Law

Definitive source for EU law soon to be online only

Currently only the paper edition of the EU Gazette has legal effect. Effective 1 July 2013, only the online version will be legally binding. This binding change was published on 14 March 2013 in the paper edition. As Council Directive No. 216/2013, the Official Gazette of the European Union announced its own paper-based end. Instead the electronic version on the EUR-Lex website will become binding this summer. It is available under http://eur-lex.europa.eu. Access to EUR-Lex is free of charge and no registration is required. The Publications Office of the European Unit is responsible for administration.

Delaware District Court Takes Patent Damages Expert to Task

By Ralph A. Dengler, Christopher Viceconte and and Andrew P. MacArthur, Gibbons

Deferring judgment until after he hears testimony prior to trial, U.S. District Judge Richard G. Andrews of the District of Delaware nonetheless indicated in a recent Memorandum Opinion that he was inclined to exclude plaintiff's patent damages expert.

Disclosure Obligations Highlighted by Two Birds

By Nigel Pearmain and Chris Le Quesne, Voisin

The recent judgment of the Royal Court in this case has provided further clarification on the disclosure obligations of former trustees owed to their successors. The Court noted that there appeared to be little authority on the law dealing with the duty of a retiring trustee to hand over documents and information to an incoming trustee and therefore took the opportunity to set out its views concerning the legal position.

Don't Forget About Those Seven Provisions of the AIA Effective September 16, 2012!

By Estelle J. Tsevdos and Jillian A. Centanni

Starting on September 16th, seven important provisions of the America Invents Act ("AIA") will take effect: inter partes review, post grant review, supplemental examination, third-party "preissuance submission," substitute statement in lieu of the inventor's oath/declaration, transitional program for covered business method patents, and citation of patent owner statements in a patent file. Not all of the provisions are applicable to every patent and/or patent application. So, it is important that one consults with patent counsel before taking action. Below are helpful takeaways and summaries of these key changes. More information can be found on the USPTO's website.

Drafting restrictive Covenants: The importance of clarity

By Jean Lemoine and Francis P. Donovan, Ravinsky Ryan Lemoine, L.L.P.

Restrictive covenants such as noncompetition and non-solicitation clauses have become a common feature in employment contracts, contracts for the sale of a business and a variety of other commercial transactions. In Canada, Courts are generally more inclined to consider such covenants as being excessive – and therefore invalid – in employment matters than in business matters. However, what of the very common hybrid situation in which the seller of a business remains for a time as an employee after the sale?

Electronic Bankruptcy and Liquidation proceedings

By Dr. Attila Kovács, Kovács Réti Szegheõ Attorneys at Law

AAs of 1 July 2015 Act XLIX of 1991 on Bankruptcy and Liquidation proceedings (Bankruptcy Act) in coordination with the rules of the Hungarian Act III of 1952 on the Code of Civil Procedure (CPC) provides for comprehensive changes in civil proceedings, including bankruptcy and liquidation procedures.

Employee Misclassification in California: Issues and Strategies

By Robert A. Bleicher, Carr McClellan P.C.

Uber’s $100 million class action settlement with drivers who claimed they were misclassified as independent contractors rather than employees caught the attention of businesses across California. That attention is warranted. Recent decisions by courts and government agencies are clear that labeling a worker an “independent contractor” is immaterial.

Employee Non Compete Agreements in California: They’re Not Enforceable

By Robert A. Bleicher, Carr McClellan P.C.

In many United States jurisdictions, covenants that restrict a departed employee’s ability to compete with his former employer are enforceable with reasonable limitations. Typically, courts permit a restrictive employment covenant after applying a balancing test that weighs geographic regions, time limits, or other considerations to prevent the restriction from being overly oppressive. Not so in California, where those considerations are effectively irrelevant. Home to the world’s seventh largest economy, it has the most aggressively enforced public policy against contracts that in any way prevent a person from engaging in his or her profession, trade, or business.

Enforcement of Foreign Judgment in Japan

By Seiichi Yoshikawa, Koga & Partners Legal

In Japan, a judgment rendered by a foreign court ("foreign judgment") can be enforced by obtaining an "enforce-ment judgment" from the Japanese court. In brief, the party seeking an enforcement judgment raust show (1) the foreign court had jurisdiction over the dispute in question, (2) the defendant was properly served in the process before commencement of the case, (3) the contents of the foreign judgment and the procedure for issuance thereof were not in conflict with the Japanese public order and good morals and (4) the country to which the foreign court belongs provides a reciprocal treatment to a judgment rendered by the Japanese court.

