In this article, we consider some key aspects of the executive employment relationship and the legal considerations which may affect the drafting of contracts of employment for executive-level employees.
The aim of a liquidated damages clause is to specify in advance the indemnification for a party that suffers from a breach of contractual obligations. Non-performance of a contract, without any evidence of actual damage, is grounds for pre-estimated compensation. This clause obviously limits the necessity to seek indemnification in court and is in demand in business contracts. However, if challenged, its efficiency may be greatly reduced by the intervention of a judge who has the power to modify the amount of the compensation determined in the contract. The distinction between liquidated damages and penalty clauses has a greater impact in common law countries than in those influenced by Civil Code tradition. This QuickCounsel assesses several court decisions in various European countries that bring to light these differences.
This brief article reviews regulations applicable to crowd-funding in France, the United Kingdom, and Italy, with some discussion of the practical application of the rules.
This primer provides an overview of cooperation with other jurisdictions in the application of the EU competition rules together with an understanding of the jurisdictional limitations, affirmative defences and exemptions. It discusses in detail the framework principles for the Commission’s leniency policy set out in the Commission Notice on Immunity from Fines and Reduction of Fines in Cartel Cases (the Leniency Notice).
This article explores the use of alternative working patterns in a number of jurisdictions around the globe. In particular, we look at Australia, France, Germany, Italy, Singapore, Spain, Sweden, the UK and the US.
A review of legal privilege for in-house counsel in various jurisdictions around the world.
A brief overview of anti-bribery and corruption laws in Europe, Brazil, Russia, India, and China.
A reference guide for Private Equity and Venture Capital professional, adviser and lawyers. It sets out the current status of jurisdictions, implementation of new regulation and key considerations to take into account when deciding to invest in different European jurisdictions.
An easy reference guide to employee non-compete agreements across borders. It sets out the key considerations to take into account when drafting, updating and enforcing non-compete agreements and restrictive covenants in different jurisdictions in Europe, Africa, and the Middle East.
The ACC & Laurence Simons EMEA Legal Department Survey 2013 builds on previous research, confirming established trends and revealing new ones. As the economic downturn continues to bite across Europe and company executives, including general counsel and heads of legal, look to respond accordingly. This is having a clear impact on the way legal departments are managing their workloads, budgets and are being staffed. In particular, company executives, are on the whole looking to respond to increasing pressures of cost containment — to continue to do more with less.