In the past several years, there has been an increase in cases asserting claimsunder the West Virginia Consumer Credit and Protection Act, W. Va. Code§ 46A-1-101, et seq. (“WVCCPA”) relating to illegal debt collection. The success of early suits has lead to an increased number of these lawsuits ...
In vacating a jury’s award of almost $54 million based on a finding of willful trademark and trade dress infringement, an Illinois federal district court granted the defendants’ motion for a new trial, finding the trial “fundamentally unfair due to the admission of unreliable and prejudicial expert testimony.” The Black & Decker Corporation et al v. Positec USA Inc.,No. 1:2011cv05426 (N.D. Ill. Sept. 11, 2017) ...
These days, it seems as if every passing week brings with it a new story in the press about the legal risks of engaging with social media. We have heard much recently about the dangers of defamation on Twitter.Earlier this year, Sally Bercow learned to her cost just how easy it can be to libel someone without explicitly accusing them of anything, after sharing a message about Lord McAlpine with her Twitter followers: "Why is Lord McAlpine trending? *innocent face*" ...
The COVID-19 pandemic is presenting unique challenges and causing operational and financial disruptions for many governmental issuers and other borrowers (obligated persons), who are subject to the continuing disclosure requirements of Rule 15c2-12 of the U.S. Securities and Exchange Commission (SEC). One of these challenges is the determination of whether and what to disclose to bondholders under existing continuing disclosure undertakings or in the context of voluntary disclosure ...
BAG, ruling dated May 13, 2020, 4 AZR 528/19 The employee's remuneration, referred to in an employment contract as "collectively agreed salary" is to be understood as a "dynamic reference clause". If a reference "to the collective agreements applicable for the Company" has been agreed upon in the employment contract, this reference is limited to the binding collective agreements applicable for the employer at the time the contract is concluded ...
It is now more than four months since the seismic shock of the Brexit vote. The honeymoon period of the summer months has passed. The debate has turned to what flavour of Brexit we might be left with and the timing of Article 50 and the level of oversight MPs should have. There remain far more imponderables than facts and this seems set to be case for some time. For those of us who negotiate for a living, this is a reality that is inevitable ...
One of the main rationales for using a cash box structure is that equity securities issued by PLC are issued for a non-cash consideration so that the statutory pre-emption provisions set out in the UK Companies Act 2006 do not apply. The issue can therefore take place without the timing implications of seeking shareholder approval to disapply the pre-emption rights or conducting a pre-emptive issue ...
Introduction A convertible loan is considered a hybrid instrument as it is neither debt nor equity. Whether it is accounted for as debt or equity depends on the terms of the loan. Convertible loans typically carry interest and have a fixed maturity date, but other varieties also exist. Conversion is triggered by the lender, the borrower or automatically upon the occurrence of a trigger event. The conversion price is pre-agreed and can be fixed or subject to a pre-agreed pricing mechanism ...
Automated activism is here now on how compliant businesses are. Are you ready for potential tech-enabled complaints on your site's cookies? In 1993 Tesco ran a trial of a loyalty scheme: the Tesco Clubcard. When the results of the trial of the scheme were presented to the board in 1994, the chair, Lord Ian MacLaurin, said, ‘what scares me about this is you know more about my customers in three months than I know in 30 years’ ...
Resolution 849 of the Department of Cooperatives of the Ministry of Economy, Development and Tourism recently published, allows credit cooperatives under the supervision of the same, to refinance up to three installments in the payment of credits if they are delayed for terms of less than 30 days. since the publication of said resolution, on April 6, 2020. New credits or amendments may not be treated as such, for purposes of their rankings and provisions ...
Under EU Directive 2001/29 on the harmonisation of copyright law, Member States grant authors, performers, producers and broadcasting organisations exclusive rights to authorise or prohibit reproductions of their own works ...
General aspects The Chilean Agency for Economic Development (Corporación de Fomento de la Producción - "CORFO") has announced a series of amendments to its venture capital investment fund financing programs: Early Technological Stages Fund ("FET"), Early Stages Fund ("FT"), and Development and Growth Fund ("FC"). The most significant changes approved by CORFO are listed below, distinguishing between amendments common to all programs and those specific to each one ...
On June 30th, the following Resolutions issued by the Corporation for the Promotion of Production (“CORFO”, for its Spanish acronym), were published in the Official Gazette: Resolution Nº36. By means of this Resolution certain coverage programs were temporarily modified within the State of Constitutional Exception of Catastrophe due to public calamity ...
Many organizations are these days in a phase of reorganizing their operations and establishing alternative solutions to ensure continued business work capacity. Meanwhile numerous hackers and other cyber criminals around the world are mobilizing themselves to take advantage of the extraordinary situation. All business should therefore be aware of a significant increase of cyber risk in relation to the current corona crisis ...
Balancing between your bank taking purely business considerations or being reasonable. We advise being proactive and approaching your bank. The Coronavirus is unfortunately a human tragedy that is affecting thousands of people on all continents. It has also a very serious impact on businesses worldwide and locally ...
While the coronavirus continues to spread, the German Federal Financial Supervisory Authority (“BaFin”) also published a document on the Minimum Requirements for Risk Management (“MaRisk”) for credit and financial services institutions on March 12, 2020, in which it addresses the issue of activities outside business premises and risk management in the trading sector from a regulatory perspective ...
In this challenging period of the Coronavirus outbreak, your organisation might currently be taking strong internal measures to protect its employees while ensuring work continuity. Such measures could have data protection implications and therefore you might be wondering how to take them in accordance with the GDPR. We have answered the most important GDPR questions below ...
How do you protect the privacy of people who have been infected by Covid-19, while still usefully informing those who have been put at risk? At a time of public health emergency, shouldn't GDPR take a back seat? As companies struggle to get new processes in place to cope with the potential ramifications of Covid-19, the aim of this note is to highlight how EU data protection law applies to this unusual set of circumstances ...
EUIPO On 16 March 2020, the Executive Director of the European Union Intellectual Property Office (EUIPO) has issued Decision No EX-20-3 extending all time limits expiring between 9 March 2020 and 30 April 2020, that affect all parties before the Office, to 1 May 2020. In principle, the new deadlines will not be communicated to the parties on a case-by-case basis ...
To combat the economic consequences of the COVID-19 pandemic, the government approved Decree-Law 10-J/2020 of March 26 (the “Decree-Law”). The Decree-Law established a set of economic measures to protect liquidity and treasury, and in this document, we focus on the financing moratorium ...
