Agreements providing for commercial representation, promotion services or distribution are treated as fully distinct by Brazilian legislation. It is extremely important to observe the legal formalities. This article covers specific rules and obligations of contracting parties entering into these types of agreements.
Switzerland has a civil law legal system, at the crossroads between Germanic and French legal traditions. The organization of the Swiss legal and judicial system reflects the political and federalist structure of Switzerland. Civil procedure is primarily regulated by the Swiss Code of Civil Procedure (SCCP), which entered into force on 1 January 2011. It provides a unified set of rules regulating civil procedure. The SCCP aimed to eliminate these obstacles by unifying the civil procedural laws. It largely draws on existing cantonal codes, particularly those of the Swiss-German cantons. This article first sets out the legal framework applicable to civil procedure in Switzerland. It then presents the judicial organization in Switzerland and, finally, addresses selected issues of Swiss civil procedure.
Worldwide Freezing Orders (WFOs), also known as Mareva injunctions, have been described as “nuclear weapons” of the law. Often granted at the pre-trial stage in ex parte hearings, a WFO is a protective measure preventing a defendant, by way of an interim injunction, from disposing of their assets pending the resolution of the underlying substantive proceedings. While granted only in certain common law jurisdictions, such orders can take effect worldwide. However, their enforcement can prove problematic in other jurisdictions that may not provide for corresponding measures. This article reviews and comments on several decisions rendered by the cantonal courts and the Swiss Federal Supreme Court in relation to the enforcement of the WFO.
According to Brazilian law, the Accident Prevention Factor (FAP) for each company is determined according to the number of labor accidents and illnesses that have generated payment of social security benefits. The FAP calculation is mainly based on the frequency, level of importance and cost of the labor illnesses and labor accidents of each company. In recent years, the social security website has provided the specific FAP for each legal entity. Read on to learn more about FAP regulation.
In this briefing we look back at some of the most noteworthy market and legal developments in restructuring and insolvency in 2013.
This Charity Law Bulletin reviews the exemption under CASL for registered charities in the recently published final regulations, together with a summary of information contained in earlier Charity Law Bulletins, as well as a brief review of practical steps charities and non-profit organizations can take to prepare for CASL.
The changing landscape of the American legal profession brings with it an ever-evolving set of concerns for attorneys and their employers. Over the past three decades increased lawyer mobility and the growing trend towards moving legal work in-house has fueled ethical and business-related concerns. These concerns include the need for confidentiality, the protection of intellectual property and other proprietary information, the potential for economic harm to the employer and the individual attorney respectively, and the increased potential for conflicts of interest. As a result, the past decades have also seen a marked increase in the use of anticompetitive covenants and consequently litigation related to anticompetitive covenants. This article attempts to predict the final outcome of the legal status of non-compete agreements as applied to in-house counsel.
This case deals with employees who were seeking backpay for time spent donning and doffing pieces of protective gear that they assert respondent United States Steel Corporation required workers to wear because of hazards at its steel plants
A review of strategies to reduce social security contribution costs under Brazilian law.
A review of changes to Brazilian laws related to social security contributions. In some economic sectors, Brazilian law reduce social security contribution requirements to encourage growth.