Exclusion clauses — they will work if they are clearly drafted

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Latest Briefings

New Act on the Control of Investments Detrimental to the Interests of Hungarian National Security

The Hungarian Government recently adopted Act no. LVII of 2018 on the Control of Investments Detrimental to the Interests of Hungarian National Security (the “Act”). Previously we wrote about a similar legislative proposal which aimed at establishing a similar control mechanism. However, the Act has a more sophisticated approach on the control and approval procedure […]

Health and safety at work in Romania: What companies need to know

Failure to take or observe the mandatory measures for health and safety at work may entail, among other types of liability (e.g. civil, administrative), potential criminal liability for employers. The Romanian Criminal Code (the “RCC”) provides for two offences which sanction such failure: i) failure to take the mandatory measures for health and safety at […]

Switzerland: Insolvency law, policy and procedure

By Daniel Hayek and Laura Oegerli Statutory framework and substantive law Swiss restructuring and insolvency proceedings are mainly governed by the Swiss Debt Enforcement and Bankruptcy Law (DEBA), which entered into force in 1892. A number of other laws and ordinances further regulate special aspects of restructuring and insolvency proceedings, such as specific provisions according to […]

Czech Republic: Office for the Protection of Competition gets tougher

In April 2018 the Office for the Protection of Competition adopted new guidelines on the method of setting fines for competition law infringements,(1) noting that the need for a revision of the previous guidelines had emerged in the wake of developing case law, as well as amendments to the Act on the Protection of Competition. The […]

FOS expansion to SMEs – near-final rules published

By Paul Gair The Financial Conduct Authority yesterday released its policy statement on SME access to the Financial Ombudsman Service (FOS), setting out its near-final rules for amending the compulsory jurisdiction to include new definitions for “small businesses” and “guarantors”. At the same time, it has released a new consultation paper detailing proposals for increasing […]

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Khaitan & Co advises Elder Pharmaceuticals on sale of business to Torrent

Khaitan & Co has advised Elder Pharmaceuticals Ltd in relation to the sale of some of Elder’s branded domestic formulations business in India and Nepal to Torrent Pharmaceuticals Ltd by way of a slump sale for a lump sum consideration of $324m (£193m) approximately. Elder Pharmaceuticals is an integrated pharmaceutical player, headquartered in Mumbai, with […]

Amar Sarwal

Germany must reinforce in-house lawyers’ independence

The ACC’s chief legal strategist issues a rallying call for the rights of in-house lawyers In-house lawyers have transformed the legal profession over the past 30 years. Not only have they strengthened the corporate legal function itself, but they have also implemented compliance systems designed to root out misconduct before it mushrooms. Indeed, by being […]

Rebecca Smarts

John Lewis marketing blunder acts a sore reminder to follow protocol

The news that John Lewis has been ordered to pay damages to an individual who received marketing emails without having consented to receiving them is a stark reminder of the financial fallout that can result from a lack of due diligence in this area – something which law firms especially should not be falling foul […]

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