Law

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).

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Law

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.

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Law

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.

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Law

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.

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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.

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Law

Relevant aspects of the new Law against Money Laundering

By Sergio Guerrero Rosas, Guerrero y Santana, S.C.

In October 2012, President Felipe Calderón of Mexico announced the Federal Law for the Prevention and Identification of Operations with Resources of Unlawful Origin, better known as the Law Against Money Laundering, in the Official Publication of the Federation. Despite the early decision in the President's administration to confront the criminality which had become the major threat to the peace and integrity of the state – and to do so with all its available resources, in its first years, the government's strategy to bring down and arrest dozens of drug trafficking capos failed to place the same level of importance on the finances of the cartels.

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Law

U.S. SEC Charges Indian Firms with Acting as Unregistered Broker-Dealers

By David Smyth and Christopher Poe, Brooks Pierce

On November 27, 2012, the U.S. Securities and Exchange Commission charged four Indian financial services firms with acting as unregistered broker-dealers in the United States. The firms were accused of providing brokerage services to institutional investors in the United States without registering with the SEC as required by Section 15(a) of the Securities Exchange Act of 1934 ("Exchange Act"). The SEC censured the firms, who paid a combined total of $1.8 million to settle the SEC's charges. These actions are part of a recent spate of activity for the SEC, which treats Section 15(a) seriously and enforces it to ensure that securities brokers satisfy professional standards, have adequate capital, treat their customers fairly and provide accurate disclosures to investors.

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