategy to combat player cyberbullying. We also feature stories on the World Curling Federation's plans for modernisation and Wrexham AFC's new stadium sponsors.

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Thinking - Blog

UK Government wants understanding of video games to move to the next level

Published on 12 Jun 2023. By Gowri Chandrashekar, Senior Associate and Zoe Harvey, Associate

On 30 May 2023, the UK Government published a Video Games Research Framework which encourages research on video games and emerging game-related technologies.

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Thinking - Publication

Sports Ticker: YEEZY back on sale, a new anti-piracy task force and PUMA to outfit F1 – a speed-read of commercial updates from the sports world

Published on 30 May 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw Manchester City win the Premier League trophy and flooding in northern Italy cancel the F1 Imola Grand Prix, we bring you updates on Unilever's sponsorship of the FIFA Women's World Cup, a new taskforce to tackle sports streaming piracy and PUMA becoming the official outfitter of Formula 1. We also feature stories on Adidas' plan for its remaining YEEZY stock and Women's World Rugby's partnership with Gallagher.

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Thinking - Publication

Sports Ticker: Introducing EA Sports FC, GB Boxing splits from IBA and SailGP partners with IMG – a speed-read of commercial updates from the sports world

Published on 19 May 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw England defeat France in the Women's Six Nations in front of a record-breaking crowd and Andy Murray take his first tennis title since 2019, we bring you updates on EA Sports FC, Team GB's break from the International Boxing Association and SailGP's partnership with IMG. We also feature stories on the world's first para-astronaut and the Sport Industry Awards.

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Thinking - Blog

Generative AI and intellectual property rights—the UK government's position

Published on 03 May 2023. By Helen Armstrong, Partner and Jani Ihalainen, Associate and Joshy Thomas, Knowledge Lawyer

The IPO is to produce a code of practice by the summer that will provide guidance to support AI firms in accessing copyright protected works as an input to their models.

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Thinking - Publication

Sports Ticker (27 April 2023) – PL gambling sponsor ban, WWE x UFC merger and Schumacher's AI interview – a speed-read of commercial updates from the sports world

Published on 28 Apr 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw Corach Rambler win the Grand National, the UK & Ireland submit its bid to host the UEFA Euro 2028 men's tournament, and 48,000 runners take to the streets for the London Marathon, we bring you updates on Spotify's new integration with Strava and Team GB's collaboration with Birds Eye. We also feature stories on a controversial AI-generated interview with Michael Schumacher and our own Kate O'Malley's sub-three hour marathon success.

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Thinking - Publication

Sports Ticker (12 April 2023) – EFL broadcasting rights, HSBC and EXCEL team up and Russia's athletics ban – a speed-read of commercial updates from the sports world

Published on 12 Apr 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the Masters 2023 contested by golfers from both the PGA and LIV Golf, Anthony Joshua claim a points victory over Jermaine Franklin and Gwyneth Paltrow cleared of charges in her ski lawsuit (Ticker 82), we bring you updates on the proposed equal gender Formula 1 team and World Athletics' decision on Russian athletes. We also feature stories on Aleksandar Mitrovic's punishment for pushing a referee and the NHL's new official outfitter.

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Thinking - Blog

Going Green - Draft Sustainability Guidance from the CMA

Published on 03 Apr 2023. By Ciara Cullen, Partner and Melanie Musgrave, Of Counsel and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

Following its public consultation, the CMA has published its advice to government on how competition and consumer laws can help meet the UK's environmental goals.

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Thinking - Publication

Sports Ticker (31 March 2023) – Cadbury's football partners, Pitch invests in D&G and World Rugby on tackle height – a speed-read of commercial updates from the sports world

Published on 31 Mar 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the Irish rugby team claim a 4th Grand Slam at the Six Nations and Galopin Des Champs win the Gold Cup at Cheltenham, we bring you updates on World Athletics' ruling on transgender athletes and Cadbury's deals with Chelsea FC and Manchester United. We also feature stories on TikTok joining forces with MLS and Gwyneth Paltrow's 2016 ski incident.