Enterprise restructuring in Italy, legal options and business opportunities

By Claudio Ceradini, SLT – Studi Legali e Tributari

Since 2007, Italy has been facing one of the deepest and longest financial and industrial crises ever seen. The number of bankruptcies has grown very rapidly. Consequently, the government has decided to develop restructuring rules with new options offered to those companies which detected their situation promptly and decided to react with a recovery and turnover plan.

EU strengthens rights of posted employees



By Michael Wendler, Wendler Tremml Rechtsanwälte

On 28 May 2014, the Official Journal of the European Union No. 159 published Directive 2014167/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No. 1024/2012 on administrative cooperation through the Internal Market Information System (the IMI Regulation).

European jurisdiction: be aware of implementation clauses!

By Michiel Teekens, TeekensKarstens advocaten notarissen

The Council Regulation (EC) No 44/2001 of 22 December 2000 (“the Regulation”) regulates jurisdiction between persons, including companies, located in Member States. The Regulation provides general principles for jurisdiction, but also allows contractual parties to agree to deviate through an implementation clause or a forum clause.

European Union: Sales Law is Coming


By M. Wendler; Wendler Tremml Rechtsanwälte


After more than 10 years of preparation, the European Commission presented the proposal for a Regulation on a Common European Sales Law (CESL) on October 11, 2011. This proposal is intended to harmonise European sales law. It is particularly commendable that unlike a previously favoured draft that provided for full harmonisation, it will not interfere with national contract laws but rather open up an additional European option.

Federal Circuit Advisory Council Gives Nod to Limited Claims and Prior Art in Patent Suits

By Ralph A. Dengler and Thomas J. Bean, Gibbons

IP practitioners on both sides of the "v." should take heed that the Federal Circuit Advisory Council ("the CAFC Council") has unanimously approved a "Model Order Limiting Excess Patent Claims and Prior Art." Citing a "[l]ack of discipline" by the asserting party, the CAFC Council recounted that the resulting "superfluous claims and prior art" have contributed to increasing the expense and burden of patent litigation. And rather than dealing with the number of claims and prior art references on an ad hoc basis, as is presently done, the aspirational Model Order sets default numerical limits on the number of asserted patent claims and prior art references.

Fighting Fraud in Emerging Economies – Challenges for Overseas Business Operations & Expatriates

Plum Field Advisory Foto Story

By Tetsuya Umehara, Plum Field Advisory

With globalization, regardless of the type of business you run, the management of overseas operations is becoming more and more strategically important, and some overseas subsidiaries are growing for many multinational corporations. This creates challenges for multinational corporations to maintain "sound" management when culture, rules, laws, and customs are different.

Financing of recent big corporate transactions in Spain

By Higini Marsal, Grup Vilar Riba

Transactions such as CVC and Deoleo and the merger of the IDC Salud (Capio) and Quirón hospital groups have been possible thanks to the application of the covenant lite or covlite formula, a structure which, for its nature and characteristics, tends to be associated with situations in which excess cash flow and a lack of opportunities has forced lenders to relax guarantees in order to ensure profitability and the survival of their business.

FTC Proposes Rules to Codify Reporting of Exclusive Patent Right Transfers in the Pharmaceutical Industry

By Anthony A. Dean, Gibbons

Is the sale or assignment of a patent reportable? The Hart-Scott Rodino Antitrust Improvements Act of 1976 ("HSR") and related rules  require that all acquisitions of voting securities or assets exceeding a threshold amount be reported to the Federal Trade Commission ("FTC"), as well as the Antitrust Division of the Department of Justice. The current threshold is $68.2 million.

Germany introduces a statutory minimum wage

by Michael Wendler, Wendler Tremml Rechtsanwälte

On 1 January 2015, the Minimum Wage Act (MiLoG) came into force in Germany, which fixes the minimum hourly rate at €8.50. Around 3.7 million workers in the low-pay sector will benefit from the new legislation, with their wages rising as a result. A statutory minimum wage is now in force across every sector of 22 of the 28 EU member states, with the exceptions being Austria, Cyprus, Denmark, Finland, Italy and Sweden.

