Law

Den Haag

New Dutch employment law to repair the flaws of the Work and Security Act

By Paulien van der Grinten, TeekensKarstens

In 2015, the Work and Security Act entered into effect, drastically changing Dutch employment law. These changes, however, were criticized for – in short – being too complex. Recently, a legislative proposal (the proposal) has been published which should make employment law more unambiguous, simpler and cheaper for employers.

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Law

New Judgment in the Netherlands on Partial Transition Fee

By Jeffrey L. Kenens, TeekensKarstens

On 14 September 2018, the Dutch Supreme Court ruled a groundbreaking judgment with farreaching financial consequences. The Supreme Court considered that a worker who was partially dismissed because of long-term disability is entitled to a partial transition fee.

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Law

Harassment at work: risk assessment and mitigation

By Alessandra Marcondes D’Elia and Pedro Ackel, WFaria Advogados

In the past few years, in Brazil, companies of the most varied sizes and segments have suffered severe financial and reputational losses due to judicial decisions that have granted huge damage compensation arising from moral and sexual harassment.

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Law

Sydney

By that very fact: ‘ipso facto’ clauses on hold from 1 July 2018

By Foez Dewan and Paulina Raad, McCabe Curwood

‘Ipso facto’ clauses enable a party to automatically enforce certain rights against a counterparty upon the occurrence of one or more events specified in a contract. This article discusses the effect of reforms that were introduced into the Corporations Act 2001 (Cth) by the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) (the Act).

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Law

Reaching Across the Pond: How the European Union’s Privacy Regulation Might Apply to Your Business

By David S. Greber, Offit Kurman Attorneys At Law

The European Union’s (the ‘EU’) latest privacy law, known as the General Data Protection Regulation (‘GDPR’), went into effect on 25 May 2018. The GDPR imposes significant and sweeping obligations on businesses that gather ‘Personal Data’ (1) – enough so that American businesses might hope that the Atlantic is wide enough to separate them from the GDPR.

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Law

The Scope of Informed Consent Given by a Patient

By Laura A. Patti, Patti - Avvocati & Rechtsanwälte

This short contribution takes as its starting point an orthopaedic surgery, preceded by the correct information and consequently the informed consent by the patient, where the surgeon decided – in the middle of the procedure – to correct what in his eyes seemed a beauty imperfection, without obtaining the consent of the patient regarding this supplemental procedure.

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Law

Could You be Liable for the Sins of Your Staffing Agency?

By Jonathan R. Sigel, Mirick, O’Connell, DeMallie & Lougee, LLP

Businesses use staffng agencies to supplement their workforce with temporary workers, which saves money when meeting fluctuating production and staffng needs. However, companies can be held liable for the agencies’ violations of law (e.g. wage & hour laws) if the entities are found to be ‘joint employers’ – even when unaware of the violations!

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Law

Cincinnati

Combating Corporate Wrong-Doing

By Nicole Elver, Dressman Benzinger LaVelle psc

The Trump Administration has not yet clearly defined its position on holding individual corporate offcers responsible for the conduct of their organisations. In 2015, Deputy Attorney General Sally Yates issued a Memorandum, known as the ‘Yates Memo,’ addressing the Department of Justice’s policy regarding individual accountability for corporate wrong-doing. In it, she stressed that the most effective way to combat corporate wrong-doing is for prosecutors to hold individuals who perpetrate the wrong-doing accountable.

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