Limited Liability Partnership as an international trading vehicle?

By Sonal Shah, Lawrence Grant

The need to consider effective structures to meet business requirements in an ever changing economic environment means we are constantly faced with creating opportunities for international traders wishing to use a UK entity in a potentially UK tax free environment. As such, we note an ever increasing use of a UK Limited Liability Partnership, or LLP.

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Memery Bank - Collective Consultation

By Merrill April, Sarah Martin & Lara Shillito; Memery Crystal LLP

The European Court of Justice (ECJ) has ruled in favour of the UK Government in the landmark USDAW and another v WW Realisation 1 Ltd (in liquidation) and others (C-80/14) (the Woolworths case), ruling that the obligation to collectively consult is triggered where an employer proposes 20 or more redundancy dismissals within 90 days ‘at one establishment’, not across the entire business.  It further held that an ‘establishment’ is the entity to which the workers made redundant are assigned to carry out their duties (for example, an office, construction site, shop).  On 13 May the ECJ reaffirmed this decision in Lyttle and others v Bluebird UK Bidco 2 Limited (the Bluebird case) and held that a single retail store is capable of being an ‘establishment’.

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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.

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Overview on Commissions' Matters in Brazil

By Maurício Pepe De Lion and Amanda Cretella dos Santos, Santos Neto Advogados

Commissions are legal in Brazil as an exclusive or nonexclusive form of financial retribution (compensation) to certain kinds of professionals, such as salespeople covering a specific territory, in the context of an employment agreement entered into between the parties. According to current labor legislation, such employees might be hired as: (i) pure commission agents, category in which a fixed monthly fee will not be due, but only commission over sales performed by them1; or (ii) mixed commission agents, category in which workers will be entitled to receive a fixed monthly fee plus commission over sales.

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Modern Slavery Act 2015

By Merrill April, Sarah Martin and Lara Shillito, Memery Crystal

“As I often say, we have come a long way from the days of slavery, but in 2014, discrimination and inequality still saturate our society in modern ways.”
Reverend Al Sharpton.

Modern slavery encompasses slavery, forced and compulsory labour and human trafficking. The Modern Slavery Act 2015 was passed in March 2015 (the “Act”) with the aim of providing law enforcement agencies with further means to tackle modern slavery.  

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Principles of Trade Secret Protection in California

By Robert Bleicher, Carr McClellan PC

Trade secrets, as businesses and their advisors know, are often a company’s most valuable intellectual property assets.  Protecting those assets, and avoiding claims that a company improperly used a competitor’s trade secrets when hiring a new employee or participating in a collaborative business venture, should be very high on the checklist of best management practices.  

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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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Would you enter into a contract without counsel?

By Tracie L. Clabaugh, Offit Kurman

In this ever-changing economy, many companies try to cut costs by: (i) using verbal agreements, (ii) reusing contracts, or (iii) using "form" contracts found on the internet. Entering into a contract is a significant commitment and investment for all parties involved and you and your company need to be adequately protected. Individuals and companies should make it a point to carefully consider all of the issues involved in a transaction prior to entering into a contract.

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