Business and Industry Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Business and Industry.
September 26, 2016 By Summerfield Browne Solicitors
Contracts often become the centre of commercial disputes. The five necessary key components of a legally enforceable contract are offer, acceptance, consideration, intention to create legal relations and certainty of terms. If any one of these are absent, or disputable then it may mean that a legally enforceable contract was never created.
September 26, 2016 By GRP Rainer LLP
Claims arising from a D&O (Directors & Officers) insurance policy can be ceded to the employer. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, in its ruling of April 13, 2016 (Az.: IV ZR 304/13).
September 26, 2016 By GRP Rainer LLP
Infringements of competition law or antitrust law can prove to be costly for businesses. That much is clear from the annual report for 2015 that was recently published by the Bundeskartellamt, Germany’s Federal Cartel Office.
September 26, 2016 By Abogados Lombardi Aguilar Group
Decree Law 5 of 1997 included several improvements for the redomiciliation and powers of attorney for corporations which are still useful today
September 22, 2016 By Hazim AL-Madani Law Firm
Saudi Arabia’s economy showed an impressive performance in the retail sector as per survey of 2015. Saudi Arabia’s retail sector is the largest in Gulf Cooperation Council (GCC), representing 42% of the council’s market size, followed by the UAE (29%) and Qatar (11%).
September 21, 2016 By iLex Law Firm Armenia
To conduct a business activity in Armenia registration of a company, basically of an LLC is required. The expediency of a business activity, by means of a LLC registration, is firstly conditioned by the legislative opportunity of incurring limited liability. The founder of a company, as compared to the registration of a PE, does not put his/her property at a risk in the case of suffering losses.
September 19, 2016 By Danos & Associates LLC
Having one of the lowest corporate tax rates in Europe and a wide network of double tax treaties, Cyprus is a very attractive and established jurisdiction for registering companies. The country is well known for the high standard of service providers such as law firms and accountants. English is widely spoken and the country has a pro-business environment and investor-friendly mentality. This article examines the advantages and process of setting up a company in Cyprus.
September 16, 2016 By Gehres Law Group, P.C.
Big rewards can be reaped by owning investment properties, but so too can big risks. One common threat real estate investors wish to avoid is personal liability for judgments resulting from a lawsuit.
September 14, 2016 By GRP Rainer LLP
It is important to bear in mind when removing a managing director from his post for good cause that an employment relationship exists as well. These two legal relationships ought to be considered separately.
September 14, 2016 By Mariscal Abogados
The franchise contract in Spain has no specific regulations, although there are some pre-contractual duties that the franchiser must fulfil in order to give greater protection to the franchisee, which is always considered the weaker party.
September 12, 2016 By Jurado & Farshchian, P.L.
Investing in a franchise is attractive for many people seeking to own their own business since you are purchasing a proven business model and get assistance from the franchisor in marketing and other important business operations.
September 12, 2016 By Apfelbaum Law
Do you have an idea for a business and want to get started on the right track? Do you want to reduce your personal liability exposure from the business’ liability? Do you want to go into business alone or with others, and properly differentiate each other responsibilities and obligations? If so, you may want to consider setting up a limited liability company or commonly referred as “LLC”.
It is possible to believe the innovations of the Sharing Economy are due to a collective and empowering business model that places the emphasis on the individual and that this is a revolutionary outgrowth of information accessibility. However, one would be dismissing the very economic fundamentals that are the foundation for future growth and prosperity of the larger global economy.
By failing to prepare, you are preparing to fail.” Wise words from Benjamin Franklin. From day one most Israeli entrepreneurs are already looking for their exit. Unfortunately they are not always prepared and preparation is the key.
“In this world nothing can be said to be certain, except death and taxes.” Benjamin Franklin strikes again. However, in the world of high tech and Israeli tax there has been some uncertainty as to whether entrepreneurs, whose shares are subject to a reverse vesting mechanism or a holdback upon their sale, should be paying income or capital gains tax.
Nearly every discussion on the status of the Tel Aviv Stock Exchange (TASE) questions whether Israel’s corporate governance rules have contributed to the downtrend in the number of companies listing on it.
September 7, 2016 By Kenton Miles Legal Network
Doing Business in Italy - It should be noted that there are subtle differences compared to other countries and it is important that these are understood before deciding to set-up a company in Italy.
September 6, 2016 By Angela Wang & Co.