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Thinking - Blog

Silicon Valley, Signature and Credit Suisse: what do they all share(holder) in common?

Published on 28 Mar 2023. By James Wickes, Partner and Oliver Knox, Partner

In what has been termed "the biggest banking crisis since 2008", both Silicon Valley Bank (SVB) and Signature Bank have collapsed, and Credit Suisse has been rescued. Whether more banks are to follow suit is yet to be seen.

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Thinking - Blog

M&S v Aldi – lookalike claims lit up by design rights

Published on 24 Mar 2023. By Ciara Cullen, Partner and Harpreet Kaur, Associate and Jack McAlone, Associate

As lookalike products rise in prominence, the Intellectual Property Enterprise Court's (IPEC) recent ruling that the sale and advertisement of Aldi's 'Infusionist' range of favoured gins infringed M&S's UK registered designs protecting the light-up bottles containing its 'Snow Globe' gin range (Marks and Spencer PLC v Aldi Stores Limited [2023] EWHC 178) highlights the utility of registered design rights in circumstances where other intellectual property rights (IPR) are often less able to provide protection.

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Thinking - Publication

Sports Ticker (17 March 2023) – Spurs / F1 partnership, Cricket broadcasting rights purchases, and England Athletics' clothing partnership – a speed-read of commercial updates from the sports world

Published on 17 Mar 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the England men's rugby team suffer a record defeat to France in the Six Nations, we bring you updates on F1's new partnership with Tottenham Hotspur and broadcast agreements for the IPL and WPL. We also feature the suspension of Gary Lineker from Match of the Day and England Athletics' new clothing partnership.

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Thinking - Publication

RPC Insurtech in brief - March 2023

Published on 15 Mar 2023. By Neil Brown, Partner and William Hogarth, Partner and Lauren Murphy, Senior Associate

Welcome to the March 2023 edition of Insurtech in Brief - a selection of the latest insurtech news and developments from across the globe.

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Thinking - Publication

Sports Ticker (1 March 2023) – New football regulator, BT Sport and Eurosport merger and LaLiga docuseries – a speed-read of commercial updates from the sports world

Published on 01 Mar 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the UK Government present early details of its eagerly awaited plans to regulate the football industry, and the PGA and LPGA announce a new annual mixed-team golfing event, we feature updates on the BT and Eurosport merger, the newly announced Netflix docuseries on LaLiga and the NBA's new live avatar experience app feature.

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Thinking - Publication

Sports Ticker (15 February 2023) – Tackle law changes, Man City financial breach allegations and Ford's return to F1 – a speed-read of commercial updates from the sports world

Published on 15 Feb 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw Kansas City Chiefs defeat the Philadelphia Eagles in a thrilling 38-35 Super Bowl contest, Chelsea's spending spree continue with the signing of Benfica’s Enzo Fernández for British record £106.8m fee, and the completion of Jim O'Toole and James Sandford's purchase of Worcester Warriors (and the various back and forth on what that means for the future of Worcester or Sixways RFC), we bring you updates on Ford's re-entrance into F1, the RFU's decision to seek club guidance on tackle law changes, and more.

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Thinking - Publication

Sports Ticker (6 February 2023) – Equal pay in Welsh football, Meta VR sports, and Gloucester Rugby's net zero ambition – a speed-read of commercial updates from the sports world

Published on 06 Feb 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the Football Association of Wales reach an equal pay agreement, we feature stories on Meta's foray into the NBA and Rugby World Cup and Team GB's renewal of its licensing agreement. We also bring you updates on Gloucester Rugby's strive for net zero and Sir Jim Ratcliffe's bid for Manchester United.

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Thinking - Publication

RPC Insurtech in brief - February 2023

Published on 06 Feb 2023. By Neil Brown, Partner and William Hogarth, Partner and Lauren Murphy, Senior Associate

Welcome to the February 2023 edition of Insurtech in Brief - a selection of the latest insurtech news and developments from across the globe.

