Udlejers genudlejningspligt

Som udlejer har man en genudlejningspligt – men hvor langt skal udlejer gå i sine bestræbelser på genudlejning?

Opsiges et lejemål, før det lovbestemte eller aftalte varsel udløber, er hovedreglen, at lejeren må forvente at hæfte for lejen i den opsigelsesperiode, der er gældende for lejemålet.

En undtagelse til denne hovedregel er udlejers genudlejningspligt, hvor udlejer skal bestræbe sig på at genudleje lejemålet så hurtigt som muligt. Dette fremgår direkte af lejelovens § 86, stk. 3, og erhvervslejelovens § 64, stk. 3.

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Both “installation” and “storage” of software in computer memory may infringe copyright

On June 8, 2016 the Economic Disputes Judicial Board of the Russian Supreme Court published its Ruling in case No. А20-2391/20131.

Under the merits of the case, in 2013 Microsoft Corp. filed a lawsuit against Elsi-Trek LLC seeking to compensate for the infringement of the software illegally installed on the defendant’s computers. The software had allegedly possessed certain “counterfeit” characteristics (f.e., absence of the authenticity certificate, differences between activation keys, etc).

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Landlord not liable for fire losses after failing to install smoke alarm

Jennifer Loeb was successful in the BC Court of Appeal on behalf of an insured landlord following a house fire in a rental property. The court found that failing to install a smoke alarm does not automatically render the landlord liable for fire losses. Congratulations to Jennifer and the team. Read the reasons for judgement to learn more.

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Beskyttelse af dine varemærker og designs i EU – og i UK

Som følge af den britiske ”Brexit” afstemning har den seneste tid budt på megen usikkerhed for de europæiske markeder. Det er en usikkerhed, vi må forvente i nogen grad varer ved, indtil Storbritannien officielt melder ud, hvilken betydning ”OUT”-resultatet får – og givet også derefter.

Briterne er en tæt samhandelspartner med Danmark og mange danske selskaber, og landets forhold til EU har stor betydning for, hvordan danske selskaber skal indrette deres forretning med de britiske virksomheder. Dette gælder ikke mindst i forhold til beskyttelse af de immaterielle rettigheder; varemærker og designs.

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U.S. Supreme Court Declines to Review DOL Home Care Rule

Our colleagues Denise Merna Dadika and Brian W. Steinbach, attorneys in the Employment, Labor & Workforce Management practice at Epstein Becker Green, have a post on the Health Employment and Labor blog that will be of interest to many of our readers: “U.S. Supreme Court Declines to Review DOL Home Care Rule”

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Brexit: What next for minimum alcohol pricing?

On 24 June the United Kingdom woke up to an unprecedented political hangover following the referendum decision to leave the European Union – a result that poses intriguing questions as to the future of the Scottish Government’s flagship minimum pricing policy.

The Alcohol (Minimum Pricing) (Scotland) Act 2012 provides for an alcohol floor price using the formula: MUP (minimum unit price) x strength (ABV) x volume in litres x 100. At the currently proposed MUP of 50p, a bottle of wine with an ABV of 13% would cost no less than £4.88. For a bottle of spirits, (70% ABV), the floor price would be £14.00, representing a significant hike for own-label products and pushing the cost towards that of premium spirits.

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ILN Today Post

Roles and Responsibilities of a Director Under Companies Act, 2013 – Pitfalls and Safeguards

1. Duties and Responsibilities of Directors.

1.1. The erstwhile Companies Act, 1956 (‘CA 1956’) contained no statement
of statutory duties of directors, and acts of directors were usually
reviewed in the context of their powers in terms of section 291 of the CA
1956 (which dealt with general powers of the board) and other applicable
laws, and their established roles under common law as laid down in several
judicial precedents1.

1.2. The Companies Act, 2013 (‘CA 2013’) for the first time has laid down
the duties of directors in unequivocal terms in section 166. In summary, the
general duties of directors under the CA 2013 are as follows:
* to act in accordance with the articles of the company, in other
words, to act within powers; 

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Week of June 27, 2016 on ILNToday – A Roundup!

roundupAs expected, we do have a couple of Brexit-related posts from ILN members, to keep you updated on what’s next – one that’s a full briefing on the impact and potential next steps, and one that focuses on the estate law side of things. Stay tuned here and to ILNToday for additional information. We’ve also got plenty of other content from around the world, with quite a few interesting pieces from our members! For those of you celebrating the 4th of July holiday, enjoy and stay safe!

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When the ACAS Code applies

The Acas Code on Discipline and Grievance provides guidance for employers on procedures to follow when dealing with employee grievances or discipline. Failure to follow the Code can result in a successful Claimant receiving an uplift of up to 25% on the compensation they receive at Employment Tribunal. The Acas Code applies where employees are disciplined for misconduct or poor performance and does not apply to redundancy procedure. However, there remained uncertainty as to the other types of case in which the Acas Code should be followed. Two recent cases shed some light on this.

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ILN Today Post

Brexit – where next?

When Julius Caesar was removed from his command by the Roman Senate in 49 BC, he uttered “Alea iacta est” (the die is cast) and crossed the Rubicon river with his troops. This step was naturally illegal under Roman law and Caesar thereby irrevocably committed himself to an act of rebellion. As a result, the phrase reproduced above is generally taken to refer to a step that will set in train an irreversible chain of events. At a later stage, Caesar met his ultimate fate at the hands of Brutus and other conspirators, on the Ides of March.

Some 2,000 years later, David Cameron’s Rubicon moment came on 20 February when, on returning from the negotiation of a new settlement with other EU Member States, he announced a firm date for a referendum on the UK’s continued membership of the EU. Matters proceeded inexorably from there, until David Cameron encountered his own Ides of March on the morning of 24 June through the referendum’s “Out” vote.

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