In a decision dated April 12, 2016[1], the Commercial Chamber of the Cour de Cassation (French Supreme Court) clarified the scope of a well-established case-law according to which corporate officers/members of company boards, who are bound by a duty of loyalty towards their shareholders, must disclose to the shareholders wishing to sell them their shares […]
In South Africa, the determination of whether a foreign entity is a company or partnership is an important one as it subsequently determines the applicable tax treatment of the foreign entity. The issue of whether foreign entities should be recognized as foreign companies or foreign partnerships in South Africa, was recently brought into the spotlight once again by the Taxation Laws Amendment Act No. 25 of 2015.
The very much expected Regulation n°2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (also known as “General Data Protection Regulation” or “GDPR”) has just been published on the […]
A company subject to a raid by agents of the French Competition Authority that raises concerns during the search and seizure operations is not entitled to refer itself the matter to the Juge des Libertés et de la Détention (Liberty and Custody Judge). This can only be done by the law enforcement officers who attend […]
The objective of the so-called “El-Khomri Bill” – as was the objective of the so-called “Macron Law”, clearly not fully achieved – was to make French labor and employment law more flexible, in particular to increase the attractiveness of the French marketplace in the eyes of foreign investors. Despites the significant changes that have been […]
President Obama has now signed into law the Defend Trade Secrets Act of 2016 (“the Act”), which was passed by Congress with overwhelming bipartisan support. Effective upon the President’s signature, and applicable to any misappropriation of trade secrets on or after the date of signing, the Act creates a new federal civil remedy for trade secret misappropriation. It adds another important tool for the protection of intellectual property rights, which are often the most important assets of a business.