Business and Industry Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Business and Industry.
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 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.
June 30, 2016 By Pike & Lustig, LLP
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.
June 28, 2016 By Gehres Law Group, P.C.
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.
June 27, 2016 By Youssry Saleh Law Firm
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.
June 24, 2016 By Jurado & Farshchian, P.L.
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.
June 24, 2016 By Cobb Law Group
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.
June 23, 2016 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).
June 23, 2016 By Jurado & Farshchian, P.L.
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.
June 23, 2016 By Kydalov & Partners
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.
June 22, 2016 By Jurado & Farshchian, P.L.
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.
June 22, 2016 By The Posey Law Firm, PC
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.
June 21, 2016 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.
June 21, 2016 By GRP Rainer LLP
“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).
June 21, 2016 By DAB Law Firm
Provided here is general information regarding two primary types of limited liability entities that may be incorporated in Turkey.
June 21, 2016 By Jurado & Farshchian, P.L.
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.
June 19, 2016 By HG.org
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.
June 17, 2016 By HG.org
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.
June 17, 2016 By The Posey Law Firm, PC
Startups can be an exciting but perilous time for any business owner. Make sure your startup is protected by seeking counsel.
June 16, 2016 By Jurado & Farshchian, P.L.
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.
June 16, 2016 By The Posey Law Firm, PC
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:
June 16, 2016 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
June 14, 2016 By Jurado & Farshchian, P.L.
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.
June 13, 2016 By GRP Rainer LLP
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).
June 14, 2016 By Michalopoulou & Associates
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:
June 14, 2016 By Michalopoulou & Associates
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).
June 15, 2016 By Michalopoulou & Associates
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.
June 13, 2016 By Michalopoulou & Associates
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.
June 11, 2016 By HG.org
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.
June 9, 2016 By Jurado & Farshchian, P.L.
Food trucks are becoming increasingly popular in major metropolitan areas around the country and local governments are responding by adopting regulations that govern how food trucks operate in their communities.
June 9, 2016 By GRP Rainer LLP
The Bundesgerichtshof (BGH), Germany’s Federal Constitutional Court, has ruled that advertising for textiles need not mention their composition if the promotional brochure does not offer the opportunity to order.
June 8, 2016 By Gehres Law Group, P.C.
As business litigation attorneys, we sometimes have the unpleasant task of informing clients that their “breach of contract” case is not worth pursuing because the legal fees and costs to pursue legal action are likely to exceed the recoverable amount in their case.
June 9, 2016 By Patrikios Pavlou & Associates LLC
The Republic of Cyprus and the Government of the Republic of Latvia signed in Brussels, on 24 May 2016, a Treaty for the Avoidance of Double Taxation on Income (‘DTT’).
June 8, 2016 By GRP Rainer LLP
The so-called “Panama Papers” have the potential to reveal tax evasion on a massive scale. German tax evaders can return to a state of tax compliance by way of voluntary disclosure.
June 7, 2016 By Jurado & Farshchian, P.L.
Many small business owners start with the intention of building a business that both thrives and survives for years to come.
June 7, 2016 By GRP Rainer LLP
The term “Spa” is not a generic name for cosmetics and cannot be registered as a Community trademark. That was the verdict of the General Court of the European Union in its ruling of March 16 (T-201/14).
June 6, 2016 By Dixcart Legal Limited
SPEEDREAD: A quick guide to the purpose and effect of a private limited company’s Memorandum of Association and Articles of Association, and how the Companies Act 2006 affects those of companies registered prior to October 2009 and since (i.e. companies in England and Wales).
June 6, 2016 By Mariscal Abogados
Businesses are relocating and setting up in foreign countries to avoid paying taxes in their home countries. This is having a negative impact on the EU. The EU Commission is currently trying to crack down on multinationals using tax avoidance, tax evasion and tax fraud.
June 6, 2016 By GRP Rainer LLP
In its ruling of March 16, 2016, the General Court of the European Union (EGC) confirmed that advertising for dextrose featuring health claims is not permissible (Az.: T-100/15).
June 2, 2016 By Jurado & Farshchian, P.L.
If you are in the process of starting a new business, deciding on whether or not to incorporate that business can have long-term consequences when it comes to taxation and personal liability protection.
