Barcelona, Spain

Liability of Company Directors in Spain

By Cristina de Canals, Grup Vilar Riba

One of the main reasons for foreign companies deciding to set up a Spanish subsidiary is because it allows for clear separation of the assets of the mother company from those of the subsidiary. However, most of the directors of Spanish subsidiaries are not aware of what is involved in their position and the legal consequences of misconduct, which can be very serious for them and for their assets.

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Electronic Signatures and Enforceable Contracts

By Jessica E. Murphy, Mirick, O’Connell, DeMallie & Lougee, LLP

In the current economy, it is commonplace to execute and exchange contracts entirely electronically. Businesses that want to operate in this electronic universe need to understand how to create enforceable electronic contracts.

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Disputes between Entrepreneurs Faster, Simpler but... More Expensive

By Marzanna Sobaniec, Penteris

The most significant amendment to the Polish Code of Civil Procedure in 30 years entered into force 7 November 2019. As of 7 November 2019, entrepreneurs in Poland can expect faster case processing and a simplified procedure. Court disputes between entrepreneurs will be heard according to so-called separate commercial proceedings as well as an expanded catalogue of commercial cases.

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Verona, Italy

The Effects of the Opening of an Insolvency Proceeding

By Matteo Zanotelli, SLT Strategy Legal Tax

It is well known that the insolvency declaration of one party affects deeply the course of a civil/commercial proceeding. Each state provides specific rules on the matter, but, as far as the European Union is concerned, EU Regulation n. 848/2015 on cross-border insolvency governs the effects of the opening of an insolvency proceeding across the EU member states.

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Munich, Germany

Enforcement of Preliminary Injunctions in Another EU Member State

By Dr Christian Dittert, LUTZ | ABEL Rechtsanwalts PartG mbB

In urgent matters, civil procedural law allows for preliminary injunctions. It is a peculiarity of German law that a preliminary injunction must be formally served on the opposing party. Such formal service of documents at the instigation of a party can be mainly affected either by instruction of a courtappointed enforcement offcer to serve the documents or by formal service from one attorney on another attorney (the latter only if both parties are represented by attorneys). It is important that, according to Sec. 929 Para. 2 ZPO, such formal service must be duly performed within a month after the preliminary court decision has been issued. Without service in time, the opposing party is entitled to bring a motion to set aside the preliminary injunction.

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Tirana, Albania

Right to a Fair Trial

By Oltion Kaçani, Gjika & Associates Attorneys at Law

Recent developments and ongoing changes in civil and commercial relations should necessarily be reflected in legislation, in particular in the procedural legislation. Judicial procedures for adjudicating cases of every nature are important, as they must guarantee to all citizens effective access, fair trial and, within a reasonable time, independent and impartial tribunal and other guarantees stipulated by Article 6 of the European Convention on Human Rights.

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New York

US Anti-Corruption Laws and Their International Reach

By Yasmine Misuraca, Prager Metis International LLC

As long as greed exists, so will corruption. To combat corruption, the US enacted the Foreign Corrupt Practices Act (FCPA). Its provisions prohibit offering, authorising, or making payments of money or anything of value to influence the decision making of foreign government offcials to obtain or retain business.

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Christmas in Madrid, Spain

Making or Accepting Presents in the Context of Business Relationships

By Jordi Pallarès, Grup Vilar Riba

Making or accepting presents in the context of commercial relationships has traditionally been a culturally accepted practice in Spain. Inviting potential clients to dine out, or inviting them to watch a football match, or sending them a bottle of wine at Christmas, are practices in which companies have invested part of their budgets.

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