Practical LawConferences

Introducing “Trendy Company Limited”

Happy lawyer. Happy company: How to deliver in an expanding and innovative company.

“Trendy Company Limited” considers how it might grow internationally and whether a franchise or JV is a suitable structure; What key issues are faced by a company that is looking to use franchising to expand internationally?

• Structuring Options
  • Master Franchise
  • Area Development
  • Single Unit Franchise
• Key issues that come up in the franchise agreement such as
  • Exit
  • Sale of business
  • Termination
  • Global franchise laws and due diligence

PLENARY 2

Part 1 – Trendy has a number of complaints from customer about some of its new products, which highlights that it needs to:

• Ensure policies are in place that describe to all employees of the company how best to react to complaints of any scale;
• Review its T&Cs and understand the Consumer rights changes for the goods, services and digital content it supplies; and
• Consider the content of all consumer communication when dealing with complaints in relation to goods, services and digital content.

Part 2 – Trendy also needs to consider the Modern Slavery Act application and what it is going to put in its statement;

• An overview of the Modern Slavery Act 2015
• The obligation to produce a Slavery and Human Trafficking Statement
  • Who must produce a statement
  • What information must be in the statement
  • Where and when must the statement be published
  • Who must approve it
  • What are the sanctions for failure to comply
  • What is a supply chain
• Why is Trendy (or any of us) concerned about Modern Slavery Act reporting?
• Where are the risks in the supply chain?
• What about things outside our direct control?
• What sort of Slavery and Human Trafficking Statement is best?
• Can we combine it with the California Supply Chain Transparency Law statement?
• Once we issue the Statement is that it?

Following some recent high-profile trade mark, copyright and designs cases, Trendy is becoming increasingly concerned about how to manage its IP portfolio. In response to evidence of copycat products, counterfeit products and other infringements it needs to review and consider:

• Strategies for registering and enforcing its trade marks in Europe.
• The new challenges presented by social media and digital advertising, both in the context of copyright and trade marks.
• What is the impact of recent proposed changes to copyright legislation?
• How to protect and enforce its unique kitchenware designs. How valuable are non-conventional trade marks? Are some jurisdictions more friendly than others?
• How to deal with copycat products and the suite of rights which can be deployed.
• Dealing with counterfeiters at home and abroad.
• How to ensure that the benefits achieved and obtained by its brand protection initiatives outweigh the costs.

Trendy Company is planning a collaboration with a European multi-channel kitchen appliance company (with a well-developed online presence) that sells kitchen products (both high end and lower cost).

With this collaboration in mind, Trendy Company will want to consider a number of issues, including:

• Can we do it?  Does the fact that the parties are actual or potential competitors kill this cooperation?
• How to initiate dialogue in a manner which allows both parties to explore the opportunity and its merits, while preserving confidentiality, and ensuring compliance with competition law.
• How to maximise the opportunity for new channels and markets without cannibalising existing business.
• Brand protection/maintaining quality control.
• How to tackle the sensitive issue of exclusivity and pricing.
• Documenting/managing the collaboration to avoid wider/undue co-ordination.
• Ongoing reporting, operational challenges and compliance mechanisms/issues.

• Strategies for omnichannel retailing
  • What does omnichannel mean?
  • What are the options?
  • What structures are available for international expansion?

• Taking omnichannel international: the complexities
  • What are the complexities of operating internationally?
  • Localisation
  • Dealing with cultural differences – cultural and societal norms (design, brand, appropriateness)
  • Local laws and regulations and local requirements – differing consumer laws and expectations
  • Managing across multiple international jurisdictions – knowledge, monitoring markets, protecting reputation

• Implementing an omnichannel project
  • Selecting a supplier and procurement strategy
  • Bespoke design and build: implementation challenges and how to protect against them
  • Operating an omnichannel platform: incentivising performance
  • Exiting a relationship with your omnichannel supplier

• Practical challenges of daily operation of an omnichannel retailer
  • what new rules will Trendy need to comply with if it goes online?
  • Social media

• Consumer Law Developments – are retailers keeping pace?
  • terms and conditions
  • alternative dispute resolution
• Online Reviews – are they a problem? What do the Retail Ombudsman and CMA think?
• Competition in markets – a CMA perspective.

Hacking and data protection – The law:

• What security obligations do retailers have (both under DP and the new Cyber Security Directive)?
• Breach notification – overview of the current position and changes under GDPR

Practical example:

Trendy experiences some hacking problems involving personal data and needs to consider how to react and what cyber security should be put in place.

• What does a cyber-attack look like?
• Crisis and reputation management
• Practical guidance
• What does “Trendy Company Limited” need to do to protect personal data and prevent future attacks?

3 key issues for retailers under the new general data protection regulation- The law:

1. Use of data for marketing/analytics – new transparency and consent requirements and rights to object to profiling
2. Privacy by design
3. New individual rights – data portability and right to be forgotten

Panelists to consider practical/real life issues on one of the topics above.

Executive summary from the whole day: Key takeaways and lessons learned, and Q&A with the speakers.

What could be on the horizon for our new company?