Member News

15 Mar
Brexit News, Member News

The Weekly Vulcan View For March 11th – March 15th 2019 Featuring Analysis Of The Latest EU Developments

Key Events This Week: Third time lucky for the PM’s deal? In what was another dramatic week in the House of Commons MPs decisively rejected the Prime Minister’s deal and on Wednesday moved to rule out a No Deal scenario in all eventualities. However, the latter was non-binding as the legal default remains that a No Deal outcome can only be removed by Westminster either voting for a Withdrawal Agreement, choosing to unilaterally revoke Article 50 or extending the negotiating...

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14 Mar
Member News

EU: Parent Companies Are Liable for Cartel Damages Caused By Their Liquidated Subsidiaries

By Till Steinvorth and Boris Marschall | Orrick In a landmark judgment (Case C‑724/17, Vantaa vs. Skanska Industrial Solutions and others), the European Court of Justice (ECJ) decided on March 14, 2019 that companies cannot use corporate restructuring to escape their liability for cartel damages. Background The Skanska case concerned a cartel in the asphalt market in Finland. Seven companies were ultimately fined for their participation in the cartel. After the cartel became public, the municipality of Vantaa, which had bought asphalt during the cartel...

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14 Mar
Member News, Trade & TTIP Related

U.S. Trade Representative Releases 2019 Trade Policy Agenda and 2018 Annual Report

By TH International Trade The Office of the U.S. Trade Representative (USTR) has released President Donald Trump’s 2019 Trade Policy Agenda and 2018 Annual Report, detailing how the Trump administration’s trade policies “are benefitting American workers and contributing to the strongest economy in decades.” Claiming that the Trump administration “inherited a significantly flawed trading system,” the report states that the administration “took immediate and decisive action to implement a new trade agenda.” The USTR indicated that it “and other parts of the Administration...

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13 Mar
Member News

U.K. Employment Law Update: Accrued Holidays, Disability Benefits and Age Discrimination

By Alex Denny, Emma Vennesson, Katherine E. Newman, Philip Novak | Faegre Baker Daniels LLP If Accrued Holidays Are Not Used, Will They Be Lost? In the cases of Kreuziger v Berlin (C-619/16) EU:C:2018:872 and Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Shimizu (C-684/16) EU:C:2018:874, the European Court of Justice (ECJ) considered the right to payment for accrued but untaken holidays on termination of employment under EU law. As a current EU member state, the U.K. must interpret national legislation as...

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13 Mar
Member News

What you need to consider when doing business in Europe | A view from Brussels

When expanding into and operating across Europe, US companies need to navigate an entirely different legal landscape and address a number of key issues that impact the success of the business overseas. With a view from Brussels in the “center of Europe”, this checklist covers many of the key legal issues companies encounter when doing business in the EU. With Brexit looming on the horizon, we’ve also addressed some of principal ways this will impact companies trading in the...

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13 Mar
Member News

The main innovations of the newly enacted Italian Code for Distressed Companies and Insolvency

On 10 January 2019, the Italian Government enacted the Legislative Decree No. 14 of 2019, also known as “Code for Distressed Companies and Insolvency” (the “Code”). The Code aims to allow early detection of a financial “crisis” and prevent future insolvency. When such prevention fails, the Code also aims to handle insolvency with the goal of overcoming distress and return to profitability. The Code’s provisions will take effect 18 months after its publication in the Italian Official Journal (Gazzetta...

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12 Mar
Brexit News, Member News

Second defeat for the UK Prime Minister as MPs vote against the deal

By Mike Archer & Gavin Rice | FTI Consulting Eight weeks since the UK Parliament rejected the Government’s negotiated Brexit deal by a historic margin, they have once again voted down the agreement – although with a significantly reduced majority. The Prime Minister responded by declaring that the Government will agree time to debate and vote on motions relating to no deal and on extending Article 50. Despite the defeat, it remains entirely possible that the Government would seek to...

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12 Mar
Member News

Your Legal Options in the Czech Republic: Seek An Out Of Court Resolution Whenever Possible

As is the case in many European countries, you can seek a written agreement between creditor and debtor for acknowledgement of the debt that places the creditor in a better position in the event of a dispute. By obtaining a notarial deed between the debtor and creditor that sets out the terms of repayment, the notarial deed would be directly enforceable in the event of a default and the creditor can then start execution without the need to go to court.     Should the parties...

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12 Mar
Brexit News, Member News

Brexit and Competition Disputes

By Michael Byrne, Kate McKenna Uncertain ability to enforce UK court competition law judgments in Ireland Following Brexit, the UK will no longer enjoy the enforceability of judgments under the Brussels Regulation, under which a judgment of the courts of an EU Member State is recognised in all other Member States without any special procedure. Enforcement of non-EU judgments (which UK judgments will be, post Brexit) in an EU Member State...

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