Page 14 - Law Developments News Today

Whether an employee can make use of previously attained know-how, knowledge and skills in a new position is largely governed by the Trade Secrets Act, as well as the particular circumstances at hand and the employee's actions. In a recent case, the Labour Court departed from the principles set out in its earlier case law and implemented a new method for calculating damages in trade secret employment cases.

As part of the COVID-19 crisis package, the government has proposed to extend the schemes for sickness benefits, the jobseekers' work assessment allowance, unemployment benefits and employers' expenses relating to foreign nationals' entry quarantine and employees' quarantine hotel stays.

Introduction Providing a performance bond in the form of a bank guarantee to secure the performance of work is not unusual in the construction industry. In the event that a contractor breaches its contractual obligations (eg, fails to complete its work by the completion date), the employer or developer is entitled to call on the bank guarantee. However, the contractor may bring an action in court against this call on the ground that such a demand is unconscionable. With the recent enforcement o...

In a 9 September 2020 decision,(1) the first civil chamber of the Supreme Court held that under Article 16 of the Code of Civil Procedure, a judge cannot refuse to examine expert reports which disfavour a party that was not called on or represented during the expert proceedings. Decisions The Supreme Court overturned the Poitiers Court of Appeals decision which had found the judicial experts report in question to be unenforceable against a party on the grounds that the latter had neither been c...

A new Coastguard regulation has established the maximum speed between km 406 and km 435 of the Parana River. This regulation is the result of pressure from local dinghy sailors and yacht owners which have allegedly suffered damages while moored in this spot. The reported damages were allegedly caused by the waves that vessels produce when travelling at high speeds.

Introduction Companies in the fashion, luxury and agricultural spaces should take action in response to the forced labour supply chain due diligence requirements which Customs recently announced in connection with withhold release orders (WROs) that prohibit the import of cotton and tomato products with any nexus to the Xinjiang province. Following the region-wide WROs against cotton and tomato products produced in Chinas Xinjiang Uyghur Autonomous Region (XUAR), Customs and Border Protection (...

During economic downturns, valuations drop and dealmakers rightly expect a shift from a sellers' to a buyers' market. It is uncertain whether this will prove to be true for the COVID-19 recession. This article highlights how in-house M&A strategists can navigate present acquisition challenges and looks ahead to what the European M&A market may look like in the years to come.

Introduction For the first time in history, a private party has successfully challenged an acquisition and obtained an order requiring a divestiture of a company that had been acquired years before the case was filed. In a highly anticipated decision, a court of appeals has affirmed that order. Even though this case, Steves & Sons, Inc v JELD-WEN, Inc, is a first-of-its-kind result, the decision is centred on principles of antitrust law and procedure that are unremarkable: Private parties can ...

The domestic air transport market is mainly serviced by airlines whose fleets are comprised primarily of leased aircraft owned by foreign lessors. According to Peruvian law, local aircraft are those that are registered in the Peruvian public registry, while foreign aircraft are those that are not. Foreign aircraft may operate in Peru while bearing foreign registration marks (eg, N, C or CC) or obtain provisional local registration marks, but this affects neither the legal definition of the airc...

The Civil Code of Procedure, which has been criticised for sacrificing fundamental rights to achieve accelerated civil proceedings, has finally been amended by the legislature. The new provisions make first-instance litigation more flexible and simpler for both parties. This article examines the most important changes as of 1 January 2021 and whether a fairer balance between form and content has been reached in civil litigation.