An encouraging news update comes from Croatia, as some of the recent reports claim that the Croatian IT market reached a value of EUR 950 million in 2015. According to IDC Adriatic – a regional branch of the global market intelligence provider – this shows an increase of 10.8% when compared to the previous year.IDC Adriatic added that a continuation of the IT market's recovery is expected in 2016 as well. More precisely, further strengthening of the market at an average annual rate of 6 ...
The Hamburg data protection authority has imposed fines against the companies Adobe, Punica and Unilever, stating that they have continued to transfer personal data to the USA contrary to the stipulations of the Safe Harbor judgment. 1. The Safe Harbor judgment of the ECJ dated October 6, 2015 (legal matter C-362/14) makes it clear that European companies can no longer simply transfer personal data to the USA as a "non-secure third country" ...
On May 16, 2016, the Québec Court of Appeal adjudicated1 on whether a professional liability insurer can plead the nullity of a policy based on misrepresentations or concealment of facts by the insured. This decision is of interest because it addresses the novel issue of whether a liability insurer can claim the nullity of an insurance contract where it is compulsory for the insured to hold such insurance under the applicable legislation ...
The facts of the Roy v. Lefebvre caseOn June 25, 2014, the Superior Court1 allowed the action of an insured against a life insurance broker and his firm. The context of the subscription of the insurance policy is somewhat unusual and deserves explanations. In 1992, the purchaser of an immovable property undertook to pay part of the purchase price through the subscription of an insurance policy (the ?Policy?) on the life of the seller for the benefit of the estate of the seller ...
Last May 2, the Court of Appeal granted a motion to dismiss an appeal against a significant decision in the area of civil liability in the context of the practice of a sport.1Decision at trial2 The facts in the case date back to October 3, 2010. A few seconds after the start of a hockey game between two junior teams, the plaintiff, Andrew Zaccardo, was violently body checked from behind by the defendant Ludovic Gauvreau-Beaupré, a player on the opposing team ...
In 20141, major retailers Best Buy Canada Ltd., Costco Wholesale Canada Ltd., Gap (Canada) Inc., Old Navy (Canada) Inc., Guess? Canada Corporation, Wal-Mart Canada Corp., Toys ?R? Us Canada Ltd. and Curves International Inc ...
In insurance law, as well as in other areas of contract law, the precise definition and scope of the terminology used in a contract are very important since they have a direct effect on the obligations of the parties and, in the case under review, the scope of the insurance coverage. On February 11, 2016, the Nova Scotia Court of Appeal1 issued two judgments while it analyzed the scope to be given to some expressions inherent to insurance contracts ...
The Fourth Circuit Court of Appeals has affirmed a lower court ruling finding that the placement of confidential patient medical records on the Internet qualifies as “publication” for purposes of an insurer’s duty to defend under a commercial general liability policy ...
On December 23, 2015, the Ontario Court of Appeal1 set aside a decision of the motion judge2 which had granted a motion for summary judgment brought by the insurer to dismiss a claim by its insured.FactsThe insured had entered into an agreement with a contractor to restore the exterior cladding of her home. The restoration process involved the use of water jets. The contractor was first required to seal all areas where water might enter the interior of the home ...
The world is moving at a break neck pace, and a crucial element at the root of these changes are technological developments. As the global business landscape has been irrevocably altered by these developments, it was only a matter of time before each comprising industry would have had to adapt and – to a certain degree – reinvent itself as a consequence ...
There is encouraging news for those with plans of getting involved in a start-up project in Slovenia, as theSlovenian Enterprise Fundhas announced almost EUR 5 million to support innovative start-ups this year ...
The Copy Right Act 1987 provides a framework for the protection of copy right and enforcement through civil redress, as well as outlines the powers granted to state authorities for the enforcement of copy right and prosecution of copy right offences. The Copy Right Amendment Act 2012 (“2012 Amendment Act”) came into operation on 1st March 2012. The following is a summary of some of the amendmentspursuant to the 2012 Amendment Act ...
