European Legal News

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 ...

October 17, 2018 - Belgian UBO register: complex structures who is the ultimate beneficial owner

The Belgian Law of 18 September 2017 (the ?Law?) implementing the 4th Anti-Money Laundering Directive of May 2015 (the ?4th AML Directive?) has established the Ultimate Beneficial Owners Register (?UBO Register?) in which Belgian companies, non-profit organizations, foundations, trusts and other similar entities have to record their ultimate beneficial owners. ...

October 15, 2018 - Europe-wide ban on counterfeit Daniel Wellington watches

It is now established case law that holders of a European trademark can denounce the infringement in one member state but also immediately get a European ban, all in one lawsuit. A recent decision from the District Court of The Hague on counterfeit Daniel Wellington watches underscores this once again. ...

October 4, 2018 - Real estate transactions across Europe

Real Estate owners, investors, Asset and Property Managers today have a global and European focus when it comes to real estate investments. Being confronted with different legal and tax systems a short practical overview can be helpful for those who are trying to find their way in the different European ...

October 3, 2018 - German Federal Court of Justice strengthens tenant rights

A cosmetic repair clause is not valid even if the new landlord undertakes to carry out cosmetic repairs. Nothing changes with the German Federal Court of Justice?s new ruling (ruling dated 22.08.2018, Az. VIII ZR 277/16). The Court continues to uphold to its landmark ruling (ruling dated 18.03.2015, Az. VIII ...

October 1, 2018 - German Exporters: How To Control US Product Liability Risk

We frequently hear about product liability lawsuits before US courts in the media, but only the most bizarre and drastic cases seem to make the headlines. These are cases in which, for instance, plaintiffs claim enormous amounts of damages compensation. What happened? A particularly interesting and recent case is the ...

September 21, 2018 - Budget Day 2018

On Tuesday 18 September 2018, Budget Day 2018, the Dutch Minister of Finance has published the Tax Plan 2019. Below the most important measures from an international perspective will be outlined. For the larger part, the Tax Plan 2019 contains measures which were already announced in the coalition agreement. In ...

September 17, 2018 - Securing Wireless Infusion Pumps in Healthcare

The National Cybersecurity Center of Excellence (NCCoE) announced in August that it has finalized the draft guidance it first issued in May of last year on securing wireless infusion pumps. Infusion pumps are often tasked with supplying a steady inflow of life-saving or life-sustaining medications, and their exposure to the ...

September 14, 2018 - Employers Seeing Increased I-9 Audits & Fines Under Trump Administration

Under the current administration, in FY17, businesses were ordered to pay $97.6 million in judicial forfeitures, fines and restitution, and $7.8 million in civil fines, including one company whose financial penalties represented the largest payment ever levied in an immigration case. ?Under federal law, employers are required to verify the ...

August 15, 2018 - What Exactly Is Use in Commerce

Many federal trademark applications are filed on an intent-to-use basis, which means that the applicant has not yet begun to use the mark in connection with its business activities to brand, market, and sell its products. However, in order to complete the trademark registration process, it is necessary to demonstrate ...

August 14, 2018 - New legislation regarding the provision of services in the area of tourism industry in the Czech Republic part two

Part two of this article is focused on (i) the new legal regulation concerning the consumer protection in the area of tourism industry and on (ii) the most important changes relating to the right to operate a travel agency in the Czech Republic. All these changes were introduced by the ...

August 13, 2018 - New legislation regarding the provision of services in the area of tourism industry in the Czech Republic part one

This article is devoted to the new legal regulation regarding the provision of travel and related services in the Czech Republic. As of 1st July 2018 the Amendment of the Czech Act No. 159/1999 Coll., on certain business conditions and performance of certain activities in the area of tourism industry, ...

August 10, 2018 - Three Things about the Affordable Care Act Employers Need to Focus on Now

The Affordable Care Act (“ACA”) is alive and well, despite renewed legal challenges and the elimination of the ?individual mandate? beginning next year. While the Tax Cuts and Jobs Act reduced the tax penalty for individuals who don?t have health coverage to $0, effective for 2019, employers continue to be ...

August 8, 2018 - The New EU Data Privacy Rule and Its Impact on Your Organization

The General Data Protection Regulation (“GDPR”) establishes protections for the privacy and security of personal data regarding individuals in the European Economic Area countries (all European Union member states, Norway, Iceland and Liechtenstein ? referred to for purposes of the GDPR as the “EU”). The GDPR became effective on May ...

August 6, 2018 - CORPORATE PHILANTHROPY GOOD PRACTICES TAX REDUCTION OR DEDUCTIBLE EXPENSE CORPORATE INTEREST PHILANTHROPY AND THE ADVENT OF MISSION-LED BUSINESSES

Corporate philanthropy is faring well, even though it is still a recent practice compared to philanthropy overall. In France, corporate philanthropy effectively stems from the law on corporate foundations adopted relatively recently, on 4 July 1990[1]. It is in fact quite significant to see how difficult it was for the ...

August 3, 2018 - PHILANTHROPISTS INTENTIONS: THE STRATEGIC CHOICE OF LEGAL STRUCTURE

Initiating and conducting a philanthropic project imply strategic choices in terms of governance, durability and tax treatment, in order to give legal effect to the intentions of the founding philanthropist. Philanthropy and economics increasingly share a project rationale, which involves defining the approach to be taken to improve the chances ...

August 1, 2018 - Internet Seller Beware

Due to a recent Supreme Court decision, internet sellers may now be required to collect and remit sales taxes in states in which they have no physical presence. In the landmark case of South Dakota v. Wayfair, Inc., decided on June 21, the Court overturned its prior decisions that had ...

July 30, 2018 - Innovative Treatment Models for Alzheimers Disease and Dementia Care

Exploring an “aging in place” approach that maximizes cost savings and patient-caregiver wellbeing Overview: Over five million Americans are living with Alzheimer?s Disease and other dementia (AD). As the ?Baby Boomer? generation continues to age, the number of individuals suffering from AD will likely grow exponentially over the next three ...

July 28, 2018 - When Is Travel Time Compensable For Employees With No Regular Workday

Employees? work schedules seem to be as fluid than ever. More and more, employers are bending to the employment market?s demand by allowing employees to work remotely from home and/or to reasonably set their own hours to accommodate personal obligations such as caring for children or loved ones. If done ...