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Delphi | December 2010

Many companies know that the Public Procurement Act (Sw. abbr. LOU) regulates how contracting authorities act when purchasing supplies, services and public works. However, something less well known is that the provisions in LOU can also be of significant importance for how a public contract is handled after the procurement has ended and that the provisions in LOU can apply in completely different contexts, e.g. in conjunction with mergers, acquisitions and similar transactions ...

Delphi | December 2010

A new version of the well-known International Chamber of Commerce (ICC) Incoterms® becomes effective on 1 January 2011. EXW, FCA, DDP, FOB and CIP – are some of the three-letter abbreviations of Incoterms® commonly found in sales and delivery agreements around the world ...

Delphi | December 2010

The purpose of legal privilege is that companies must be able to obtain legal advice without the risk of having to submit sensitive communication with a lawyer to an authority, such as the Swedish Competition Authority or a court of law during litigation ...

Delphi | December 2010

In Sweden, the directive has been implemented through amendments to the Medical Devices Act (1993:584), and through the regulation which the Medical Products Agency has issued in connection with this Act and the directive. The revised directive contains some clarifications but also some news ...

Delphi | December 2010

On 1 December, the Swedish Parliament resolved on the delayed legislative amendments to the Swedish Companies Act which, among other things, concern the mode of convening general meetings, on which we reported in previous newsletters (October 2009 and June 2010). The new rules take effect on 1 January 2011 ...

Shepherd and Wedderburn LLP | December 2010

Public Service Review – Local Government and the Regions Recession breeds new rules and a new approach to procurement The recession and the need for public sector budget cuts have uncovered a twin track for procurement policy in the UK.  There is a clear need to cut public sector expenditure – of that we can be in no doubt both in terms of the unit cost of supplies and services ...

Shepherd and Wedderburn LLP | December 2010

What are collateral warranties and why are they needed? Collateral warranties have been a common feature of building and engineering projects for many years now, yet to many they remain a mystery.  There are many legal and commercial rationales for collateral warranties, which can be summarised as: Marketability of the project – if a robust collateral warranty package is not in place then this can lead tenants and purchasers to seek other commercial concessions ...

Kocian Solc Balastik | November 2010

KSB partner Martin Šolc, who specializes in advisory on transactions in the field of mergers and acquisitions, has also been performing professional activities for a long time with the International Bar Association (IBA), a leading organization of international legal practitioners, bar associations and law societies, bringing together more than forty thousand attorneys and one hundred and ninety-seven chambers of attorneys on all continents ...

Shepherd and Wedderburn LLP | November 2010

The word litigation usually strikes fear into the hearts of the business community.  Litigation can be time-consuming and expensive.  Badly-managed litigation is a very painful experience indeed.  Managing litigation risk is therefore of huge importance for businesses.  But the challenge doesn’t start at the Court door ...

DORDA | November 2010

Due to the effects of the recent economic crisis, the need arose to make it easier for insolvent companies to continue their business through a restructuring. Up until now there has been the Bankruptcy Act (Konkursordnung – KO) alongside with the Composition Act (Ausgleichsordnung - AO) in Austria ...

Delphi | November 2010

Introduction From the seller's perspective, knowing the outcome of the sale process in terms of the price that it will obtain for a company is always of great importance. Usually, a buyer will make an offer to buy a company on a 'cash and debt-free' basis, meaning that the purchase price offered (ie, the enterprise value) will be adjusted up or down depending on the company's financial position at a given time to reach the actual purchase price ...

Shepherd and Wedderburn LLP | November 2010

High Noon for the planning system chimed on 28 October with the publication of the White Paper "Local Growth: Realising Every Place's Potential". The DCLG Business Plan 2011-2015 followed with a timetable for implementation. If brought forward in their current form, the White Paper's proposals will dramatically change the dynamic of the planning framework ...

ALTIUS/Tiberghien | November 2010

In the slipstream of the general Belgian, European and global economies, 2010 will be qualified as ayear of slow and prudent transition for Belgium’s real estate market. After a correction process in 2008-2009, the Belgian real estate market is showing signs of recovery, and the appetite for investments appears to be increasing ...

Shepherd and Wedderburn LLP | November 2010

For a surrender of lease to be effective, the tenant must relinquish its lease to its immediate landlord and the landlord must accept that.  The combination of these acts extinguishes the lease.  There are two methods of effecting a surrender: expressly, by way of deed, and by operation of law.  The preferred route is expressly by a deed of surrender, as the parties' acquiescence is clear and unequivocal ...

Pressure for change is building in the water sector. The industry is one of the country's largest energy users (it takes a lot of power to move and clean water) and reducing that use is an important step in meeting climate related targets. Concerns about the affordability of charges for some customers are increasing whilst European legislation is driving environmental standards up, protecting our vital resources but demanding ever increasing spending to do it ...

Shoosmiths LLP | September 2010

IT projects: It’s a team game 28 September 2010 IT projects have a knack of over-running for significant periods, requiring ‘out-of-scope’ changes half way through, and consequently going over budget. Although any project will develop and evolve over time, such problems can be minimised through sensible project management methods. It is not uncommon for IT projects to last several months, if not years, from conception to completion ...

ALTIUS/Tiberghien | September 2010

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Gianni & Origoni | September 2010

   Interest about the relevance of buyer power for competition has been growing in the last decades, as the markets of retail distribution were subject to a process of consolidation, if at different speed, in most European countries ...

ALTIUS/Tiberghien | September 2010

Getting the Deal Through - e-Commerce 2011 Getting the Deal Through published a fully revised and updated seventh edition of e-Commerce, a volume in GTDT's series of annual reports published by Law Business Research. This  publication provides international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people ...

Shoosmiths LLP | September 2010

  02 September 2010 In July 2010 the British Property Federation and the Construction Clients' Group reported that two thirds of companies commissioning construction services have no knowledge whatsoever of the Construction (Design & Management) Regulations. These regulations - commonly referred to as the CDM Regs and updated in 2007 - apply to almost all construction projects undertaken in the UK ...

ALTIUS/Tiberghien | September 2010

ALTIUS' Real Estate & Regulatory team and ICT team contribute to 2011 editions of 'Getting The Deal Through' series • 07/09/2010 Lieven Peeters , William Timmermans, Suzy Miller and Charlotte Boumal, lawyers in ALTIUS' Real Estate & Regulatory practice, wrote the Belgian Chapter of the "Getting the deal through - Construction" book published by Law Business Resear

DORDA | September 2010

Social networks: Hype and its legal consequences published in: WirtschaftsBlatt,Author: Dr. Axel Anderl, LL.m., Mag. Martina Schmid Social networking platforms like Facebook, MySpace or XING are an increasing popularity. It has never been so easy to operate social networking ...

ALRUD Law Firm | August 2010

Dear Sirs, On August 2, 2010 the Federal Law “On the alterations to the Arbitrazh Procedural Code of the Russian Federation” (“The Law”) was published ...

ALRUD Law Firm | August 2010

Dear Sirs, We would like to inform you that Federal law “On amendments to Code of administrative offences of the Russian Federation and the Federal law «On industrial safety of dangerous production facilities» dated July 23, 2010 N 171-FZ will come into force on January 1, 2011 (hereinafter – the Law) ...

With Carbon Capture and Storage (CCS) one of the discussion themes at ONS this week, the Norwegians will be looking to showcase their planned new CO2 capture plant at the Mongstad refinery. The initial pilot technology centre is expected to be in operation by 2011/12 and eventually the plant will have an annual capacity for handling 100,000 tonnes of carbon per annum ...

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