Business and Industry Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Business and Industry.

M&A: Due Diligence Analysis When Buying a Company – Germany

A Due Diligence analysis when buying a company means to investigate the company in an economic, legal and technical sense prior to signing the...
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No Time Limit In Trademark Delimitation Agreements – Trademark Law

Unless a trademark delimitation agreement concluded between two competing companies for the marketing of a product states otherwise, no time...

The Differences Between Commission’s Assessment of Vertical Mergers before the Merger Guidelines - Turkey

Previously the Commission’s competitive assessment of vertical mergers focused predominantly on the parties’ ability to foreclose rivals. The...

European Merger Guidelines in Practice

According to the European Merger Guidelines, “for the Commission to take account of efficiency claims in its assessment of the merger, the...

Expert Opinion Comparing Handwriting In Cases Of Doubt As To Whether A Will Is Authentic And Holographic

Doubt as to whether a personally signed will is authentic and holographic can be removed with the help of an opinion comparing handwriting.

Whistleblowers Programs Could Help Regain Funds From Tax Dodgers

According to the California Franchise Tax Board, the state is owed more than 6.5 billion dollars in tax revenue. Some contend that...

Why License Video Games?

Generally speaking, the underlying code of a video game is protected as a literary work, and the artwork and sound are protected as an...

Notice Periods for Sales Representatives May Be Inappropriate – Germany

Under certain circumstances, standard provisions regarding agreed-upon notice periods for sales representatives may be inappropriate.

Fiduciary Duties between Manufacturers And Distributors – Germany

A manufacturer should reasonably accommodate the needs of the distributor worthy of protection and not contravene its interests without...

New Regulatory Initiatives Strengthen Corporate Governance - Turkey

As the Turkish economy continues to grow and the country transforms itself into a regional economic hub, Turkish companies have already started...

Are There Any Foods That Are Illegal To Eat in the United States?

  By HG.org
Over the last few years, the American palate has broadened considerably with flavors from every corner of the globe popping up everywhere. But...

When Is The Obligation To Compensate Under A Partnership Agreement Contrary To common Practice?

To decide whether provisions under a partnership agreement are contrary to common practice, it is necessary to take all the circumstances into...

HK New Companies Ordinance: Registration of Charges

The long waited legislative process of the new Companies Ordinance (“New CO”) was completed on 17 July 2013 and the new law is now expected to...

Establishment of a Limited Liability Company (GmbH) – Germany

A GmbH can be established not only for commercial purposes, but also for non-commercial or non-material purposes.

Compensation for a Decrease in Equity Can Only Be in the Form of Damages Paid to the Company – Germany

Compensation for decrease in a shareholder’s equity in a company can only be claimed in the form of damages paid to the company and not to the...

What is a Liquor License and Why is it Such a Big Deal?

  By HG.org
A liquor license is, as the name implies, a license for the service of alcohol. But, many have referred to the procurement of a liquor license...

Impermissibility Of Unfounded Time-limitation Even When Longer than Three Years Since Restriction

The unfounded restriction of an employment relationship is impermissible even when it is longer than three years since the time-limitation.

Occupational Duty of Care Not Decisive When Judging Misleading Business Practice – Germany

In asking whether a business practice is misleading, one does not have to address compliance with the occupational duty of care; rather, it is...

Commercial Law:-Structuring Shareholders’ Agreements to Maintain Healthy Business Relationships

When persons get together to start a business, they generally share a common vision and goal for the business. However, as the journey...

Voting Rights of General Partners of an Asset Management Company – Germany

Multiple voting rights laid out in the articles of association for the adoption of resolutions concerning changes thereto cannot be granted to...

Buying and Selling Private, Closely Held Businesses

Buying or selling a business is a complex process. Legal, tax, accounting, valuation and psychology issues are all involved. This seminar and...

Exit & Succession Planning (Long Version)

Exit Planning, as I practice it, is a system and a process to help business owners exit their business with maximum tax efficiency and with...

California Franchise Registration

California requires franchise registration. You must register with the California Department of Corporations if you want to sell franchises in...

San Diego Business Law - Important Considerations in Selecting a Business Entity

Welcome back to our San Diego Business Law blog series! In this week’s blog we are going to address some things you should consider when...

Advertising With Third-Party Brand Names Not Allowed – Trademark Law

A trademark owner can enforce injunctive relief if a business uses a third-party trademark as part of its own advertising.

