When it comes to high-value complex (and thus expensive) litigation, there is one subject close to the hearts of clients: how do we avoid it? Unsurprisingly even the most well-heeled businesses do not relish the prospect of a protracted and expensive dispute, however much litigation lawyers might salivate at the prospect of a challenging and …
Continue reading “Commercial Litigation Summit – 1 July 2019”
In France, parties have the sole power to delimit the scope of the disputes brought before the courts. In the absence of discovery proceedings, they are also tasked with providing the evidence to back up the demands brought before the courts. The judge may however take any legally admissible measure that appears necessary to the …
Continue reading “The protection of confidentiality of exhibits in French civil proceedings”
Court actions north and south of the border can be different in many ways and one of the main contrasts lies in the production of documents relevant to a case.
The stay of execution order of the ninth administrative court of Ankara (court) regarding the Turkish competition board’s conditional approval decision dated 8 May 2018 and numbered 18-14/267-129 sheds some light and provides insights for future cases regarding the court’s approach towards behavioral remedies. The court found that the behavioral remedies accepted by the board …
The Indian Competition Act (CA02) was enacted in 20021. Since its inception, the Competition Commission of India (CCI) has imposed approximately £1bn in penalties on enterprises and their key individuals for their participation in cartels under s3, read with s27, of CA02. The Competition Commission of India (Lesser Penalty) Regulations were enacted in 2009. Since …
In recent months, the first precedents in Italy concerning the extremely topical matter of platform workers’ status (employees v freelancers) have been issued.
Complex workplace investigations were the exception and not the norm until a few years ago. In the year 2000 a one-page statutory code of practice was published in Ireland to guide employers through the humdrum of workplace disciplinary and grievance investigations containing only one sentence regarding the issue of employee representation in investigations. Fast forward …
In the last decade, the manner in which work is organised and managed has suffered significant changes. This fact has caused either beneficial or harmful consequences, such as emerging psychosocial risks and new challenges. The main questions are: what are the psychosocial risks? What are their consequences for the workers and for the company? What …
Continue reading “Psychosocial risks versus healthy companies in Spain”
In Australia, as in the rest of the world, employers bear onerous legal obligations to ensure that workplace culture does not condone sexual harassment, or indeed any other kind of bullying or vilification. Perhaps unlike other parts of the world, the laws dealing with workplace discrimination and harassment in Australia are particularly complex, not the …
Continue reading “Dealing with discrimination and harassment in Australian workplaces”
It’s 11.30pm, you are just drifting off after another long day at the office – and then the phone rings. It’s your chief executive – your building is up in flames, or flooded, or your servers have been hacked or… you know what to do right? You are the trusted source of advice for the …