On 19 March 2013, under file No XI ZR 431/11, the German Federal Supreme Court clarified the circumstances in which an investor may have a misselling claim against a “direct bank” (i.e. a bank holding an account for the deposit of securities on an execution-only basis only).
The purpose of this brief note is to help market participants make contingency plans where the political crisis involving Ukraine results in sanctions and embargoes, exchange controls, expropriations and the break up of Ukraine. It focuses in particular on the legal impact these events might have on financial contracts, such as bond issues, bank loan agreements, deposits and investments. It does not deal with wider political and economic consequences, such as the impact on a country’s economy and its banking system.
This article summarizes the 2013 reform of the German Competition Law and assesses the potential impact on competition practice in Germany.
Effective management of business funds is a very important goal for a company with several foreign branches or affiliate companies. One strategy for achieving effective funds management is to implement a cash pooling arrangement (including a cash management system). There are two types of cash pooling arrangements: actual cash pooling and notional cash pooling. This article provides information on both types.
An article discussing the use of social media outlets such as Facebook and Twitter by employees, and what employers need to consider when employees use these outlets on or off of the clock.
The end of 2013 and early 2014 saw a variety of proposals and developments in Canada on a range of corporate governance matters. Here are a few areas to watch over the course of 2014.
This article asks what we should be worrying about: the ‘management knowledge-captured board.’
The paper identifies three issues related to the economics of public interest provisions. Firstly, the paper considers the problem of using public interest provisions as motivation for arbitrary (rather than systematic) interventions in competition cases. The paper relates the problem to broader economic policy uncertainty. Secondly, the paper considers the relationship between public interest objectives and the welfare standard in South African competition cases. Thirdly, the paper considers the analytical requirements for investigating public interest issues, including the need for dynamic rather than static analysis as well as the problem of ‘merger-specificity’, especially in relation to job losses.
● Responding to activist challenges in the boardroom.
● Building the boardroom of the future—effective “board refresh” practices.
● Emerging issues and priorities for nominating and governance committee chairs.
This article is a report on a survey on corporate responsibility.