GGI Logo 70x50px

GGI Geneva Group
International AG

Schaffhauserstrasse 550
P.O. Box 286
8052 Zurich
Switzerland

Contact

T: +41 44 2561818
F: +41 44 2561811
This email address is being protected from spambots. You need JavaScript enabled to view it.
www.ggi.com

Disclaimer

Legal Disclaimer & Privacy Statement

Legal Disclaimer

This website is managed by Geneva Group International AG Zürich (hereinafter referred to as "GGI") on behalf of the member firms of GGI, a worldwide organization of independent Law, Accounting and Consulting Firms. GGI provides information and documentation on World Wide Web sites, such site(s) being known as the GGI Internet (hereinafter referred to as the "Website"). If you make any use of this Website, you confirm that you agree to each of the terms and conditions set forth below. You shall not be authorized to use this Website if you do not agree with any of the terms and/or conditions set forth below.

GGI, a company incorporated in accordance with the laws of Switzerland, provides no legal, audit or other professional services to clients. Such services are provided solely by GGI member firms in their respective geographic areas. GGI and its member firms are legally distinct and separate entities. They are not and nothing shall be construed to place these entities in the relationship of parents, subsidiaries, partners, joint ventures or agents. No member firm of GGI has any authority (actual, apparent, implied or otherwise) to obligate or bind GGI or any other GGI member firm in any manner whatsoever.

No action should be taken or omitted to be taken in reliance upon information contained in this Website. The information contained and accessed on this site is provided by the member firms of GGI for general guidance and is intended to offer the user general information of interest. The information provided is not intended to replace or serve as substitute for any accounting, legal (in those jurisdictions where GGI member firms are permitted to practice law), tax or other professional advice, consultation or service. You should consult with a professional from a GGI member firm in the respective legal, accounting, tax or other professional area. Based on specific facts or circumstances, the application of laws and regulations may vary.

Based on the fundamental universal condition of the electronic communication process, GGI does not guarantee, warrant and/or offer any assurance that this Website (including its functions, contents, downloadable files, software etc.) will be uninterrupted, without delay, error-free, omission-free, or free of viruses, free of Trojan horses, similar destructive software and/or free of harmful codes which may impair the proper functioning of any software, hardware or other equipment and/or materials of the user. GGI does not guarantee, warrant and/or offer any assurance that this Website is compatible with any user's computer equipment (hardware and/or software) or network through which access to this Website is gained. GGI does further not guarantee, warrant and/or offer any assurance that the use of this Website will not lead to viruses, Trojan horses and/or similar destructive software accessing any user's computer equipment.

Access to this Website may be interrupted or unavailable at any time, in particular during maintenance or upgrade procedures. Therefore, the information is provided "as is" without warranties of any kind, express or implied, including accuracy, timeliness and completeness. In no event shall GGI or partners, executives, principals, agents or employees of its member firms be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or other losses and/or damages of any kind (including, but not limited to, liability for loss of use, data, profits, other intangibles, the costs of procurement of substitute goods and/or services), without regard to the form of any action, including but not limited to contract, negligence or other tortuous actions, arising out of or in connection with this Website, any content on or accessed by use of this Website, or any copying, display or other use hereof even if GGI has been notified of the possibility of such loss and/or damage. All statements, information, downloadable data and files etc. on this Website are made available without liability or guarantee for their correctness, completeness, accuracy, durability, assurance of features, reliability, workability, merchantability, quality, fitness for a particular purpose, achievement of results, non-infringement of proprietary rights, absence of any deficiencies or something similar. GGI shall not be liable for any damage which a user may suffer as a result of any errors in content or arising from any virus or other destructive software. Users are responsible for ensuring that their computer equipment has appropriate security and virus protection features.

