March 4, 2019 - Company and corporate: New Belgian Companies Code approved

On 28 February 2019, the Belgian Parliament has finally approved the draft law introducing the new Companies and Associations Code. The law effects a rationalization and modernization of Belgian company law including, inter alia, the reduction of the number of categories of companies from 17 to 4, the adoption of ...

March 1, 2019 - Aviation: Belgian Supreme Court confirms that under the Brussels I Regulation (Recast) the substantive validity of a choice of jurisdiction clause must be assessed under the law of the chosen Member State

On 8 February 2018, the Belgian Supreme Court (Court of Cassation) annulled a judgement of the Dutch speaking Commercial Court of Brussels which had assessed the substantive validity of a choice of jurisdiction clause under Belgian law rather than under the law of the Member State designed by the clause. ...

February 20, 2019 - The PSD2 launched in the Netherlands on 19 February 2019

Today, 18 February 2019, the Bulletin of Acts and Decrees announced that the Implementation Act for the revised Payment Services Directive (PSD2) and the implementation decree will enter into force in the Netherlands on 19 February 2019. This means that from 19 February it will be possible to submit the ...

February 4, 2019 - Belgium prepares for hard brexit

Brexit is now only 56 days away. According to the Belgian Employers? Federation there are some 25.000 companies in Belgium which trade with the United Kingdom, of which only one fifth have taken measures to prepare for a hard Brexit. It is estimated that a hard Brexit will cost Belgium ...

February 1, 2019 - Consequences of a hard Brexit in the area of company law

In previous Brexit articles written by our fellow colleagues, the loss of freedom of establishment has already been discussed. The loss of freedom of establishment between the Netherlands and the United Kingdom might also have adverse consequences in the area of company law, for example with regard to mergers and ...

January 30, 2019 - Brexit and trade contracts

Brexit will have a major impact on the content and execution of trade contracts between Dutch and British undertakings. For example, agreements for the purchase and sale of products, distribution and agency agreements and partnership agreements. Solid contractual clauses set out in new agreements to be drawn up can help ...

January 28, 2019 - Tax implications no deal Brexit

On 15 January 2019, with a large majority, British Parliament voted down the Brexit Plan the British Government had agreed upon with the EU. If no other arrangement with the EU will be made before 29 March 2019, the UK will cease to be a member of the EU without ...

January 14, 2019 - Netherlands Commercial Court open for business

On 1 January 2019, the Netherlands Commercial Court (NCC) and the Netherlands Commercial Court of Appeal (NCCA) officially started their work. In my (Dutch) article of 1 February 2016, I have already set out the plans for this specialised forum. These new forums are special divisions of the Amsterdam District ...

January 7, 2019 - Drones: current rules in Belgium

Gatwick airport was recently forced to close its runways because of suspected drones entering the airspace. This incident led to the cancellations of hundreds of flights. A few days later, Santa Claus put drones under the Christmas tree of thousands of families. These events serve as a reminder of the ...

January 4, 2019 - FUTURE AMENDMENTS TO BELGIAN PNR LAW

On 30 November 2018, the Belgian Council of Ministers approved a first draft of future legislation amending the Law of 25 December 2016 on the processing of passenger data (the ?PNR Law?). The PNR Law sets out, inter alia, the obligations of the carrier and the travel agency concerning the ...

January 2, 2019 - EU261/2004: Why are so many requests for preliminary rulings pending before the CJEU

In the last few years the Court of Justice of the European Union has frequently been asked to issue preliminary rulings on the concept of ?extraordinary circumstances? which figures in Flight Compensation Regulation No 261/2004 (?Regulation EU261?). Article 5.3 of Regulation EU261 provides that an air carrier is to be ...

December 11, 2018 - Important decision Dutch Supreme Court regarding deductibility sale and acquition related costs participations

Summary The Dutch participation exemption does not only exempt qualifying income (capital gains upon sale, dividends) but allows disallows certain cost deductions. Costs incurred in relation to the acquisition or disposal of a participation in a subsidiary are treated as non-deductible ?acquisition or disposal costs?. To what extent costs incurred ...

December 10, 2018 - Managing Dashboard Camera Systems (Dash Cams) from the Risk Management and Defense Counsels Perspective

I have devoted my entire legal career to defending commercial transportation companies in civil liability cases. Over the past ten years, the involvement of dash cams in my cases has gone from being very rare to now being the norm. If the current trend continues, I suspect that in a ...

