Books published by Law Brief Publishing

Intercompany agreements are legal agreements which define the terms on which services, products and financial support are provided between related parties. For groups which operate internationally, intercompany agreements are the essential foundation for complying with transfer pricing regulations (the international rules which determine where profits are taxed) and for minimising the risk of double taxation.The task of maintaining an effective system of intercompany agreements often falls between two stools: tax and finance professionals may receive the blame for unexpected tax assessments resulting from transfer pricing challenges, but do not typically have the skills to manage legal documentation. Similarly, many corporate lawyers are unfamiliar with transfer pricing concepts and may not have hands-on experience of the issues involved.This book is a practical resource for finance, tax and transfer pricing professionals, and for anyone involved in designing, implementing, maintaining or reviewing intercompany agreements for multinational groups. It sets out a common-sense approach to achieving compliance so that, as far as possible, the tax, legal regulatory and governance needs of a group can be met in a holistic way.ABOUT THE AUTHORPaul Sutton is the co-founder of LCN Legal and a corporate lawyer with over 25 years' experience of advising international clients, including airlines, telecommunications groups and media networks. He has particular expertise in working alongside tax professionals worldwide on the design, implementation and maintenance of legal structures for large corporates. His experience includes working in KPMG's law firm in the UK, where he worked closely with international tax teams and developed his specialism in the legal issues which underpin transfer pricing compliance.Paul has been recognised and quoted as an expert by publications such as the Financial Times, the Scotsman newspaper and Financial Director Magazine. He regularly contributes to technical publications for legal and tax professionals. Through LCN Legal he has pioneered the publication of templates and other resources for tax and finance professionals.

Businesses need to understand the value in inventions, but do not always fully appreciate the relationship between their employees, the inventions they create and who owns the result. In this book, oriented to the business executive and written in straightforward language we guide the reader through the detail and procedures relating to employee inventions, explaining under what circumstances a person is a relevant employee so that their inventions become those of their employers. The law is specified in the Patents Act 1977 but there are circumstances where the factual position as to who is an employee, and whether their invention belongs to an employer is not so clear cut. The commentary takes the reader through a series of cases and a course of commentary to explain this area of law.There has also been recent judicial attention as to the level of compensation which ought to be paid to employees for inventions that benefit their employer. We explain the concept of making a contribution which is of outstanding benefit to the employer, and in what circumstances the employer's benefits deriving from the invention, the patent for it or both can then require a fair share to be paid to the employee. What was a little known part of patent law has been brought to the fore by this book and is given the prominence and explanation that it deserves.ABOUT THE AUTHORSJames Tumbridge is a barrister and an Intellectual Property Litigation partner at Venner Shipley, a European Intellectual Property firm. James has been a litigator for 20 years, and has extensive experience in commercial litigation, intellectual property and alternative dispute resolution. He has a uniquely international experience having worked and appeared in courts in the USA, Canada, the UK and British Overseas territories. He is the author of 'Tumbridge's Guide to Legal Qualification: The Common Law World', and a co-author of 'Drafting Patents for Litigation and Licensing'; and co-author of 'Privilege and Professional Confidences: An International Review'.Ashley Roughton is a practicing barrister and has been in practice in technology based areas of law, principally Intellectual Property law and competition for over 25 years. He is also a teaching member of the department of Law at Queen Mary, University of London. Ashley is a co-author of the competition annex of the CIPA guide and also writes a number of chapters for both 'The Modern Law of Trade Marks' and 'The Modern Law of Patents' (of which he is chief editor).CONTENTS1. Introduction2. General Summary3. The Relationship Between Employer and Employee and the Notion of a Worker4. Employee Inventions Arising Under the Patents Act 1977 and the European Patents Convention5. Employee Inventions Arising in Equity6. Employee Inventions and Assignments7. Entitlement8. The Employee as the Proprietor and the Duty to Account9. The Employer as the Proprietor and the Obligation to Compensate

Indemnities have become commonplace in modern commercial contracts, with a modern commercial contract often containing numerous indemnities and using familiar expressions such as "save and hold harmless". However, few lawyers can say with confidence what such expressions mean or even what the advantage of an indemnity is over a straight breach of warranty claim. Along with their popularity in modern drafting, cases are starting to come along at an increasing rate and the courts are having to address exactly what indemnities are and what they mean in practice. Indeed, from these same cases it can be seen what the pitfalls are for the lawyer involved in drafting or negotiating indemnities in commercial contracts.While cases on indemnities go back centuries, this book focuses on the recent cases to draw out the practical implications for lawyers. There are many cases on the subject and the decisions are not always easy to reconcile, but this book tries to draw out the lessons that can be learned from the cases to demystify the indemnity and explain its practical implications. It is strange that the indemnity has become so popular while at the same time there is a dearth of academic or practical literature on the subject. This book attempts to state in a coherent fashion a modern "law of indemnities" for the modern commercial lawyer.ABOUT THE AUTHORRichard Stephens has been in practice for some forty years, working primarily in the technology sector. He has seen the law from the angle of both a litigator and a non-contentious lawyer and brings to bear his experience in both of these fields. Richard first qualified as a barrister before moving in-house to work at two prominent IT companies in the 90's and then requalifying as a solicitor to become a partner in two City of London Law firms. He set up his own practice in 2004 and since then has worked as mediator and arbitrator in numerous cases as well as establishing himself as a trainer in the area of commercial legal subjects, including a half-day session looking specifically at contractual indemnities. He is a Fellow of the Chartered Institute of Arbitrators, of the British Computer Society and of the Society for Computers & Law (of which he is a past Chair).CONTENTSChapter One - What Is an Indemnity?Chapter Two - Construction of IndemnitiesChapter Three - Recovering Under an IndemnityChapter Four - Scope of the IndemnityChapter Five - Liability IssuesChapter Six - How the Law Applies to Different Types of Indemnity