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Concussion and traumatic brain injury: A historical perspective

Concussion and traumatic brain injury: A historical perspective

Public awareness of the long-term effect of head injuries sustained in competitive sports, including but certainly not limited to collegiate and professional football, has increased significantly in the past decade. The highly publicized National Football League (NFL) federal court litigation has transitioned from the sports section to page-one treatment in ... Read More »

Best price clause of the HRS hotel booking portal violates antitrust law

Best price clause of the HRS hotel booking portal violates antitrust law

(Higher Regional Court in Düsseldorf, decision dated January 9, 2015 VI – Kart. 1/14 (V) [not yet legally binding]) The clause of a hotel booking portal holding a dominant position in the market that prohibits registered hotel operators from undercutting the room prices offered on the booking portal through other ... Read More »

Forfeiture of Compensation Claims when Using Double Hold-harmless Clauses

Forfeiture of Compensation Claims when Using Double Hold-harmless Clauses

(Federal Labor Court, decision dated September 24, 2014 – 5 AZR 593/12) Many labor and collective bargaining agreements contain so-called double hold-harmless clauses that initially provide, within certain dates, the extra-judicial enforcement of alleged claims under the employment relationship and then demand their judicial follow-up within a further period, insofar ... Read More »

Despite recent EEOC loss, employers must be cautious with criminal background and credit screenings

Despite recent EEOC loss, employers must be cautious with criminal background and credit screenings

The U.S. Court of Appeals for the Fourth Circuit recently upheld a district court’s grant of summary judgment dismissing a U.S. Equal Employment Opportunity Commission (EEOC) legal action contending that a company’s policy of using criminal background and credit history checks in its hiring process disproportionately excluded African American applicants. ... Read More »

Giving with one hand and taking with the other: HMRC responds to European Court’s rulings on VAT recovery for pension schemes

Giving with one hand and taking with the other: HMRC responds to European Court’s rulings on VAT recovery for pension schemes

On 25 November 2014, HMRC issued its long-awaited response to the decisions in PPG Holdings[1] and ATP Pension Services[2] in the form of Revenue and Customs Briefs 43 (2014) and 44 (2014). In the latest instalment of this long-running VAT recovery saga, HMRC seems to have opened the door to ... Read More »

Making working hours more flexible

Making working hours more flexible

Restrictions on On-Call Work (Higher Labor Court Berlin-Brandenburg, decision dated October 16, 2014 – 21 Sa 903/14) When it comes to location and duration of working hours, the interests of the company and the employees generally widely diverge. The company desires a far-reaching scope of action to be able to ... Read More »

Changes to trading disclosure requirements

Changes to trading disclosure requirements

Following the UK Government’s Red Tape Challenge, The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 (the Regulations) came into force on 31 January 2015, revoking and replacing the current regulations relating to company and LLP names and trading disclosures. The Regulations introduce modifications relating to ... Read More »

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