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Thinking - Publication

Sports Ticker (19 January 2023) – Winter Olympics environmental concerns, FIFA caps agent fees, and YouTube & NFL deal – a speed-read of commercial updates from the sports world

Published on 19 Jan 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw FIFA publish the anticipated new regulations on football agents, we feature stories on the Winter Olympics decision to delay selection for the 2030 games amidst environmental worries and on Youtube's £11.6bn deal with the NFL. We also bring you updates on Fanatic's decision to divest its 60% stake in NFT company Candy Digital, and reports that LIV Golf may offer UK broadcasting rights for free.

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Thinking - Snapshot

CMA issues guidance on influencer marketing, including #ad for gifts (!)

Published on 23 Dec 2022. By Oliver Bray, Senior Partner

What is the CMA’s current stance on influencer marketing? And are they really insisting on #ad for gifts?

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Thinking - Snapshot

HSBC finds itself in hot water over climate change claims

Published on 22 Dec 2022. By Oliver Bray, Senior Partner

What does the ASA’s recent ruling on two HSBC adverts tell us about its approach to claims of greenwashing?

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Thinking - Publication

Sports Ticker (15 December 2022) – Fury vs Chisora sponsorship, FIFA World Cup viewership and £400m bid for The Hundred – a speed-read of commercial updates from the sports world

Published on 15 Dec 2022. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw England defeated by France in the Qatar 2022 World Cup quarter-finals, we bring you updates on the £400m bid for The Hundred, EE and EXCEL Esports' sponsorship renewal and BetFred's sponsorship of the Fury v Chisora heavyweight title fight. We also feature updates on beIN MENA's record breaking Qatar 2022 World Cup viewership and the innovative AI generated art based on world cup match outcomes that will become NFTs.

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Thinking - Blog

New Digital Regulators on the 2023 Horizon: the Digital Markets Unit and the European Centre for Algorithmic Transparency

Published on 02 Dec 2022. By David Cran, Partner, Head of IP & Tech and Chris Ross, Partner

For a number of years, the UK Government has been laying the groundwork to bring in a digital markets regime to regulate digital firms designated as having ‘strategic market status’ (SMS). To be designated as having SMS, a firm must have 'substantial and entrenched market power' in at least one activity. Companies having SMS are likely to include the largest tech firms such as Amazon, Apple, Google, Microsoft and Meta (the so called 'GAMMA' firms).

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Thinking - Publication

Sports Ticker (30 November 2022) – new women's F1 academy, government reviews broadcasting of major sporting events and Real Madrid's theme park in Dubai – a speed-read of commercial updates from the sports world

Published on 30 Nov 2022. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the Qatar 2022 World Cup kick off, we bring you updates on the launch of a new all-female F1 academy, the announcement of a government review as to whether major sporting events should be free to view, and Sky and Channel 4's deal to broadcast the T20 World Cup. We also cover the development of a Real Madrid theme park in Dubai and record-breaking viewership of USA v England in the World Cup.

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Thinking - Publication

RPC Insurtech in brief - November 2022

Published on 17 Nov 2022. By Neil Brown, Partner and William Hogarth, Partner and Lauren Murphy, Senior Associate

Welcome to the November 2022 edition of Insurtech in Brief - a selection of the latest insurtech news and developments from across the globe.

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Thinking - Publication

Sports Ticker (16 November 2022) – Hope for Wasps and Worcester, Hamilton's production company and Man City record revenues – a speed-read of commercial updates from the sports world

Published on 16 Nov 2022. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the Red Roses fall agonisingly short in a brilliant Women's Rugby World Cup final against hosts New Zealand, and Man United reportedly taking legal advice before responding to Ronaldo's TalkTV interview, we bring you updates on Amazon's sponsorship deal with Sage and BT, and the BBC's acquisition of broadcasting rights for the Billie Jean King Cup. We also cover reports of a Liverpool FC sale and Manchester City's record-breaking revenue.

