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 »

SEC Finally Adopts Federal Crowdfunding Rules: All That Glitters May Not Be Gold

SEC Finally Adopts Federal Crowdfunding Rules: All That Glitters May Not Be Gold

On October 30, 2015, the Securities and Exchange Commission (“SEC”), by a 3-1 vote, adopted the long-anticipated final rules permitting federal crowdfunding (“Title III Crowdfunding”), providing a potentially attractive capital raising vehicle for small startup companies seeking investors via the Internet. Although the rules will not become effective until sometime ... Read More »

New case law trend: the director of the company shall be liable for the damage suffered by the employee in the event when the company went bankrupt

New case law trend: the director of the company shall be liable for the damage suffered by the employee in the event when the company went bankrupt

The Supreme Court of the Republic of Lithuania developed interpretation of provisions of the Tort law providing more guarantees to the employee injured at work in case when company (the employer) went bankrupt and extended regulations of company director liability. The Supreme Court found that in case of indirect liability ... Read More »

Online retailers should not exclude the cession of claims for defects in general terms and conditions

Online retailers should not exclude the cession of claims for defects in general terms and conditions

Facts Two commercial internet traders were parties to a dispute upon which a decision was taken in October 2015 by OLG Hamm. The defendant company operates in such market sectors as commercial electrical and electronic equipment, coffee machines, refrigerators, and washing machines. It utilises general terms and conditions that include ... Read More »

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