Stevens & Bolton Podcast Channel

Commercial Contracts Podcast – Jurisdiction

In episode 10 of our Commercial Contracts Podcast Beverley Flynn, head of commercial and technology is joined by dispute resolution specialists, Catherine Penny and James Evison to discuss jurisdiction clauses in standard terms and contracts

 In this podcast, we address the following key questions:

• “In this podcast we address:
• Jurisdiction clauses in commercial contracts after Brexit;
• What to consider when drafting a jurisdiction clause;
• How to approach jurisdiction in commercial contracts with an international element; and
• The impact of not having a jurisdiction clause if a dispute arises”.

Commercial Contracts Podcast – Liquidated damages and penalties

In episode 9 of our Commercial Contracts Podcast Beverley Flynn, head of commercial and technology is joined by dispute resolution specialists, Catherine Penny and Alasdair McDowell to discuss the benefits of liquidated damages and the key points to consider when updating your standard terms and conditions.

 In this podcast, we address the following key questions:

• What are liquidated damages clauses?
• What are the benefits of liquidated damages clauses?
• What makes a liquidated damages clause a penalty clause?
• What are a party’s “legitimate interests” and why is it important to know?
• Is a service credits system in a contract a liquidated damages clause or simply payment mechanism?

Commercial Contract Podcast - GDPR

In episode 8 of our Commercial Contracts 22 podcast Beverley Flynn, Head of Data Protection is joined by IT Partner, Charlie Maurice to discuss the latest changes in data protection laws and the key points to consider when updating your standard terms and conditions, master services agreements and outsourcing arrangements.

The episode includes:

1. Developments in data protection law and practice in a post-Brexit landscape
2. Considerations for both controllers and processors in this context, including possible changes to data protection documentation and legal references
3. International transfers and the latest position on transfers from the UK and the EEA
4. Appointment of representatives

Commercial Contract Podcast - ESG

Episode 7 of our Commercial Contracts 22 podcast focuses on the important topic of environmental, social and governance (ESG) values. Beverley Flynn, head of commercial and technology is joined by commercial partner, Nicola Broadhurst to discuss practical tips on improving your commercial contracts with your sustainability goals in mind. The episode covers:

• ESG – what is it
• Greenwashing explained
• What legal resources are there
• Top tips

Commercial Contracts Podcast – Costs, RPI and COGS - cost charging mechanisms examined in light of inflation

Episode 6 of our Commercial Contracts 22 podcast focuses on the thorny issue of inflation and costs, RPI and Cost of Goods Sold (COGS) from the perspective of standard terms and conditions, master services agreements and outsourcing arrangements. Beverley Flynn, head of commercial and technology is joined by commercial partner, Charlie Maurice to discuss this topical issue and the options available.

 In these cost-pressured times we discuss:

• Pricing clauses in contracts and issues to consider from both customer and supplier perspectives
• How contract prices are often recalculated, including the various indices (e.g. RPI, CPI) used to do so and some of the differences between them
• Issues with RPI and the latest on its replacement as an official measure of inflation
• Rise in COGS and trends we are seeing in the market following material events such as Brexit and the effect of Covid

Commercial Contracts Podcast – Insolvency considerations

Episode 5 of our Commercial Contracts 22 podcast focuses on changes to insolvency legislation and how this may affect your standard terms and conditions.

Beverley Flynn, head of Stevens & Bolton’s commercial and technology team is joined by our co-head of restructuring and insolvency, Tim Carter to discuss practical tips on drafting and improving your commercial contracts. The episode includes:

• Suppliers beware: the Corporate Insolvency and Governance Act 2020 introduced a bar on the termination of contracts by reason of insolvency
• The essential facts: covering the type of insolvency proceedings, how suppliers (and customers) are effected and which contracts
• Standard terms: how can suppliers better protect their position

Commercial Contracts Podcast – Employment and TUPE considerations

Episode 4 of our Commercial Contracts Podcast focuses on the key considerations when negotiating outsourcing agreements with a service provider from an employment perspective.

Beverley Flynn, head of Stevens & Bolton’s commercial and technology team is joined by our head of employment and immigration, Kerry Garcia, to discuss practical tips on drafting and improving your commercial contracts. The episode covers:

• Issues to consider in deciding whether TUPE applies and an overview of risks in relation to TUPE
• Apportioning risk in relation to TUPE and TUPE clauses on award and on exit
• Other employment clauses, including warranties and provision of employee information
• Interaction between the TUPE schedule and the main terms of the agreement

Commercial Contracts Podcast - Confidentiality provisions and trade secrets

Episode 3 of our Commercial Contracts Podcast focuses on intellectual property and updating your T&Cs confidential information and trade secrets.

Beverley Flynn, head of Stevens & Bolton’s commercial and technology team is joined by our head of IP, Tom Lingard who provide practical tips on how to update and improve your standard terms and conditions, master services agreements, outsourcing arrangements and contractual terms. This episode includes:

• Drafting confidentiality clauses and agreements that work
• The risks of relying on NDAs and the interaction of confidentiality, restrictive covenants and other protective clauses
• Practical steps for protecting trade secrets

Commercial Contracts Podcast - Limits on liability

In episode 2 of our Commercial Contracts Podcast Beverley Flynn, head of Stevens & Bolton’s commercial and technology team is joined by commercial law expert, Beverley Whittaker to discuss limits on liability. This episode includes:

• a discussion of the importance of limits on liability in supply terms and why they can be tricky
• key points for suppliers in B2B transactions
• tips for purchasers considering supplier terms or their own procurement terms

Commercial Contracts Podcast - Force majeure

Welcome to Commercial Contracts 22, a podcast from the commercial and technology team at Stevens & Bolton. In this series we will be providing practical tips on how to update and improve your standard terms and conditions, master services agreements (MSAs), outsourcing arrangements and contractual terms. We will be talking with specialists from various areas across the firm gaining insight on how new developments in the law may impact on your terms and conditions.

In this first episode, Beverley Flynn, head of commercial and technology is joined by Gustaf Duhs, head of competition and regulatory to discuss force majeure. In this episode we cover:

• What is intended by the term force majeure
• Some key issues when defining force majeure
• Tips on issues that can arise when dealing with force majeure clauses