Featured Post ILN Today Post

International Lawyers Network Shortlisted for The Lawyer’s Law Firm Network of the Year Award

TLEU 011 Shortlisted Logo_CMYK21

The International Lawyers Network has been shortlisted as Global Network of the Year by The Lawyer.” The winners of this category will be announced at The Lawyer European Awards 2016 at the Hilton London Bankside Hotel in London, England on Wednesday, March 9, 2016.

This is the first time the category for Global Network of the Year has been included for consideration in the awards. In evaluating submissions, judges looked for evidence of strategic vision, with particular focus on cross-border initiatives, consistent excellence in the delivery of legal services and outstanding talent management.

“We are honored to have the International Lawyers Network shortlisted as Global Network of the Year,” said Lindsay Griffiths, Director of Global Relationship Management. “We pride ourselves on innovative marketing strategies and dedication to fostering relationships among our members. We believe this helps set us apart from other worldwide legal networks.”

Read full article
ILN Today Post

Decoding the Arbitration Amendment

The Arbitration and Conciliation (Amendment) Act of 2015 seems to be an optimistic leap towards making India an investor friendly state.

InfrastructureToday-Decoding Arbitration-July 2016

Read full article
ILN Today Post

Liberalizations in the FDI Policy – Unshackling the Manufacturing Sector

  1. Introduction

1.1.         The Foreign Direct Investment (“FDI”) policy has been in a state of flux since last year, with sweeping changes being brought in with respect to FDI vis-à-vis various sectors. One such sector has been the ‘manufacturing sector’ which was defined and elaborated upon in the FDI policy, vide Press Note No. 12 of 2015 (dated November 24, 2015), last year (“Press Note 2015”).  

Read full article
ILN Today Post

Grant of a lease: What to think about when negotiating Heads of Terms (HoTs)

A good HoTs will answer all key questions which may arise on the grant of a lease, so that negotiation on commercial issues isn’t required further down the line, saving both time and money in the long run.  It is crucial for prospective tenants to think long and hard before entering into negotiations on lease terms.  Some important questions include:

  • Term:  How long will the property continue to meet the business needs of the tenant?  A small, fast growing company may outgrow a property in its first few years.  It is important that the term of the lease is right and provides a sufficient break clause for the tenant, while maintaining the right balance against the costs of relocation and commercial upheaval.

Read More

Read full article
ILN Today Post

Insol Europe: Country Reports Summer 2016

Italy: New Provisions for Banks in Difficulties

On 3 May 2016, the Decree Law no. 59/2016 containing “Urgent measures on enforcement and bankruptcy proceedings, in favor of investors in banks in liquidation” was published in the Official Gazette.

The Decree Law no 59/2016 is intended to reduce the duration of the insolvency proceedings and to speed up the payment of creditors.

DOC200716-003

Read full article
ILN Today Post

Estate planning with an international element

What type of Will do I need if I have foreign assets?

If you own foreign assets, then you should consider putting in place a foreign Will in the jurisdictions in which you own those assets, in addition to a UK Will.  The advantage of this is that on your death, probate can be obtained more easily in each country if you have separate Wills to cover your assets in each jurisdiction.  This could be an advantage, especially if your executors would like to use your foreign assets to pay any UK Inheritance Tax, as obtaining probate in a foreign jurisdiction first would enable your executors to have access to those foreign assets.

Read More

Read full article
ILN Today Post

Chambers Global 2016 ranks Fladgate partners

Fladgate congratulates the following partners on their inclusion as “Leaders in their Field” in the 2016 edition of Chambers Global, the guide to the world’s best lawyers. Individuals are ranked after extensive research by the Chambers team with opinions sought from clients, peers, referees and competitors.

Germany
Corporate/M&A (Experts Based Abroad)
Alex Kaufmann

Read More

 

Read full article
ILN Today Post

Fladgate strengthens real estate practice with partner appointment

Fladgate LLP is delighted to announce the appointment of real estate specialist Jenny Sargeant who joins from Macfarlanes LLP.

Jenny advises a full range of real estate, corporate and high net worth clients on all aspects of commercial real estate transactions, specialising in acquisitions, bespoke financings and complex corporate transactions involving real estate. Her two areas of particular expertise are in the hotels sector and providing specialist advice to both lenders and borrowers in complex real estate finance transactions.

Read More

Read full article

NLRB Finds “Discharge” is an “Actual Discharge” and Violates the National Labor Relations Act Even if it is Immediately Reversed and Employee Suffers No Harm

The National Labor Relations Board (“NLRB” or “Board”) has reversed the findings of an Administrative Law Judge (“ALJ”) who found that an employee who was told he was fired and then almost instantly told by the owner of the company he worked for that he was not fired and continued to work without any loss of compensation or working time had in fact been unlawfully discharged in violation of the National Labor Relations Act (“NLRA” or the “Act”). It would seem that if “discharge is the ‘capital punishment’ of employment,” this case presents a rare example, in the Board’s eyes of an out of body after death experience, in which the executioner is held liable for killing someone who is unquestionably still alive.

Read full article

You want to dismiss an employee? Can’t do it with just a severance pay!

A commentary by Julie Forest, from our Labour and Employment Law Group.

July 21, 2016 — Prior to July 14, 2016, employers under federal jurisdiction — in the transportation, banks and telecommunications fields, as well as certain Crown corporations — could legally dismiss a non-unionized employee without cause, merely by giving notice, just as they can under common law. Such a dismissal was thereby considered “just”. From now on, this practice is no longer allowed.

Read full article

Consideration in Restrictive Covenants: Courts Take a Closer Look

Our colleagues Peter Steinmeyer and Scarlett Freeman of Epstein Becker Green authored an article in Workforce Magazine titled “Courts Take Closer Look at Noncompete Clauses.”

Following is an excerpt:

In the past few years, courts have been re-examining what constitutes adequate consideration for a restrictive covenant. In 2013, the Illinois Court of Appeals held, contrary to longstanding precedent, that in the absence of other considerations, mere employment constitutes adequate consideration for a restrictive covenant only if the employee remains employed for at least two years after signing the restrictive covenant.

Read full article