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Articles

Reality prevails as Hermès trumps MetaBirkins – Trademark Infringement and Non– Fungible Tokens (NFTs) (Eversheds Sutherland)

By Eversheds Sutherland

In a first-of-its-kind case to focus on trademark infringement and dilution in the virtual world, a nine-person jury in Manhattan, New York has sided with the French fashion house, Hermès International S.A (“Hermes”) in its legal battle against Sonny Estival aka Mason Rothschild (“Rothschild”), the creator of the “MetaBirken” Non-Fungible tokens (“NFTs”).

Articles

Significant changes in companies’ workforce and human rights reporting: new EU legislation (Eversheds Sutherland)

By Eversheds Sutherland

This article discusses issues such as falling share prices in response to labor disputes, “living wage” resolutions at AGMs, stakeholder concerns over working conditions in supply chains, and workers speaking up about their employer’s culture and ethics, which potentially engage the EU’s new sustainability reporting duty.

Articles

The new UAE Agency Law (Eversheds Sutherland)

By Eversheds Sutherland 

The UAE Agency Law which has been in place since 1981 has been repealed and replaced by a new law, Federal Law No. 3 of 2022 Regulating Commercial Agencies which comes into force on 16 June 2023. The new law still provides protection for agents against the termination of the agency contract, which goes beyond the terms of the contract. However, this protection has been reduced and now provides greater balance between principals and agents. The de facto exclusivity which agents had under the old law continues under the new law.

Articles

Global benefits and compensation: Top 10 actions for your 2023 agenda (Eversheds Sutherland)

By Eversheds Sutherland

ESG issues are playing an ever-increasing role in businesses and have an impact right across the employment, retirement benefits, tax, executive compensation and share incentives space. This trend of growing focus is expected to continue into 2023 and beyond. As such, when designing and reviewing compensation and benefit packages, it is increasingly important for companies to do so with its ESG strategy in mind.

Articles

UK's Competition and Markets Authority (CMA) sends clear signal it has an important role to play in tackling climate change (Eversheds Sutherland)

By Eversheds Sutherland

In January 2023, the UK's Competition and Markets Authority (CMA) published its much awaited consultation on its Draft Guidance on Horizontal Agreements. The CMA clearly indicated that it proposes to take advantage of its post-Brexit freedom and to depart from the position on this issue taken by the European Commission as set out in its Draft Guidance on Horizontal Agreements, and to take a more radical and permissive approach to the role competition law has to play in supporting environmental sustainability initiatives.

Articles

Commission publishes draft guidelines for the exemption of certain sustainability agreements in the agri-food supply chain (EU) (Eversheds Sutherland)

By Eversheds Sutherland

In 2021, in the context of the common agricultural policy reform 2023-2027, the European Parliament and the Council of the European Union adopted a new exemption from competition rules for certain agricultural products. Specifically, Article 210a of Regulation 1308/2013 establishing a common organisation of the markets in agricultural products (“CMO Regulation”) introduced an exclusion from the prohibition against anti-competitive agreements (or “cartels”) for certain restrictive agreements in the agricultural sector when those agreements are indispensable to achieve sustainability standards. In this latest development, on 10 January 2023, the European Commission (“Commission”) published for consultation its draft guidelines on how this exclusion should apply. The Guidelines seek to clarify how operators active in the agri-food sector can design joint sustainability initiatives in line with Article 210a.

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