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9,649 results found

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Lane Neave | New Zealand | 2 May 2022

To resign, or not to resign?

Picture this. You are trying to conduct a performance management meeting with your employee. They are terrible at their job, notoriously difficult to…
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Efrat Deutsch & Co | Israel | 23 Feb 2022

Non-compete clauses in employment relations

The legality and enforceability of non-compete clauses in employment relations in Israel is not regulated by any specific statute or regulation. Despite this, courts are likely to enforce restrictions relating to the non-solicitation of customers and employees. This stems from the fact that such solicitation is often viewed by courts as a breach of an employee's duty of trust.
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Corrs Chambers Westgarth | Australia | 21 Oct 2021

Termination for convenience: when and is it free?

Termination for convenience clauses have drawn recent media attention given the Commonwealth’s recent decision to terminate the Future Submarine…
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Wanhuida Intellectual Property | China | 11 Oct 2021

IP Court penalises obstruction of litigation in patent infringement suit

In a recent case, even though the defendant successfully convinced the appellate court that the technical features of the alleged infringing equipment did not fall under the scope of protection of the plaintiff's patent, which led to the repeal of the first-instance judgment, it was still penalised for obstructing the litigation during the proceedings. It seems that the IP Court used this......
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Arnecke Sibeth Dabelstein | Germany | 29 Sep 2021

Secondary burden of proof – extended duty of disclosure under German law

In German transport law, the limitation of liability for goods in custody does not apply if the carrier is guilty of a qualified fault. In principle, the claimant has the full burden of proof. However, the established case law of the Federal Court of Justice assigns an extended duty of disclosure to the carrier whereby the carrier must provide, in good faith, detailed information on the......
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Davis Wright Tremaine LLP | USA | 9 Sep 2021

CBCA Addresses Claim for Breach of the Implied Covenant of Good Faith and Fair Dealing

In Michael Johnson Logging v. Department of Agriculture (July 20, 2021), the Civilian Board of Contract Appeals (CBCA or the Board) discussed the…
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Boyes Turner LLP | United Kingdom | 19 Aug 2021

Directors’ Duties

As a director of a company in any sector there are many Commercial Matters to think about. Whilst focussing on developing your business it is easy…
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Kingsley Napley | United Kingdom | 12 Aug 2021

Can you devise an effective ouster clause to exclude a category of decision making from judicial review?

The rule of law demands that the courts retain a supervisory jurisdiction over the exercise of public power in the form of judicial review. This is…
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Cordato Partners | Australia | 26 Jul 2021

Is subject to board approval effective as a weasel clause?

In Heads of Agreement to purchase a business, purchasers like to insert a subject to board approval clause, to give them the flexibility to walk away…
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Ploum | United Kingdom | 23 Jul 2021

Transport under excise duty suspension arrangement: major risks for carrier in good faith

Transport under Excise duty suspension can entail major risks for a carrier in good faith who transports Excise goods to another Member State on…
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