All intellectual property rights (in particular copyrights, trademark rights, design rights and patent rights) to the contents of this Website shall be reserved. As content on the site is protected by intellectual property laws (such as for instance copyright, trademark, patent laws) as well as by unfair competition laws, any unauthorised use of any materials on the site may violate copyright, trademark, patent and other laws. Pictures, texts, graphics, computer software etc. which are contained, featured and/or downloadable on this Website may not be copied, downloaded or used in any other way unless indicated otherwise on this Website. Should a user download and/or print the materials on this Website for personal or non-commercial use, the user must retain all copyright and other proprietary notices contained in the original materials on any copies of the material and the source must be indicated completely. The complete and/or partial reproduction, transmission (electronically and/or otherwise), modification, public display, performance, distribution, linking, framing or other use of this Website for any public and/or commercial purposes shall not be allowed without the prior written consent of GGI and the complete indication of the source. GGI does not grant the users of this Website any rights (in particular no intellectual property rights), except for the rights that are necessary to use this Website for purposes permitted under these conditions.
Some links on this Website refer to other websites which have been set up and are operated by third parties. Such links are provided only as a convenience to users. GGI does not control and is not responsible for any of these sites or their content. GGI explicitly disclaims any endorsement or recommendation of and guarantee or liability for such websites of third parties.
This Website is not intended for persons who are subject to a jurisdiction that prohibits the publication of and/or access to this Website (be it because of the nationality, their age, the domicile or for any other reason). If you are affected by such restrictions, you may not access this Website.

Privacy Statement

Geneva Group International AG Zürich, a joint-stock company incorporated under Swiss law with Swiss company registration number CH-170.3.020.433-0 whose registered office is at Schaffhauserstrasse 550, CH-8052 Zurich, Switzerland, (hereinafter referred to as "GGI") is in charge of the data supplied to this Website and the processing of such data. This website is managed by GGI. The goal of this target group is to develop additional sustained and diversified business opportunities on the basis of these relationships.

For the purposes of this Privacy Statement, member firms, correspondent firms, associated firms of GGI and other companies assisting GGI in running and maintaining this website are together described as Partners.

GGI provides information and documentation on World Wide Web sites, such site(s) being known as the GGI Internet (hereinafter referred to as the "Website"). This page contains the information gathering and use policies adopted by GGI in connection with the Website. These policies are subject to periodic review and any changes will be included within this section of the Website.
GGI is not responsible for the privacy policies of third party sites to which links are provided (including sites of Partners of GGI). The privacy policies on these sites should be checked before providing any personal information to these sites.

GGI is committed to the protection of personal information supplied by clients and prospective clients and other users of this Website. GGI provides further support and specialised services for Partners most of whom are situated outside Switzerland in countries which may not afford an adequate level of protection for personal data. Personal information submitted to the Website may be transferred to other Participant Firms outside of Switzerland to the extent necessary to meet the purpose for which the information was submitted. In submitting personal data to this Website in connection with a request for support and specialised services, the individuals concerned consent to the transfer of their personal data outside Switzerland to the extent necessary to comply with the request.

Collection of information

GGI will only collect and use personal data voluntarily and openly provided to this Website. Authorised users are able to browse the Website without disclosing any personal information. An authorised user of this Website may choose to provide GGI with limited personal data as required in order to register for certain services; once registered the information will only be used for the specified purpose(s). If you provide any data by completing the appropriate spaces on this Website or by sending a message to GGI by any means (particularly e-mail) you confirm that you agree that GGI may save, analyze and/or use the date for any purposes, including, but not limited to sending information and brochures to you. You may revoke your consent to the further use of the transmitted data by GGI at any time by sending an e-mail to GGI.

GGI reserves the right to save information regarding the domain name and/or IP-address of users of the GGI Website or their providers' for administrative, statistical and/or other purposes. The IP address indicates the location of the authorised users' computer on the Internet. GGI does not require registration for access to the Website.

It will normally be clear when personal information is being collected. The information required is the minimum necessary to enable GGI to deal with the services requested, but additional information may be requested in order for GGI to provide the most appropriate response. If such additional information is requested it is highlighted and its provision is voluntary.

We do not solicit sensitive personal data through the Website except where legally required to do so, e.g. for the purposes of retaining information for inclusion in the GGI directories of Partners, their principals and their professional expertise. We would suggest information of this nature is not provided except where such data is for inclusion in GGI directories of Participating Firms, their principals and their professional expertise.