On 24 March 2016, the PRC Ministry of Finance (“MOF”) and the State Administration of Taxation (“SAT”) jointly released the Notice on the Comprehensive Roll-out of the Business Tax (“BT”) to Value Added Tax (“VAT”) Transformation Pilot Programme (Circular Caishui  Number 36) ("Circular").
September 6, 2016 By Kydalov & Partners
Changes to the legislation of Ukraine for small and medium-sized businesses.Recent projects of changes in legislation concern primarily small and medium business, as this business actively uses organizational and legal forms of business such as limited liability company (more than 95% business associations have just such legal form) and company with an additional liability.
September 6, 2016 By GRP Rainer LLP
One important issue when establishing a company is choosing the appropriate legal form.
September 6, 2016 By GRP Rainer LLP
The favourable environment is contributing to the increasing significance of M&A transactions among German businesses again, with mergers and acquisitions supposed to be a way for companies to strengthen their market position.
August 31, 2016 By Gehres Law Group, P.C.
It is often the case that a purchaser of a business does not have the resources for a full cash sale and will request that the seller finance some of the purchase price. This can be advantageous for both parties, but requires that the parties consider a number of issues, as we highlight in this article.
August 31, 2016 By Hammond, Minciu and Associates
The first question international clients usually ask lawyers in Romania is how long will it take to incorporate a company. For an experienced law firm, that should be an easy question to answer, but like most things in the current business world, the answer is not as simple as the question would lead you to believe.
August 30, 2016 By JGPC Lawyers
One type of entity people sometimes ask us about is the California statutory “close corporation.” In general legalese a “close corporation” means a closely held corporation, a corporation that has only a few shareholders, usually people who work for the corporation.
August 29, 2016 By Jurado & Farshchian, P.L.
The global fashion industry has emerged in the 21st century as one of the fast-growing and most dynamic economic sectors in the world.
August 26, 2016 By Watkins Firm, A Professional Corporation
Individuals and business interests in San Diego are often denied coverage under valid insurance policies. The first question to be answered is: “Does the coverage in my policy cover the specific circumstances of my claim?” The second question to be answered is: “Is the insurance company acting in good faith with respect to my policy claim?”
August 26, 2016 By Watkins Firm, A Professional Corporation
What constitutes insurance “bad faith” in California? What can a policy holder do to hold an insurance company responsible and accountable for the protections of a valid policy? California insurance law is quite complex, and a policy holder should never attempt to interpret or take action against an insurance company without strong legal advice and representation.
August 24, 2016 By GRP Rainer LLP
Since the beginning of the year, the MS Conny Schifffahrtsgesellschaft mbH & Co. KG (a shipping company) has been the subject of insolvency proceedings (Az.: 504 IN 16/15). The fund vessel MS Cornelia now appears to have been sold.
August 19, 2016 By MMLC Group
On August 5, 2016, the State Administration of Industry & Commerce (“SAIC”), released a draft of the Regulations on the Implementation of the Law on the Protection of Consumer Rights and Interests (“the Regulations”) for public opinion solicitation. This article reviews the main issues raised.
August 18, 2016 By Rajkishore Associates
The two houses of the Indian Parliament recently passed an historic bill which aims to enact a common goods and services tax (GST) among the federal and the state governments of the Republic of India.
August 17, 2016 By Belyaev & Belyaev
The registration process to the prospective founders of a Latvian limited liability company (in Latvian: Sabiedrība ar ierobežotu atbildību or SIA) involves several stages:
August 17, 2016 By Jurado & Farshchian, P.L.
While the worlds of law and fashion may seem as far apart as one can imagine, legal matters are inseparable from any career or aspirations in the fashion industry. To understand why fashion law is so important, one must start with what it is and why it should matter to you.
August 18, 2016 By GRP Rainer LLP
Unauthorized private use of a work computer can justify dismissal without notice. That was the verdict of the Landesarbeitsgericht (LAG) Sachsen-Anhalt [Regional Labour Court of Saxony-Anhalt] in its ruling of May 26, 2016.
August 19, 2016 By Jurado & Farshchian, P.L.
Typically, most business people do not want to be in a situation where they feel compelled to get out of a contract before the end of the contract term.
August 17, 2016 By Aleksey Pukha & Partners
In accordance with the Constitution of Ukraine, foreigners and stateless persons who are in Ukraine on legal grounds enjoy the same rights and freedoms and also bear the same duties as citizens of Ukraine.
August 12, 2016 By Gehres Law Group, P.C.
If you are selling or leasing your home, you must comply with the Real Estate Transfer Disclosure Law. That law requires that sellers provide the prospective buyer with a Real Estate Transfer Disclosure Statement (“TDS”).
