Member Publications

Following the introduction of criminal liability of legal persons in the Spanish Criminal Code, together with the boom in the implementation of Compliance Systems in private companies (in order to generate confidence in the markets and raise corporate reputation), the need arose to establish certain communication/whistleblowing channels through which improper or criminal conduct committed within t…

The Ministry of Finance of Spain has announced a package of tax measures intended to be implemented during 2023 and that they will be incorporated into the General State Budget Law for 2023 and other laws pending approval. Some of these measures include: The so-called Solidarity Tax on Large Fortunes. This would be a temporary tax (for 2023 and 2024, even being considered for approval…

Until now the Supreme Court understood that the unjustified dismissal of an employee who was or had been in a situation of Temporary Disability (TD) did not entail per se the infringement of fundamental rights. Thus, in the absence of cause, the dismissal was declared unfair but not null and void. In order to deem such dismissal as discriminatory and, therefore, null and void, it was necessary tha…

This write-up is a brief discussion on the Swiss Challenge Method (“SCM”) for selecting a resolution plan under a corporate insolvency resolution process initiated under Chapter II of the Insolvency and Bankruptcy Code, 2016 (“Code”). First Things First, What Is SCM SCM is a form of public procurement by way of a bidding process, wherein a bidder (original bidder) makes an unsolicited Bid to the a…

The amendment of the Spanish Insolvency Law was published today in the Spanish Official Gazette, and will come into force in twenty days[1]. The most relevant feature of such reform turns around the streamlining of proceedings in courts and the great role given to the pre-bankruptcy institute of the Restructuring Plan. New regulation of the pre-bankruptcy situation After this amendment, the…

Metaverse, is the virtual-reality space in which users interact via computer-generated environment, something similar to what already exists on gaming platforms. It is a simulated digital environment that encompasses a network of 3D virtual worlds focused on social connection. Non-fungible tokens and their underlying technology have surged the market value of digital assets. From gaming to art and…

An employer was in the crosshairs of a federal discrimination lawsuit after rescinding an African-American woman’s offer of employment because she wore her hair in dreadlocks and refused to change them. The employer prevailed before the U.S. Circuit Court of Appeals for the Eleventh Circuit, but businesses nonetheless should be cautious, says Nichole M. Mooney, a labor and employment attorney in D…

In a case of first impression, Florida's Fourth District Court of Appeal ruled last week that a construction defect action against a homebuilder was timely because the mandatory pre-suit notice of defect was sent to the builder before the ten-year statute of repose lapsed, even though the lawsuit was filed outside the ten-year period. The Fourth District found that service of the mandatory pre-sui…

One common thread that runs through the horrific acts of violence in schools, workplaces, nightclubs and other public places seen in recent years is that the disturbed individuals who commit mass shootings often leave a digital trail warning of their intentions. A Dean Mead attorney cautions that there is growing sentiment to force internet and social media companies to be more proactive. Recently…

On June 28, 2018, the Supreme Court granted certiorari in Fourth Estate Public Benefit Corp. v. Wall-Street.com to resolve a Circuit Split over what constitutes "registration" for purposes of filing a copyright infringement lawsuit. Fourth Estate is a news organization that licenses online articles. After the license between Fourth Estate and Wall-Street.com terminated, Wall-Street.com conti…