At the present time, the standard technology known as "cookies" is not used on the GGI Website. Cookies are small text files placed on the authorised user's hard drive that allow the Website to store tokens of information in connection with use of the Website by allocation of an identifier to an authorised user while the Website is in use. However, GGI reserves the right to start using cookies at any moment without prior notice. Use of cookies would enable GGI to analyse the operation of the Website, thus permitting continuous improvement of the service that it provides.

Use of information

Information is used only for the specific purpose for which it was provided except where there has been an explicit selection to receive other information from GGI. Personal data provided through the Website will be made available to the provider of the information on request as any individual whose personal data is held on the Website is entitled under the Swiss Privacy Act to the information constituting his or her personal data. Personal information may be deleted from the Website at any time. Requests for copies or deletion of information may be made by e-mailing the Geneva Group International Head Office in Zurich at any time.

Provision of Information to Third Parties

GGI will provide personal information to third parties in the following circumstances:
 
  • where the transfer is necessary to fulfil the requirements of the operation for which the information was provided, and the third party is a Partner;
  • in order to fulfil a request which involves other Partners;
  • so as to assist GGI's professional advisors regarding matters referred to them concerning the operation of the Website:
  • where requested explicitly by an authorised user of the Website;
  • or as required by a court order or any other legal or regulatory requirement.
GGI does not collect or compile personal data or information obtained by the Website for dissemination or sale to outside parties not Partners for the purposes of marketing or mailing by or on behalf of third parties. GGI does not undertake marketing activities for third parties.

Accuracy of information

GGI assumes responsibility for keeping an accurate record of personal data once it has been submitted, but not for confirming the ongoing accuracy of the personal information. If GGI is advised that the personal data is no longer accurate, it will be amended (where practical).

Retention of information

Information collected from authorised users of the Website will be kept in order to provide the required services as well as for statistical purposes. Once the service has been completed all information will be destroyed in accordance with GGI's data retention policies. Where the information has been collected in connection with an expression of interest in working for GGI or a Partner it is agreed that GGI may use, hold and destroy personal data supplied in connection with the initial expression of interest in accordance with GGI's standard recruitment procedures:
 
  • details may be retained for up to the next twelve months for the purpose of notification of suitable vacancies that might arise;
  • details may be used for the purpose of research and analysis designed to improve recruitment and human resources policies and practices.
Where the authorised user of the Website has provided additional information, personal details will be retained for a period of time reasonable in the context of the nature of the request.

If these conditions are not acceptable the site should not be further used.

Security of information

GGI has implemented accepted standards of technical measures and security policies that are aimed at protecting the personal data it has under its control from:
 
  • unauthorised access;
  • improper use or disclosure;
  • unauthorised modification;
  • unlawful destruction or accidental loss.
All GGI personnel are required to keep personal information confidential and only authorised persons have access to such information.

Please note that the Website contains links to other sites (including sites maintained by Partners) which are not governed by this privacy statement.

Additional general conditions governing the Legal Disclaimer and the Privacy Statement

The rejection of any liability and/or responsibility regarding the Website and its content and other terms and/or conditions contained in this legal information are also applicable to all companies associated or affiliated with GGI, particularly GGI member firms (Partners).

GGI reserves the right to change all and/or any of the regulations mentioned above at any time without any prior announcement. Unless explicitly indicated otherwise, the new regulations shall immediately apply to all information, indications etc. featured on the GGI Website. By continuing to use the GGI Website, you accept all changes of such regulations.

The invalidity or unenforceability in any jurisdiction of any of these terms shall not affect the validity or enforceability of any other of these terms. If any term is held to be invalid or unenforceable it shall be deemed to be amended to the minimum extent required to render such term valid or enforceable, such amendment to be determined by GGI.

The Legal Disclaimer and the Privacy Statement indicated above shall be governed by and are construed in accordance with Swiss substantive laws (excluding the rules of the conflict of laws) and the courts of Zurich, Switzerland shall have exclusive jurisdiction in any possible dispute.


Copyright pictures
 
The copyright of the photos is published here or under the articles.