August 11, 2016 By Apfelbaum Law
A written contract plays a vital role in any business transaction. Apart from making the agreement between concerned parties legally binding, contracts can also serve as future references, part of the business’ policies, as well serve as proof in the event of misunderstandings, complaints or disputes needing litigation proceedings
August 10, 2016 By Hammond, Minciu and Associates
In Romania, and perhaps in the rest of Europe, little attention seems to be paid to Data Protection and the implication of the regulations which are passed both at European Union and Romanian National level.
August 10, 2016 By B&R Latin America IP LLC
The Internet has become an important business tool for brand promotion. Any company that wants to successfully put its products or services across to the public can’t get around the benefits of the global online market anymore.
August 8, 2016 By Josh and Mak International
Is your foreign company trying to set up a business arrangement in Pakistan?
August 3, 2016 By GRP Rainer LLP
The Bundeskartellamt, Germany’s Federal Cartel Office, has imposed fines totalling 242 million euros due to illegal price-fixing agreements between manufacturers and trading companies.
August 3, 2016 By Jurado & Farshchian, P.L.
Contracts are integral to the success and smooth functioning of every industry, and fashion is certainly no exception.
August 2, 2016 By GRP Rainer LLP
When it comes to fixed-term employment contracts linked to a specific assignment, employers need to take care and precisely define when the assignment in question has been fulfilled. Temporary employment can otherwise turn into a permanent position.
August 2, 2016 By Youssry Saleh Law Firm
Corporate re-structuring and M&A occupy a significant share of the corporate finance world. M&A transactions resulting in a formation of a larger entity. Corporate finance deals with the other side of the coin as well and does the opposite by minimizing organizations through spinoffs or tracking stocks.
July 27, 2016 By GRP Rainer LLP
Efficient compliance management systems (CMS) exist primarily to protect one’s business and are becoming an increasingly crucial factor for many small and medium-sized firms.
July 27, 2016 By Apfelbaum Law
In most states, including Florida, it is not required for a Limited Liability Company (“LLC”) to have an Operating Agreement, but it is always recommended to create one. The reasons are several, as we shall see below.
July 21, 2016 By Aleksey Pukha & Partners
The complexity of procedures for implementing surrogacy requires fixing contractual relationships between the parties and fixing the potential risks for each party.
July 21, 2016 By GRP Rainer LLP
Anyone who withdraws from a real estate loan concluded between 2002 and 2010 stands to potentially benefit from low interest rates and save a lot of money. Having said that, withdrawal only remains an option until June 21, 2016.
July 21, 2016 By Hammond, Minciu and Associates
Being an employer in any jurisdiction seems to become more complicated as time goes on. I was recently reminded of this when we were advising an international client of the Firm on employment issues in Romania.
July 21, 2016 By Planet Depos
Litigation involving foreign witnesses can be challenging. Paralegals will no doubt find that their cases will require the services of both deposition interpreters, also known as legal interpreters, and realtime court reporters who are up to the task.
July 20, 2016 By Kydalov & Partners
The most plausible reason of getting an immigration permit is making investments to the Ukraine economy by a foreigner, that is a convertible currency in the amount not less than one hundred (100) thousand USD registered in the proper order
July 19, 2016 By Jurado & Farshchian, P.L.
There are many reasons franchisees decide to sell their franchise – life changes like death, divorce or retirement comes to mind – and if you are looking at investing in a resale franchise, you should neither discount nor leap into it without careful investigation.
July 19, 2016 By GRP Rainer LLP
At the end of March, the Bundeskartellamt, Germany’s Federal Cartel Office, imposed fines amounting to around 21 million euros against the so-called “Sanitär-Kartell” (cartel in the sanitary sector) on account of anti-competitive agreements.
July 20, 2016 By Jurado & Farshchian, P.L.
If you are opening a new restaurant in Florida or are the new owner of an existing restaurant, you are required by law to obtain a business license from the Florida Department of Business and Professional Regulation’s Division of Hotels and Restaurants before you can begin operation.
July 18, 2016 By GRP Rainer LLP
Advertising for pharmaceuticals is impermissible if the content of a promotional statement is not based on sound scientific evidence. That was the verdict of the Oberlandesgericht Koblenz (OLG) [Higher Regional Court of Koblenz].
July 16, 2016 By HG.org
If a party sues for breach of contract, the onus is on that party to prove the validity of a contract. This party has the duty to show that all of the necessary elements are present. The following elements must be in all valid contracts
July 18, 2016 By Pisut and Partners Co., Ltd.
