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Max Verstappen has been unable to levy an attachment in connection with a promotional film by online delivery service Picnic. It shows a lookalike of him, re-enacting the Jumbo advertisement. He demanded 350,000 euros. The attachment was also requested up to this amount. The Appeal Court of Amsterdam rejected this. ... Read More »
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Corporations: registration of documents granted by attorneys that are not registered
June 19, 2017
It is well-known that, in the field of representation of mercantile companies, the general powers are obligated to be inscribed in a sheet that is open to every company in the Mercantile Registry and that, when it comes to special powers, their inscription is optional (ex art. 94.1. 5 of ... Read More »
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by: Adarve Abogados SLP
in Corporate law, Spain
Proving Effective Communication With Deaf Patients
June 16, 2017
When accommodating a deaf patient, what evidence proves effective communication under Title III of the Americans with Disability Act (“ADA”) and Section 504 of the Rehabilitation Act (“RA”) of 1973? A new Eleventh Circuit case [here] declares that the correct standard examines whether the deaf patient experienced an impairment in ... Read More »
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by: USLAW
in Employment law, The Netherlands
What’s at Stake When Government’s Data Is Stolen
June 15, 2017
In an article for Governing, Goldberg Segalla’s Shannon T. O’Connor explains some of the costs — both tangible and intangible — of data breaches within government offices. Shannon, an associate in the Municipal and Governmental Liability Practice Group, details several noteworthy cases of government data breaches, including one in which ... Read More »
Right of the works council to be consulted applies in principle during liquidation
June 14, 2017
The right of the works council to be consulted does in principle apply in the situation where a company has been declared insolvent. In the event of a continuation or restart of a company, the liquidator shall in principle have to give the works council the opportunity to express itself ... Read More »
Facebook fined for misleading information in relation to WhatsApp takeover
June 12, 2017
The European Commission has fined Facebook 110 million euros for providing inaccurate or misleading information in relation to the takeover of WhatsApp. This hefty fine illustrates the importance of providing accurate and complete information in the context of notifying the Commission of a merger or acquisition. When giving notice of ... Read More »
Wearables and Wellness: Considerations for Connected Employers
June 9, 2017
Wearable devices such as smart watches and fitness trackers have become increasingly popular as the technology matures and the devices become more affordable. Many forward-thinking employers, with an eye towards controlling health costs, have implemented or are considering implementing wellness programs that use wearable devices to track employee fitness and ... Read More »
Sustainable urbanisation ladder: qualitative need is not sufficient to rule out unacceptable vacancy
June 8, 2017
In a ruling of 17 May 2017 (ECLI:NL:RVS:2017:1309) a zoning plan which included an XL supermarket failed. No investigation had been carried out into other, realistic spatial planning options for a supermarket. The conclusion of the report, that there is a qualitative need and that on this basis it is ... Read More »
Relativity requirement and the Water Act
June 6, 2017
In a ruling of 25 April 2017 (ECLI:NL:RBMNE:2017:2109) the relativity principle was tested in an appeal against a water permit for a hydropower station. The reliance of the appellant competitor on the equality principle was not successful. Relativity The Minister argued that the norms on which the appellant anglers rely ... Read More »
To what extent are companies allowed to imitate products? A new general ruling from the Dutch Supreme Court
May 26, 2017
In the Netherlands, all products and their packaging, in some circumstances, are in principle protected against ‘slavish’ imitation. Now, the Dutch Supreme Court has explained – in a case involving jewellery – which conditions the claimant must meet if he wants claim this type of protection successfully. Criteria for slavish ... Read More »
Do you have to part company with your IT provider after a data leak? And is it even possible?
May 24, 2017
After you’ve had a serious data leak at your IT provider, you have to evaluate the issue. In the process, the question of whether your data is still in safe hands at that provider will be raised. You’ll be wondering whether it’s possible to get out of the contract that ... Read More »
Compensation for providing a service of public interest does not lead to state aid problems
May 22, 2017
A subsidy scheme launched by the minister for Health, Welfare and Sport for carrying out non-invasive prenatal tests (NIPTs) came into effect on 1 April 2017. Under this subsidy scheme, most of the expenses incurred for NIPTs for pregnant women will be compensated, provided these tests are taken at a ... Read More »
The ladder for sustainable urbanisation: a step lower as regards the “new urban development” element
May 18, 2017
In a previous contribution I referred to a decision dated 15 March 2017 (ECLI:NL:RVS:2017:694) in correlation with a decision dated 20 April 2016 (ECLI:NL:RVS:2016:1075). In these two decisions, the Administrative Jurisdiction Division of the Council of State (ABRvS) held that, when assessing whether new urban development is involved, account must be ... Read More »
Hefty fine for infringing housing regulations
May 15, 2017
Last year, the Municipality of Amsterdam tightened up the regulations for renting residential accommodation via websites like Airbnb. For instance, under the tighter policy, residential accommodation may only be rented by the main occupant, for not more than 60 days per calendar year and to a maximum of four people. ... Read More »
Following long debates: the government enacts the law promoting transparency in remuneration structures
May 9, 2017
Following the introduction of the statutory minimum wage (01/01/2015), the additional parental benefits (01/01/2015) and the gender balance for management positions (01/01/2016), which also serve to reduce the differences in remuneration between women and men, it is now the intention that an act promoting transparency in remuneration structures (EntgTranspG) will ... Read More »