Business being what it is today, it always carries the risk of contracts not being fulfilled. As a result, directors and key staff are often drawn into managing and remedying issues arising out of contractual breaches or delictual situations. Given that this can result in key personnel being distracted from their strategic and, ultimately, business …
It is not often that a share sale of a business will be reversed so as to put the parties back to their pre-contractual position. However, when it can be shown that the buyer has been induced by a fraudulent misrepresentation on behalf of the seller, in some narrow circumstances, a court will uphold a …
Companies with international markets can find themselves defending product liability claims in any of the countries in which their products are sold. As sales expand into emerging markets, major brands are finding that they are increasingly vulnerable to liability exposure in obscure jurisdictions, particularly where there may be lax regulation or supply chain issues.
The market for multi-purpose investment vehicles in the Netherlands is well established and developed. This article sets out the key regulatory and civil law drivers in structuring multi-purpose investment vehicles.
The asset value of a strong brand is now widely recognised, not just by brand owners but by investors. Over the past decade, the top 100 brands, as evaluated by the world’s largest brand consultancy Interbrand, have, year on year, shown a marked lead in financial performance over both the MSCI world index and S&P …
Continue reading “Protecting brand identity in the digital media age”
The recent decision of the Court of Appeal (on 28 July 2011) in the case of Philip Towers v Premier Waste Management Ltd[2011] sends out a strong message to company directors that the courts will strictly enforce their fiduciary duties. In this case, the defendant director was required to account for undisclosed personal benefits, which …
Continue reading “Breach of fiduciary duties: director digs hole for himself”
In New Cap Reinsurance Corporation Ltd (in liquidiation) & anor v A E Grant & ors as members of Lloyd’s Syndicate 991 for the 1997 Year of Account & anor [2011], on 9 August 2011, the Court of Appeal opened up further routes for the enforcement of judgments made in foreign insolvency proceedings in England …
It seems to be an industry dichotomy: at a time when publishers are closing established development studios – recent casualties Black Rock, Blue Tongue, Kaos and Bizarre spring immediately to mind – the number and value of acquisitions in the sector has never been higher. Farmville creator Zynga has been on a purchasing spree in …
Whether buying or selling a technology company, there are a number of tax traps that may arise. Below, we discuss some of the tax traps that we have come across in recent transactions.
The Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (the Hague Convention) establishes methods of co-operation for the taking of evidence abroad in civil or commercial matters. The Hague Convention was concluded on 18 March 1970, and came into force on 7 October 1972. India ratified the Hague Convention on …
Continue reading “The Hague Evidence Convention: applicability in the Indian legal system”
When an EU citizen is issued with a registration certificate valid for five years, or a family member is issued with a residence card also valid for five years, they will not automatically have acquired a right of permanent residence under Article 16 Directive 2004/38/EC at the end of that period. In Secretary of State …
The shortage occupation list has been amended to remove some specialist jobs that are no longer considered to be under resourced within the resident labour market. The ‘shortage occupation’ is part of the Tier 2 immigration route under the points-based system. The government has recently accepted recommendations from the independent Migration Advisory Committee (MAC) that …