Clear all

Refine your search

Tags
Firm name
Author
Jurisdiction

252 results found

Commentary
Ask Lexy

RPC | United Kingdom | 23 Apr 2019

Duty of care can exist between parent company and third parties affected by subsidiaries' actions

A recent Supreme Court decision concerned a mass tort claim and the potential liability of an English parent company for the actions of its foreign subsidiaries. The court found that a duty of care can exist between a parent company and third parties affected by the actions of its subsidiaries, but was reluctant to place limits on the types of case where a parent company might incur a duty of......
Commentary
Ask Lexy

George Z Georgiou & Associates LLC | Cyprus | 4 Apr 2019

District court rejects public policy argument against recognition of arbitral award

A recent Limassol District Court decision serves as a useful reminder that the courts will rarely resort to public policy grounds for refusing the recognition of arbitral awards unless presented with cogent evidence. In addition, the courts are prepared to demonstrate the necessary flexibility dictated by modern commercial practices in examining the imperative requirements of Article IV of......
Commentary
Ask Lexy

CMS Albiñana & Suárez de Lezo | European Union, Spain | 27 Mar 2019

Does time spent travelling to clients constitute working time?

A trade union recently filed a claim with the Castile and Leon High Court on behalf of 6,000 in-home carers, asking the court to declare that the time which the carers spent travelling between their home and their first and last clients of the day must be deemed working time in accordance with the applicable collective bargaining agreement. This is a controversial matter on which the Spanish......
Commentary
Ask Lexy

Schoenherr | Austria | 26 Mar 2019

New unified cancellation right for insurance contracts brings legal certainty

Until 2018, Austria had up to five different cancellation rights for insurance policyholders, plus the cancellation right pursuant to Section 8 of the Distance Financial Services Act. Thus, the legal situation was confusing. However, this has finally changed. Since 1 January 2019, a new Section 5c of the Insurance Contract Act provides for one unified cancellation right.
Commentary
Ask Lexy

Danubia Patent and Law Office LLC | Hungary | 25 Mar 2019

Who owns a mark used by multiple business parties?

In a recent dispute between the inventor and marketer of a food supplement gel, the Hungarian Intellectual Property Office, the Metropolitan Tribunal and the Metropolitan Court of Appeal had to determine the true owner of the associated word and device marks. Using EU case law as a guide, they considered the market situation, including the knowledge of consumers, and applied the principle of......
Commentary
Ask Lexy

Schoenherr | Austria, European Union | 15 Mar 2019

Influencer marketing – Advertising Council adopts specific rules

'Influencer marketing' means taking advantage of bloggers and other persons who have their own social media channels to promote goods and services. While the concept of transmitting arguably hidden advertising is problematic, there are many variations of this and the lines between hidden advertising and personal opinion are often blurred. As such, the Advertising Council recently issued......
Commentary
Ask Lexy

Norburg & Scherp | European Union, Sweden | 14 Mar 2019

Arbitral award challenge based on Achmea unsuccessful

The Svea Court of Appeal has largely upheld two arbitral awards which Poland had challenged on the ground that the arbitration provision in the investment treaty between Poland, Luxembourg and Belgium was incompatible with EU law according to Achmea. However, the court granted leave to appeal to the Swedish Supreme Court, as it deemed the case to include issues of importance for the guidance......
Commentary
Ask Lexy

Lewis Silkin | European Union, United Kingdom | 13 Mar 2019

Court of Appeal upholds EAT decision on Asda equal pay claims

The Court of Appeal recently upheld an Employment Appeal Tribunal decision that Asda's lower-paid, predominately female retail staff can compare themselves to higher-paid, mainly male, distribution depot staff. While the facts are specific to Asda, any employer with different groups of predominantly male or female workers should review its pay practices, regardless of whether these groups......
Commentary
Ask Lexy

Westerberg & Partners Advokatbyrå Ab | European Union, Sweden | 11 Mar 2019

Preliminary injunction denied in Swedish darunavir SPC proceedings

The Patent and Market Court of Appeal recently handed down a preliminary injunction ruling in Sandoz v GD Searle LLC relating to the supplementary protection certificate (SPC) for darunavir. The ruling clarifies that SPCs enjoy a validity presumption for the purpose of a preliminary injunction ruling in the same way that patents do. However, in the instant proceedings, the court found that......
Commentary
Ask Lexy

GRAF ISOLA Rechtsanwälte GmbH | Austria, European Union | 27 Feb 2019

ECJ rules on Austria's Good Friday dilemma

The European Court of Justice advocate general recently confirmed that the Austrian regulation which sets out that Good Friday is a paid public holiday only for members of four specific churches is discriminatory. Further, the advocate general concluded that each affected employee could claim holiday pay for past periods, unless such claims were already time barred, in which case claims could......
Previous page 1 2 3 ...