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Shoosmiths LLP | April 2009

Virtually every business has some sort of website or presence on the internet, and it is often an integral part of the business. At the same time, many organisations use bespoke or customised software internally on a day-to-day basis, and undoubtedly attribute significant value to these assets, not least because the development of them probably required a significant investment via a third party developer providing the software ...

SMS Buenos Aires | April 2009

  Technical Resolution 26 – FACPCE Dated March 20, 2009 the FACPCE (Argentine Federation of Economic Sciences Professional Boards) approved Technical Resolution No. 26 “Adoption of the International Financial Reporting Standards of the Board” effective as from the years commenced after January 1st, 2011, not admitting an earlier application ...

ALTIUS/Tiberghien | April 2009

IntroductionThe Act of 31 January 2009 on the Continuity of Enterprises entered into force on 1 April 2009 (the “Act”). The disappointing results of the Act of 17 July 1997 on Judicial Composition Proceedings (‘gerechtelijk akkoord’ / ‘concordat judiciaire’) led the Belgian legislature to reform the framework of measures available to undertakings encountering (financial) difficulties (of the type where Chapter 11 is used in the USA) ...

Shoosmiths LLP | April 2009

Selecting the right property for your business is vital for success, and likely to be your biggest expense after staffing costs. So in the current market, flexible office space may be a wise alternative to a traditional leasing commitment.Three principal models are available: serviced offices, ‘drop-in offices', and virtual offices ...

ALTIUS/Tiberghien | April 2009

In two recently published decisions, the College of Prosecutors (‘Auditorat’) ruled on requests for interim measures from Belgian Posters and Clear Channel against the granting by the Brussels-Capital Region of a public tender contract to JC Decaux (‘JCD’). Belgian Posters and Clear Channel claimed that JCD had a dominant position (or even a monopoly) in the market for theprovision of so-called ‘urban advertisement furniture' (e.g ...

Haynes and Boone, LLP | April 2009

Whether you are interested in purchasing assets or a going concern, bankruptcy court can be a land of opportunity.  Assets may be sold by a trustee, or someone the trustee retains, in a Chapter 7 liquidation, or by a Debtor-in-Possession (a “DIP”) in a Chapter 11 reorganization case.  In either case, you should expect a competitive bidding process ...

Shoosmiths LLP | April 2009

Software is part of the day-to-day fabric for most companies. And almost everyone who uses it does so with little or no thought about what happens should it fail, or if it is no longer available. However, the prudent software buyer will consider how to protect against failure of critical or bespoke software, which is where escrow may come in. Be warned, though ...

Shoosmiths LLP | April 2009

The codification of directors' duties under the Companies Act 2006 has brought directors' exposure to liability into sharp focus. This, along with extended rules on corporate governance, recent legislation, and increased shareholder awareness, means directors must evaluate the liability protection that is available to them. A company cannot, of course, indemnify directors against their own wrongdoing ...

Lavery Lawyers | April 2009

Contents Can an employer trim its costs by changing one element of its employees’ remuneration ? Entering the “Zone of Insolvency“ - What to do ? Ecomonic slowdown - Some concrete financing indications and how to react CAN AN EMPLOYER TRIM ITS COSTS BY CHANGING ONE ELEMENT OF ITS EMPLOYEES’ REMUNERATION ? Valérie Korozs vkorozs@lavery ...

PLMJ | March 2009

Basic Legal Aspects Portugal is a member of the European Union since 1986, being integrated in the Euro-Zone since its  implementation. Hence, its national law, notably its business law, is in line with the European applicable common norms, namely those deriving of the freedom of  establishment  of  undertakings.  rights ...

Delphi | March 2009

Antitrust law 1 What are the legal sources that set out the antitrust law applicable to vertical restraints? The national competition legislation applicable in Sweden is the View More

ALTIUS/Tiberghien | March 2009

Carmen Verdonck and Stefanie Vyncke wrote the chapter onBelgian Law in the 2009 edition of 'Getting The Deal Through: VerticalAgreements'. This updated edition examines the regulation of distribution practices in jurisdictions worldwide.Antitrust law1 ...

auto">On January 25, 2009, a new Bolivian constitution was approved by binding referendum. This new text comprises the seventeenth constitution enacted during the country’s 184 years of republican life. The new constitution brings forth a whole new system of government with changes both of form and substance ...