December 7, 2018 - How to Stop Departing Employees from Walking Off with the Company Jewels

Problem: A key member of the design team for your start-up company’s upcoming product launch has just quit in a huff over compensation. He (or she) threatens to go to your primary competitor and share everything they know about your new product, including the technology and the marketing strategy. This ...

December 6, 2018 - Revised tax ruling practice announced in the Netherlands

The Dutch ruling practice for tax rulings with an international character has been one of the cornerstones of the Dutch investment climate for a period spanning more than 50 years. Often tax legislation contains vague language and ambiguous terms increasing the need for advance consultation of the competent tax authorities ...

December 5, 2018 - Deadline Approaches to Certify Compliance Programs

The December 31 deadline for certain Medicaid providers and third-party billers to certify as to the effectiveness of their compliance program is fast approaching. New York State Medicaid providers and third-party billing companies who claim, bill, order or receive at least $500,000 in any consecutive 12-month period from the Medicaid ...

December 3, 2018 - Is Religious Freedom on a Collision Course with Newly Gained Civil Rights

Since the United States Supreme Court issued Obergefell in 2015, there have been dark predictions that religious freedom and other, more recently gained, civil rights protections are on a collision course. Recent developments might cause this course to run through the employment arena. In August, the Office of Federal Contract ...

November 30, 2018 - Qualified Opportunity Zones: Insights from the Governments New Guidance

Hinckley Allen published A Practical Guide to the Qualified Opportunity Zone Program, which details a promising new program contained in the 2017 Tax Cuts and Jobs Act that provides significant tax incentives for real estate investors in Qualified Opportunity Zones (?QOZ?). Although the QOZ program was received enthusiastically, significant questions ...

November 12, 2018 - Work product now you see it, now you dont

Last week the Middle District of Georgia issued a decision that a carrier?s work product protection can essentially evaporate for claims records generated during the period when the insured and insurer clearly disputed coverage if the carrier is later willing to revisit its coverage position and agreed that a covered ...

November 9, 2018 - Congress Passes Bipartisan Legislation to Address the Opioid Crisis

On October 3, the Senate passed the compromise opioid bill package that had been approved by the House on September 28. This sweeping legislation, known as the ?SUPPORT for Patients and Communities Act? (the ?Act?), received overwhelming approval in both chambers, and will now be sent to the President. Although ...

November 7, 2018 - Municipal Utilities Need to Be Smart When Implementing a Smart Meter Program

The United States Court of Appeals for the Seventh Circuit (the ?Seventh Circuit?) recently decided the case of Naperville Smart Meter Awareness v. City of Naperville, 900 F.3d 521 (7th Cir. 2018). The suit brought by Naperville Smart Meter Awareness (?NSMA?) alleged that the collection of smart meter energy-consumption data ...

November 5, 2018 - Help! Our New Hire Showed Up with a Service Dog!

Reasonable accommodation issues often require an employer to balance the needs of the employee requesting accommodation with the needs of other employees who are impacted by the decision. These issues can be magnified when an employee relies on a service dog. Most employers are unfamiliar with the issue, and courts ...

November 2, 2018 - 11 Tips for Responding to the Facebook Hack

On September 28, 2018, Facebook disclosed that it was hacked, exposing the accounts of 50 million users. Despite the staggering amount of information affected by this breach, many individuals have been dismissive of the risk. They wrongly assume that because their use of social media is limited to posts of ...

November 1, 2018 - Belgian Company law reform: update

On 23 October 2018, the Belgian Commercial and Business Law Parliamentary Committee approved at a first reading stage the draft Law reforming Belgian Company law. The draft Law has now to be approved at a second reading of the Committee and then submitted to the plenary session of the Belgian ...

October 31, 2018 - Bankers Beware: Businesses Selling CBD Are Most Likely Marijuana-Related Businesses

The popularity of cannabidiol (CBD) products is skyrocketing as a large number of states loosen their grip on the sale of such cannabis-derived products (CBD is a non-psychoactive component of the Cannabis sativa L. plant). Additionally, the DEA?s recent decision to reschedule certain FDA-approved, cannabis-derived CBD drugs, which includes only ...