Legal knowledge portal – Page 6 – Sharing legal knowledge together

Facebook Continues Playing the Globalist Game

May 9, 2018

Facebook once again recently taught us that it may be easier to avoid a law, than to comply with it. On April 17, 2018, Facebook confirmed that to meet its mission to comply “in spirit” with “the whole” of the European Union’s General Data Protection Regulation (GDPR) , which takes ... Read More »

Supreme Court to Decide Important Bankruptcy Case

May 8, 2018

The United States Supreme Court is poised to decide whether a mis-statement about a single asset must be in writing in order to give rise to a non-dischargeable debt for fraud. Scott Appling supposedly orally lied to his law firm about the amount and timing of a tax refund that ... Read More »

Applicants of EU design registrations take note: take action within 12 months

April 24, 2018

A recent high-profile case about Crocs before the General Court of the European Union shows that those who wish to apply for design registration in the EU have to be on their guard. Previous own publications of the design, in this case outside of the EU (in the US), could ... Read More »

Medical Practices May be Especially Vulnerable to Sexual Misconduct Claims

April 23, 2018

Recent allegations of sexual misconduct spanning multiple industries have demonstrated that sexual harassment is much more common in the workplace than employers may care to admit. Organizations that take a “not us” approach to dealing with these issues may find themselves exposed to significant liability. Medical practices are no exception. ... Read More »

Better Late Than Never – Time to Get Those Cybersecurity Certifications of Compliance into NYDFS

April 20, 2018

If you are an individual or company regulated by the New York State Department of Financial Services (NYDFS), you may have received an email from NYDFS reminding you to submit your Certification of Compliance as soon as possible. New York’s relatively new cybersecurity regulation, 23 NYCRR 500 (the Regulation), requires ... Read More »

Grab the Spotlight in Haste, Repent in Leisure

April 19, 2018

Buried on the third and fourth pages of The Wall Street Journal and my local newspaper recently, I found two interesting business stories. These stories followed much more prominent stories. In the first, the WSJ reported that Duke University had recently settled (on confidential terms) with a male student it ... Read More »

Aircraft Lease Financing: Who’s the Owner?

April 18, 2018

Aviation lending is a world unto its own, populated by lawyers and lenders alike that focus on this niche area. Other than just understanding the difference between FAR Part 91 and Part 135, or what the Cape Town Convention was, or how to obtain and perfect a security interest in ... Read More »

Corporate Social Responsibility

April 17, 2018

Companies with more than 500 employees must report now not just on financial matters. They must now also report on how they respect the rights of their workers, protect the environment and fight corruption. The law on the Implementation of the Corporate Social Responsibility Directive (CSR) came into force on ... Read More »

Preliminary Injunctions in Patent Law

April 16, 2018

Press reports on patent suits give the impression that only large international corporations are involved in patent litigation that seem to always amount to “patent wars” and go on for years. Patents can, however, also be enforced quickly, which then makes them an extremely effective tool against infringers. This can ... Read More »

Challenging the works council election

April 13, 2018

The procedure for the works council elections is complex. It should ensure a fair and equal-opportunity election. The electoral committee is under obligation to draw up a list of voters. A copy of the list must be laid out in the company from the day on which the election is ... Read More »

Increasing the thresholds for Europe-wide procurement procedures

April 12, 2018

Every two years, the EU Commission reviews the threshold values for the application of EU public procurement law. Effective as of January 1, 2018, increased sums apply and are directly applicable without further measures by the German legislator. When awarding construction, supply or service contracts, which have to be put ... Read More »

Cost-stable construction due to risk management in major construction projects

April 10, 2018

The Elbphilharmonie in Hamburg, Stuttgart 21, the Berlin-Brandenburg Airport and the State Archive in Duisburg – just to mention a few major construction projects that made headlines. Major public sector construction projects are becoming increasingly expensive and taking longer to complete. The following article sheds light what has to be ... Read More »

Company Succession through Management Buy-Out

April 9, 2018

A management buy-out is the transfer of a company to its (managing) employees or management. It is therefore an interesting instrument for both the current owner and the successor when it comes to small and medium-sized enterprises. In particular in family-owned companies, where there is the lack of an heir ... Read More »

The drittwirkung or the voluntary renunciation of the ‘right of veto’ of the shareholder affected by a statutory reform

April 6, 2018

‘As we said yesterday’ here [1], the General Directorate of Registers and Notaries (‘DGRN’) decided on December 4 on the registration criteria for the registration of drag along clauses and, therefore, on any modification of the Articles of Association that will impact on the rights and obligations of the dissenting ... Read More »

Constructive support by the employer

April 5, 2018

High quality in the staff composition of the works council helps to ensure peace in the company, enabling a healthy development of the company. The Works Constitution Act (Betriebsverfassungsgesetz; BetrVG) provides for cooperation based on trust between the works council and the employer as one of its cornerstones. A trust-based ... Read More »