“Desperate times call for desperate measures”. We are all aware that the global crisis is impacting employers worldwide. Companies have been forced to close production lines, non-core activities have been transferred to outsourced service providers and numerous workplaces have been forced to close all together. It has become a struggle to merely hold onto one’s job. Such circumstances have facilitated the increase of workplace harassment (i.e. mobbing) ...
In addition to being the world’s leading international finance centre in which to set up companies, the British Virgin Islands (‘BVI’) is now regarded as one of the world’s premier trust jurisdictions. The general principles of the trust laws of the BVI are derived from those of English trust law. The principles of English common law and equity apply, as supplemented by BVI statute ...
On March 26, 2014, the Securities and Exchange Commission (“SEC”) hosted a roundtable to discuss cybersecurity. The roundtable focused on how cybersecurity affects markets and how public companies and other businesses should address cybersecurity issues ...
From Sunday 6 April 2014 anyone wanting to raise an employment tribunal claim will be directed to Acas first to try early conciliation. ere are the key things to be aware of:While early conciliation will be launched on 6 April, it will only be from 6 May that the scheme becomes mandatory for most claims and the tribunals will reject an ET1 if the Claimant hasn’t contacted Acas first.Parties do not need to actively engage in conciliation ...
The Competition Commission of India ("CCI") has amended the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Combination Regulations). A notification in respect was issued by the CCI on March 28, 2014 ...
Confronted with three different standing tests applied by the Circuit courts to Lanham Act false advertising claims, the Supreme Court has answered the question of which test to apply: “None of the above.” In Lexmark International, Inc. v. Static Control Components, Inc., Slip op. March 25, 2014, Justice Scalia, writing for a unanimous Court, rejected each of the tests employed by the Circuits in favor of a “zone of interests” test ...
A New Collective Bargaining Agreement (“GCBA”) was signed last week in Montenegro. The new GCBA introduces a broader scope of existing labour rights and has also included several additional rights. Subsequently, many questions have come up and are expected to be answered through their application in the upcoming period. The GCBA comes into force on 30 March 2014 and Montenegrin employers must take care of the entire set of new employment rights and employers obligations ...
Comments on the consequences of failure to observe the required form when selling shares in a limited-liability company and the possibility of correcting this defect. The current Commercial Companies Code went into effect in Poland in 2001, stiffening the requirements with respect to the form for transfer of title to shares in a limited-liability company (sp. z o.o ...
The Firestorm: Civil Litigation and Class Actions Following a Cyber Incident As soon as your company has tangible evidence of a data breach, you must start thinking about what a lawsuit would entail, especially in light of the complexity of electronic evidence. In this installment of our special series, A Desk Guide to Data Protection and Breach Response, we discuss the firestorm of litigation that can arise following a breach and provide practical guidance for preparing for the worst ...
In Dollo v. Premier Tech Ltée,1 the Superior Court of Québec declared a clause contained in the Stock Option Plan (the “Plan”) offered by Premier Tech Ltée (“Premier Tech”) to some of its employees to be abusive and also declared Premier Tech’s conduct towards a dismissed senior executive to be oppressive within the meaning of the Canada Business Corporations Act (“CBCA”). THE FACTS In May 1999, Premier Tech hired Christian Dollo (“Dollo”) as vice‑president, finance ...
The process of selling a business may pose some risks to the seller, particularly those related to the disclosure to third parties of confidential information concerning the operation of the business ...
The Department for Work and Pensions (DWP) has issued its response to the consultation on the exemption of certain categories of worker from the scope of automatic enrolment. While the DWP considered a range of potential exemptions, it has decided that exemptions are only appropriate in a limited number of situations ...
Criminal Referrals When a company falls victim to a damaging cyber attack or suffers a theft of sensitive data or intellectual property, the incident very well may fall within the ambit of one or more criminal statutes designed to deter and punish perpetrators with the prospect of jail time, financial penalties and restitution. Under appropriate circumstances, the company should give serious consideration to making a referral to law enforcement as part of its response strategy ...
