Newsletter April 2011
BANKING AND
FINANCE
The Termination of a Bank Guarantee in order to Lift an
Attachment; the Importance of Careful Formulation
The termination of a bank guarantee that has been issued for the
lifting of a prejudgment attachment may be problematic in practice.
In this article we will provide you with some tips to overcome the
problems as much as possible.
read on..
CIVIL SERVANTS
LAW
Forced Public Service?
Under circumstances a public employer may be obliged to employ his
staff as part of a deprivatization. Does this mean that these
employees should become civil servants? And how should their
employment conditions be given shape?
read on..
CORPORATE
Update and trends on private equity in the
Netherlands
Lately it seems that strategic buyers in mid market transactions
have an advantage in attracting acquisition financing compared to
private equity buyers. The latter are confronted with still
hesitant banks.
read on..
EMPLOYMENT
Failure to Inform Employer of Establishing an Own
Competing Business
Should an employee inform his employer of the establishment of his
own business during negotiations about a termination agreement?
read on..
Trade Union and Works Council No Interested Parties
within the Meaning of Section 36(2) WOR in Claim to Cease
Consultations with 'Former' Works Council
Has the ‘former’ Works Council ceased to exist after a transfer of
concession?
read on..
INTELLECTUAL
PROPERTY
Government wants to prohibit downloading from illegal
sources and targets commercial internet intermediaries
The Government has made clear which direction its policy regarding
copyright infringements on the Internet is going to take.
Downloading from illegal sources will be prohibited. In principle,
consumers will not be targeted, but commercial internet
intermediaries will. This announcement still has to be converted
into a bill and enacted into law.
read on..
Developments Games of Chance in the Netherlands
State Secretary Fred Teeven of Security and Justice has announced
that there are plans to liberalize the Dutch market for games of
chance. Teeven wants to modernize the games of chance policy and to
fight gambling addiction, fraud and crime more effectively by
widening and expanding the legal offer of games of chance.
read on..
MEDIA
The Supreme Court in Tros v. Pretium: Showing
Hidden-Camera Images in the Event of an Abuse is not
Unlawful
In a broadcast of consumer program Tros Radar, recordings
of a sales training in a call center that sells products of telecom
company Pretium, were shown. These recordings were made with a
hidden camera. To what extent is it legally permitted to show such
recordings?
read on..
REAL PROPERTY AND
CONSTRUCTION
Notice Given is Final, Unless…
After a mistake of the Court of Appeal of The Hague, the Supreme
Court has confirmed that the termination of a lease contract with
respect to business premises does not simply lose its effect if the
claim for termination that is necessary to terminate the lease
contract is instituted after the time as of which notice has been
given.
read on..
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