Stevens & Bolton Podcast Channel

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

The S&B People Podcast - Post-pandemic compensation strategies

S&B’s People Podcast is a series of bite-sized podcasts aimed at busy HR professionals and employers.

The COVID-19 Pandemic has fundamentally changed the UK workplace and accelerated new working practices. Has your business’s remuneration model kept pace with change? How can your compensation strategy capitalise on the opportunities presented by the new landscape? Employment law experts, Sarah Taylor and Rebecca Berry discuss in this episode.

Meeting Room 7 - The patent licensing podcast - Should I be worried about…?

Episode 8 of our patent licensing podcast from Meeting Room 7, the final episode in this series, answers the question “Should I be worried about…?” in relation to some of the key issues that underpin important licensing provisions.

Charlotte Tillett, head of Stevens & Bolton’s life sciences group, is joined by Professional Support Lawyer Astrid Arnold and Associate Melissa Turner to discuss some thorny issues and their implications on patent and knowhow licensing agreements. The episode includes:

• The Unified Patent Court – a brief update on the status of the UPC, why it is still relevant to the UK, and issues to be considered for the terms of a patent licence agreement
• An exclusive licensee’s standing to sue under an agreement - how an exclusive licensee can protect its position particularly in light of the recent Neurim case
• Brexit – key provisions to cover in an agreement and important points on enforcement mechanisms post-Brexit
• The Technology Transfer Block Exemption Regulation – its status in the UK, and the points you need to know on improvements and no challenge provisions

Meeting Room 7 - The patent licensing podcast - Warranties, liabilities and indemnities

Episode 7 of our patent licensing podcast from Meeting Room 7 focuses on warranties, liabilities and indemnities. 

Charlotte Tillett, head of Stevens & Bolton’s life sciences group, is joined by Senior Associate Tom Collins and Partner Gustaf Duhs (as a special guest from our commercial and regulatory team) to discuss what needs to be considered - by both the licensor and licensee - when it comes to negotiating warranties, indemnities and liability provisions. The episode includes:

• An overview of warranties, indemnities and liabilities and the interaction between these provisions in licence agreements
• The typical types of warranties and indemnities that a licensor and licensee would expect to see in agreements of this nature, with a particular focus in the life sciences sector
• A discussion on the different ways in which a party may seek to limit its liability to the other party in a licence agreement
• How to tackle thorny issues such as caps on liability and negotiating a compromise position to strike a commercial deal

Meeting Room 7 – Patent licensing – Disputes part 2

Episode 6 of our patent licensing podcast from Meeting Room 7 focuses on disputes.

Charlotte Tillett, head of Stevens & Bolton’s life sciences group, is joined by Head of IP Tom Lingard and dispute resolution partner Catherine Penny to discuss the practical aspects of disputes that might arise from patent and know how licensing agreements. Following on from the last episode, Disputes: Part 1, in which we covered the key provisions in an agreement required to properly address potential disputes, part 2 looks at the procedure, strategy and tactics.

 The episode includes:

• Pre-action considerations and what to do when issues first arise
• Tactics
• Settlement opportunities
• The enforcement of a judgment or arbitral award

The S&B People Podcast - War for talent

S&B’s People Podcast is a series of bite-sized podcasts aimed at busy HR professionals and employers.

Our topic for January is the UK’s War for Talent. As we enter 2022, the challenge of recruiting and retaining talent is greater than ever - what tactics, terms and benefits are most effective at winning the battle? What innovations have we seen to give businesses the edge? Employment law experts, Hannah Ford and Frances Rollin discuss here.

Do you have any themes or topics that you would like us to discuss? We would love to hear from you.

Meeting Room 7 - The patent licensing podcast - Disputes part 1

Episode 5 of our patent licensing podcast from Meeting Room 7 focuses on disputes.

Charlotte Tillett, head of Stevens & Bolton’s life sciences group, is joined by Senior Associate Tom Collins and dispute resolution partner Catherine Penny to discuss drafting patent licence agreements in preparation for dispute. Looking at the key provisions that are needed in an agreement to properly address potential disputes, they explain the different types of provisions and the nuances involved, discussing topics including governing law, jurisdiction, dispute resolution mechanisms and enforcement.

The episode includes:

• The meaning and impact of governing law and jurisdiction clauses, and the implications of a non-exclusive jurisdiction clause
• What makes a good governing law choice for an international patent licence
• Key differences between arbitration and litigation, and the advantages arbitration can bring in this type of dispute
• Alternative dispute resolution and tiered dispute resolution mechanisms

Meeting Room 7 - The patent licensing podcast - Termination

Episode 4 of our patent licensing podcast from Meeting Room 7 focuses on termination. Charlotte Tillett, head of Stevens & Bolton’s life sciences group, is joined by Senior Associate Tom Collins and Associate Joanna Adcock to discuss what needs to be considered - by both the licensor and licensee - should an agreement need to be terminated, and how to prepare for such circumstances should they arise. The episode includes:

• The point at which parties would normally expect a license to end
• What rights parties have to terminate an agreement including material breach, failure to remedy and insolvency events
• Other issues that might impact termination including change of control and validity claims
• The practical points that arise upon termination and how parties might deal with these

Meeting Room 7 – Patent licensing – Payment terms and common pitfalls

Episode 3 of our patent licensing podcast from Meeting Room 7 focuses on payment terms and the common pitfalls. Charlotte Tillett, head of Stevens & Bolton’s life sciences group, is joined by associates Tom Collins and Kate Maguire to discuss the key considerations for both licensors and licensees when drafting payment terms in a patent licence agreement. The episode includes:

• Typical approaches to structuring royalty, milestone and annual lump-sum payments
• Common areas for negotiation including royalty stacking, audit rights and intra-group sales
• Different types of discounts and special deals often seen within licence agreements – and drafting pitfalls to avoid
• The importance for both parties of clearly defining terms such as 'licensed product’, ‘net sales’ and ‘valid claim’