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Carrier subject to unlimited liability for theft of products from trailer
WSCO Advokatpartnerselskab
  • Shipping & Transport
  • Denmark
  • 20 March 2019

A recent Maritime and Commercial Court ruling highlights that a carrier may be exposed to unlimited liability for loss resulting from a failure to adhere to a shipper's demands regarding special precautions, even when these demands do not follow from the parties overall cooperation agreement. The case concerned PS4 consoles which were stolen during transportation after the exporter failed to inform the carrier that the consignment was theft sensitive.

Social security system to undergo restructure – but will it achieve cost savings?
Preslmayr Attorneys at Law
  • Healthcare & Life Sciences
  • Austria
  • 20 March 2019

The Austrian social security system has been characterised by regional and occupational fragmentation and the domination of employee representatives. However, a recent amendment to the Social Security Act proposes merging the provincial social security institutions with the company insurers into one Austrian Health Insurer, which will be the only provider of employee health insurance.

Orders of prohibition relating to polymorphic form patent for Pristiq upheld on appeal
Smart & Biggar/Fetherstonhaugh
  • Healthcare & Life Sciences
  • Canada
  • 20 March 2019

In a pair of decisions, the Federal Court granted orders prohibiting Apotex and Teva from marketing their generic o-desmethyl-venlafaxine succinate products. The Federal Court of Appeal recently dismissed both Apotex's and Teva's appeals. Among other things, Apotex and Teva argued that the application judge had misapplied the test for obviousness and that the application judge had erred in considering several aspects of the inventors' course of conduct.

Squeeze-out mergers in Turkey – an overview
Kayum & Demir
  • Corporate Finance/M&A
  • Turkey
  • 20 March 2019

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.

Health Canada announces decision on naming of biologic drugs
Smart & Biggar/Fetherstonhaugh
  • Healthcare & Life Sciences
  • Canada
  • 20 March 2019

Following its stakeholder consultations and analysis of issues relating to the name of biologic drugs, including biosimilars, Health Canada recently announced its Policy Statement on the Naming of Biologic Drugs. To implement the naming convention, Health Canada will, among other things, communicate with stakeholders on the importance of recording both brand and non-proprietary names throughout the medication use process.

Mind your drone business – recent ENAC initiatives
Studio Pierallini
  • Aviation
  • Italy
  • 20 March 2019

The Italian Civil Aviation Authority (ENAC) was one of the first EU aviation authorities to develop national rules to regulate remote-piloted aircraft systems. Pending the EU Basic Regulation's implementation, ENAC has announced the adoption of interim measures and a revision of the existing Italian regulations to align the national legal framework with the implementing acts that the EU Commission will introduce.

Federal Court: release does not prevent unjust dismissal complaint
Fasken
  • Employment & Benefits
  • Canada
  • 20 March 2019

The Federal Court recently clarified that employees may file an unjust dismissal complaint even if they have signed a release and any decisions by adjudicators to the contrary are bad law. This is an important decision for federally regulated employers that terminate without cause and offer a severance package conditional on signing a release as they must, among other things, adjust their settlement practices and releases to address the risk.

Aircraft registry requirements for foreign owners
Arnecke Sibeth Dabelstein
  • Aviation
  • Germany
  • 20 March 2019

If a third-country aircraft owner terminates the lease of a German airline but wants to keep the aircraft registered in Germany, it must enter into a new lease or similar agreement with an entity from an EU member state for at least six months. This article discusses why aircraft lessors and owners should carefully consider the requirements for keeping an aircraft in the German aircraft registry, particularly if its lease has been terminated.

Ontario Superior Court of Justice confirms new tort for public disclosure of private facts
Dentons
  • Litigation
  • Canada
  • 19 March 2019

The Ontario Superior Court of Justice recently released a significant decision that expands occupiers' liability for violence on their premises and affirms a new privacy tort that censures the publication of aspects of an individual's private life without their consent. The decision establishes a novel cause of action for claims arising from the distribution of an individual's private information – in this case, a sexually explicit video of the plaintiff without her knowledge or consent.

Circumstances in which acting in breach of EU sanctions will kill claims
RPC
  • Litigation
  • United Kingdom
  • 19 March 2019

A recent High Court case is an interesting example of the extent to which entities complicit in the breach of EU sanctions are still able to bring legal proceedings relating to matters arising out of those breaches. However, it is difficult to draw any broad principles from this case given its specific factual circumstances. Of particular interest is the judge's analysis that it was considered material that the relevant activity breaching the sanctions at the time was no longer prohibited.