June 2, 2016 By AMS Advocaten
Most general terms and conditions include an exoneration clause. In this clause the user of the terms and conditions limits his liability for loss due to possible failure in performance. The courts regularly have to deal with the issue how such a clause should be interpreted and whether it is in fact reasonable at all to apply this clause.
June 1, 2016 By HG.org
Many people purchase a product or agree to service because the purchase comes with a warranty. However, if a warranty is made when the business is in the process of closing down or it has already closed down, certain legal implications may arise.
June 2, 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.
June 1, 2016 By GRP Rainer LLP
Large packaging but little in the way of contents. The OLG Hamburg (Higher Regional Court of Hamburg) has ruled that this kind of misleading packaging sizes may infringe competition law (Az.: 3 U 20715).
June 1, 2016 By GRP Rainer LLP
Business succession can prove to be a crucial issue, especially in the case of family businesses. That is why the matter ought to be dealt with as early as possible.
May 27, 2016 By Zhejiang Xinmu Law Firm
Company’s Deadlock is, sadly speaking, a sort of very-often-seen disputes between Chinese and foreign shareholders and/or directors in a Sino-foreign Joint Venture company in China, so this article is about how it comes into being and how to avoid it.
May 26, 2016 By Pavel, Margarit & Associates
For individuals receiving dividends from a Romanian legal entity, starting in January 2016 it is maintained the 5% percentage of the gross dividend paid. Also, since January 2016, the persons who obtain income from dividends do not owe social health insurance contribution for that income in case they obtain income from wages, pensions, independent activities, association with a legal person, etc., except the earnings from intellectual property rights.
May 26, 2016 By Pavel, Margarit & Associates
The Customs Code establishes the general rules and procedures applicable to goods brought into or out on the customs territory of the Union and is applied uniformly throughout the Union. Starting in June 2016 will enter into force the provisions regarding the use of electronic data processing techniques for all exchanges of information (statements, requests, decisions) between customs authorities and economic operators, as well as the methods of their storage;
May 25, 2016 By GRP Rainer LLP
Health claims pertaining to foods have to satisfy strict requirements if they are to avoid infringing competition law. That was the verdict of the Landgericht Rostock (Regional Court of Rostock) in a recent ruling.
May 25, 2016 By Gill Nadel Law Office
Recent developments in the regulation of the cyber domain in Israel relating to defense export control of the cyber domain.
May 25, 2016 By Gill Nadel Law Office
The Customs Authority is authorized to delay the release of imported and exported goods if it suspects a related offense has been committed, including false or fraudulent statements, failure to submit required documents, and others.
May 24, 2016 By Gill Nadel Law Office
The intent behind the Defense Export Control law, 2007 ("the law"), and the various regulations and orders enacted thereunder, is to regulate defense export on the grounds of national security, foreign policy, international commitments, and other crucial interests of the State of Israel.
May 24, 2016 By Jurado & Farshchian, P.L.
Whether you’re an experienced business owner or an entrepreneur just embarking on your first business venture, there are certain missteps that you need to be aware of in order to avoid jeopardizing your corporate transactions.
May 24, 2016 By GRP Rainer LLP
The use of a third-party trademark in comparative advertising does not automatically constitute an infringement of trademark law. That was the decision of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice (Az.: I ZR 167/13).
May 24, 2016 By GRP Rainer LLP
Companies promoting their products need to ensure that consumers have a realistic opportunity to purchase them. That was the verdict of the OLG Koblenz (Higher Regional Court of Koblenz) in a recent ruling.
May 23, 2016 By GRP Rainer LLP
If over the course of its history a company was split up, advertising featuring the company’s history may be misleading. That was the verdict of the OLG Frankfurt (Higher Regional Court of Frankfurt) in a recent ruling (6 U 167/14).
May 19, 2016 By Shustak Reynolds & Partners, PC
President Obama recently signed into law the Defend Trade Secrets Act (“DTSA”) of 2016, which gives holders of trade secrets a new and powerful option to bring trade secret lawsuits under federal law.
May 18, 2016 By Cobb Law Group
A well-written contract is more than a fill-in-the-blank form. It's unique, it reflects your business principles, and it reflects your values. Make sure your contracts reflect the personality and the tone you desire.
May 16, 2016 By Jurado & Farshchian, P.L.
