Recent tide of class-action lawsuits should worry employers using background checks

Recent tide of class-action lawsuits should worry employers using background checks

A new wave of class-action lawsuits should concern any employer that regularly uses background checks in making employment decisions. These lawsuits allege violations of the Fair Credit Reporting Act (FCRA), the federal law that regulates the collection and use of consumer credit information. Many employers are unaware that FCRA also ... Read More »

German Law: Subletting an apartment with “AirBnB” can lead to termination of tenancy agreement without notice

German Law: Subletting an apartment with “AirBnB” can lead to termination of tenancy agreement without notice

The Berlin regional court ruled that unauthorized subletting of an apartment is a violation of a tenancy agreement that allows the landlord to immediately terminate the tenancy agreement without further notice and warning (LG Berlin, Az 67 S 360/14). Berlin is popular among tourists. They often use the website AirBnB ... Read More »

Driving in Germany – what are you allowed to do with your mobile phone behind the wheel?

Driving in Germany – what are you allowed to do with your mobile phone behind the wheel?

For many foreign business people, doing business in Germany also means driving around Germany. Although advice about road traffic offences is not among our core competencies, we give you below a brief overview of the current situation in Germany regarding “Using a mobile while driving” as our clients often ask ... Read More »

Supreme Court reverses holding that implied warranty of habitability extends to subsequent purchasers

Supreme Court reverses holding that implied warranty of habitability extends to subsequent purchasers

In Conway v. Cutler Group, Inc., 57 A.3d 155 (Pa. Super 2012), the PennsylvaniaSuperior Court held for the first time that a subsequent buyer of a home, who has no contractual privity with the contractor, can nonetheless assert claims against the contractor for beach of the implied warranty of habitability. ... Read More »

Current situation of the law governing authorised dealers

Current situation of the law governing authorised dealers

If we compare the different distribution systems, we notice a trend towards the authorised dealer system, with franchise systems also showing steady growth. Commercial agent systems are declining sharply in most areas. This creates not insignificant legal problems as only the law governing commercial agents is harmonised across Europe and ... Read More »

Fed circuit reverses willful infringement finding

Fed circuit reverses willful infringement finding

The Federal Circuit on Friday issued an opinion that struck a judge’s finding of willful infringement and the corresponding award of triple damages in Stryker Corp. v. Zimmer, Inc. (No. 13-1668). The Court concluded that the defendants’ defenses were not objectively unreasonable, even though they were unsuccessful at trial. Chief ... Read More »

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