Shoosmiths LLP | March 2009

With the credit crunch likely to affect every aspect of the global economy, the prospect of declining revenue threatens to erode the profitability of many businesses. So the challenge is to preserve cash and cut costs. But how does this affect IT? Cutting back on IT projects is not necessarily an option.  Software is the engine of the modern enterprise. Indeed, for many organisations it is their primary source of competitive advantage ...

ALTIUS/Tiberghien | February 2009

What is spamdexing? The Internet contains a lot of information. In 2002, the total number of web pages was estimated at 2.024 million; by 2005 this estimate had risen to 11.5 billion2. The ever- increasing amount of information found on the Internet also has disadvantages. In this jungle of information, it is getting harder and harder to see the wood for the trees ...

Delphi | February 2009

Many companies’s apply employment terms – either in a general commission plan or in the individual employment contract – which can entail major unforeseen costs in the form of retroactive claims from employees for holiday pay or pension payments. There are certain differences in judgement between companies which are bound by collective bargaining agreements and those companies which are not ...

Delphi | February 2009

On 1 January 2009, new rules on floating charges entered into force. Furthermore, 1 March 2009, new rules will make it possible to issue electronic certificates for floating charges. Associate Lena Nilsson at Delphi’s office in Linköping reports ...

Delphi | February 2009

Important changes in, inter alia, the Rights of Priority Act (Sw. förmånsrättslagen) entered into effect on 1 January 2009. For example, it becomes possible to use personal property of the business as collateral security for loans in businesses. Elisabeth Söderholm, associate at Delphi Lawfirm, Gothenburg, reports on the new rules ...

Delphi | February 2009

A new act on a European order for payment procedure has entered into force. The new rules are based on an EC regulation and apply side by side with the Swedish procedure for order for payments. The difference is that the European order for payment procedure applies in cross-border cases, i.e. when the claimant and the alleged debtor live in different member states ...

Delphi | February 2009

In the current market, it is important that creditors and debtors in difficult financial circumstances exploit the opportunities offered by corporate recovery. Delphi’s corporate recovery group mainly advises lenders and creditors, but also shareholders, boards and management teams ...

Delphi | February 2009

In June 2008 the Protection of Trade Secrets Committee, presented to Beatrice Ask, the Swedish minister of justice, their findings, Enhanced protection for trade secrets, SOU 2008:63. Delphi’s Henrik Bengtsson was an expert on the committee. Since the Act (1990:409) on the Protection of Trade Secrets (TSA) came into force almost twenty years ago, the conditions for enterprise have changed in many ways ...

Delphi | February 2009

It has now been clarified that a consultancy, which is not itself active on a certain market, can be found guilty of participation in an anti-competitive cooperation. This was decided by the Court of First Instance in a judgment from 8 July, 2008, T-99/04, AC-Treuhand AG v the European Commission. The judgment is unique in that it is the first time this principle has been upheld in any of the community courts ...

Delphi | February 2009

On 1 November 2008, a number of major changes were introduced to the Swedish code of judicial procedure, the law that regulates legal proceedings in court. The majority of the changes are aimed at speeding up the proceedings with the aim that the state will save costs for the legal system. The changes are referred to as "A more modern trial" in the committee report ...

ALTIUS/Tiberghien | February 2009

GENERAL 1. How can the government’s attitude and approach to internet issues best be described? The attitude of the Belgian government can be described as positive and their approach is proactive. In 2003, the Belgian authorities announced the introduction of ‘e-government’. The most important initiatives were the introduction of electronic identity cards (e-ID) for all Belgian citizens over 12, and the federal government’s information web-portal ...

ALRUD Law Firm | February 2009

The amendments to Russian Federal Law “On the insolvency (bankruptcy)”, adopted and came into force in January, 2009, affected both general and procedural provisions of the Law. We at ALRUD Law Firm provide full professional service at the highest level for our clients therefore we ought to analyze the impact and the consequences of these substantial changes of the procedure of bankruptcy ...