Newsletter August 2009
CORPORATE
Symposium Credit Rating Agencies: Public and Private
Responsibility
Kennedy Van der Laan organized a symposium on July 2, 2009, at Het
Ketelhuis concerning Credit Rating Agencies. The program consisted
of a lecture by Professor Lawrence White (NYU Stern School of
Business) and Deniz Coskun (Kennedy Van der Laan); and, a panel, in
addition, with Jan Maarten Slagter ("Vereniging van
Effectenbezitters"); Gerben Evers (APG/Eumedion); and Sean
Egan (Egan-Jones Ratings Company), moderated by Professor Joseph
McCahery (University of Amsterdam). Here are the conclusions and
central dilemmas of the symposium in the form of a synopsis.
read more
EMPLOYMENT
Relaxation of the Criterion of Indispensability in
Reorganization
As of 1 August 2009 a temporary amendment of the Dismissals Decree
has entered into force in connection with the current financial
crisis. The purpose of this amendment is to make it easier for
employers to keep certain employees out of the mandatory
proportionality on the basis of what is called the "criterion
of indispensability".
read more
When the Mexican Flu Hits Employers
The Mexican flu is a hot item. This flu often hits healthy, working
people. Although the Netherlands have not yet seen a real outbreak,
it is expected that in the fall of 2009 one out of three people
will become infected with the virus. This may have big consequences
for businesses.
read more
Costs of Engaging an Expert by the Works
Council
Under the Works Councils Act (Wet op de Ondernemingsraden,
"WOR"), the employer has to compensate any expenses
reasonably required for the performance of the duties of the Works
Council, on condition that the Works Council gives the employer
advance information on the costs to be incurred. The Subdistrict
Court of Delft has recently given a judgment in a dispute on the
non-payment of (part of) the costs incurred by the Works Council of
engaging an external expert (Subdistrict Court of Delft, 23 April
2009; JAR 2009/171).
read more
INTELLECTUAL
PROPERTY
Should Search Engines Copy less than 11 Words in Search
Results?
Recently the European Court of Justice delivered an interesting
judgment that may also have an impact on whether search engines are
systematically infringing copyrights.
read more
MEDIA
ECHR Féret vs. Belgium - Ban on Discrimination vs.
Freedom of Speech 1- 0?
The European Court in Strasbourg thinks Belgian politician Féret
incites hatred against immigrants. Case on the freedom of speech of
politicians which may be relevant for the prosecution of Geert
Wilders.
read more
Money Is There to Rock 'n Roll! - Judgment ECHR in
Hachette vs. France
An article in the French weekly 'Ici Paris' has suggested
that the music legend Johnny Hallyday is facing financial problems.
Is it possible for Hallyday, who wrote an autobiography in which he
also discussed his financial 'style de vie', to rely
successfully on a violation of his right to privacy?
read more
PERSONAL DATA
PRIVACY
Protect your customer data sufficiently
This is the message that Jacob Kohnstamm, the
president of the Dutch Data Protection Authority, delivered on 8
August 2009. Kohnstamm announced that 'heavy penalties'
await businesses that do not properly secure their customer data in
the future. As the privacy watchdog, the Dutch Data Protection
Authority more and more bares its teeth. But perhaps the saying
'barking dogs don't bite' is more appropriate here?
read more
PUBLIC
PROCUREMENT
Failure of Advisor in Drafting a Tender Budget?
Is an advisor who made mistakes in the drafting of
a tender budget liable to pay damages to the bidder who submitted a
too low bid as a result of these mistakes?
read more
REAL PROPERTY AND
CONSTRUCTION
Claim to Terminate a Lease of Business Premises, 2
Can the lessor of business premises still bring a
claim for termination within the meaning of Section 7:295 (2) of
the BW after the date as of which notice of termination of the
lease was given has expired? The Supreme Court thinks it can. On 3
July 2007, the Arnhem Court of Appeal still reached a different
opinion.
read more