Latest updates
Q&A on pitfalls and red flags when dealing with German MROs
Arnecke Sibeth Dabelstein- Aviation
- Germany
- 23 October 2019
As airlines must constantly strive to reduce maintenance costs, it is prudent to carefully review and negotiate contracts with maintenance, repair and overhaul organisations (MROs). As MROs often insist that contracts must be governed by the law of their home jurisdiction, this article addresses a selection of important issues that must be considered when negotiating so-called 'time and material' or 'power by the hour' contracts with German MROs.
Government simplifies outsourcing requirements
Makarim & Taira S- Employment & Benefits
- Indonesia
- 23 October 2019
The minister of manpower recently amended the Minister of Manpower and Transmigration Regulation on the Requirements for Outsourcing, simplifying manpower outsourcing requirements to reflect current needs. The main highlight of the changes is that the required Manpower Office approval can now be obtained online and transferred using the online single submission system. Further, the time limit for registering a manpower outsourcing agreement with the Manpower Office has been removed.
Incentives and public procurement in the healthcare sector: be careful what you wish for
ALTIUS- Healthcare & Life Sciences
- Belgium
- 23 October 2019
The Federal Agency for Medicines and Health Products recently issued a circular letter reminding the different actors in the Belgian healthcare sector that incentives in the course of public procurement procedures should be considered carefully. Further, the circular letter underlined the risk of contravening the ban on receiving gifts, monetary advantages or benefits and public procurement rules.
Attendance rather than childbirth-related leave determines whether dismissal is lawful
Norrbom Vinding- Employment & Benefits
- Denmark
- 23 October 2019
The Western High Court recently found that the dismissal of an employee who had called in sick on the first day after a period of childbirth-related leave and holiday did not contravene the Act on the Equal Treatment of Men and Women. The judgment exemplifies that if an employee's dismissal has a close temporal connection with their return from childbirth-related leave, this does not automatically raise a presumption of discrimination.
Bonus entitlement on basis of reasonable expectation
Fasken- Employment & Benefits
- Canada
- 23 October 2019
A recent British Columbia Supreme Court ruling has clarified that even where the terms of a bonus plan expressly state that payment of a bonus is discretionary, an employer's conduct can affect whether the bonus is treated as discretionary on termination of employment. Employers should be aware of, and adhere to, the terms of bonus plans. Further, employers must be mindful of the pattern and history of discretion exercised in awarding bonuses during an employee's employment.
SPC regulation amendment and export manufacturing waiver: in-depth analysis
Eversheds Sutherland- Healthcare & Life Sciences
- European Union
- 23 October 2019
A supplementary protection certificate (SPC) is an EEA-wide IP right that extends the duration of certain rights associated with a patent (particularly human or veterinary medicinal and plant protection products) and which enters into force after expiry of a patent on which it is based. This article presents an in-depth analysis of the medicinal product SPC landscape, particularly in regard to SPC regulation amendments and the export manufacturing waiver.
Recent labour law changes – an overview
Sołtysiński Kawecki & Szlęzak- Employment & Benefits
- Poland
- 23 October 2019
A number of significant changes to Polish labour law have been announced in recent months. This article examines these amendments in detail, including changes to the Labour Code, remuneration for vocational training and apprenticeships, an increase in the minimum wage rate, the abolition of limits on retirement and disability insurance contributions and changes to social benefit fund contributions.
Employer ordered to disclose privileged material
Lewis Silkin- Employment & Benefits
- United Kingdom
- 23 October 2019
The Employment Appeal Tribunal (EAT) recently ordered an employer to disclose comments that it had received from its external solicitor relating to an employee's dismissal because it had deliberately disclosed other related privileged documents which were helpful to its case. Interestingly, this case is one of the few where the EAT has had to grapple with issues relating to privilege. It is also a strong reminder that employers that make a tactical decision to waive privilege must be aware of the potential ramifications.
Federal Council aims to combat human organ trafficking more effectively
Walder Wyss- Healthcare & Life Sciences
- Switzerland
- 23 October 2019
The Federal Council recently submitted to Parliament a dispatch approving the Council of Europe Convention against Trafficking in Human Organs. The Federal Council supports the convention, which aims to harmonise criminal provisions internationally. In particular, the convention provides for the prosecution of all human organ trafficking, regardless of where it takes place.
It's official: all permanent employees are entitled to 10 working days' paid sick leave... for now
Lander & Rogers- Employment & Benefits
- Australia
- 23 October 2019
The Fair Work Ombudsman recently released advice that all permanent employees are entitled to 10 days of paid personal/carer's leave for each year of their employment. This is a major departure from calculating personal/carer's leave entitlements in hours, which is the approach currently taken by most employers and employees. However, the ombudsman's advice is based on a recent court decision which may not stand.
