Legal Briefing | Latin America |

1. INTRODUCTION: As in most Latin American countries, individuals who enter into contracts with the State of Ecuador are subject to administrative law, a division of public law influenced by Europe’s mainland. This legal system requires strict submission to the law for any action carried out by public officers; this is known as the principle … Continue reading “Types of contracts with the state of Ecuador”

Legal Briefing | Retail |

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Providing a seamless customer experience: the key to success for retailers? As Mothercare and House of Fraser announce store closures and Debenhams issues another profits warning, it seems that more and more predominantly bricks and mortar high street stalwarts are struggling to profit in this challenging sector.

Legal Briefing | Insurance |

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On March 15, 2018, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) in a 2-1 decision vacated the Obama-era U.S. Department of Labor’s (“DOL”) Fiduciary Rule (“Fiduciary Rule”), which responded to a historical shift from traditional pension plans to individually managed accounts, such as individual retirement accounts (“IRAs”) and 401(k)s. The Fiduciary … Continue reading “Regulators Struggle to Raise the Standard of Care for Financial Advice”

Legal Briefing | International Comparative Guides |

INTRODUCTION The success of a business resides in its employees. Even the biggest corporate structures depend on its employees to conduct its business. That is why, during the course of employment employer’s valuable information that is integral to its activities such as its business models, client profiles and marketing strategies are exposed to the use … Continue reading “Restrictive Covenants under Turkish Law”

Legal Briefing | Corporate & Commercial |

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Introduction The general question of corporate governance can be summarized, in the context of public companies, as three interrelated questions:  who has decision-making authority; how are they constrained in the exercise of that authority; and how are they held accountable for that exercise?  In this model, the U.S. approach to corporate governance has historically been … Continue reading “The Hot Topic in United States M&A – Corwin

Legal Briefing | Real Estate, Scotland |

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Dealing with residential tenancies has taken on a new meaning in Scotland. On 1 December 2017, the private residential tenancy (PRT) became the new residential tenancy for Scotland and, from 31 January 2018, letting agents of residential dwellings have to comply with a new code of practice and apply to be registered in the mandatory … Continue reading “Dealing with residential tenancies in Scotland”

Legal Briefing | Real Estate |

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The Public Contracts Regulations 2015 (PCR) (which implemented the 2014 Public Procurement Directive) created a new procedure known as competitive procedure with negotiation (CPN). For those bidding on complex infrastructure projects or other government contracts, the implications of CPN may not be immediately apparent. For a contracting authority, CPN provides an additional procurement option giving … Continue reading “Delivering complex projects: competitive dialogue or competitive procedure with negotiation?”

Legal Briefing | Real Estate |

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There is a fundamental tension between the desire for contractual certainty and for agreements to be future proof. Property lawyers know only too well the difficulties associated with the fact neither we or our clients have crystal balls or the ability to time travel. We are regularly asked to look at a contract in a … Continue reading “Property transactions – the fertiliser for the development of contract law”