• You are here:Home
  • Briefings

Richard Simmons

This week’s top 15 legal briefings - 01 March 2015

1-Mar-2015 | By Richard Simmons

Judicial misconduct; the problem of gift vouchers and administration; and a dispute involving piracy, fuel oil and strict liability

More from Briefings Digest

Will Labour’s plans to double paternity leave and pay be a vote winner? download subscription

Gateley

Labour says that if it wins the May election paid paternity will almost double to £260 per week. Is this enough to persuade more to take it up? 

Italy: which law applies in a clawback action? download subscription

NCTM 2-Mar-2015

A clawback action based on Italian insolvency laws in a procedure opened in Italy can have wider limits when the transaction is governed by a foreign law.

Secondary meaning and the strong protection of a weak trade mark download subscription

NCTM 2-Mar-2015

The Italian Supreme Court of Cassation has issued a ruling regarding the extent of protection of weak trade marks based on the doctrine of  ‘secondary meaning’.

Can the proceeds of future business activity be allocated to unsecured creditors in concordato preventivo, when secured creditors are not paid in full ? download subscription

NCTM 2-Mar-2015

The decision of the Court of Rovereto of 13 October 2014 and the Court of Bergamo of 26 September 2013 took opposite stands on the issue of the allocation.

Read more Litigation briefings

Can sickness justify an employee’s delay in resigning? download subscription

Winckworth Sherwood 2-Mar-2015

The EAT considered whether an employee who said she was too ill to resign for 18 months and who received 39 weeks’ sick pay during that period had affirmed her contract.

Dismissal for offensive social media posts download subscription

Winckworth Sherwood 2-Mar-2015

It is possible for employers to defend unfair dismissal claims arising from inappropriate use of social media even if the misconduct is not work-related.

Employment authorisation for H-4 spouses download subscription

Dentons 2-Mar-2015

The US Citizenship and Immigration Services agency will begin to issue Employment Authorization Documents to qualified H-4 visa status spouses of H-1B temporary worker visa holders.

Read more Employment briefings

Countdown to the Hong Kong competition ordinance – five steps to compliance heaven download subscription

Eversheds 2-Mar-2015

A few simple measures for you to take as you prepare to comply with the Competition Ordinance that will introduce cross-sector competition law rules to Hong Kong this year.

Public procurement in emerging Europe: challenges and opportunities download subscription

Eversheds 2-Mar-2015

€170bn (£120bn) of the EU’s 2014-2020 budget is earmarked for 10 former Eastern bloc countries, much of it being spent on infrastructure and energy projects. Of these, Poland represents the largest market.

Offshore Case Digest: issue 8 download subscription

Conyers Dill & Pearman 25-Feb-2015

A high-level summary of the major commercial cases decided in Bermuda, the British Virgin Islands and the Cayman Islands.

Read more Corporate briefings

Vehicle finance drives strong car sales download subscription

Wragge Lawrence Graham & Co 27-Feb-2015

Greg Standing looks at the different factors contributing to growth in UK car sales, the impact of PCP products on the industry and both the challenges and opportunities facing the industry in the future. 

The Arendter No3: Luxembourg’s legal regime for enterprise weblink

Arendt & Medernach 26-Feb-2015

Luxembourg’s advantages for companies considering locating their business here and insight into the country’s legal regime for enterprises.

India’s E-Biz project: e-filing for FDI transactions and new website for FIPB applications download subscription

Khaitan & Co 26-Feb-2015

To promote easier reporting for foreign direct investmen transactions the Reserve Bank of India has amended the process of filing certain returns.

Read more Banking / Finance briefings

Poland: Will EAA and Swiss investors be able to freely acquire agricultural and forest real properties as of May 2016? download subscription

Schoenherr 2-Mar-2015

On 2 May 2016, restrictions on acquiring agricultural and forest real properties located in Poland by foreigners from the European Economic Area (EEA) and Switzerland will cease to be binding.

Major Russian legislation changes for 2014: real estate and construction download subscription

Dentons 27-Feb-2015

Dentons experts have prepared an overview of the most important legislation changes in real estate and construction for 2014.

