European Legal News

December 14, 2017 - Advertisement and law: can you call yourself the best

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 ...

December 7, 2017 - A Decision Guide for Filing International Patent Applications for Multiple Inventions

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 ...

November 30, 2017 - SMCR A CASE FOR LEGAL REPRESENTATION

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 ...

November 28, 2017 - Changes to the Czech Trade Licence Act 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 ...

November 24, 2017 - IRS Revokes Hospitals Exemption Under Section 501(c)(3) for Failure to Comply with Community Health Needs Assessment Requirements

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 ...

November 22, 2017 - IRS Issues 2018 Limits for Retirement Plans

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. ...

November 20, 2017 - Equitable Subrogation in Real Estate

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 ...

November 17, 2017 - Insurer Acts Reasonably & In Good Time

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 ...

November 15, 2017 - Defending Correctional Healthcare Providers: The Intersection of Malpractice and Civil Rights

Incarceration is big business in the United States, with costs to taxpayers estimated at over $80 billion dollars per year for the estimated 2.2 million individuals in custody. From county jails to state prisons, correctional healthcare providers are in the news daily, from questions and concerns regarding the expenses of ...

November 13, 2017 - Damages for false Google Reviews

A Day Nursery has successfully claimed damages for false Google Reviews. Cost, including legal costs, must also be paid. False reviews The Day Nursery asserted that a certain N. had placed reviews (Google Reviews) using aliases. It concerned the placement and adjustment of negative reviews relating to the Day Nursery. ...

November 9, 2017 - Third-Party Registrations and Uses for Marks Similar to the Cited Registered Trademark Are Again Deemed Insufficient to Carry the Day

In performing the likelihood of confusion analysis between a registered trademark and an applied for mark, the Trademark Trial and Appeal Board (the ?Board?) considers a range of factors known as the du Pont factors. One of the factors upon which a case can turn is the similarity of the ...

November 7, 2017 - Bad back Youre fired

Employers rely upon employees to get the job done. Usually, the ?job? requires the employee?s physical presence at work. But injuries and medical conditions throw a wrench in the works. Most employers are at least generally aware of the implications of various federal and state laws governing treatment of employees ...

November 3, 2017 - Report from the Spanish Data Protection Agency legal department: relevant issues

The Legal Office of the Spanish Data Protection Agency (hereinafter, the “AEPD”, its Spanish acronym, has issued a report (0195/2017) on a series of issues related to the impact that the full application, on 25 May 2018, of the Regulation (EU) 2016/679 of the European Parliament and of the European ...

November 2, 2017 - Brussels International Business Court

The Belgian government has announced plans to create a new Brussels International Business Court (BIBC) which would deal exclusively with international business disputes. The novelty lies in the fact that all proceedings and the judgments of the BIBC would be in English. The BIBC would be a one stop shop ...

October 30, 2017 - The Netherlands Enterprise Court at the Amsterdam Court of Appeal blocks sale of shares

A recent ruling from the Amsterdam Court of Appeal (ECLI:NL:GHAMS:2017:4123) shows once again how important it is to involve the Works Council in a sales process and provide it with sufficient information in connection with its right to be consulted on the basis of the Works Councils Act (?WOR?). The ...

October 26, 2017 - New tax on securities accounts

One of the key measures of the Belgian Budget bill for 2018 is the introduction of a new tax on securities accounts for Belgian individual tax residents. Non-resident individuals and Belgian and non-Belgian resident companies are not covered by this new tax. A securities account is a special purpose bank ...

October 20, 2017 - Caution: unlawful advertising measures can prove costly in Germany

Advertising is part and parcel of our daily lives. Not just because we are exposed to it all over the place on a daily basis, but also because traders spend a lot of time reflecting on how best to market their own business. There are, however, legal boundaries in place ...

October 17, 2017 - New legislation regarding compensation for damages in competition law part two

In part two of this article we focus on further aspects of new legislation introduced by the new Act No. 262/2017 Coll., on compensation for damages connected with competition law, which became effective in the Czech Republic as of 1st September 2017. Presumption of damage caused by a cartel The ...

October 16, 2017 - New legislation regarding compensation for damages in competition law part one

As of 1st September 2017 the new Act No. 262/2017 Coll., on compensation for damages connected with competition law, became effective in the Czech Republic. The new Act implements the Directive 2014/104/EU1 (the implementation period elapsed on 26th December 2016!) aimed to unify fundamental principles of enforcement of compensation of ...

October 13, 2017 - Supreme Court: camera images normally do not contain ethnicity data

The Supreme Court has, by means of a section 81 Judiciary (Organization) Act [Wet op de rechterlijke organisatie – RO] decision, ruled on 27 June 2017 (implicitly) that the processing of camera images does not imply processing of ?ethnicity data?. Handing over of debit card transaction images In the context ...

October 9, 2017 - Costs of registering a trademark or design

Having a trademark or design is essential for the proper protection of a company?s products and services. The number of companies registering a tradename or design remains large. The new fees for registering a trademark or design have recently been published. Trademark A trademark is a mark used to distinguish ...

October 2, 2017 - Football Practice

In Elias v. Davis & Edwards, Elias, a 16-year-old high school student in the North Kansas City Missouri School District played varsity football. Edwards and Davis were coaches. In October, 2010, the two coaches decided to have a full-grown adult dress out in full football gear including helmet and padding ...

September 29, 2017 - Risky Business Skilled Nursing Facilities Under Attack

Have you ever read a brochure for a resort, college, or apartment complex and expected everything it said to be completely and totally accurate without any caveats? In the Commonwealth of Pennsylvania, a chain skilled nursing facility is under attack for representations it made in its marketing materials. In July ...

September 28, 2017 - Equifax Data Breach: What You Should Do Now

On September 7, 2017, Equifax announced that it had experienced a cybersecurity breach impacting approximately 143 million people. It appears that the unauthorized access occurred mid-May through July 2017. If a credit report was run on you prior to, or during the breach, then your information was probably exposed by ...

September 14, 2017 - Car advertising still under scrutiny from the Dutch Advertising Code Committee

Advertisements for car makes are under the continued scrutiny from the Dutch Advertising Code Committee (Reclame Code Commissie or RCC). This is important news for communication, consultancy and advertising agencies. Like the car makes, they too have to take advertising law into account continuously. Over-promising In 2015, the Dutch Advertising ...