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It is now established case law that holders of a European trademark can denounce the infringement in one member state but also immediately get a European ban, all in one lawsuit. A recent decision from the District Court of The Hague on counterfeit Daniel Wellington watches underscores this once again. ... Read More »
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Real estate transactions across Europe
October 4, 2018
Real Estate owners, investors, Asset and Property Managers today have a global and European focus when it comes to real estate investments. Being confronted with different legal and tax systems a short practical overview can be helpful for those who are trying to find their way in the different European ... Read More »
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German Federal Court of Justice strengthens tenant rights
October 3, 2018
A cosmetic repair clause is not valid even if the new landlord undertakes to carry out cosmetic repairs. Nothing changes with the German Federal Court of Justice’s new ruling (ruling dated 22.08.2018, Az. VIII ZR 277/16). The Court continues to uphold to its landmark ruling (ruling dated 18.03.2015, Az. VIII ... Read More »
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German Exporters: How To Control US Product Liability Risk
October 1, 2018
We frequently hear about product liability lawsuits before US courts in the media, but only the most bizarre and drastic cases seem to make the headlines. These are cases in which, for instance, plaintiffs claim enormous amounts of damages compensation. What happened? A particularly interesting and recent case is the ... Read More »
Budget Day 2018
September 21, 2018
On Tuesday 18 September 2018, Budget Day 2018, the Dutch Minister of Finance has published the Tax Plan 2019. Below the most important measures from an international perspective will be outlined. For the larger part, the Tax Plan 2019 contains measures which were already announced in the coalition agreement. In ... Read More »
Securing Wireless Infusion Pumps in Healthcare
September 17, 2018
The National Cybersecurity Center of Excellence (NCCoE) announced in August that it has finalized the draft guidance it first issued in May of last year on securing wireless infusion pumps. Infusion pumps are often tasked with supplying a steady inflow of life-saving or life-sustaining medications, and their exposure to the ... Read More »
Employers Seeing Increased I-9 Audits & Fines Under Trump Administration
September 14, 2018
Under the current administration, in FY17, businesses were ordered to pay $97.6 million in judicial forfeitures, fines and restitution, and $7.8 million in civil fines, including one company whose financial penalties represented the largest payment ever levied in an immigration case. “Under federal law, employers are required to verify the ... Read More »
What Exactly Is Use in Commerce?
August 15, 2018
Many federal trademark applications are filed on an intent-to-use basis, which means that the applicant has not yet begun to use the mark in connection with its business activities to brand, market, and sell its products. However, in order to complete the trademark registration process, it is necessary to demonstrate ... Read More »
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by: USLAW
in IP-IT law, United States of America
New legislation regarding the provision of services in the area of tourism industry in the Czech Republic – part two
August 14, 2018
Part two of this article is focused on (i) the new legal regulation concerning the consumer protection in the area of tourism industry and on (ii) the most important changes relating to the right to operate a travel agency in the Czech Republic. All these changes were introduced by the ... Read More »
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New legislation regarding the provision of services in the area of tourism industry in the Czech Republic – part one
August 13, 2018
This article is devoted to the new legal regulation regarding the provision of travel and related services in the Czech Republic. As of 1st July 2018 the Amendment of the Czech Act No. 159/1999 Coll., on certain business conditions and performance of certain activities in the area of tourism industry, ... Read More »
Three Things about the Affordable Care Act Employers Need to Focus on Now
August 10, 2018
The Affordable Care Act (“ACA”) is alive and well, despite renewed legal challenges and the elimination of the “individual mandate” beginning next year. While the Tax Cuts and Jobs Act reduced the tax penalty for individuals who don’t have health coverage to $0, effective for 2019, employers continue to be ... Read More »
The New EU Data Privacy Rule and Its Impact on Your Organization
August 8, 2018
The General Data Protection Regulation (“GDPR”) establishes protections for the privacy and security of personal data regarding individuals in the European Economic Area countries (all European Union member states, Norway, Iceland and Liechtenstein – referred to for purposes of the GDPR as the “EU”). The GDPR became effective on May ... Read More »
CORPORATE PHILANTHROPY GOOD PRACTICES TAX REDUCTION OR DEDUCTIBLE EXPENSE CORPORATE INTEREST PHILANTHROPY AND THE ADVENT OF MISSION-LED BUSINESSES
August 6, 2018
Corporate philanthropy is faring well, even though it is still a recent practice compared to philanthropy overall. In France, corporate philanthropy effectively stems from the law on corporate foundations adopted relatively recently, on 4 July 1990[1]. It is in fact quite significant to see how difficult it was for the ... Read More »
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by: Delsol
in Corporate law, France, Tax law
PHILANTHROPISTS’ INTENTIONS: THE STRATEGIC CHOICE OF LEGAL STRUCTURE
August 3, 2018
Initiating and conducting a philanthropic project imply strategic choices in terms of governance, durability and tax treatment, in order to give legal effect to the intentions of the founding philanthropist. Philanthropy and economics increasingly share a project rationale, which involves defining the approach to be taken to improve the chances ... Read More »
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by: Delsol
in Corporate law, France, Tax law
Internet Seller Beware
August 1, 2018
Due to a recent Supreme Court decision, internet sellers may now be required to collect and remit sales taxes in states in which they have no physical presence. In the landmark case of South Dakota v. Wayfair, Inc., decided on June 21, the Court overturned its prior decisions that had ... Read More »