Changes to calculating affordable housing contributions – a helping hand to smaller developers? download subscription

Winckworth Sherwood 27-Feb-2015

The NPPG includes a proposal that a financial credit should be applied to affordable housing contributions where buildings are brought back into use or demolished in order to allow redevelopment.

Read more Real Estate briefings

Italy: which law applies in a clawback action? download subscription

NCTM 2-Mar-2015

A clawback action based on Italian insolvency laws in a procedure opened in Italy can have wider limits when the transaction is governed by a foreign law.

Court of Appeal orders security for costs in winding up download subscription

Conyers Dill & Pearman 2-Mar-2015

The CoA says there nothing in the CWR which does not enable an order for security for costs against a non-resident limited liability company in proceedings. 

Trade marks: EU General Court rules on registering advertising slogans download subscription

NCTM 2-Mar-2015

The General Court of Justice of the European Union has ruled on the possibility of registering an advertising slogan as a trade mark.

Read more Company / Commercial briefings

RSS feed for Media / Entertainment / Sport

Media / Entertainment / Sport

Yahoo! gains safe harbour exemption for its online contents download subscription

NCTM 2-Mar-2015

A decision that held Yahoo! responsible for copyright infringement in connection with videos uploaded by end-users has been overturned.

Art Matters newsletter: Sir Winston’s paintings, Wedgwood, Caravaggio and more weblink subscription

Collyer Bristow 26-Feb-2015

 Welcome to Collyer Bristow’s Art Matters, our newsletter covering all aspects of art law.

Artists' Resale Rights Regulations download subscription

Collyer Bristow 24-Feb-2015

The Artists’ Resale Rights Regulations came into force to align creators of art with songwriters, authors, playwrights and screenwriters vis-a`-vis ongoing royalties for the exploitation of their works.

Read more Media / Entertainment / Sport briefings

Employment authorisation for H-4 spouses download subscription

Dentons 2-Mar-2015

The US Citizenship and Immigration Services agency will begin to issue Employment Authorization Documents to qualified H-4 visa status spouses of H-1B temporary worker visa holders.

Warning over ‘mirror wills’ download subscription

B P Collins 2-Mar-2015

An accountant has urged people to take care when drawing up ‘mirror wills’ after suggesting they caused him to lose out financially. 

Britons should protect their digital legacy when drawing up a will download subscription

B P Collins 27-Feb-2015

People need to consider their digital legacy when drawing up a will. Only around 25% of online bank account holders have arranged for their details to be passed on.

Read more Family briefings

Highlights from the Toronto Centre CRA and professionals group breakfast seminar download subscription

Dentons 2-Mar-2015

CRA representatives provided an update on two topics: 1) online CRA e-services, and 2) Regulation 102 and Regulation 105 waivers for non-residents.

Hotel operator expenses taxable in India – operators and owners beware download

Khaitan & Co 2-Mar-2015

Mumbai decision may have significant implications for the tax positions of hotel owners and operators in India.

Britons should protect their digital legacy when drawing up a will download subscription

B P Collins 27-Feb-2015

People need to consider their digital legacy when drawing up a will. Only around 25% of online bank account holders have arranged for their details to be passed on.

Read more Tax briefings

Italy: which law applies in a clawback action? download subscription

NCTM 2-Mar-2015

A clawback action based on Italian insolvency laws in a procedure opened in Italy can have wider limits when the transaction is governed by a foreign law.

Can the proceeds of future business activity be allocated to unsecured creditors in concordato preventivo, when secured creditors are not paid in full ? download subscription

NCTM 2-Mar-2015

The decision of the Court of Rovereto of 13 October 2014 and the Court of Bergamo of 26 September 2013 took opposite stands on the issue of the allocation.

Court of Appeal orders security for costs in winding up download subscription

Conyers Dill & Pearman 2-Mar-2015

The CoA says there nothing in the CWR which does not enable an order for security for costs against a non-resident limited liability company in proceedings. 