The members of the National Privacy Commission (NPC) have been named. President Benigno Aquino III has appointed Raymond Liboro as the Commissioner of the National Privacy Commission. Prior to his appointment, Liboro was the officer-in-charge of the Department of Science and Technology's Science and Technology Information Institute. The following are the Deputy Privacy Commissioners: Dondi Mapa and Ivy Patdu ...
A company that obtains information from a number of competitors (for example, to create industry statistics or to provide price comparisons) should be careful not to facilitate the flow of confidential information between those competitors. Two recent cases highlight the potential competition law issues. We will then look at some practical considerations to keep in mind ...
Virtually every merger or acquisition includes representations or requirements regarding insurance. Every corporate counsel knows that warranties regarding the adequacy of insurance coverage must be verified. Every sophisticated director and officer will require ongoing insurance coverage and indemnification after the closing of a merger. Many experienced counsel are savvy enough to watch out for basic insurance traps like anti-assignment provisions ...
On February 1, 2016, the Federal Deposit Insurance Corporation (“FDIC”) published the Winter 2015 issue of Supervisory Insights. Not surprisingly, the first article dealt with the most important issue facing the financial industry today – cybersecurity ...
On 15.12.2015 EU Commission, Council and Parliament agreed on the final terms of the General Data Protection Regulation (GDPR) in their trialogue negotiations. It is generally expected that the draft will be adopted soon, in any event not later than summer 2016. This ends the uncertainty about the content of the new European Data Protection law which will be directly applicable in all Member States two years after the adoption by Commission, Council and Parliament ...
On December 27th, 2015, Anti-Terrorism Law of People's Republic of China has been passed and promulgated on the eighteenth session of the 12th NPC Standing Committee, whose aim is to combat terrorism, safeguard national security and public safety (hereinafter referred to as "Anti-Terrorism Law "). The Anti-Terrorism Law will take effect since January 1st, 2016. Terrorist activities severely jeopardize public security and it is everyone’s hope to eradicate it ...
On February 1, 2016, the Superior Court of Québec rendered a significant decision in the area of civil liability in the context of the practice of a sport1. The judgment was widely reported in the media due, on the one hand, to the importance of the amount granted by the judge (8 million dollars) and, on the other hand, because it is closely related to the practice of the national sport of Canadians ...
Since mid-February, there has been an ongoing debate in the public sphere regarding the high profile case that found the global IT giant Apple and FBI on opposite sides of the legal spectrum. The case's background involves the 2015 San Bernardino shooting incident in USA, and the fact that one of the perpetrators was in possession of an iPhone potentially containing relevant information for the ensuing investigation ...
Since mid-February, there has been an ongoing debate in the public sphere regarding the high profile case that found the global IT giant Apple and FBI on opposite sides of the legal spectrum. The case's background involves the 2015 San Bernardino shooting incident in USA, and the fact that one of the perpetrators was in possession of an iPhone potentially containing relevant information for the ensuing investigation ...
On February 18 last, the Supreme Court of Canada1 denied leave to appeal in the matter of Intact Compagnie d’assurance c. 9221-2133 Québec inc.2, thus confirming the principles applicable to the duty of the insured to collaborate ...
Winter Storm Jonas has finally departed the mid-Atlantic, leaving behind snow depths best measured with a yardstick and, now, mounting reports of significant damage to property and resulting interruptions to businesses near and far from the path of the storm ...
Real estate professionals, owners, managers, investors and lenders, as well as anyone else involved in today’s real estate market, face a variety of risks of loss. Here are ten ways insurance can help mitigate potential liabilities. 1. Additional Insured Coverages. Real estate transactions are complex, with multiple parties with diverse roles and durations of involvement. This means multiple policies of insurance ...
Over the past weekend, a series of tornadoes and severe storms caused significant injuries and property damage across seven states, including Texas. In Garland and Rowlett, northeast of Dallas, wreckage from businesses and homes, trees, power lines, cars and other debris litter the streets for miles ...