Selling a business that you have started from scratch or spent a good part of your life to build can be stressful. You want to find the right buyer who will keep things going while still getting the best possible price when you’re ready to cash out all that sweat equity.
May 22, 2016 By GRP Rainer LLP
The shares in a GmbH form part of a GmbH shareholder’s estate. Accordingly, it is important to settle early on who the company shares will go to in the event of succession.
May 13, 2016 By HG.org
Flying with miles is an advantage for those that fly regularly and is often an option with credit cards, travel programs and other incentive programs. Travelers who fly with points have the potential to realize substantial savings. However, sometimes there are problems when the person wishing to redeem the points is unable to do so or if a flight is cancelled after using points.
May 14, 2016 By Valova & Angelova Law Firm
Aiming to clarify the main points of the procedure for inheritance of company shares under the Bulgarian Commercial law
May 12, 2016 By Gehres Law Group, P.C.
Put simply, a promissory note is a written promise to pay a definite amount of money on specified date(s) or on demand. The primary purpose of a promissory note is to evidence a loan amount, interest rate, if any, and other terms on which a loan is to be repaid. Depending on the type of transaction involved, a promissory note may or may not accompany a security agreement, a deed of trust, or other contractual documents.
May 11, 2016 By Shustak Reynolds & Partners, PC
FINRA has recently filed proposed rule changes that provide much-needed clarification to how arbitration awards resulting in both sides paying money should be handled.
May 10, 2016 By Parris Whittaker, Attorney at Law
Limitation and exclusion clauses in commercial contracts regularly lead to disputes between the parties. Any guidance from the court on how these are to be interpreted is always welcome by commercial lawyers, who can then better advise their clients.
May 10, 2016 By Jurado & Farshchian, P.L.
The Family Business Institute has reported that just 30 percent of family-owned businesses survive past the next generation, with only 12 percent making it to a third generation.
May 10, 2016 By Gehres Law Group, P.C.
It is no secret that nine out of ten start-ups fail—that’s a full 90% of businesses that do not become profitable or are derailed for one reason or another. So what can you, as a prospective business owner, do to ensure you are one of the success stories?
May 9, 2016 By KCG Partners Law Firm
An Innovative and Cost-Efficient Tool for the Motivation of Employees.
May 8, 2016 By HG.org
When a pet gets sick, it can often feel like a family member is sick. While many people view pets in this light, the law has traditionally taken the view that pets are personal property. As such, if a pet becomes sick shortly after a purchase, traditional contract laws typically apply.
May 12, 2016 By ESK Law Firm
Although there are several similarities between construction law in Iran and other countries, it has its own rules and regulations which are different from the construction industry of the West. foreign contractors who enter the market for the first time must be prepared for a different environment. This article explains important aspects of construction law in Iran.
May 9, 2016 By ESK Law Firm
Considering the fact that majority of investments in Iran starts with setting up a company, many foreign investors look for reliable information about its process and requirements. At the same time, its procedure and related rules have been mentioned in the different resources which require to be collected and explained. This article is written to meet all these needs and provide all necessary information regarding establishing a company in Iran.
May 7, 2016 By Summerfield Browne Solicitors
Are you considering offering shares to someone else such as an employee? If so you might want to consider offering them different classes of share which have different rights. This might be important to protect your voting and decision making power.
May 8, 2016 By GRP Rainer LLP
The managing director of a GmbH (limited liability company) may be personally liable for payment of the company’s tax debts if he fails to discharge his obligation to ensure the provision of funds.
May 9, 2016 By GRP Rainer LLP
According to a ruling of the Bundesgerichtshof (BGH) [Federal Court of Justice], client protection clauses between a GmbH and a withdrawing shareholder are null and void if their term goes beyond what is necessary (Az.: II ZR 369/13).
May 2, 2016 By Jurado & Farshchian, P.L.
Here are the 6 Key Topics You Should Discuss With Your Business Lawyer Today.
May 2, 2016 By Loeb Smith
Shareholders of a Cayman Islands company may petition the Grand Court for an order that a company is wound up pursuant to section 92(e) of the Companies Law (As Revised) on the basis that it is "just and equitable" for it to do so.
May 1, 2016 By Jurado & Farshchian, P.L.
Franchisors are required by law to provide potential franchisees with a Franchise Disclosure Document but there are also things you should be doing on your own as part of a good due diligence process, including the following.