Legal Updates

ITALY MOVES FORWARD AMENDING BANKRUPTCY LAW

Since 2005, the focus of the Italian Bankruptcy Law has moved from liquidation to reorganization of distressed companies through the introduction of new insolvency proceedings, among which reorganization plans and debt restructuring agreements have to be mentioned, with a view to preserving the value of the business and allowing it to possibly make a fresh new start.

Most recently, in August 2012, Law no. 134, conversion of the Law Decree No. 83/2012 so called “ Decree on Development” has been deeply impacted the existing system introducing  several new rules aimed at simplifying the access to proceedings alternative to bankruptcy with an appreciable attempt to fill the regulatory gaps. More…

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How to Make Sure Visual Storytelling Stays Within the Law

Visual content marketing has been hailed as the future of PR. By many accounts, however, the future is here already: cartoons, memes, infographics, photos and videos are an increasingly large part of public relations and marketing communications, especially within social media. It is no wonder. Countless reports say tweets with images receive are retweeted more than those without, branded Facebook posts receive significantly more engagement when they contain photos and press releases with photographic and video content result in significantly increased page views. More…

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Zero hours contracts: Avoiding the loopholes

Although they have been part of the employment landscape for some time, zero hours contracts became particularly popular during the recent recession, on the basis that they afforded employers access to a pool of workers, but with a financial commitment that was limited to paying only for work actually carried out.

More recently, following the country’s apparent emergence from the recession, the practicality and fairness of such contracts (which have proven particularly popular within the retail sector) has been called into question. More…

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ICMS on imaginary discounts

In the article “ICMS on imaginary discounts”, published by the Brazilian newspaper, Valor Econômico, on July 22nd of 2014, KLA tax associate Luiz Carlos de Andrade Júnior addresses the levy of the ICMS on “discounts” applied on the sales of mobiles.  More…

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Washington Court Dismisses Challenge to NLRB’s Ambush Election Rules

U.S. District Court Judge Amy Berman Jackson on Wednesday issued a 72 page opinion (PDF) rejecting each of the arguments raised by the U.S. Chamber of Commerce, the National Retail Federation and other business groups and found that the Amended Election Rules adopted by the National Labor Relations Board in December 2014, which took effect in April 2015, in an action that argued that the Board had exceeded its authority, violated the Administrative Procedures Act and that the Amended Rules were unconstitutional.

This is the second district court decision to reject such challenges to the Amended Election Rules. In April, Judge Robert L. Pitman of the U.S. District Court for the Western District of Texas rejected a similar challenge brought by the Associated Home Builders of Texas and the National Federation of Independent Businessmen.

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Multistate Tax Update — July 30, 2015

Many states are holding sales tax holidays to give consumers a tax break on back-to-school clothing and other purchases.

Some are limiting the list of tax-exempt items to clothing, footwear, and accessories, while others have expanded the offering to items other than back-to-school goods. For example, Virginia’s sales tax holiday also exempts hurricane and emergency preparedness items, Energy Star and WaterSense items. Mississippi offers a Second Amendment sales tax holiday on firearms during the weekend after its back-to-school tax holiday.

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Working Like a Dog – Qualifying As A Service Animal For ADA Purposes

Service DogThe United States Department of Justice recently released technical guidelines aimed at cur”tail”ing proliferating efforts purporting to expand the meaning of “service animal” under the Americans With Disabilities Act (“ADA”). Under the ADA, public accommodations (e.g. restaurants, hotels, retail establishments, theaters, and concert halls) must permit the use of service animals by disabled individuals. These technical guidelines take aim at increasing claims that a variety of animals (e.g. a pig) are service animals because they provide emotional support or comfort to the disabled individual. As this technical guideline makes clear, a service animal must not only be a dog, but it must be working like one as well.

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“The Donald” Trump – Avoids Trade-mark Licensor Liability in Canada

Image Credit: © Imdan | Dreamstime.com - Donald Trump, Youre Fired! Photo

I spent years at my office watching the gradual construction of the 70-story mixed-use TRUMP TOWER complex in downtown Toronto, Canada.  It is now a Toronto landmark and a place for the lawyers and bankers in the financial district to wine and dine clients.  Trump, two of his affiliated companies (Affiliates) plus the licensed developer have been sued (Singh v. Trump).  The plaintiffs were attempting to hold Donald Trump (the presidential candidate!) liable for alleged misrepresentations by the developer of the attributes of certain hotel condominium units in the Trump Tower complex.  The developer was licensed by one of Mr. Trump’s Affiliates to use Mr. Trump’s name and trade-marks for the Trump Tower complex.

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IEEE further restricts patent rights

Earlier this year, the Institute for Electrical and Electronics Engineers (IEEE) revised its policy on the use of Standard Essential Patents (SEPs) further restricting the patent rights of patent holders.

The IEEE policy changes restrict the negotiating ability of patent holders in establishing a reasonable and nondiscriminatory (RAND) rate and remove an important lever by severely restricting the ability of patent holders to obtain an injunction against a knowing infringer. More…

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September 30 expiring term for Italian Voluntary Disclosure, to be focused not only on Italian resident entities but also on non-Italian entities resident worldwide, presumed to be Italian residents.

With the signing of the exchange of information agreements between Italy and Switzerland, Liechtenstein and the Principality of Monaco, the Italian voluntary disclosure program has been ratified, allowing Italian taxable entities or individuals, who own and hold assets and investments abroad in violation of the fiscal monitoring regulations, to regularize their assets and activities, held in Italy and abroad, and comply with Italian tax regulation.

The term to comply expires on September 30, 2015.

The program contemplates the payment of the Italian due taxes and the application of reduced penalties, in order to rectify the failed income tax statement and the non compliance with the fiscal monitoring regulation, thus avoiding (highly possible) potential risks deriving from what the Italian Tax Authorities can gather from the exchange of information on deeds or events occurred from the date of the exchange of information agreements.

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