Damage resulting from employee disability: can you recover losses and reintegration costs from the liable party? How does it work again?

Damage resulting from employee disability: can you recover losses and reintegration costs from the liable party? How does it work again?

If your employee has been rendered unfit for work because of an accident, you as employer could be facing hefty losses. For instance, Article 7:629 of the Dutch Civil Code requires an employer to continue paying its employee’s wages for a period of two years if the employee is sick, ... Read More »

Online sales and selective distribution of brand products

Online sales and selective distribution of brand products

In the article ‘Online sales and selective distribution of brand products’ in Twinkle Magazine, Eric Janssen and Joost Becker explain the online sale of brand products by selective distributors from the perspective of trademark and competition law. Trademark law gives producers very extensive possibilities of imposing requirements on their retailers ... Read More »

Point to note when dealing with the company: the requirement to record in writing.

Point to note when dealing with the company: the requirement to record in writing.

Article 2:247 of the Dutch Civil Code contains the so-called ‘requirement to record in writing’: a written record must be made of legal acts between a limited liability company (‘BV’) and its sole shareholder in cases where the company is represented by this shareholder. An exception is made for legal ... Read More »

Copyright and the selfie

Copyright and the selfie

In the ever transitioning world of copyright law, issues surrounding the selfie have recently taken center stage. The latest dispute involves a selfie taken by a monkey who, in 2011 in Indonesia, grabbed wildlife photographer David Slater’s camera to snap a wide-smiling image of itself. Wikipedia subsequently placed the image ... Read More »

How to disclose multi-unit franchise offerings

How to disclose multi-unit franchise offerings

Multi-unit franchising is a good way to grow a franchise system quickly.  We now have guidance on how franchisors should present multi-unit franchise offerings. The North American Securities Administrators Association, Inc. (NASAA) adopted a Multi-Unit Commentary September 16, 2014.  Its message was this:  Starting in early 2015, registration states will not ... Read More »

Insolvency rules in Germany – general liability of the managing director and constant challenges by the insolvency administrator?

Insolvency rules in Germany – general liability of the managing director and constant challenges by the insolvency administrator?

I’d like to start this article by answering the question raised in the title. Under German law, the managing director of a GmbH (limited company) has no general liability in the event of insolvency. Nor is it the case that all administrators in all insolvencies exercise the right to challenge Read More »

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