Promotional Advertising Of Dental Services Is Anti-Competitive – Competition Law

In the view of the Regional Court of Cologne, offering dental services and their prices via an online coupon portal constitutes anti-competitive...

Patent Expirations Creating Opportunities for Biotech M&A

With patent expirations large pharmaceuticals are facing, there has been a tremendous opportunity for growing biotech companies.

What Are Consumer Rights?

  By HG.org
The phrase “consumer rights” is thrown around rather freely these days. But what are consumer rights? Are they written down somewhere? Where do...

Exclusion of the Lessor’s Contractual Liability under a Leasing Contract – Germany

If the lessor’s contractual liability is excluded by transferring the legal warranty claims to the supplier, the lessor has certain special...

Cyprus Implements New EU Directive on Combating Late Payment in Commercial Transactions

In order to protect European businesses, in particular SMEs, against late payment and to improve their competitiveness, a new Directive...

How to Prevent Seizure of Properties Raiders?

The press increasingly writes about the decline of investment attractiveness of Ukraine, reducing the amount of investment, including investment...

The General Partnership In Corporate Law – Germany

The General Partnership [Offene Handelsgesellschaft - OHG) is a personal type of firm that operates a business under a company name.

No Deduction Of Vacation Pay Entitlement In Case Of Dismissal With Proper Notice – Employment-Law

Employers must not deduct any vacation pay entitlement when releasing employees from their obligation to work.

Dominican Republic Limited Liability Companies

Usually the commercial entities in the Dominican Republic are incorporated as a Limited Liability Company or Sociedad de Responsabilidad...

Use Of A Computer Inventory Control System Based On A Franchise Agreement – Franchise Law

The right to use a computer inventory control system depends in particular on the provisions of the franchise agreement and any amendments...

What is the Statute of Frauds?

  By HG.org
When dealing with a contract dispute, particularly in the case of an oral contract, one may hear the term “statute of frauds” used. This does...

What to Do if You Suspect Securities Fraud

  By HG.org
After the recent financial problems of the first part of the 21st century, it is natural for investors to be wary of those who handle their...

Fraud Claims in Business Transaction Litigation - Canada

Fraud in business transactions is on the rise in the province of Ontario, Canada. Litigating business transaction claims involving fraud...

Imitation Of A Grooves Design Of Cases Potentially Unfair – Intellectual-Property-Law

Under certain circumstances, the grooves design of a case can be competitively unique and therefore constitute a performance outcome worthy of...

Lost Property - Ukraine

At the first glance, the question itself seems to be a little bit absurd: how can you lose the property? But the reality is often such that...

Social Review Sites Fight Back Against Law Firms Posting Fake Reviews

  By HG.org
Attorney advertising is a fairly new phenomenon in many jurisdictions. Rules of various state bar associations have eased over the last two...

Intent to Use Trademark Applications

One of the pieces of information you’ll need to disclose to the government during your trademark application process is whether or not you’re...

The Basics of American Franchising

  By HG.org
Perhaps you have seen an advertisement at a restaurant suggesting that you can open your own franchise and make a lot of money. Or, have you...

Immoral But Not Always Illegal: Price Gouging After Natural Disaster

  By HG.org
The recent floods in Colorado have brought a problem to the forefront: post-disaster price gouging. While 35 states have made this a crime,...

Fiduciary Duty Exist between Entrepreneurs and Sales Representatives – Germany

Under certain circumstances, the principles of loyalty between an entrepreneur and an official distributor can also be applied to the...

What Do Lawyers Look For When Evaluating Contracts?

  By HG.org
Corporate attorneys are frequently asked to assess various contracts that their clients bring to them. Generally, clients only want to know...

Hiring Children of Foreign Officials May Expose Bank to Bribery Charges

  By HG.org
America's largest banking institution is facing charges under the Foreign Corrupt Practices Act for a practice of hiring the children of foreign...

When Businesses Commit Crimes, How Are They Handled and Who is Held Responsible

  By HG.org
We are all familiar with the idea of individuals committing crimes and facing the consequences of those actions. But, what happens if a...

Shake App Puts Legally Binding Document Creation in the Palm of Your Hand

  By HG.org
Have you ever been out of the office or away from home, meet someone, strike up a conversation, and realize you want to do business with that...

