Monthly Archives: May 2016

News and Press Releases 2016-05-31 17:00:00

The American Lawyer announces The Transatlantic Legal Awardsfinalists for 2016. Lidings became the one of two law firms being shortlisted for the European Law Firm of the Year: CEE/Russia category and the only Russian legal advisor among all finalists in over 20 categories.

The Transatlantic Legal Awards recognize law firms around the world for excellence in handling transatlantic matters across the key areas of corporate, finance and disputes, as well as highlighting law firm innovation, commitment to pro bono, outstanding transatlantic strategy, and names the best in-house leaders of the world’s largest international companies and corporations. For example, among this year’s finalists are such “giants” as General Electric Company and Microsoft Corporation.

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ILN Today Post

Innovative employee incentives – are they are the doorstep?

One of the most efficient ways to motivate employees is to make them owners. In Hungary, however, plenty of legal and tax obstacles have restricted the introduction of such incentive so far. Changes made to the legal and tax environment in the recent years may yet boost the spread of employee stock programmes in the future.

The past: neither share, nor option

The most straightforward way to involve employees into the company’s ownership is to provide them with business quotas or shares directly. This raises, however, several complications. Upon the receipt of a share the employee also receives the right to participate in the decision-making procedure of the company, which is not always a desirable outcome. Furthermore, unfavourable tax consequences may come up: the unpaid part of the fair market value of the share is taxed at the same way as if salary was paid to the employee. This makes such type of incentive rather unattractive.

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“Smile . . . You’re on Your Employee’s (Not So) Candid Camera!”

Imagine that an employee asks to come to your office to address concerns about workplace harassment. Pursuant to the company’s open door and non-harassment policies, you promptly schedule a meeting. When the employee arrives, she sits down, sets her smartphone on the desk facing you, and turns on the video camera before beginning to speak. Can you instruct her to turn off the recording device? Can you stop the meeting if she refuses? Would the answer change if the recording was surreptitious?

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Federal Appeals Court Sides with NLRB – Holds Arbitration Agreement and Class Action Waiver Violates Employee Rights and Unenforceable

Steven M. Swirsky

The US Court of Appeals for the Seventh Circuit in Chicago has now sided with the National Labor Relations Board (NLRB or Board) in its decision in Lewis v. Epic Systems Corporation, and found that an employer’s arbitration agreement that it required all of its workers to sign, requiring them to bring any wage and hour claims that they have against the company in individual arbitrations “violates the National Labor Relations Act (NLRA) and is unenforceable under the Federal Arbitration Act FAA).”

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ILN Today Post

Udlandsdanskers brug af sommerhus i Danmark

Helle Thornings skattesag vakte stor debat, og praksis er blevet strammet med dom i Højesteret.

De, der betaler skat til Danmark, er som udgangspunkt personer, der har bopæl i Danmark. Denne persongruppe betegnes som fuldt skattepligtige skatteydere. Persongruppen skal betale skat til Danmark af en hvilken som helst indkomst, de oppebærer, uanset hvorfra i verden den stammer.

Ved siden af findes begrebet ”begrænset skattepligtig”. Begrænset skattepligtige er personer, der på den ene side ikke er fuldt skattepligtige til Danmark, men på den anden side har en eller anden form for relation til Danmark, typisk fordi de f.eks. ejer fast ejendom eller andet i Danmark.

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ILN Today Post

Update – Canada-EU Comprehensive Economic and Trade Agreement (CETA)

By Roy Nieuwenburg

In our September 29, 2014 Construction Law Bulletin, we alerted readers to the projected implications of the Canada-EU Comprehensive Economic Trade Agreement. [“MASH Sector Needs to Brace for Possible New Era in Procurement – Canada-EU Comprehensive Economic Trade Agreement (CETA)”]. The final CETA text was published February 29, 2016. Here is an overview and summary:

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ILN Today Post

Post Panama

Once the initial furore over the “Panama papers” has died down, a sober analysis will undoubtedly reveal that, whilst there will have been many examples of undisclosed or illegal arrangements, there will equally have been many clients of Mossack Fonseca whose affairs were perfectly compliant and who had valid reasons for setting up offshore companies or structures.  What lessons should we draw for the future?

Confidentiality

One reason individuals may have set up offshore structures is for confidentiality, particularly where their jurisdiction of origin is unstable or anarchic.  The first lesson of Panama is that confidentiality will be an increasingly rare commodity in the future.  Leaving aside unauthorised leaks, there is an inexorable pressure from the UK Government, the EU, the OECD and so on for greater transparency.

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ILN Today Post

Lease extensions of flats on a sale – what to tell your clients

When tenants first acquired the right to extend their flat leases under the Leasehold Reform, Housing and Urban Development Act 1993 (Act), there was a perception that this was not as attractive as the other right created by the Act, to collectively acquire the freehold title to the building in which the flats are situated.  However, lease extension claims are generally quicker, simpler and the right is more readily available than the right to collectively enfranchise.

A lease is generally marketable (i.e. a bank will lend against the interest) if it is for 80 years or more. It is not uncommon, particularly in Prime Central London, for flats to be sold on leases of under 80 years.  Accordingly, it is important that the agents are aware that the statutory right to extend the lease exists and how and when that right can be exercised so dealing with the extension can be dealt with at the Heads of Terms stage.

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Week of May 23, 2016 on ILNToday – A Roundup!

roundupWe’ve been busily getting ready for our Annual Conference here, so my apologies for the radio silence here at Zen! I promise to be back with new content as soon as I can come up for a breather. In the meantime, take a look at some of the excellent legal content from our member firms around the world:

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ILN Today Post

Aktindsigt i interne arbejdsdokumenter

Udgangspunktet for aktindsigt er med den nye offentlighedslov, at stort set alt skal være tilgængeligt for offentligheden. De to praktiske undtagelser er de interne arbejdsdokumenter, som myndighederne udfærdiger og/eller udveksler i enheden samt følsomme oplysninger om personlige og/eller økonomiske forhold.

Ombudsmanden har i en udtalelse behandlet spørgsmålet, om interne arbejdsdokumenter, der som udgangspunkt er undtaget aktindsigt, kunne forblive sådanne, når det interne arbejdsdokument indgik i en sag omfattet af Miljøoplysningsloven. 

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