Member Publications

The infamous Finance Bill, 2024, which led to widespread protests across Kenya, placed immense economic pressure on the Kenyan National Treasury as they sought to come up with additional revenue streams for the government, which would have been made had the said Bill passed. As such, this led to the rise of the Tax Laws (Amendment) Bill, 2024, and the Tax Procedures (Amendment) (No.2) Bill, 2024, …

CJEU on violation of GDPR as an unfair commercial practice The Court of Justice of the European Union (CJEU) in Lindenapotheke C-21/23 of 4 October 2024 provides important insights into the relationship between data protection and competition law. The case concerned a dispute between two competing pharmacies, where one of them (Lindenapotheke) was selling medicines that were reserved for pharmacie…

Case Study: Employee Trust and Theft The Karnataka High Court recently ruled that an employee found guilty of theft cannot be reinstated, even on compassionate grounds. The case involved an employee of a hotel who was dismissed after being caught stealing. The Court emphasized that theft, regardless of the value involved, breaches the trust essential in an employment relationship, making dismissal…

News in legislation New law on general product safety On 20 November 2024, the Senate of the Czech Republic approved a draft new law on general product safety (the "new law"), which implements Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety (the "Regulation"). The aim of the implemented Regulation, and therefore also of the new law, is primarily to …

MERCANTILE Marita Dargallo | Jorge Llevat On October 10, 2024, the European Union officially approved a legislative package reforming the legal framework for design protection. This update affects both EU designs (formerly known as Community designs) and Spanish designs. The new regulations include Directive (EU) 2024/2823 of the European Parliament and the Council (dated October 23, 2024) on the …

Directors of a Dutch company that have not yet prepared and/or adopted the annual accounts of the financial year 2023, please pay attention! It is time to take action, as the deadlines for preparing, adopting and filing the annual accounts are rapidly approaching. To mitigate liability risks, negative consequences or sanctions, it is important to observe the following applicable rules from a Dutch…

For those of you who own or have ownership interests in a company that is formed or registered to do business in the United States, hopefully you are already aware of the very important requirements of the US Corporate Transparency Act (CTA). The CTA came into force in the United States on 1 January 2024. The CTA introduced new anti-money laundering laws, intended to help prevent and combat money…

ABSTRACT: With the rise in electronic payment methods and scams targeting unsuspecting account holders, 2024 has seen an uptick in EFTA-related litigation. This post examines what the case law says so far and potential rules that would upend these holdings. As the holiday season arrives, we are reminded of the ever-growing instances of fraudulent schemes against consumers. In the past year or so…

When it comes to estate planning, Michigan residents have a unique and highly effective tool at their disposal – the Lady Bird Deed. This special type of property deed can simplify the transfer of real estate, help avoid probate and offer several other valuable benefits. In this post, we’ll break down how Lady Bird Deeds work, explore their pros and cons and give examples to help you decide if it…

In David Yaffee v. Joseph Skeen, et al., (Filed 11/25/2024, C097746 and C097988), the California Court of Appeal, Third Appellate District, held that evidence of the reasonable value of medical services rendered to an insured Plaintiff was improperly admitted by the trial court where the admitted evidence suggested the reasonable value of the services rendered exceeded the amounts accepted by the …