European Legal News

May 23, 2018 - Amendments to regulations on notification of concentration clearance in Lithuania. Concentration clearance permits will be required less frequently

As from 1 January 2018 the intended concentration must be notified to the Competition Council of the Republic of Lithuania and its permission must be obtained where the combined aggregate turnover of the undertakings concerned in the business year preceding the concentration is more than EUR 20 mln. and the ...

May 22, 2018 - The Trucking Industry Absorbs yet another blow at the hand of the California Supreme Court

Many California courts, politicians and regulators seem intent on attacking trucking and transportation companies. The California Supreme Court ?s April 30, 2018 Dynamex Operations West Inc. v. Superior Court (Case No. S222732) decision is the latest example of this assault on the industry. Much has already written about this decision ...

May 18, 2018 - FAA Reauthorization Bill Includes Battling Drone Amendments

The U.S. House of Representatives announced, at the end of last month, passage of the 2018 FAA Reauthorization Act by an overwhelming majority: 393 to 13. The Act includes a host of provisions relevant to the drone industry and in particular opens the door to an easier future for drone ...

May 17, 2018 - So You Think Youve Got Independent Contractors Well, Think Again

Virginia law requires most employers to carry workers? compensation insurance in order to provide specific benefits to workers injured during the course of their work and to provide employers with protection from civil suits for those work-related injuries. Generally, an employer with more than three employees is required to carry ...

May 14, 2018 - US Companies: Prepare Now for May 25 GDPR Deadline

In a little more than six weeks, the most comprehensive revision of EU privacy rules in the past 20 years goes into effect, and the rules have broad implications for U.S.-based companies. On May 25, 2018, the European Union General Data Protection Regulation or GDPR , goes into effect. The ...

May 9, 2018 - Facebook Continues Playing the Globalist Game

Facebook once again recently taught us that it may be easier to avoid a law, than to comply with it. On April 17, 2018, Facebook confirmed that to meet its mission to comply ?in spirit? with ?the whole? of the European Union?s General Data Protection Regulation (GDPR) , which takes ...

May 8, 2018 - Supreme Court to Decide Important Bankruptcy Case

The United States Supreme Court is poised to decide whether a mis-statement about a single asset must be in writing in order to give rise to a non-dischargeable debt for fraud. Scott Appling supposedly orally lied to his law firm about the amount and timing of a tax refund that ...

April 24, 2018 - Applicants of EU design registrations take note: take action within 12 months

A recent high-profile case about Crocs before the General Court of the European Union shows that those who wish to apply for design registration in the EU have to be on their guard. Previous own publications of the design, in this case outside of the EU (in the US), could ...

April 23, 2018 - Medical Practices May be Especially Vulnerable to Sexual Misconduct Claims

Recent allegations of sexual misconduct spanning multiple industries have demonstrated that sexual harassment is much more common in the workplace than employers may care to admit. Organizations that take a ?not us? approach to dealing with these issues may find themselves exposed to significant liability. Medical practices are no exception. ...

April 20, 2018 - Better Late Than Never Time to Get Those Cybersecurity Certifications of Compliance into NYDFS

If you are an individual or company regulated by the New York State Department of Financial Services (NYDFS), you may have received an email from NYDFS reminding you to submit your Certification of Compliance as soon as possible. New York?s relatively new cybersecurity regulation, 23 NYCRR 500 (the Regulation), requires ...

April 19, 2018 - Grab the Spotlight in Haste, Repent in Leisure

Buried on the third and fourth pages of The Wall Street Journal and my local newspaper recently, I found two interesting business stories. These stories followed much more prominent stories. In the first, the WSJ reported that Duke University had recently settled (on confidential terms) with a male student it ...

April 18, 2018 - Aircraft Lease Financing: Whos the Owner

Aviation lending is a world unto its own, populated by lawyers and lenders alike that focus on this niche area. Other than just understanding the difference between FAR Part 91 and Part 135, or what the Cape Town Convention was, or how to obtain and perfect a security interest in ...

