Law

Unemployment and nickel-and-dime jobs may slow the recovery

Fotolia 25992432 S a 1For the member states of the Organisation for Economic Cooperation and Development (OECD), the recession years of 2008 and 2009 also constituted a social protection system stress test. This is indicated by an analysis of employment and unemployment presented in September 2011 (OECD Employment Outlook 2011). It appeals to the governments of the G-20 states to solve the structural problems of the employment market.

Uniform data protection law planned for the EU


The uniform data protection law planned by the EU Commission will create savings for businesses of 2.3 billion euro annually whilst ensuring the protection of citizens' data and strengthening consumer rights. In Brussels on January 25th 2012, Viviane Reding, vice-president of the EU Commission and Commissioner for Justice, put forward the Commission's proposal for a specific directive on the protection of personal data and a regulation setting out the general EU framework for data protection.

Update - Hatch-Waxman Settlements: The FTC Regains Traction After Third Circuit Rules That Reverse Payments Violate Antitrust Law

By Sheila F. McShane & Jillian A. Centanni

As a follow-up to a previous article, the FTC has finally gotten an Appeals Court to take its view of reverse payments - Wile E. Coyote won this one. The FTC previously unsuccessfully attempted multiple avenues to invalidate reverse payments as part of Hatch-Waxman settlements - via the District Courts, proposed legislation, state court systems, and even the Supreme Court - but the Third Circuit has finally bitten, setting a clear circuit split.

Updated and simplified medical examination in France

By Michael Skaarup, LMBE Avocats

Labour law in France is currently marked by a positive wave of new reforms aimed at simplifying and generally making both the individual contractual relation and the collective dialogue with staff representatives or trade unions easier.

Voluntary Pledge to Increase the Quota of Women in Executive Positions Lacks Credibility

If the proportion of females holding positions on the supervisory and executive boards of the leading European companies continues to increase at the current tempo, a balances gender ratio could be achieved in 40 years time. In view of this finding, EU Justice Commissioner Viviane now doubts the success of voluntary self-regulation. Following the completion of the public consultation, which began on 3.5.2012, on the subject of the quota of females in management positions on 5.28.2012, it is to be expected that compulsory EU initiatives will be imposed on companies that are listed on the stock exchange.

We can’t squeeze water from a stone, but it’s your perfect right to collect debts!

By Christian Seidl, Tramposch & Partner

Cash flow is the lifeblood of every business and bad debts are still the most frequent reason for company insolvencies. Obtaining new customers is just one part of the process. Ensuring that you get paid on time is just as important. When collection agencies, businesses and individuals want their collection matters handled using the most successful and efficient methods, they contact our professional debt collecting attorneys at the law firm of Tramposch & Partner.

We Produced Privileged Documents; Now What?

By Andrew P. MacArthur, Gibbons

The production of a party's privileged documents is every lawyer's--and client's--worst nightmare because it provides additional facts (and avenues for discovery) as well as legal analysis of those facts that may not have existed. In layman's terms, it is a game changer. A recent decision plays out this very scenario and shows that despite the production of privileged documents, they can be salvaged if the producing party acted properly before and after the disclosure.

Whither or Wither the A/C Privilege?

By Robert E. Rudnick, Ralph A. Dengler and Todd M. Nosher, Gibbons

The attorney-client privilege is one of the most sacrosanct and inviolable, allowing full and frank dialogue between client and counsel. The recent decision in BSP Software LLC v. Motio, Inc., 1-12-cv-02100 (ND Ill. July 9, 2013) DN 141, Order has broad implications for this well-established privilege, and important lessons-learned for when it might be waived.

Why American Economic Sanctions Matter to Non-U.S. Banks

By Stephen R. Larson, Christian & Barton, L.L.P.

The United States relies on its economic sanctions programs to achieve its diplomatic and political goals around the world. This reliance matters to non-U.S. banks because the sanctions are typically designed to be far-reaching, may be aggressively enforced, and increasingly look to the financial sector as a highly-effective and efficient way to exert economic pressure.

Why Use an Outsourced Legal Department? (I)

By Jonathan Wachs, Offit Kurman

For organizations around the world, outsourcing various functions and departments has become an ordinary part of doing business. Legal services are no exception. In fact, according to Deloitte’s 2014 Global Outsourcing and Insourcing Survey, nearly two-thirds (65%–67%) of organizations everywhere outsource legal opinions and counsel, and even more respondents (15%–23%) said they planned to do so.

Why Use an Outsourced Legal Department? (II)

By Jonathan Wachs, Offit Kurman

Why should an organization consider using an outsourced legal department? This series takes a look at some of the most compelling reasons to engage a third-party lawyer or team of lawyers to meet your legal needs. Part II.

Why Use an Outsourced Legal Department? (III)

By Jonathan Wachs, Offit Kurman

Why should an organization consider using an outsourced legal department? This series takes a look at some of the most compelling reasons to engage a third-party lawyer or team of lawyers to meet your legal needs. Part III.

Why Use an Outsourced Legal Department? (IV)

By Jonathan Wachs, Offit Kurman

Why should an organization consider using an outsourced legal department? This series takes a look at some of the most compelling reasons to engage a third-party lawyer or team of lawyers to meet your legal needs. Part IV.

Why Use an Outsourced Legal Department? (V)

By Jonathan Wachs, Offit Kurman

Why should an organization consider using an outsourced legal department? This series takes a look at some of the most compelling reasons to engage a third-party lawyer or team of lawyers to meet your legal needs. Part V.

Why Use an Outsourced Legal Department? (VI)

By Jonathan Wachs, Offit Kurman

Why should an organization consider using an outsourced legal department? This series takes a look at some of the most compelling reasons to engage a third-party lawyer or team of lawyers to meet your legal needs. Part VI.

Will the Supreme Court Weigh in on Reverse Payments in ANDA Cases?

By Todd M. Nosher, Gibbons

We previously reported  on developments in various United States Courts of Appeal decisions concerning reverse payments in Hatch-Waxman litigation settlements - that is, payments made by branded pharmaceutical patent holders to generic challengers to postpone market entry of the generic product.

Working Environment 4.0 and German Labour Law

By Prof Dr Renate Dendorfer-Ditges, DITGES Rechtsanwälte Wirtschaftsprüfer Steuerberater

Social Media, Web 2.0, Facebook or Twitter – even during working hours, employees make use of various internet applications. Under German labour law, the employer solely decides on the scope of media usage. If the employer does not permit the usage of social media, or if the employee exceeds the time allocated for private “surfing” (e.g. breaks, before and after working hours), such behaviour is regarded as a violation of obligations.

Working in Luxembourg: a quick guide for expatriates

By Pierre Reuter, THEWES & REUTER – Avocats à la Cour

Almost 50% of Luxembourg residents are non-nationals. Luxembourg has the highest proportion of foreign workers among all employed persons in the EU (50.5%). Expats are therefore very welcome in Luxembourg. However, there are still a certain number of rules to comply with.

Worldwide transactions using funds from illicit sources

By Dr. Jorge Marcos García Landa, Corporativo García Landa SC

What constitutes the offence of transactions using funds from illicit sources (known as money laundering)? The most accepted definition is the one approved by the 1988 United Nations Convention Against Illicit Worldwide Traffic in Narcotic Drugs and Psychotropic Substances (Vienna Convention):

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