January 3, 2018
The Federal Labour Court prohibits the use of data collected on the basis of a permanent storage of internet activities by so-called keyloggers. The case For security reasons, employees may use the hardware and software for business purposes only. The employer informed his employees by e-mail that, in the future, ... Read More »
by: Buse Heberer Fromm
January 2, 2018
In the event that the works council election is held in a proportional representation manner on the basis of several nomination lists, the law used for the determination of elected candidates is the highest number method from d’Hondt. The Federal Labour Court has now legitimised the method (Judgement of 22.11.2017 ... Read More »
by: Buse Heberer Fromm
December 29, 2017
The works council must approve a waiver of claims in severance schemes. An exception only applies to settlements of the facts (German Tatsachenvergleich). In the case of the defendant employer, a redundancy payment was provided for in a social compensation plan (shop agreement). The plaintiff who had been dismissed for ... Read More »
by: Buse Heberer Fromm
December 27, 2017
Works councils are elected for a specific enterprise. The legal requirements of an enterprise are fundamental to works council elections. In addition to “enterprises”, the law also applies to business units and joint enterprises. Collective bargaining agreements – and exceptionally works agreements – allow for works council structures that deviate ... Read More »
by: Buse Heberer Fromm
December 22, 2017
Partners shall be able to leave the partnership to a greater extent without disclosing hidden reserves. Background: The partner leaving a partnership generally has a claim for compensation against the company. Since this compensation claim can put the company in considerable liquidity difficulties, the partner is often compensated with real ... Read More »
by: Buse Heberer Fromm
December 21, 2017
On 29 November 2017, the Court of Justice of the EU answered preliminary questions on the accumulation of holiday rights of a pseudo self-employed person. What is special about this judgement is that the Court has ruled that these holiday rights can accumulate unrestrictedly – and therefore do not lapse ... Read More »
December 19, 2017
Solar energy is taking off in the Netherlands. An important part of the available subsidy is allocated to solar energy projects. In addition, ever larger projects are being realised. In this article, I will list the most important legal points for attention in respect of these projects. 1. Location Each ... Read More »
December 14, 2017
Is the slogan ‘The best e-bike is a Stella’ misleading? The Dutch Advertising Code Committee ruled on the television commercial by Stella Fietsen. In this advertisement, famous Dutch presenter Anita Witzier says the following: ‘Dutch-made high quality electrical bikes. Always a good price. E-bike test centres throughout the Netherlands and ... Read More »
December 7, 2017
Companies have two choices for meeting the PCT patent application filing requirements when they have multiple pending provisional applications. We go through the pros and cons for each approach. A company engaged in research and development will often create multiple related inventions within a year, and file a separate provisional ... Read More »
by: USLAW
November 30, 2017
The Senior Managers’ and Certification Regime (SMCR) which has regulated banks, PRA investment firms and some insurers since March 2016 and which will now be rolled out to other FCA authorised firms, probably in the second half of 2018 now, has as its purpose to ensure that senior managers, being ... Read More »
by: Wedlake Bell
November 28, 2017
The novelization of the Czech Trade Licence Act, i.e. the Act No. 289/2017 Coll., by which the Act No. 455/1991 Coll., (the “Act“ or the “TLA”) and the Act No. 634/2004 Coll., on administrative fees, are amended, became effective as of 30th September 2017. In this article we will summarize ... Read More »
November 24, 2017
On August 4, 2017, the Internal Revenue Service (IRS) released its first revocation of a hospital’s tax exemption under Internal Revenue Code (IRC) Section 501(c)(3) for failure to comply with Section 501(r) of the Affordable Care Act. Background Section 501(r) and its regulations imposed new requirements on 501(c)(3) organizations that ... Read More »
November 22, 2017
On October 19, 2017, the IRS announced in Notice 2017-64 cost of living adjustments to the qualified plan dollar limits for 2018. Some of these limits did not change from 2017 because the increase in the cost of living index did not meet the statutory thresholds that trigger an adjustment. ... Read More »
November 20, 2017
The doctrine of conventional subrogation in real estate is familiar to most lenders: a new lender that pays the mortgage of a prior one steps into the shoes of – or is subrogated to – the prior lender’s security interest in the real estate. This principle allows new lenders to ... Read More »
November 17, 2017
In Olga Despotis Trust v. The Cincinnati Insurance Company, a tornado destroyed a building leased as a medical imaging facility in Missouri, owned by the Trust and insured by The Cincinnati Insurance Company (CIC). Approximately one and one-half months after the loss, the Trustee forwarded a completed Proof of Loss ... Read More »
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