Read more Insolvency & restructuring briefings

RSS feed for PPP/PFI/Commercial projects

PPP/PFI/Commercial projects

Is Germany’s Renewable Energy Sources Act undergoing a fundamental change? download subscription

Dentons 26-Feb-2015

Constitutional concerns and uncertainties.

Video: Construction and infrastructure disputes in emerging markets download weblink subscription

PwC 15-Jan-2015

In this video, Christian Butter and Anthony Morgan of PwC discuss construction and infrastructure disputes in emerging markets.

Africa e-briefing, December 2014: OHADA Masters degree; integration of EALI members; EALI and Morrocan country guide, COMESA guidelines and foreign exchange reform download subscription

Eversheds 19-Dec-2014

Eversheds’ Africa e-briefing includes the new OHADA Masters degree, the integration of EALI members, the EALI summit and country guides, Morrocan guide, COMESA guidelines and foreign exchange reform. 

Read more PPP/PFI/Commercial projects briefings

Dismissal for offensive social media posts download subscription

Winckworth Sherwood 2-Mar-2015

It is possible for employers to defend unfair dismissal claims arising from inappropriate use of social media even if the misconduct is not work-related.

Yahoo! gains safe harbour exemption for its online contents download subscription

NCTM 2-Mar-2015

A decision that held Yahoo! responsible for copyright infringement in connection with videos uploaded by end-users has been overturned.

Prevention better than cure? IT suppliers and the Insolvency Service download subscription

Shoosmiths 27-Feb-2015

Earlier this month the Insolvency Service issued an updated draft statutory order regarding the provision of essential IT supplies which is planned to come into force on 1 October 2015.

Read more Information Technology briefings

Secondary meaning and the strong protection of a weak trade mark download subscription

NCTM 2-Mar-2015

The Italian Supreme Court of Cassation has issued a ruling regarding the extent of protection of weak trade marks based on the doctrine of  ‘secondary meaning’.

Trademarks – the nature of ‘strong trademark’ of a certain mark is not sufficient to state its counterfeiting download subscription

NCTM 2-Mar-2015

The Italian Court of Cassation ruled on the counterfeiting of the figurative trademark ‘Valentino’, owned by Valentino S.p.A., by the figurative trademark ‘Giovanni Valentino’, owned by Florence Fashion Jersey Ltd.’ –

Trade marks: EU General Court rules on registering advertising slogans download subscription

NCTM 2-Mar-2015

The General Court of Justice of the European Union has ruled on the possibility of registering an advertising slogan as a trade mark.

Read more Intellectual Property briefings

Public procurement in emerging Europe: challenges and opportunities download subscription

Eversheds 2-Mar-2015

€170bn (£120bn) of the EU’s 2014-2020 budget is earmarked for 10 former Eastern bloc countries, much of it being spent on infrastructure and energy projects. Of these, Poland represents the largest market.

Ensuring that utility agreements do not delay your development download subscription

Winckworth Sherwood 27-Feb-2015

At the outset of a development, it is easy to underestimate the legal obstacles that might arise when dealing with utility companies.

Is Germany’s Renewable Energy Sources Act undergoing a fundamental change? download subscription

Dentons 26-Feb-2015

Constitutional concerns and uncertainties.

Read more Energy briefings

Insurance – foreign investment rules in India download subscription

Khaitan & Co 2-Mar-2015

New rules seek to provide a framework for foreign investment in the Indian insurance sector.

PRIIPS regulation download subscription

Wildgen 26-Feb-2015

Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 regards key information documents for packaged retail and insurance-based investment products.

InVest – February 2015 download subscription

Addleshaw Goddard 17-Feb-2015

This month’s roundup of developments affecting banks, wealth managers, brokers and funds sees: the EU Commission and EIB launch a new advisory service on financial instruments and the Government response to the DECC consultation on new criminal offences for manipulating the energy market.

Read more Insurance and Reinsurance briefings

Italy: which law applies in a clawback action? download subscription

NCTM 2-Mar-2015

A clawback action based on Italian insolvency laws in a procedure opened in Italy can have wider limits when the transaction is governed by a foreign law.