Protecting Your Intellectual Property

There are four main areas of intellectual property that any company or individual must protect because it is so easy to do so and can save you a...

Evaluation of Majority Voting Rights in a Public Limited Partnership – Germany

If the partner of a Public Limited Partnership is granted a majority voting right for a resolution to amend the partnership agreement of the...

Loyalty between Entrepreneur and Sales Representative – Germany

Under certain circumstances, the principles of loyalty between an entrepreneur and an official distributor can also be applied to the...

Before Establishing a Private Limited Liability and Join Stock Companies in D.R. Congo under OHADA Law

This article discusses about the Join stock companies and the Private Limited Liability Companies in Democratic Republic of Congo under OHADA...

Formation, Incorporation, Management of Companies under OHADA Law of Companies in Democratic Republic of Congo

This article discusses the OHADA law of companies in regard to shareholder and shares, articles of association, registered office, duration,...

The Evaluation of Multiple Voting Rights in a Public Partnership – Germany

If the articles of association of a public limited partnership grant the general partner multiple voting rights in the context of passing...

Choosing the Right Vehicle: Determining the Right Business Structure for your Joint Venture Need

Joint venture arrangements are becoming an increasingly popular way for existing commercial actors to collaborate in working on new business...

Enforcement of a Foreign Judgment in Turkey - Is It Possible to Enforce Chinese Judgments in Turkey?

This article aims at explaining enforcement of foreign judgments obtained from Courts of China in Turkey. It explains the procedure of...

The Cayman Merger Law Regime

Amendments to the Companies Law (as Revised) of the Cayman Islands (the “Law”) has streamlined the mechanics for implementing mergers involving...

The Types of Business Entities Available in California

Building a business is both an exciting and extremely stressful time and selecting the appropriate legal form for your business can be a...

Buy-in and Buy-out of Veterinarians to a Veterinary Group

Veterinarians come and go from larger veterinary groups. When a veterinarian enters a practice as a shareholder or partner, the practice should...

Buy-in and Buy-out of Accountants to an Accounting Group

Accountants come and go from larger accounting groups. When an accountant enters a practice as a shareholder or partner, the practice should...

What’s the Difference Between a Franchise and Seller Assisted Marketing Plans, Business Opportunities...

In this article I quickly explain the difference between franchises and seller assisted marketing plans, business opportunities, multilevel...

India's New Companies Bill - How It Impacts Foreigners Doing Business in India

The Companies Bill, 2013 has been passed by the two houses of Parliament of India and is awaiting the assent of the President, which, when...

The Logistics Contract in Commercial and Transport Law - Germany

The logistics contract is a so-called mixed-type agreement found in commercial and transport law.

The Relevance of Cybersecurity Risk Management - Malta

The majority of enterprises nowadays rely on information technology as an essential tool for meeting their business objectives as well as...

Distribution and Sale of Used Software Licenses - Germany

The rights of software licenses may not simply be transferred with the sale of authenticity certificates.

Understanding the Differences Between Corporations, LLC's, and Partnerships

  By HG.org
Congratulations on your decision to start a new business. The question you may be asking, though, is what kind of business you should form? What...

Breach of Contractual Ancillary Obligations in Leasing Law - Germany

The lessor is possibly subject to fulfilling the contractual obligation to make best possible use of its a leased asset if a lessee is...

BGH: No Additional Expenses for Subsequent Performance According to Sales Law - Germany

Whenever a contractor or businessman buys a defective item from another contractor, delivery of a defect-free item may be demanded but not...

Immediate Termination of a GmbH Managing Director - Germany

In determining the valid grounds of immediate termination of a Managing Director, the knowledge available to the parties in regards to the...

Entitlement to Part-Time Work after Parental Leave - Germany

The employer of an employee returning after parental leave must provide for a part-time employment option.

Stark and Anti-Kickback Laws Regarding Physician Employment and Contractor Agreements

In this article, the author briefly outlines the legal requirements for paying compensation to a physician-employee and to a...

Buy-in and Buy-out of Physicians to a Medical Group

Physicians come and go from medical groups. When a physician enters a practice as a shareholder or partner, the practice should prepare for the...

Buy-in and Buy-out of Dentists to a Dental Group

Dentists come and go from dental groups. When a dentist enters a practice as a shareholder or partner, the practice should prepare for the...