Having gained experience in providing legal advice to private companies and joint-ventures involving a Thai-based partner, it has become apparent that disputes in business operations tend to arise from the appointment of key management who are not favored by the other business partner.
July 14, 2016 By The Posey Law Firm, PC
Starting and running a small business has never been more challenging. Now more than ever the small business owner has to navigate a patchwork of confusing and oftentimes contradictory laws and regulations that can add extra costs to legal compliance.
July 13, 2016 By Kydalov & Partners
The Law of Ukraine "On amendments to some legislative acts of Ukraine on the protection of investors" included a norm of judicial consideration of disputes between business entity and its official by the economic courts to the Economic Code of Ukraine, even after his official powers have been terminated.
July 12, 2016 By GRP Rainer LLP
Declarations of discontinuance are a possible consequence of violations of competition law. They can be tied to a condition, but for this to happen strict requirements need to be met.
July 12, 2016 By Hammond, Minciu and Associates
Most investors and companies that wish to incorporate a company in Romania chose to form a limited liability company (SRL). As Romanian lawyers we are often asked to advise on the type of company to be formed. In many cases we agree with the client’s initial instructions as to the form of the company to be incorporated.
July 12, 2016 By Jurado & Farshchian, P.L.
July 12, 2016 By Shustak Reynolds & Partners, PC
Last fall, the SEC initiated disciplinary proceedings against financial advisor and self-proclaimed “Financial Myth Buster” Dawn Bennett, accusing her of publicly inflating her client assets under management (or “AUM”) and exaggerating her investment returns.
July 12, 2016 By Youssry Saleh Law Firm
In general : Business entities in Egypt that have been incorporated after the enactment of the Law 8 of 1997 enjoy further guarantees and incentives.
July 8, 2016 By Youssry Saleh Law Firm
Consider: the case of foreign entities marketing their products to Egypt directly without the requirement of business entity incorporation in Egypt but with the help of certain form of representation.
July 7, 2016 By B&R Latin America IP LLC
Franchise agreements: In general terms, a franchise agreement is a contract in which one part known as franchiser, allows the use of its intellectual property (Know-how, trademarks, patents, copyrights, etc.) to another person, called the franchisee, with the aim of economically exploit a business or company within a given geographical area.
July 6, 2016 By Jurado & Farshchian, P.L.
One of the most common business disputes involves a breach of contract, where lawsuits are filed because one party believes another party has failed to deliver on the terms of a written – or sometimes oral – contract.
July 6, 2016 By Kydalov & Partners
The company name is a very important part of the business, because thanks to their names companies can promote their brand in the market, shape the perception of consumers, a name can become a trademark, etc.
July 6, 2016 By AMS Advocaten
In a recent case before the Court of Appeal of Amsterdam, a dismissal of a company’s own application for bankruptcy was upheld in appeal. The Court of Appeal found that the authority of a company to apply for its own bankruptcy had been misused. When is there misuse?
July 5, 2016 By Summerfield Browne Solicitors
If you are selling a business then you should ensure that you minimize any ongoing commercial liability by limiting or excluding liability under the corporate warranties or indemnities.
July 6, 2016 By DLF Attorneys at Law
The long announced plans of Ukraine in relation to massive privatization are being gradually implemented. The importance of privatization is backed by the need, on the one hand, to fulfill the state budget, and, on the other hand, to increase the effectiveness of state enterprises’ management.
July 5, 2016 By Youssry Saleh Law Firm
Legal Framework: Post 25th of January, 2011 Revolution Direction following Revolution of 25th of January, 2011, Egypt has been heading towards the future in a slightly different track. Political and economic distress has led to significant changes in the political, economic and legal landscapes.
Business owners place significant faith in the hands of their employees. Unfortunately, sometimes this trust is misplaced and insider employees commit major fraud against the business. Florida companies of all sizes have been seriously damaged by employee business fraud. If you believe that your company has been victimized by an employee, please contact an experienced West Palm Beach business fraud attorney for immediate legal assistance.
It often happens, when negotiating business deals, that one or both of the parties wants some assurance that their negotiations are serious and will ultimately result in a binding contract rather than a waste of valuable time.
Import is strictly regulated by the Egyptian government permitting Egyptian nationals only and fully owned and managed Egyptian companies to import into Egypt. For importation into Egypt for the purpose of trade, companies/individuals should register with the Register of Importers.