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Thinking - Blog

Lookalikes and passing off—bottle design get-up claim (Au Vodka)

Published on 07 Nov 2022. By Ciara Cullen, Partner and Sarah Mountain, Partner and Samuel Coppard, Senior Associate

Currently there's significant activity in the lookalikes space. The Au Vodka claim (Au Vodka v NE10 Vodka [2022] EWHC 2371), which focuses on bottle design 'get-up', arrived in the courts for an interim injunction hearing in September 2022. Au Vodka's application was dismissed. The judgment shows that passing off—get-up claims based on shape can be challenging to bring, particularly at the interim stage, and prompts the question of whether it's possible to bring Cofemel and copyright into the lookalikes arena.

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Thinking - Publication

Sports Ticker (2 November 2022) – McLaren's advertising partnership, Yupp TV T20 rights and European Super League claim – a speed-read of commercial updates from the sports world

Published on 02 Nov 2022. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw 29 football clubs urge the Government to “save football” with plans for an independent regulator, and Red Bull entering an Accepted Breach Agreement after exceeding the $145m budget cap in 2021 (leaving Mercedes, Ferrari and others reportedly upset with the sanctions), we feature updates on McLaren's digital advertising partnership and YuppTV's exclusive broadcast rights for the ICC T20 World Cup. We also look at the claim being reportedly brought by some of the European Super League clubs against UEFA and FIFA, and Apple's interest in the ATP and WTA tours.

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Thinking - Blog

Hype Economics: the haves and the have bots

Published on 01 Nov 2022.

With the most wanted items selling out in the blink of an eye, consumers are leveraging automation to get ahead. Is the use of bots creating more than a moral dilemma for retailers?

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Thinking - Blog

Digital services providers—Commission to focus on implementation phase of EU consumer protection legislation

Published on 31 Oct 2022. By David Cran, Partner, Head of IP & Tech and Ellie Chakarto, Senior Associate

The Digital Services Act (DSA) and the Digital Markets Act (DMA) are published in the Official Journal and the plenary vote of the European Parliament on the proposed text of the AI Act is expected once amendments are agreed by negotiators. The Commission is now turning its focus to the implementation phase of these landmark regimes. So, what does the future hold for the European tech sector and how might it differ for the UK?

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Press and Media

RPC hires Helen Armstrong to grow its award-winning Technology practice

Published on 31 Oct 2022. By Helen Armstrong, Partner

RPC continues its investment in its Tech Disputes offering to support the firm's rapid growth within the technology sector. Armstrong is RPC's 20th new Partner in 2022; mix of lateral hires and internal promotions.

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Thinking - Publication

Restructuring Plans – A Sea Change?

Published on 26 Oct 2022. By Paul Bagon, Partner and Will Beck, Of Counsel and Knowledge Lawyer

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Thinking - Blog

Ten tips for retailers entering the metaverse

Published on 25 Oct 2022. By Paul Joukador, Partner and Hettie Homewood , Senior Associate

Once the province of online gaming and social media, the metaverse is the new hot topic in retail.

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Thinking - Publication

Sports Ticker ( 20 October 2022) - Shell's cycling partnership, F1 budget breach and Wasps administration – a speed-read of commercial updates from the sports world

Published on 20 Oct 2022. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw Max Verstappen named F1 World Champion and amendments to ICAS' sports-related arbitration rules, we feature updates on the partnership deal reached between Shell and British Cycling, Wasps entering administration and the consequential redundancies, the £120m takeover of Bournemouth AFC and controversy over findings that Red Bull has reportedly breached F1's budgeting caps.

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Thinking - Publication

RPC Insurtech in brief - October 2022

Published on 12 Oct 2022. By Neil Brown, Partner and William Hogarth, Partner and Lauren Murphy, Senior Associate

Welcome to the October 2022 edition of Insurtech in brief - a selection of the latest insurtech news and developments from across the globe.

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