Payment Services New Rules for the Benefit of Consumers and Retailers - EU

In order to adapt the EU payments market to the opportunities of the single market and to support the growth of the EU economy, the European...

Fictitious Name as a Company for Sole Proprietor - Germany

A fictitious name for the company of a sole proprietor should be possibly permitted.

Burden of Proof of Management Board in Case of Damages Claims - Germany

The management board of a stock corporation has ample room for manoeuvre with respect to its duty of care. This reduces the liability risk a...

Special Purpose Entity

How can you protect your assets against creditors as a film maker?

Application of Laws to Foreign-Related Civil Relations

When negotiating a contract in China, one of the major concerns will be the governing law of the contract if a foreign party is involved as...

Business Strategy Series: VII. Transformation in the UAE

Companies incorporated under provisions of Company law in a specific form may be changed to another type, after satisfying the legal...

Business Strategy Series: VIII. Liquidation in the UAE

The provisions of the Company Law concerning liquidation are to be applied unless the company’s Memorandum or Articles of Association provide a...

How to Incorporate in Panama

Panamanian corporations may be organized by two or more elderly (who may be Panamanian or foreign) as well as legal entities, for any purpose...

Myths & Facts about Panama Corporate Powers of Attorney

Corporate authority problems may arise occasionally, with Panama legal doctrine providing interesting solutions.

Possible Legal Redress in the Case of Erroneous Supervisory Board Resolutions - Germany

Despite the absence of statutory regulations, erroneous resolutions of the supervisory board can be proceeded against and actions lodged.

Business Strategy Series: IV. Branch/Representative Offices or Foreign Companies in the UAE

The Commercial Companies Law covers the formation and regulation of Branches and Representative Offices of foreign companies in the UAE, and...

Business Strategy Series: V. Dissolution

The dissolution of a company can result in its termination.

Business Strategy Series: VI. Amalgamation in the UAE

The decision to amalgamate the companies should be made in accordance with the provisions adopted for the amendment of the Memorandum and...

Opening Representative Offices in the Republic of Uzbekistan

Nowadays foreign investors seek to establish their legal presence in Uzbekistan in order to better explore and understand the Uzbekistan market....

Legal Aspects of Establishing a Company in Kazakhstan

Today, Kazakhstan, being one of the leading economies of the CIS countries, is "a jurisdiction open to investment activities", which opens great...

Opening Pepresentative and Branch Offices of Foreign Companies in Kazakhstan

As you know, most of the national companies in a certain period of their development set themselves the task to bring out their goods, works and...

Tax Due Diligence in M&A Transactions in Uzbekistan

The old English proverb says, “There are only two things in life that we can’t avoid, death and taxes,” – and it confirms once again the value...

A Comparison of the Legal Use of Electronic Signatures in the U.S.A. and in Turkey

The United States Congress enacted ESIGN in 2000 (Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 – 7006, (2012))...

Business Strategy Series: III. Offshore Companies in the UAE

Whether there is a need to restructure a business, to protect assets or simply develop an international presence for a business, one of the ways...

Analysis of Company Laws in Poland

In Poland can be created following commercial partnerships: a registered partnership, a professional partnership, a limited partnership, a...

Dismissal of a Director without Notice Knowledge of the Board Decisive - Germany

In the view of the Federal Court of Justice, the level of knowledge of the board deciding on the dismissal is decisive in determining the...

Incorporating a Commercial Company in the Democratic Republic of Congo under OHADA Law

There are different types of commercial companies that can exist in a member state of OHADA (the organization for the Harmonization of Business...

Commercial Rental Space Is Also Possible in Cases of Mixed Usage of Property - Germany

The classification of a rental space as either residential or commercial conforms to the emphasis given by the lease tenancy agreement.

Business Strategy Series: II. Providing Brokerage Services in Commodities in the UAE

Futures and Derivatives Trading To perform as a trader (broker) of commodities in the UAE the company (a legal entity incorporated according...

Further Update on Use of Personal Data for Direct Marketing in Hong Kong

The New Guidance on Direct Marketing issued by the Privacy Commissioner for Personal Data provides practical guidance on data users’ compliance...

Excluded Tenancy Liability of the Lessor in the Leasing Agreement - Germany

Special duties are assigned to the lessor if the tenancy liability of the lessor is excluded under an assignment of legal warranty claims...


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