April 17, 2018 - Corporate Social Responsibility

Companies with more than 500 employees must report now not just on financial matters. They must now also report on how they respect the rights of their workers, protect the environment and fight corruption. The law on the Implementation of the Corporate Social Responsibility Directive (CSR) came into force on ...

April 16, 2018 - Preliminary Injunctions in Patent Law

Press reports on patent suits give the impression that only large international corporations are involved in patent litigation that seem to always amount to ?patent wars? and go on for years. Patents can, however, also be enforced quickly, which then makes them an extremely effective tool against infringers. This can ...

April 13, 2018 - Challenging the works council election

The procedure for the works council elections is complex. It should ensure a fair and equal-opportunity election. The electoral committee is under obligation to draw up a list of voters. A copy of the list must be laid out in the company from the day on which the election is ...

April 12, 2018 - Increasing the thresholds for Europe-wide procurement procedures

Every two years, the EU Commission reviews the threshold values for the application of EU public procurement law. Effective as of January 1, 2018, increased sums apply and are directly applicable without further measures by the German legislator. When awarding construction, supply or service contracts, which have to be put ...

April 10, 2018 - Cost-stable construction due to risk management in major construction projects

The Elbphilharmonie in Hamburg, Stuttgart 21, the Berlin-Brandenburg Airport and the State Archive in Duisburg ? just to mention a few major construction projects that made headlines. Major public sector construction projects are becoming increasingly expensive and taking longer to complete. The following article sheds light what has to be ...

April 9, 2018 - Company Succession through Management Buy-Out

A management buy-out is the transfer of a company to its (managing) employees or management. It is therefore an interesting instrument for both the current owner and the successor when it comes to small and medium-sized enterprises. In particular in family-owned companies, where there is the lack of an heir ...

April 6, 2018 - The drittwirkung or the voluntary renunciation of the right of veto of the shareholder affected by a statutory reform

?As we said yesterday? here [1], the General Directorate of Registers and Notaries (?DGRN?) decided on December 4 on the registration criteria for the registration of drag along clauses and, therefore, on any modification of the Articles of Association that will impact on the rights and obligations of the dissenting ...

April 5, 2018 - Constructive support by the employer

High quality in the staff composition of the works council helps to ensure peace in the company, enabling a healthy development of the company. The Works Constitution Act (Betriebsverfassungsgesetz; BetrVG) provides for cooperation based on trust between the works council and the employer as one of its cornerstones. A trust-based ...

April 4, 2018 - Reliance on extraordinary circumstances by air carrier succeeds

Passengers are entitled to compensation in case of long delays or cancellation of a flight. European Regulation 261/2004 (hereinafter: the Regulation) determines what amount should be compensated. An air carrier does not have to pay compensation in case extraordinary circumstances occurred and the air carrier could not have prevented these ...

April 3, 2018 - Company buyer liability in the event of continuation of the enterprise under the same name

The liability based on the continuation of the company name by the company?s buyer is an often-overlooked particularity. Under German law this can have serious consequences for the purchaser. In a recent decision, the Higher Regional Court (Oberlandesgericht) of Hamm examined the question of whether the replacement of the first ...

March 30, 2018 - The advisory board in family businesses

An advisory board can make a valuable contribution to ensuring the quality and objectivity of business management. Approximately 60 percent of German family businesses have set up an advisory board. The Governance Code for Family Businesses (Governance Kodex f?r Familienunternehmen) recommends it. Why an advisory board? An advisory board is ...

March 29, 2018 - Right of termination

According to the Federal Data Protection Act (German Bundesdatenschutzgesetz; BDSG), an operational data protection officer enjoys special protection against dismissal during his or her appointment and one year following the end of the appointment (? 4f para. 3 sent. 5 and 6 BDSG). For the duration of the special protection ...

March 28, 2018 - Collective dismissal an endless story

The theatre stage, which has been on the agenda for years under the title of legally effective collective dismissal in many labour courts, is now being entered by a new extra: the temporary worker. This concerns the following: The defendant ran vocational colleges. The plaintiff was initially employed by the ...