Eli Lilly granted leave to add new cause of action for direct infringement absent allegation of direct infringement
Smart & Biggar- Healthcare & Life Sciences
- Canada
- 23 October 2019
Eli Lilly was recently granted leave to amend its pleadings to introduce a new cause of action for the direct infringement of claims relating to a new use without including an allegation that the product had been directly infringed. However, the court ordered that all issues relating to the new cause of action must be bifurcated and tried at the quantification phase, after all other issues have been determined.
Leave pay for commission-based employees: an often overlooked pitfall for employers
Mayer Brown- Employment & Benefits
- Germany
- 23 October 2019
An accurate method for calculating leave pay must take into consideration an employee's holiday, sickness, bank holiday and other paid absences; however, this can be burdensome for a company's HR department if its employees earn fluctuating rates of commission. While a certain amount of bureaucratic effort is inevitable, a well-thought-out system and properly trained HR officials will help to minimise complications and avoid negative consequences.
Flying the Dutch flag: opportunities for shipowners
AKD The Netherlands- Shipping & Transport
- Netherlands
- 23 October 2019
Flying the Dutch flag has unfortunately become less popular with shipowners over the past 10 years. Although the exact reasons for this fall in popularity are unknown, the presumption that flying the Dutch flag is limited by the location of the vessel's owner may be a contributing factor. However, although on the face of it only European shipowners appear to be able to obtain a nationality certificate, the scope for flying the Dutch flag is actually much wider.
CMNI statute of limitations also applies to ship damage
Arnecke Sibeth Dabelstein- Shipping & Transport
- Germany
- 23 October 2019
The Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways (CMNI) states that all claims arising from contracts regulated thereunder become time barred one year after the day on which the goods were or should have been delivered to the consignee. A Higher Shipping Maritime Court decision serves as a useful reminder that Article 24 of the CMNI applies to all claims relating to transport, regardless of which party raises them or whether they concern tortious or enrichment matters.
Certificate of supplementary protection regime: second anniversary update
Smart & Biggar- Healthcare & Life Sciences
- Canada
- 23 October 2019
The certificate of supplementary protection (CSP) regime recently celebrated its second anniversary. This article looks back on the previous year and provides an updated summary of approvals, rejections and pending applications, as well as further reminders and tips, including (among others) that it is important to consider the possibility of a CSP early in the drug development and approval lifecycle.
Locating pure financial damage in cross-border securities class actions: clarity on the horizon?
AKD The Netherlands- Litigation
- Netherlands
- 22 October 2019
Determining a court's jurisdiction in cross-border class actions involving pure financial damage has proven difficult in practice. This is particularly true when jurisdiction is based on the special competence rules set out in the recast EU Brussels Regulation. The Dutch Shareholders Association v British Petroleum is a good example of the confusion surrounding this matter. After two lower court rulings, the Dutch Supreme Court has applied to the European Court of Justice for a preliminary ruling to gain further clarity.
Bond issuers will retain quick access to Swiss debt capital market under new regime
Niederer Kraft Frey- Capital Markets
- Switzerland
- 22 October 2019
As part of its effort to meet EU-equivalent standards, Switzerland is in the process of implementing a comprehensive reform package which will fundamentally change the Swiss financial market regulatory framework and introduce the country's first harmonised and coherent prospectus regulation. The new regime will ensure that bond issuers will continue to have efficient and quick access to the Swiss debt capital market – one of the legislature's key goals.
When is opinion evidence admissible?
RPC- Litigation
- United Kingdom
- 22 October 2019
In a recent case involving a man killed on a motorway, the High Court set out the difference between evidence which will be subject to Civil Procedure Rule (CPR) 35's restrictions and that which will not. Specifically, where relevant opinion evidence (even hearsay) is prepared by someone qualified to give expert evidence, it will generally be prima facie admissible. However, where evidence is produced by an expert instructed by the parties for the purposes of the proceedings, it will be subject to CPR 35.
Key considerations regarding asset classes and assignability of receivables
Walder Wyss- Securitisation & Structured Finance
- Switzerland
- 22 October 2019
In recent years, the number of publicly placed and listed securitisation transactions in the car leasing and credit card sectors has increased significantly. The driving force behind this development is economic rather than legislative, as Swiss law places no specific restrictions on asset classes eligible for securitisation. However, compliance with certain Swiss legal concepts is crucial when setting up a securitisation transaction involving Swiss law-governed receivables.
Federal Court rules that Arbitration Act provisions do not apply to non-parties to arbitration agreements
Gan Partnership- Litigation
- Malaysia
- 22 October 2019
The Federal Court recently held that Sections 8 and 10 of the Arbitration Act do not apply to a non-party to an arbitration agreement. The appellant in the case was granted leave to appeal to the Federal Court on two questions of law, including whether the requirements of Section 10 of the act must be met by a party litigant seeking an injunction to restrain the prosecution of an arbitration to which it is not a party but which would affect its proprietary rights.
