May 2010

European cross-border insolvency: an overview and update | Holman Fenwick Willan

The EC Regulation on Insolvency proceedings does not make particularly easy reading.1 It is a Brussels-made law in the form of a Directive, which took effect in all EU member states (except Denmark, which opted out) on 31 May 2002. Making sense of its provisions involves understanding some slightly unfamiliar concepts, some containing a rather …

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Anomalies of insurance law | Debevoise & Plimpton LLP

Although the courts are often at pains to point out that insurance law is merely a subset of general contract law and should be applied without any concession or discrimination simply because the subject matter is insurance, there are, in fact, several aspects that are peculiar to insurance. An understanding of these anomalies will assist …

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China’s changing IP landscape | Rouse

As China speeds towards becoming an innovation-based economy, foreign businesses have no choice but to engage with the Chinese intellectual property (IP) system. However, uncertainties in the efficacy of that system mean that due diligence is more vital than ever for IP rights holders. The IP landscape in Asia, particularly China, is changing. On one …

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Recent developments in examinership law | Byrne Wallace

There have been several significant developments concerning examinerships in the Irish jurisdication recently. In Re Vantive Holdings & ors [2009], the criteria laid down in Vantive Holdings’ applications for the appointment of an examiner have raised the evidential bar significantly. Applicants now have to ensure that they are armed with a very credible Independent Accountant’s …

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Health, safety and environmental management: the cost of getting it wrong | Bond Dickinson LLP

Health, safety and environmental management is increasingly at the top of the corporate agenda. With many companies putting the environment and safety at the heart of their corporate social responsibility policy, the consequences of falling foul of the law are becoming all the more significant, not just in terms of financial liabilities but, more importantly, …

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Reputation law: an international approach to protecting brands | Schillings

The threat from modern methods of communication is that the potential damage to an individual, company or brand’s reputation is fast and global. As international companies and their brands grow, so does the need for a trusted reputation and the need to protect the brand. The speed at which information travels, especially in this internet …

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Compliance with competition law: prevention is better than cure | Boekel

A sound corporate governance policy requires managing directors to guarantee compliance with competition law in the organisation. Violations can lead to penalties of millions of euros, and serious damage to the reputation of the organisation and the persons involved. In practice, it is difficult to identify and control competition law risks. This problem can be …

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Dilapidations strategies | Brodies

The popular consensus is that there will not be a return to pre-2008 levels of property transactions for at least a few years. It is also uncertain when, if ever, the property market will return to the boom times seen in the early part of the last decade. During this period, it was not uncommon …

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