Geneva Group International; Rieder Media - Uwe Rieder
Fotolia.com: Kurhan; lagom; Abou Jaoude, Siegmar; Jürgen Effner; magcom; Maksim Šmeljov; Gilles Paire; david hughes; clayllama; robynmac; Dan Marsh; daphot75; Suzanne E.; Pierre-Yves Babelon; QQ7; Fotokon; reinobjektiv; cienpies; Alterfalter; Mark Yuill; Flying-Tiger; Katja Wickert; sk19; fazon; Andy Dean; Immo Schiller; Pavla Vanicka; jamesdavidphoto; sysiphus; Kirill_M; Herbert Esser; djama; Rafael Ben-Ari; ollirg; bruder jakob; soleg; Kobby Dagan; Chris Boswell; Hagit Berkovich; Ruzanna Arutyunyan; lilufoto; zybilo; Esther Wagner; pixelfux; Jim Parkin; Zacarias da Mata; Martina Berg; Konstantin Yuganov; Gail Johnson; maudanros; auremar; swisshippo; tobago77; rudi1976; tagstiles.com; detlef menzel; Luftbildfotograf; FotolEdhar; Temistocle Lucarelli; ErnstPieber; synto; ZINQ Stock; Tupungato; Barbara Helgason; Aleksey Khripunkov; Lucian Milasan; Gabriela; JonaSanpo Tokyo; Leonid Tit; Sven Hoppe; sborisov; denys_kuvaiev; G.J. Prozee; Andrey Burmakin; Digitalpress; gemenacom; arsdigital; deusexlupus; travelwitness; Alison Cornford; gena96; anyaivanova; spiritofamerica; G. Mönks Photografie; Moreno Novello; Picture-Factory; Galyna Andrushko; endostock; Thomas Röske; carlos; Mezzalira Davide; griangraf; laur7410; simon gurney; sborisov; ChantalS; th-photo;kbuntu; maudanros; apops; JR Photography; Josemaria Toscano; luanka; Tyler Olson; Jörg Hackemann; drubig-photo; AlfaSirius; arenaphotouk; vvoe; rolffimages; Ross Kummer; dabldy; silver-john; Wimbledon; nitroshoprod; Moreno Soppelsa; piccaya; Hawkeye; Horváth Botond; motodan; fazon; Minerva Studio; Digishooter; Mapics; TMAX; Fanchy; JFL Photography; kichigin19; Nmedia;  fotofuerst; Henri FRONTIER; Marcin Kubiak; pitrs; goldencow_images; habrda; nattanan726; dmitrydesigner; PackShot; swisshippo; michaeljung; Friedberg; Rawpixel; bluedesign; Ralf Gosch; Forgiss; Frankix; Jörg Hackemann; Gilles Paire; JaimeP; peresanz; lumen-digital; Stefano Garau; AlexF76; industrieblick; sborisov; chris2766; mitifoto; kamonrat; Rainer Plendl; peresanz; Vojtech Vlk; scabrn; Luftbildfotograf; Andrew Kazmierski; bruno135_406; pressmaster; vandertens; Tom-Hanisch; Alexey Stiop; Patrik Stedrak; Jiri Foltyn; kosmos111; Tomfry; S.Alias; beerkoff; Peter Marble; forcdan; Henryk Sadura; TTstudio; samott; Nordreisender; QQ7; imagineilona; 072618; aroberlin; lunamarina; whitelook; Pavel Parmenov; Jeff; jcfotografo; Jiri Foltyn; JS; Robert Wilson; SNEHIT; Sergii Figurnyi; mandritoiu; tilialucida; rabbit75_fot; IRStone; stockphoto mania; saiko3p; zoltangabor;  E. Adler; lovegtr35; kiravolkov; davidevison; Kruwt; alexandro900; Rafael Ben-Ari; Frédéric Prochasson; Halfpoint; fotoherkules; eddygaleotti; mandritoiu; Mik Man; ALCE;  LUNYANSKIY; Sondem; heyengel; forcdan; IRStone; gianliguori; Henryk Sadura; .shock; SNEHIT; alex9500; mpodrucki; KarenDMartin; mimadeo; SNEHIT; IRStone; lena_serditova ;  Friedberg; pixelABC; peshkov; Klaus Heidemann; photofang; frakala; Beboy; vacant; Noppasin; : Leonid Andronov; surangaw; dennisvdwater; Chris Lofty; Robert Kneschke; Gajus; chrisdorney; samografy; DOC RABE Media; vichie81; everythingpossible; Rafael Ben-Ari; Eisenhans; bakerjarvis; stokkete; hankimage9;