This article shows how requiring admissions of wrongdoing in settlement may have broad-reaching consequences, very much akin to a finding of liability after trial in any civil fraud action.
Unless You Ask: A Guide For Law Departments to Get More From External Relationships
This paper will outline some of the major areas where employee off-duty conduct intersects with the workplace, and the current “rules of the road” employers must be aware of when considering discipline or termination in such circumstances.
This articles deals with international trust and divorce litigation.
This article addresses how institutions have increasingly become alarmed at the vulnerability of their data to unauthorized disclosure driven by an employee’s desire to cash-in through a multimillion-dollar whistleblower award.
Arbitration clauses can have major consequences. This article points out rules to consider before deciding to arbitrate.
This Litigation Tip of the Month provides helpful guidelines for drafting effective, enforceable liquidated damage clauses.
Switzerland has a civil law legal system, at the crossroads between Germanic and French legal traditions. The organization of the Swiss legal and judicial system reflects the political and federalist structure of Switzerland. Civil procedure is primarily regulated by the Swiss Code of Civil Procedure (SCCP), which entered into force on 1 January 2011. It provides a unified set of rules regulating civil procedure. The SCCP aimed to eliminate these obstacles by unifying the civil procedural laws. It largely draws on existing cantonal codes, particularly those of the Swiss-German cantons. This article first sets out the legal framework applicable to civil procedure in Switzerland. It then presents the judicial organization in Switzerland and, finally, addresses selected issues of Swiss civil procedure.
Last year, the Shanghai High People's Court rendered final judgment on an antitrust dispute between two Johnson & Johnson subsidiaries in China and their former distributor in Beijing. The judgment, which overturned a lower court ruling, held that the two subsidiaries were liable for damages resulting from attempts to enforce a vertical monopoly agreement against the distributor. As the first antitrust judgment relating to vertical monopoly agreements in China, the case signals the stance of the Chinese courts towards vertical trade restraints and provides guidance for future cases.