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Crackdown on mortgage interest tax relief for landlords

Crackdown on mortgage interest tax relief for landlords

The Chancellor’s recent announcement in the Autumn Statement regarding a rise in the amount of SDLT payable by landlords and second home owners has received much attention in the media. However, last summer’s Budget contained another key announcement that landlords need to be aware of. Currently, buy-to-let landlords can deduct ... Read More »

UK’s First Deferred Prosecution Agreement reached following a failure to prevent bribery under Section 7 Bribery Act 2010

UK’s First Deferred Prosecution Agreement reached following a failure to prevent bribery under Section 7 Bribery Act 2010

The Head of the Serious Fraud Office, David Green QC, has announced that the Serious Fraud Office’s (SFO) first application for a Deferred Prosecution Agreement (DPA) was approved by Lord Justice Leveson at Southwark Crown Court on Monday, 30 November 2015. Background The concept of a “deferred prosecution” was introduced ... Read More »

Company practice

Company practice

No entitlement to paid smoking breaks based on company practice (Higher Labor Court Nuremberg, decision of August 05, 2015 – 2 Sa 132/15) In many firms employers allow for working time to be broken up without requiring employees to work extra hours or reducing the claim to remuneration accordingly. No ... Read More »

Termination Without Notice

Termination Without Notice

Secret conversation recording as retrospective grounds for termination without notice (Higher Labor Court Hamburg, decision dated July 22, 2015 – 6 Sa 77/14) If at the point of receiving notification of extraordinary termination there are other objective reasons for termination, which do not come to the attention of the employer ... Read More »

Industrial Disputes

Industrial Disputes

Compensation of third-party companies in the event of a strike (Federal Labor Court, decision dated August 25, 2015 – 1 AZR 754/13) Third-party companies are often affected by strikes. In its ruling from August 25, 2015 the Federal Labor Court decided that airlines affected by an air traffic controller strike ... Read More »

No more safe harbors!

No more safe harbors!

The European Court of Justice has annulled the Safe Harbor Program (European Court of Justice, decision dated October 06, 2015 – C 362/14) It is now apparent since the ruling of the European Court of Justice dated October 06, 2015 (C 362/14): The Safe Harbor Program is invalid. The European ... Read More »

What applies if a EU trademark having a reputation did not acquire a reputation with the local public in a state?

What applies if a EU trademark having a reputation did not acquire a reputation with the local public in a state?

A European trademark having a reputation in the EU will not always be recognised in all EU member states. Indeed, the trademark may not have a reputation at all in some member states. According to the EU Trademarks Directive (article 4 paragraph 3), an EU trademark having a  reputation enjoys ... Read More »

Dismissal for operational reasons

Dismissal for operational reasons

Obligation to offer continued employment to part-time staff on fixed-term full-time jobs (Federal Labor Court, decision dated March 26, 2015 – 2 AZR 417/14) The plaintiff had been in the employment of the defendant since 2008, most recently as Head of “Public and Media Relations”, on a 75 % working time ... Read More »

Office staff for the Works Council

Office staff for the Works Council

No typist without necessity (Higher Labor Court of Berlin-Brandenburg, decision dated August 14, 2015 – 3 TaBV 417/15) Under Section 40 (2) of the Works Council Constitution Act (BetrVG) the works council is entitled to receive from the employer office staff for meetings, consultation hours and day-to-day managements – but ... Read More »

The EMV (Chip/Pin) Liability Shift is Here

The EMV (Chip/Pin) Liability Shift is Here

As of October 1, 2015, retailers that have not implemented Point of Sale (“POS”) payment terminals that support EMV- or Chip/Pin-enabled cards with embedded chip technology over the traditional magnetic stripe cards, face a shift in liability for fraud charges assessed by the payment card industry (“PCI”). The EMV- (EuroPay, ... Read More »

The Legal Pitfalls of Interviewing: Make Sure Your Company is Compliant

The Legal Pitfalls of Interviewing: Make Sure Your Company is Compliant

Finding great candidates for your business may be challenging, but the legal landmines associated with interviewing candidates can be truly hazardous. Compliance with state and federal laws during a company’s interview process is key to protecting a company, and any individual handling interviews should be educated on proper and legal ... Read More »

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