The rapid downturn in the economy means company directors are faced with new challenges, possibly on a greater scale and more complex than ever before.
Tips for directors facing business difficulties
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Collective redundancies - when does the obligation to consult arise? Award of almost €3 million in Fujitsu case (LK Shields Solicitors)
The decision of the Finnish Supreme Court in the Fujitsu case delivered on 9 March 2010, pursuant to which Fujitsu was ordered to pay almost €3 million to dismissed employees, has relevance for Irish employers, particularly those within an international group.
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Danone’s tertiary brand strategy regained (Matheson Ormsby Prentice)
Compagnie Gervais Danone ( "Danone") owned an Irish trade mark registration for ESSENSIS which was registered amongst other things for yoghurt in class 29.
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Third Anti Money Laundering Directive - the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (A&L Goodbody)
The provisions of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (the Act), were commenced on 15 July 2010.
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User fees for generic drugs - what are the issues? (Sheppard Mullin Richter & Hampton LLP)
On August 9, 2010, the Food and Drug Administration ("FDA") published a notice announcing a public meeting to be held September 17, 2010, "to gather stakeholder input on the development of a generic drug user fee program."
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FR publishes its first Solvency II newsletter (A&L Goodbody)
On 20 August 2010, the FR published its first Solvency II newsletter.
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Economic interest required (Wragge & Co)
A party cannot appeal a decision made in bankruptcy proceedings by reason only of a personal interest in the outcome.
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Scottish courts consider when rent will be an administration expense (Shepherd & Wedderburn LLP)
Earlier this year the English High Court considered the issue of rent and administration expenses.
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How effective is your Retention of Title clause? (Wragge & Co)
The case of Bulbinder Singh Sandhu (trading as Isher Fashions UK) v Jet Star Retail Limited (trading as Mark One) (in administration) highlights that care needs to be taken to ensure that Retention of Title (RoT) clauses are effective.
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Sally Creek: a cautionary tale for trustees in bankruptcy (Miller Thomson LLP)
The recent Ontario Court of Appeal decision in Murphy v Sally Creek Environs Corporation, 2010 ONCA 312 ("Sally Creek") is a cautionary tale for Trustees in bankruptcy ("Trustees") and the counsel who represent them.
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What is a “springing lien”? (Patton Boggs LLP)
A “springing lien” refers to lien granted in the future by a debtor (borrower or lessee) in favor of its creditors.
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Western District of New York upholds non-compete and grants TRO (Seyfarth Shaw LLP)
Plaintiff IDG USA, LLC (“IDG”), a Georgia company with its principal place of business in North Carolina, commenced an action against a former employee, Kevin J. Schupp (“Schupp”), a New York resident, alleging breaches of a Non-Compete Agreement, breach of a Confidentiality Agreement, unfair competition, and theft of trade secrets.
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The Court of Appeal provides guidance on the rules on equitable set-off; Geldof Metaalconstructie NV v Simon Carves Ltd (2010) (Mills & Reeve LLP)
Set-off effectively allows one person to deduct from sums he owes to another, amounts that the other person owes to him.
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Phone cards found to be misleading and deceptive (Blake Dawson)
The Federal Court has held that phone card sellers, Prepaid Services Pty Ltd (Prepaid Services) and Boost Tel Pty Ltd (Boost), were in contravention of the Trade Practices Act 1974 (Cth).
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When the hedge fails (Day Pitney LLP)
Hedge-fund managers can become fiduciaries of their investors, opening them up to prosecution under the antifraud provisions of the federal Investment Advisers Act, 15 U.S.C. § 80b-6.
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SEC adopts controversial proxy access rules (McDermott Will & Emery)
After the enactment of the Dodd-Frank financial reform bill confirmed its authority to do so, the SEC moved quickly and has adopted proxy access rules—though the debate on this issue is far from over.
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Access to information on litter (Mason Hayes+Curran)
The European Communities (Access to Information on the Environment) Regulations 2007 came into operation on May 1, 2007.
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Key points for secured creditors to consider in an examinership (Mason Hayes+Curran)
Assess the petition documents.
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To outsource or not to outsource – does outsourcing trigger TUPE? (Mason Hayes+Curran)
In Ireland, the transfer of undertakings is governed by the European Communities (Protection of Employees' Rights on Transfer of Undertakings) Regulations 2003 ("TUPE" or "the Regulations").
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A planning difficulty (Mason Hayes+Curran)
Where a developer fails to comply with an order under Section 160 of the Planning and Development Act 2000 he may be committed for contempt.
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No planning, no party (Mason Hayes+Curran)
A planning authority considering an application for retention permission is entitled to have regard to its past decisions on the development.
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