Landlord and undertenant insolvency: the sandwiched tenant

Real estate | 01 April 2010

The insolvency of a party to a commercial lease, whether it be the landlord, tenant or an undertenant, is going to impose restrictions on, and limit the rights and powers of, the other parties to the lease. Being aware of all the options is therefore imperative to making the best of what is always going to be an undesirable situation. [Continue Reading]

Changes to corporate law in 2010

The Netherlands | 01 April 2010

Dutch corporate law needs to be modernised to make it more appealing at an international level. The Dutch Lower House adopted five legislative proposals in December 2009 that are meant to contribute to this modernisation. These proposals will be discussed in this article. [Continue Reading]

Reputational law: Star Wars stormtrooper battle is a warning on copyright protection

Technology, Media and Telecoms | 01 April 2010

It is well recognised that the Internet has made the world a smaller place. Not just by the easier methods of communication and the exchange of information, but also to commerce and the availability of new, larger markets to buy and sell to. These changes have provided opportunities for small businesses to reach a potential global audience, but beware, when a small business competes on the world stage, they can find themselves unprepared for the infringement of copyright or passing off in any number of jurisdictions. [Continue Reading]

Making certainty certain: the operation of settlement offers under CPR 36

Dispute resolution | 01 April 2010

One of the main factors behind many settlements of civil claims is that settlement will achieve certainty for the parties. Further, the settlement of civil disputes is encouraged at every stage of the litigation (and pre-action) process. Parties to disputes have also been equipped by the Civil Procedure Rules (CPR) with powerful settlement weapons, in the shape of formal offers under Part 36 of the CPR, with which to apply pressure to their opponents to settle. There has been a series of decisions about the operation of Part 36 since its inception and, in the past 18 months, several cases concerning the validity of offers and purported acceptances have been before the court. [Continue Reading]

Tackling workplace fraud

Ireland | 01 April 2010

Up to 5% of a firm’s annual turnover may be lost through fraud in the workplace and, according to a recent survey, at least 70% of that fraud is perpetrated by employees. What may surprise many is that most corporate fraud is not billion-euro embezzlement by top directors, but is committed by ordinary workers who never imagine that their actions could be seen as fraud. [Continue Reading]

Post-loss insurance obligations

Insurance | 01 April 2010

When an event occurs that triggers a notification provision in an insurance contract, the terms should be complied with before quietly sitting back and waiting for the insurer to exercise its rights to adjust the loss or control any issues that arise, including litigation. It is clearly in the insurer’s interests to minimise the loss that it will eventually be paying. But an insurer is entitled to take some time to look into the problem, or it might make its mind up immediately to reserve all its rights, simply decline the claim or, in an extreme scenario, avoid the policy. What should an insured do in these circumstances before a settlement can be negotiated or its rights assessed by a court? [Continue Reading]

Commission clears Orange and T-Mobile merger with conditions

Technology, Media and Telecoms | 01 April 2010

On 1 March 2010, the European Commission conditionally cleared the proposed merger between Orange UK Ltd (Orange) and T-Mobile (UK) Ltd (T-Mobile), during phase one of its investigation. To resolve the Commission’s competition concerns, the parties have agreed to amend an existing network sharing agreement with Hutchison 3G UK Ltd (H3G) and to divest a quarter of their combined spectrum in the 1800 MHz band, which could be used by rivals to run faster mobile broadband services. [Continue Reading]

Indian government prescribes new guidelines for work visas

India | 01 April 2010

The boom in the Indian economy has been accompanied by an increase in the perception of India as a lucrative avenue for employment. The employment of foreign nationals, especially as skilled or super-specialised labour in areas such as information technology, oil and gas, power projects or to lead Indian operations of multinational companies, is a common feature. Before August 2009, the legal regime of immigration laws seemed conducive to this, as was evidenced by the large number of foreigners working in India. [Continue Reading]

Tier 4 student visas: tough new rules for foreign students

Human resources | 01 April 2010

On 10 February 2010 the Secretary of State for the Home Department, Alan Johnson, announced that foreign students from outside Europe wishing to come and study in the UK would be required to meet stricter entry criteria. The announcement follows the Prime Minister’s announcement of a review of the Tier 4 route under the points-based system (PBS) on 12 November 2009. Johnson said: [Continue Reading]