Legal Briefing

The protection of confidentiality of exhibits in French civil proceedings | LAVOIX

In France, parties have the sole power to delimit the scope of the disputes brought before the courts. In the absence of discovery proceedings, they are also tasked with providing the evidence to back up the demands brought before the courts. The judge may however take any legally admissible measure that appears necessary to the …

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Disclosing important documents: key differences between Scotland and England & Wales | Brodies

Court actions north and south of the border can be different in many ways and one of the main contrasts lies in the production of documents relevant to a case.

Recent competition law developments in Turkey: the administrative court’s stay of execution decision regarding behavioural remedies | ELIG Gürkaynak Attorneys-at-Law

The stay of execution order of the ninth administrative court of Ankara (court) regarding the Turkish competition board’s conditional approval decision dated 8 May 2018 and numbered 18-14/267-129 sheds some light and provides insights for future cases regarding the court’s approach towards behavioral remedies. The court found that the behavioral remedies accepted by the board …

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Strategic considerations for foreign enterprises considering applying for leniency in India | AZB & Partners

The Indian Competition Act (CA02) was enacted in 20021. Since its inception, the Competition Commission of India (CCI) has imposed approximately £1bn in penalties on enterprises and their key individuals for their participation in cartels under s3, read with s27, of CA02. The Competition Commission of India (Lesser Penalty) Regulations were enacted in 2009. Since …

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First precedents in Italy on ‘gig economy’ relationships | Grimaldi Studio Legale

In recent months, the first precedents in Italy concerning the extremely topical matter of platform workers’ status (employees v freelancers) have been issued.

Anatomy of a workplace investigation in Ireland: how to handle some of the practical issues | Maples Group

Complex workplace investigations were the exception and not the norm until a few years ago. In the year 2000 a one-page statutory code of practice was published in Ireland to guide employers through the humdrum of workplace disciplinary and grievance investigations containing only one sentence regarding the issue of employee representation in investigations. Fast forward …

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Psychosocial risks versus healthy companies in Spain | Grant Thornton

In the last decade, the manner in which work is organised and managed has suffered significant changes. This fact has caused either beneficial or harmful consequences, such as emerging psychosocial risks and new challenges. The main questions are: what are the psychosocial risks? What are their consequences for the workers and for the company? What …

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Dealing with discrimination and harassment in Australian workplaces | People + Culture Strategies

In Australia, as in the rest of the world, employers bear onerous legal obligations to ensure that workplace culture does not condone sexual harassment, or indeed any other kind of bullying or vilification. Perhaps unlike other parts of the world, the laws dealing with workplace discrimination and harassment in Australia are particularly complex, not the …

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Profit-sharing litigation in Mexico: A challenge to a common corporate structure | Sánchez Devanny

Companies starting an operation in Mexico normally analyse variables that will have an impact on their businesses, like an efficient tax structure, the regulatory framework, and certainly, labour and employment matters. A key feature in the Mexican Federal Labour Law (FLL) is the mandatory 10% distribution of the employer’s annual January to December profit among …

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Trademark law and the criteria of distinctiveness

Introduction The traditional way of assessing distinctiveness is strictly focused on the specific national market in which the trademark and product occur, so that a trademark may very well be distinctive in a given market and not distinctive in another. In this article, we challenge this traditional approach and investigate more closely if specific circumstances …

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