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Ichino Brugnatelli e Associati Studio Legale | Italy | 16 Apr 2019

Time barred: court rejects contract claim based on limitation period

A client company recently sued a leading Italian bank, arguing that the interest rate swap contracts concluded between the parties should be declared null and void because, among other things, no master agreement had been executed and the contracts had allegedly been concluded in violation of the bank's general duties of correctness and delay. However, the bank rejected the claims based on......
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Lapointe Rosenstein Marchand Melançon LLP | Canada | 26 Mar 2019

Limits of good faith and relational nature of franchise agreements in Quebec

The Supreme Court of Canada recently reiterated the fact that franchise agreements are relational contracts and are therefore subject to a heightened duty of good faith pursuant to Quebec civil law. This decision is in line with a series of recent Quebec civil law decisions that have broadly interpreted, and arguably extended, the duty of good faith owed by a franchisor to its franchisees.
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Kayum & Demir | Turkey | 20 Mar 2019

Squeeze-out mergers in Turkey – an overview

Squeeze-outs in Turkey are regulated under the Commercial Code where they concern private companies and the Capital Markets Law where they concern publicly held companies. This article examines the different processes for carrying out squeeze-outs at private and publicly held companies, as well as the squeeze-out rights available to controlling shareholders and the squeeze-out merger process.
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Gün + Partners | Turkey | 6 Mar 2019

Supreme Court rules inappropriately worded emails are valid reason for termination

The Supreme Court recently found that the failure of employees to use appropriate language in their written workplace correspondence with superiors or colleagues constitutes a valid reason for termination. The court held that although the actions of the employee in question had not been serious enough to constitute just cause for termination and deprive him of his termination benefits, the......
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Grau & Angulo | Spain | 28 Jan 2019

Courts adopt specific protocol to protect IP rights during MWC 2019

The next Mobile World Congress (MWC) will be held in Barcelona in February 2019. Foreseeing potential conflicts between the participating companies, the panel of judges of the Barcelona commercial courts has agreed – for the fifth consecutive year – to adopt a specific protocol to protect technology patents, industrial designs, trademarks and copyright and defend against unfair competition......
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Zacco | Norway | 24 Dec 2018

David versus Goliath: local soft drink maker takes on Coca-Cola in trademark case

In anticipation of the court's decision in the recent trademark infringement case between The Coca-Cola Company and O Mathisen AS, this article looks at the development of the case, which has all of the ingredients to be a memorable trademark conflict. For example, it is a classic example of a David versus Goliath scenario – with a small local company fighting a large multinational. Further,......
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RPC | Hong Kong | 11 Dec 2018

Qualifying shareholders' access to company records

The recent decision of the High Court in Ninotre Investment Ltd v L & A International Holdings Ltd is a further example of the court's statutory power to grant a qualifying shareholder access to and inspection of company records. Section 740 of the Companies Ordinance (Cap 622) has become an established mechanism for aggrieved shareholders, with legitimate complaints in their capacity as......
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CMS Albiñana & Suárez de Lezo | Spain | 21 Nov 2018

Court rules that employee's disciplinary dismissal for taking paid annual leave justified

The Navarre High Court recently held that an employer had been justified in dismissing an employee for taking her paid annual leave on dates that were unauthorised by the employer. Following this judgment, employees who ignore their employer's instructions regarding the period during which paid annual leave can be taken run the significant risk of being dismissed on disciplinary grounds for......
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Aramis Law Firm | France | 13 Nov 2018

Take care in online presentation of franchised outlets

As part of the promotion of their networks, franchisors often edit websites displaying contact details and other relevant information regarding the franchise network's outlets, whether they are owned by them or operated by franchisees. In a recent decision, the Versailles Court of Appeal held that a franchisor had treated a franchisee's stores on its website unfairly compared with its own stores.
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Gorodissky & Partners | Russia | 2 Nov 2018

FTS publishes information on taxpayer obligations and financial reporting

The Federal Tax Service recently began publishing information concerning the various obligations of Russian taxpayers (ie, legal entities) and their financial reporting on its website. This practice is new in Russia, as such information was previously classified as tax secrets and, by virtue of the Tax Code, could not be disclosed. This development is useful not only for Russian taxpayers,......
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