Monthly Archives: November 2020

November 30, 2020

INSOL Publication 2020: Treatment of secured claims in insolvency and pre-insolvency proceedings II

By cherubiniautore-it-giorgio-cherubini of EXP Legal
INSOL Publication 2020: Treatment of secured claims in insolvency and pre-insolvency proceedings II
Authors: Giorgio Cherubini, Giancarlo Cherubini We are delighted to announce that Giorgio Cherubini and Giancarlo…
Giorgio Cherubini
Giancarlo Cherubini

This new volume clearly illustrates the advantages and limitations of secured status in pre-insolvency and insolvency proceedings in each of the 20 jurisdictions covered. The 20 chapters contained within the book cover a wide range of key issues that practitioners would find useful, including the types of security rights that are available, the enforcement of such rights, circumstances when the granting of secured rights may be challenged and declared void, and the impact of reorganisation of a company on secured creditors, to name but a few.
Download the attached document.

Posted in Europe | Legal Updates
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November 30, 2020

Non-Compete Boilerplate Loses Steam Where Independent Contractor Receives Call and Confidences Directly

By James P. Flynn of Epstein Becker & Green

The Court of Appeals for the Sixth Appellate District of Texas at Texarkana issued an opinion on November 24, 2020 in Titan Oil & Gas Consultants LLC v. David W. Willis and RIGUP, Inc., a case addressing application of a non-competition provision in the independent contractor context in the oil and gas drilling and production industry in the Permian Basin and elsewhere. Titan addressed non-competition claims of interest both to those focused on the Texas arcana of the state’s restrictive covenant statute and jurisprudence and to those more generally interested in applying restrictive covenants to independent contractors.  Each area of interest is worth examining.

Posted in Legal Updates | North America
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ILN Today Post
November 30, 2020

CAN I GET OUT OF A COMMERCIAL LEASE EARLY?

By Miller Samuel Hill Brown

COVID-19 has had a significant impact on almost every business in Scotland. For many businesses, it means they no longer require their business premises or can no longer afford them. There are of course many other reasons, not directly related to COVID-19, that you, as a commercial tenant may wish to exit a commercial lease. Perhaps operations have downsized or expanded and the place is no longer fit for purpose, or business needs demand a change of location. Regardless of the circumstances, if you need to get out of a commercial lease early, there are options which may be available to you. Read more…

Posted in Europe | Legal Updates
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ILN Today Post
November 30, 2020

COVID-19: BUSINESS AS USUAL?

By Miller Samuel Hill Brown

Last Friday the Scottish Government introduced new restrictions designed to combat a recent rise in COVID-19 cases – with various ‘protection levels’ being introduced in different areas across the country.

It comes as no surprise to us that clients are eager to know what this means for their move and to what extent the housing market can continue operating as normal. Read more…

Posted in Public Law
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November 30, 2020

California Court of Appeal Rules That the FAAAA Does Not Preempt State’s Controversial Independent Contractor Test

By Kevin R. Vozzo of Epstein Becker & Green

The legal landscape surrounding independent contractor relationships in California continues to evolve swiftly.

As we wrote here, in January 2020, state court Judge William Highberger issued a decision holding that the Federal Aviation Administration Authorization Act (“FAAAA”) preempts use of California’s version of the “ABC” test (as adopted by the California Supreme Court in Dynamex Operations West Inc. v. Superior Court, and subsequently codified in AB 5) to differentiate between independent contractors and employees in the trucking industry.  More specifically, Judge Highberger held that “b]ecause Prong B of the ABC Test … prohibits motor carriers from using independent contractors to provide transportation services, the ABC Test has an impermissible effect on motor carriers’ ‘price[s], route[s], [and] service[s]’ and is preempted by the FAAAA.”

Posted in Legal Updates | North America
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November 25, 2020

Video: It’s Time to Ready Your Vaccine Policy – Employment Law This Week

By Epstein Becker Green

As featured in #WorkforceWednesday:  News that a potential COVID-19 vaccine could be imminent brings employers to their next challenge: workplace vaccine policies and procedures. Attorneys Jennifer Barna and Nathaniel M. Glasser tell us more. You can also read about the issues in Business Insider (subscription required).

Posted in Legal Updates | North America
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November 25, 2020

Journalism and copyright: is there a defence similar to fair use or fair dealing?

By Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law Firm

Law 2121/1993 on Copyright, Related Rights and Cultural Matters (the Copyright Law) does not provide for a fair use or fair dealing defence.(1)

Nevertheless – and in compliance with the EU Information Society Directive (2001/29/EC) – the Copyright Law contains an exhaustive list of specific statutory exceptions and limitations on authors’ economic rights.

Posted in ILN IP Insider
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ILN Today Post
November 24, 2020

New CDC guidance states that masks also protect the wearer

By McDonald Hopkins LLC

In the ever changing world of virus control, the Center for Disease Control (CDC) has once again pivoted from its previous guidance indicating that mask wearing protected others from infection. Now recent CDC guidance provides that mask wearing also protects the wearer from COVID-19 infection. The guidance provides in pertinent part: Read more…

Posted in Uncategorized
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ILN Today Post
November 23, 2020

IP Intangibles That Protect Your Brand Identity

By McDonald Hopkins LLC

Naturally Chicago presents the second installment in a three-part series on Protecting Your IP, contributed by McDonald Hopkins Intellectual Property attorney and Naturally Chicago member Erin Conway.

A lot goes into how a brand writes and tells its story to consumers. Whether it be clean label, ethical sourcing and manufacturing, sustainability, or plant-based nutrition, these seemingly intangible aspects of a brand’s identity can provide tangible value. Read more…

Posted in Legal Updates | North America
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ILN Today Post
November 23, 2020

‘5 Questions With’ Ohio State Senator Matt Dolan

By McDonald Hopkins LLC

1.  You outperformed the top of the ticket. What were the keys to your impressive re-election victory?

I have a great campaign team. Without community or public events to meet the voters, I engaged in very aggressive door-to-door, reaching over 100,000 voters at over 30,000 houses. Thanks to tremendous financial support we were able to get my message out on TV, radio, internet and the mail. Read more…

Posted in Legal Updates | North America
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