Union Organizing Efforts in the Southeast Appear to be on the Rise - and in an Increasingly Union-Friendly Environment In the labor world, 2014 has started out with a bang. We have seen a hotly contested union election at Volkswagen in Chattanooga make national news culminating in an employer victory. Commentators have openly questioned whether this portends an era of reinvigorated union efforts to gain a toehold in the historically company friendly Southeast ...
As you no doubt already know, the Pharmaceutical Industry in Argentina is a strictly controlled industry. Said control is held by the ANMAT Administración Nacional de Medicamentos, Alimentos y Tecnología Médica) and it spreads from the first authorisation of a laboratory to act as such in the country, moving through the authorisations to commercialise products, up to pharmacovigilance of products that have already been commercialised ...
Hunton & Williams is a regional leader in its ability to assist both local and global clients conducting business in Southeast Asia. With an established office in Bangkok, our resident lawyers possess the practical knowledge, global perspective, regional understanding and creative problem solving tools necessary to assist clients in achieving their business objectives in Southeast Asia ...
A new Consumer Protection Act is currently in the process of being adopted in Croatia, and has revamped areas of the Act dealing with the sale of products at reduced prices and obligations for public service providers.The new Act imposes traders the obligation to point out two types of prices – regular and reduced. This obligation is related to seasonal reductions in prices, which may be applied up to three times a year and may last no longer than 60 days under the provisions of new Act ...
On February 20, 2014, the Quebec National Assembly passed Bill 28, An Act to establish the new Code of Civil Procedure. This is a watershed moment in a process that began in 2003 and was the subject of a review by the Minister of Justice in 2006. Notably, promoting cooperation by the parties on the conduct of proceedings and increasing reliance on case management conferences are meant to improve access to justice ...
The recent winter Olympics in Sochi have been heralded as “the best ever” and certainly for Great Britain the medal table didn’t lie. A country more suited by climate to sports on water than snow emerged with real credit. For entrepreneurs and business owners there are some real lessons that can be taken from the British Sochi experience. Looking at the success of Lizzie Yarnold and before her Amy Williams in the skeleton is particularly informative ...
In an opinion that could substantially affect future controlling-shareholder buyouts, the Delaware Supreme Court on Friday affirmed the Chancery Court’s decision that the business judgment standard of review, rather than entire fairness, should apply to controlling-party takeovers where it is established before trial that certain protections exist. Background The suit stemmed from Ronald Perelman’s going-private buyout of M&F Worldwide Corp. (“MFW”), a company he controlled ...
In one of the few decisions of its kind, the UK High Court recently assessed the damages to be paid to a generic pharmaceutical company under a cross-undertaking in damages. While some aspects of the decision are specific to the UK pharmaceutical reimbursement scheme, the judgment will be a useful reference point for parties involved in similar litigation in Australia ...
For many HR professionals the responsibility for ensuring that their organisation can continue to employ migrant workers falls squarely at their door. This can prove daunting, especially for those with little or no business-immigration experience ...
Breaking the News: Disclosing Data Breaches and Withstanding Regulatory Scrutiny Breached companies are often crime victims, but they are also potential targets for regulatory actions (and, as we will discuss in future installments, potential parties to a wide range of litigation) ...
Same sex couples will have the right to marry in England and Wales from 29 March 2014. Generally, same sex marriages will be treated in the same way as opposite sex marriages. However, in occupational pension schemes, surviving same sex spouses need only be treated in the same way as surviving civil partners and not as opposite sex spouses ...
THE FACTS On January 22, 2014, the Court of Appeal of Québec confirmed the 2012 decision of the Superior Court of Québec in Gilman v. Fieldturf Tarkett inc.2 At issue in this case was whether the payment of so-called “phantom share” bonuses were to be paid to employees whose employment was terminated by the company. The incentive program at issue was established for certain non- shareholder key employees of the company ...