Amendment of Judicial Practice Code
Elias Neocleous & Co LLC
  • Litigation
  • Cyprus
  • 19 March 2019

The Judicial Practice Code was recently amended to provide that no judge, whether sitting alone or as a member of a panel of judges of an adjudicating court, can hear a case in which a party is represented by a lawyer who is a family member of the judge or works in the same firm or office as a family member of the judge. The recent media focus in Cyprus on the alleged impartiality of certain judges was the impetus behind the changes.

Activist CEOs speak out – is there a better way to do it?
Cooley LLP
  • Company & Commercial
  • USA
  • 18 March 2019

There has recently been a lot of pressure on CEOs to voice their views on political, environmental and social issues. According to the global chair of reputation at Edelman, the expectation that CEOs will be leaders of change is high. As such, to the extent that CEOs are considering taking stands on contentious social, political or environmental issues, are there effective ways for CEOs to decide when and how to do it?

Brexit and contracts – a practical guide for Irish businesses
  • Company & Commercial
  • Ireland
  • 18 March 2019

Irish businesses trying to navigate the current Brexit landscape should consider the impact of events on their contractual relationships. As Brexit will directly or indirectly affect most, if not all, transactions between Irish and UK businesses or Irish businesses doing business in the United Kingdom (including Northern Ireland), Irish suppliers must consider not only events which may directly affect them, but also their supply chain.

Electric vehicles exempt from emissions-reducing speed limits
Schoenherr Attorneys at Law
  • Environment & Climate Change
  • Austria
  • 18 March 2019

The Constitutional Court recently dealt with a complaint by an electric vehicle owner who had exceeded an Air Immission Protection Act speed limit. The driver claimed that his vehicle emitted no air pollutants and that the emission-dependent speed limit did not apply to him. The court disagreed. In response to this decision, the federal government created a legal exception for electric cars. However, whether all federal states will introduce an exception to the act's speed limit for electric cars remains unclear.

Desperate times call for ex parte interim measures in patent disputes
ALTIUS
  • Intellectual Property
  • Belgium
  • 18 March 2019

Preliminary injunctions are rarely granted on an ex parte basis in Belgium and adversarial debates are considered a cornerstone of legal proceedings which can be deviated from only in cases of absolute necessity. However, ex parte interim measures have been granted in at least four patent disputes in Belgium in recent years, which helps to shed light on the circumstances under which patentees can consider them to be a measure of last resort to stop a threat of infringement.

Justice Manual and FCPA enforcement
Hogan Lovells
  • White Collar Crime
  • USA
  • 18 March 2019

Throughout 2018 the Department of Justice (DOJ) continued to ring the clarion call for cooperation and sought to provide some certainty, consistency and coordination regarding the incentives offered to companies that provide voluntary disclosures. In particular, the DOJ centralised its guidance memoranda into what is now known as the Justice Manual. The DOJ's goals were to identify redundancies, clarify ambiguities, eliminate surplus language and update the manual to reflect current law and practice.

Shareholders' agreements – courts clarify rules for listed and non-listed companies
Grieco e Associati
  • Company & Commercial
  • Italy
  • 18 March 2019

Italian company law contains specific provisions for shareholders' agreements relating to listed or non-listed companies. Two recent court decisions provide clarity in this regard and confirm that the existing legal framework broadly recognises the admissibility of shareholders' agreements in order to govern the rights and obligations of company shareholders, particularly for joint ventures in the financial, trade and industrial fields.

Moral rights: can authors waive their special rights?
Saikrishna & Associates
  • Intellectual Property
  • India
  • 18 March 2019

The Copyright Act specifically addresses authors' special rights, which comprise the right to claim authorship of a work and the right to prevent any distortion, modification or mutilation of a work which would be prejudicial to the author's reputation. While jurisprudence on moral rights is still relatively limited, a few foundational cases are emblematic of India's approach and the associated legal issues.

New government measures to tackle corruption: does the buck stop here?
Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados
  • White Collar Crime
  • Brazil
  • 18 March 2019

Despite the steps taken by Brazil to fight corruption in recent years, it remains one of the main challenges for the country. Mindful of this, the new government – which came into power in 2018 on the back of its vow to fight corruption – has promised a series of measures to tackle the issue. The measures include toughening prison sentences for corruption-related crimes, separating investigations involving high-level officials and making illegal campaign donations a criminal offence.

E-commerce websites and trademark protection
Deris Attorney At Law Partnership
  • Intellectual Property
  • Turkey
  • 18 March 2019

The popularity of e-commerce websites in Turkey has grown in recent years. However, while e-commerce websites are important for the economy, their relationship with trademark protection is a controversial topic, as e-commerce website owners provide a platform through which other retailers can sell their products rather than producing products themselves. This article examines the steps that holders and e-commerce websites should take to ensure that their trademarks are fully protected.

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