On March 24, 2015, the U.S. Citizenship & Immigration Services (“USCIS”) issued a draft policy memorandum on L-1B adjudications, calling for feedback by May 8, 2015, before the policy becomes effective on August 31, 2015.
Creditors who have sued (and won), may find that the debtor has moved its business operations or move its assets to another state. When this happens, the creditor should consider domesticating their judgment in the new state.
By Kaass Law
If you are an officer, president, or owner of a California corporation and have been served for purposes of a lawsuit or pending legal proceedings it is vital that you hire a business defense attorney to represent you in court. Pursuant to Paradise v. Nowlin (1948) 86 C.A.2d 897, Code of Civil Procedure § 116.540(b).
For the majority of cities and places, development is a good thing. Not only is it often a sign of economic growth, it can also mean additional jobs being brought into the area, especially when the projects include office buildings, warehouses, and other commercial properties.
Business acquisition is a complex and long process that can confound even the most experienced businesspersons, because different business aspects, legal aspects, and human factors are important. This article will show you basic errors.
The primary benefit of establishing a business as a limited liability company (LLC) is asset protection. The personal assets of LLC owners are protected from business liabilities — including debts and litigation — as long as the LLC is maintained properly.
Partnerships are simple business entities to form but they do have inherent risks. Make sure you evaluate every aspect of your potential partnership before you move forward.
By Kaass Law
Whether you are a foreign citizen willing to work in the US or an US employer that wants to hire a foreign employee, below are a number of questions Business Startup Attorneys encounter regarding H-1B visa.
“Vegan” on the outside means it’s not cheese on the inside. That was the verdict of the Landgericht Trier (Regional Court of Trier) in its ruling of March 24, 2016 (7 HK O 41/15).
By DAB Law Firm
Provided here is general information regarding two primary types of limited liability entities that may be incorporated in Turkey.
Since Florida law does not require limited liability companies (LLCs) to have an operating agreement, owners may wonder if they really need one. As experienced Florida business attorneys, our answer is an unequivocal yes.
In the advancing technological age, many business relationships end before their allotted time due to complications or violations in policy. Some employees or partners are unable to complete the demands of the business, violate regulations or breach a contract.
A civil case is a claim that typically deals with contracts or business matters. Torts are usually negligent acts that end in damage or harm. Civil cases may occur through the intentional or negligent actions of others. For most civil cases, the remedy is money damages.
Startups can be an exciting but perilous time for any business owner. Make sure your startup is protected by seeking counsel.
Business owners are usually so focused on running their business that they neglect to plan for the day when the business will need to run without them.
Negotiating a contract is something that many small business owners don’t have a lot of experience or background in doing. Jake Posey and the attorneys at The Posey Law Firm, PC are capable and experienced at negotiating contracts on behalf of small businesses. Here’s what every small business owner should know about negotiating a contract:
By Kassouni Law
California land use lawyers have filed suit against the Association of Bay Area Governments in an effort to preserve Californians' constitutionally protected property rights
An operating agreement is your LLC’s contract describing the method of operation of the LLC. It sets out rules that govern issues such as partnership arrangements, voting powers, profit sharing, management structure, and company dissolution.
On March 18, 2016, the General Court of the European Union ruled that the well-known novel character Winnetou shall continue to enjoy trademark protection (Az.: T-501/13).
Whistleblowing as corruption-fighter, is also known as a practice that deals with one of the most serious social issues of our time. A whistleblower reports any illicit incidents or corrupt practices. The following questions then emerge:
Medtech Europe represents the medical technology industry in Europe. It is the alliance of the two leading medical technology industry associations, EUCOMED (which represents the European medical devices industry) and EDMA (which represents respectively the European in vitro diagnostic industry).
The use of pesticides in food, especially when growing fruit and vegetables, is now commonplace; farmers use pesticides in order to preserve or even increase their yields. Nevertheless, there are several risks regarding consumer safety and questions arise on the allowed pesticide residue quantities in food meant for consumption.
On October the 5th, 2015, the EU Council of Ministers agreed on its baselines on the looming two Regulations on medical devices and in-vitro medical devices. Closely related to the Commission’s relevant proposal and the adjacent EU Parliament and EU Council reports, both Regulations will aim to modernize the existing legislation, taking into account the latest advancements in medical technology and the need for high protection of patient safety.
Many consumers are influenced to purchase a product because a guaranty is offered on the product. This guaranty instills confidence in the consumer. However, when a manufacturer does not comply with the terms of the guaranty, legal issues may arise.