Regions

Philippe-André Tessier elected treasurer of the Bar of Montreal

May 17, 2017 — Philippe-André Tessier, CRIA, ASC, has been elected treasurer of the Bar of Montreal for the 2017–2018 term. This tenure is the latest instance in a long history of commitment towards the legal profession.

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Alitalia (update 2): the benefits of acquiring a Company under extraordinary administration

Alitalia (update 2): the benefits of acquiring a Company under extraordinary administration
Authors: Antonello Corrado, Silvia Viceconte As outlined in our previous newsletter dated May 3, the…
Antonello Corrado
Silvia Viceconte

In addition to certain obligations charged to the buyer, due to the strategic national importance of the sold company, the legislation provides some undeniable advantages when purchasing part or the entire business perimeter within the context of the public procedure.

Let’s define some of them.

  • The principle that the buyer must ensure the business continuity for at least two years and maintain for the same period the employment levels laid down in the sale agreement is balanced by the faculty to agree, during the mandatory labor consultations provided for in art. 47 Law 428/1990, on the partial transfer of employees to the buyer. Likewise, further changes to the working conditions may also be agreed within the limits permitted by the applicable regulations.
  • Personnel transfers, even partial, to the buyer can also be made upon the placement in the extraordinary redundancy fund or, alternatively, through the termination of the existing relationship and the hiring by the buyer.
  • According to art. 4, paragraph 4-sexies, Legislative Decree 347/2003, the admission to the extraordinary administration procedure does not involve the loss of authorizations, certifications, licenses, concessions or other securities for the exercise of the business of the insolvent company; such titles are, therefore, automatically transferred to the buyer in case of purchase under the extraordinary administration procedure.
  • Art. 63, paragraph 5, Legislative Decree 270/1999 provides the general principle which excludes the buyer’s liability for the debts relating to the business of the transferred company prior to the date of the transfer.
  • Following the transfer, the cancellation of the registrations relating to pre-emption rights and the transcripts of foreclosures and seizures that may be present on the transferred business assets is ordered by ministerial decree.

The normative provisions briefly described above appear to be appropriate to ensure a fair compromise between the need to protect the general interests such as safeguarding the company’s employment and business continuity and the economic freedom of the buyer interested in the purchase of the company.

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Joseph M. Goldstein Appointed to Friends of WLRN Board

Joseph M. Goldstein, Managing Partner of the Fort Lauderdale office, was recently appointed to the board of directors for Friends of WLRN. The Friends of WLRN board of directors is a select group of individuals, from a variety of backgrounds, responsible for setting policy and overseeing the organization’s general well-being.

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Shutts & Bowen Opens Jacksonville Office

Shutts & Bowen announced today it has opened its 8th office, with the addition of five attorneys from the Jacksonville office of Gillis Way & Campbell.

Joining Shutts & Bowen are H. Timothy Gillis, who was named managing partner of the Jacksonville office, partner Jason E. Campbell, partner Catrina H. Markwalter, of counselSue VanLeeuwen and associate Morgan Foster.

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Cyber Security: Computer Says “No”

A trail of disruption has been left by the “WannaCry” ransomware attack which reportedly affected 100 countries, 200,000 individuals and brought organisations such as the NHS and Fedex Renault to a standstill. This gave us pause to reflect on the practical steps organisations can take to minimise litigation risks arising from a breach of cyber security measures.

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IDA Ireland Event, London

Harry Fehily, Managing Partner, and George Kennedy, Partner, were pleased to attend the IDA Ireland Event, Right Place. Right Time in The Leadenhall Building in London on Wednesday, 10th May 2017.

It was an opportunity for UK based companies in the Financial Services, Technology, Bio-Pharmaceuticals & MedTech sectors to network and learn more about the different aspects of Ireland, from finding a home; finding the right office space; recruiting staff to getting the best business advice.

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Crowd-funding extended to proprietary companies

In March this year, after a number of false starts, the Corporations Amendment (Crowd-sourced Funding) Act 2017 proceeded to Royal Assent and is set to become law in late September this year. The Act, while a major breakthrough for crowd- sourced funding (CSF) in Australia, has been criticised for its limitations. You can find our update on this topic here.

Just two months later, as part of the 2017-18 Budget, the Federal Government has released for circulation draft legislation aimed at overcoming some of those criticisms.

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Howard & Howard welcomes Robert H. Smeltzer

Royal Oak, Michigan, May 16, 2017: Howard & Howard Attorneys PLLC is pleased to announce that Robert H. Smeltzer has joined the firm. He will practice out of the firms Chicago office.

Mr. Smeltzer has over 25 years of federal and state court experience in all phases of labor and employment, commercial, and non-patent intellectual property litigation and counseling. He has handled countless Title VII, ADEA, ADA, FLSA, NLRA, ERISA and FMLA matters before the EEOC, the Illinois Department of Human Rights, the Illinois Human Rights Commission, the Chicago Commission on Human Relations, the U.S. Department of Labor, the National Labor Relations Board, and state and federal courts.

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Courts Begin to Rein in Scope of New Jersey Truth in Consumer Contract, Warranty and Notice Act

Recent cases may suggest a shift in courts’ views on New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (TCCWNA). Plaintiffs have used the TCCWNA to attack an increasingly broad array of agreements, particularly online terms and conditions, and have often built their cases on mere technical violations unaccompanied by any real harm.

As discussed in a previous Alert, the past few years have seen a surge in these consumer class action lawsuits under the TCCWNA, as e-commerce sites – and their requisite online terms of use – have proliferated. Courts appear to be recognizing that plaintiffs have expanded this consumer protection law well beyond its drafters’ intentions, and some have begun reining in claims under the statute.

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ARTIFICIAL INTELLIGENCE AND ROBOTIC PROCESS AUTOMATION: IS THE LEGAL SECTOR READY?

The legal profession is in a period of turbulence and transformation Automation and technology are becoming more utilised in the legal sector to increase efficiency and reduce costs. Artificial intelligence (AI) and robotic process automation (RPA) are being billed as the next industrial revolution and the legal profession will change in a way that has never been seen before.

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