This article addresses when non-directors are permitted to represent a legal person and what the consequences are when unauthorized representation occurs in the Netherlands.
This article discusses how to protect your reputation on social media.
This article discusses which body of a Dutch limited company (BV or NV) is permitted to appoint or dismiss a director and the consequences of the dismissal decision.
Employers’ should be aware of the brave, committed, yet sniffling, sick, and ultimately contagious worker who has the flu and chooses to come to work. An employer has a duty under the Occupational Health and Safety Act1 (the “OHSA”) to “take every precaution reasonable in the circumstances for the protection of a worker” (s 25(2)(h)). Permitting a sick employee to continue working may compromise your duties to your other staff. It may also subject your company to financial liability under the OHSA and unwanted inspections by the Ministry of Labour. Flu season is in full swing and if you do not take preventative measures to protect your workers from an illness in your workplace, your workers may take matters into their own hands.
Many non-U.S. companies which own U.S. subsidiaries prefer to operate in such a way as to avoid jurisdiction in the U.S. courts. In order to minimize the chances of becoming a defendant subject to jurisdiction in the U.S. courts, there are certain steps – a checklist of Do’s and Don’ts – that foreign parent companies can take.
Planning on a merger, acquisition or division of (part of) a business in the Netherlands or any other EU country? Then be aware of the EU law which sets out the strong position of employees in case of a transfer of undertaking.
While the threat of an impending “doomsday” virus may seem like an outlandish prospect, real-world examples like Swine Flu and Ebola raise the question: How would your company respond to such an event? Through an understanding of key employment regulations, in-house counsel can develop precautionary strategies to help mitigate the risk of the next global health crisis.
Over the last 50 years, the word sex has been defined in strict biological terms, to sex stereotyping, and now to sexual orientation. It is doubtful that Judge Smith, as the senator was known, had any idea that sex discrimination would over time encompass discrimination against lesbian, gay, bisexual, and transgender (LGBT) employees.
As the baby-boomer lawyers retire, legal departments in the United States will be looking to replenish their teams. Unfortunately, decreasing numbers of law school graduates means that there will be a smaller pool of talent ready for in-house work. Legal departments must meet this challenge by changing their hiring practices. Learn tips for recruiting and retaining this emerging crop of millennial lawyers.
This Quick Reference lists 10 things employers should know in light of the Zika outbreak and the federal response to it.
This InfoPAK (now known as ACC Guides) provides a high level overview of the domestic mining sector, its regulatory structure and ownership, the environment and health and safety. It covers foreign ownership and tax issues ans proposals for reform in Mozambique.
Bringing a drug to market requires an extraordinary investment. In-house counsel at biotech and pharmaceutical companies routinely face the challenge of developing an IP strategy that maximizes an investment’s return. This is especially difficult when the market for approval of a drug is relatively small. This article provides an overview of the regulatory frameworks for orphan drugs in the United States and other developed and emerging markets.
A recent letter from 21 state Attorneys General to various asset managers demonstrates a focus on using antitrust and unfair competition laws to oppose ESG efforts. In this Client Alert, Latham & Watkins attorneys review the major enforcer and congressional statements over the past year that have raised antitrust and competition concerns with ESG initiatives; analyze how the AG Letter reflects a refinement of theories of harm under state and federal competition laws; and provide guidance to entities implementing ESG policies on how to minimize legal risks.
Although quite common in the United States, background checks pose a number of complex legal and social issues for international entities. Data privacy laws vary widely from country to country, and understanding local custom and practice is critical to building an international check program. Find out how to conduct background checks legally and effectively while using the results to make employment decisions.
Immigration reform continues to be one of the hottest and most controversial debates in the United States. Issues concerning immigration can, and likely will, hit your legal department. Corporate counsel need to understand the immigration process and be prepared to navigate it.
The Commission published this concept release to seek public comment regarding audit committee reporting requirements, with a focus on the audit committee’s reporting of its responsibilities with respect to its oversight of the independent auditor.
This is a Department of Justice press release about a relevant case.
This article addresses how the management of a company has to consult the works council with respect to a number of important decisions.
Situated in the heart of Europe, Switzerland is a top location for data centers and cloud services. In Switzerland, privacy and data protection are respected both by law and in practice. Learn more about why Switzerland is such an attractive location.
This article shows how reasonableness and fairness play a crucial and special role in Dutch law.
This blog focuses on the Biden Administration’s announcement on its intention to end the COVID-19 public health emergency (PHE) on May 11, 2023. For Federally Qualified Health Centers (FQHCs), flexibilities offered under the PHE expanded opportunities to be paid for telehealth services, particularly for Medicare patients. Any FQHC relying on PHE flexibilities should begin preparing for the end of the PHE to ensure its service offerings are in compliance with post-pandemic requirements.
By understanding the 10 practical steps to take before, during, and after your next calamity, in-house counsel can be better prepared to seize the moment and overcome any scenario.
This article focuses on core types of intellectual property frequently used on a global basis.
Retirement isn't as simple as flipping a switch. As with any major life decision, planning for a successful retirement takes time, effort, and commitment. Retirement doesn't necessarily preclude all work, however. This guide presents the stories of two lawyers who put thought into their transition and were able to stay busy and intellectually stimulated.
This is a sample HIPAA policy.
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