Countdown to the Hong Kong competition ordinance – five steps to compliance heaven download subscription

Eversheds 2-Mar-2015

A few simple measures for you to take as you prepare to comply with the Competition Ordinance that will introduce cross-sector competition law rules to Hong Kong this year.

Public procurement in emerging Europe: challenges and opportunities download subscription

Eversheds 2-Mar-2015

€170bn (£120bn) of the EU’s 2014-2020 budget is earmarked for 10 former Eastern bloc countries, much of it being spent on infrastructure and energy projects. Of these, Poland represents the largest market.

Read more Competition/EU briefings

A high-value commercial fraud dispute: Orb & Ors v Ruhan download subscription

7KBW 27-Feb-2015

This complex and high-value multi-party commercial fraud dispute is due to come on for a four-month hearing before the Commercial Court in late 2016 or early 2017.

Whistleblowers in the Swiss banking sector: legal hurdles to co-operating with foreign governments download subscription

Bär & Karrer 25-Feb-2015

An overview of the main Swiss criminal law provisions that prohibit the theft and disclosure of banking information to foreign authorities or courts, and how they have been applied to whistleblowers in recent cases.

Run over by shoplifter in parking lot, retail employee may sue download subscription

Dentons 25-Feb-2015

A retail employee who helped pursue a shoplifter, in violation of the employer’s workplace violence policy, could sue the employer and a supervisor in the courts for her injury.

Read more Crime briefings

Video: Totum talks — the new pricing paradigm weblink subscription

Totum 8-Jan-2015

Totum’s Tim Skipper, Stephen Allen of DLA Piper and Mark Smith of LexisNexis discuss new approaches to pricing in the legal sector.

Game-changer: why some firms are prioritising IT download subscription

Totum 10-Dec-2014

In a market that has become synonymous with change it is no coincidence (to us at least) that in the past three months we have been asked to help recruit IT directors into four successful, innovative law firms.

E-card? E-nough already download subscription

Totum 9-Dec-2014

There is one thing I really can’t condone — the e-card.

Insurance – foreign investment rules in India download subscription

Khaitan & Co 2-Mar-2015

New rules seek to provide a framework for foreign investment in the Indian insurance sector.

Public procurement in emerging Europe: challenges and opportunities download subscription

Eversheds 2-Mar-2015

€170bn (£120bn) of the EU’s 2014-2020 budget is earmarked for 10 former Eastern bloc countries, much of it being spent on infrastructure and energy projects. Of these, Poland represents the largest market.

Insolvency litigation briefing: February 2015 download subscription

Wragge Lawrence Graham & Co 2-Mar-2015

Wragge Lawrence Graham & Co’s dedicated insolvency litigation team bring you their monthly update on the cases and issues affecting the insolvency and fraud investigation industry. 

Read more Financial services briefings

Going off piste – who bears the cost of design changes? download subscription

Gateley 2-Mar-2015

What happens when the design consultant decides to go ‘off piste’, and enhances the specification, after the contractor has agreed the fixed price?

Major Russian legislation changes for 2014: real estate and construction download subscription

Dentons 27-Feb-2015

Dentons experts have prepared an overview of the most important legislation changes in real estate and construction for 2014.

Judicial Review: planning for a challenge download subscription

Winckworth Sherwood 27-Feb-2015

We explain the timescale for making and serving an application for judicial review and the searches and enquiries that we carry out prior to completion to investigate whether a challenge has been made. 

Read more Construction briefings

Secondary meaning and the strong protection of a weak trade mark download subscription

NCTM 2-Mar-2015

The Italian Supreme Court of Cassation has issued a ruling regarding the extent of protection of weak trade marks based on the doctrine of  ‘secondary meaning’.

Trade marks: EU General Court rules on registering advertising slogans download subscription

NCTM 2-Mar-2015

The General Court of Justice of the European Union has ruled on the possibility of registering an advertising slogan as a trade mark.

Countdown to the Hong Kong competition ordinance – five steps to compliance heaven download subscription

Eversheds 2-Mar-2015

A few simple measures for you to take as you prepare to comply with the Competition Ordinance that will introduce cross-sector competition law rules to Hong Kong this year.

Read more In-House briefings

Job of the Week