Nachrichten der Wirtschaftskanzleien

A self-employed delivery rider working for an online platform may be considered to be an employee

Mayer Brown Publications - Do, 06.12.2018 - 16:01
In a recent decision, the Cour de cassation (the French civil and criminal Supreme Court) has ruled that a delivery rider using the services of an online platform and an app ("Take Eat Easy"), which connects restaurants, clients ordering food, and delivery riders, may be considered to be an employee of such a platform despite having self-employed status.

Increased burden on German employers

Mayer Brown Publications - Do, 06.12.2018 - 14:26
Employment & Benefits lawyer Pauline Moritz (Frankfurt) examines the additional contribution to health insurance employers are facing as of January 2019.

The Pensions Brief

Mayer Brown Publications - Do, 06.12.2018 - 14:18
Please see the latest issue of The Pensions Brief.

EDPB's new draft guidelines on the territorial scope of the GDPR

Mayer Brown Publications - Do, 06.12.2018 - 10:33
The European General Data Protection Regulation ("GDPR"), which came into force over six months ago, illustrates a significant evolution in European data protection law marked by the extension of territorial scope.

The In-State Corporation’s Solution to "Expedia" Apportionment

Mayer Brown Publications - Mi, 05.12.2018 - 22:24
Mayer Brown lawyers discuss New York’s “other reasonable method” for apportioning receipts and the opportunity it may provide for certain in-state taxpayers to reduce their New York apportionment percentages, even in light of some prior administrative law judge decisions holding that cost of performance is the only available method.

SEC Expands Safe Harbor to Promote Research on Investment Funds

Mayer Brown Publications - Mi, 05.12.2018 - 17:33
On November 30, 2018, the Securities and Exchange Commission (the “Commission”) adopted a new rule establishing a non-exclusive research report safe harbor (“Rule 139b”) for unaffiliated brokers or dealers that publish or distribute research reports regarding qualifying investment funds. The Commission took this action in furtherance of the mandate of the Fair Access to Investment Research Act of 2017 (the “FAIR Act”). The FAIR Act required that the Commission expand the Rule 139 safe harbor for research reports in order to cover research reports on investment funds.

GDPR fines - lessons from competition law

Mayer Brown Publications - Mi, 05.12.2018 - 16:46
Although the EU General Data Protecvtion Regularion (the "GDPR") entered into force on 25 May 2018, and the obligations under the GDPR have since taken effect, there remain significant uncertainties as regards enforcement.

Applications to refuse enforcement of arbitration awards: lessons learnt from <i>Eastern European Engineering v Vijay Construction</i>

Mayer Brown Publications - Mi, 05.12.2018 - 12:03
This case relates to a dispute between two Seychellois companies, Eastern European Engineering Ltd (“EEEL”) and Vijay Construction (Proprietary) Ltd (“VCL”), arising out of the construction of a hotel complex.

Brazil: CADE Approves Compliance and Integrity Program

Mayer Brown Publications - Di, 04.12.2018 - 22:05
On November 30, 2018, the Administrative Council for Economic Defense (“CADE”) published the agency's Compliance and Integrity Program*, which sets out measures to prevent, detect and remedy institutional risks.

Mulvaney’s BCFP One Year Later: Change and Continuity

Mayer Brown Publications - Di, 04.12.2018 - 20:07
Just one year ago, as you were contemplating what to do with your leftover Thanksgiving turkey, a storm was brewing at the agency formerly known as the Consumer Financial Protection Bureau.

Podcast: Episode 143 - The View from Mayer Brown

Mayer Brown Publications - Di, 04.12.2018 - 15:41
Nick looks at the subject of non-disclosure clauses in contracts of employment and settlement agreement. Are they enforceable and should they still be included by employers after the concerns expressed about their misuse?

Europe—Brexit Alert on Cosmetic Products

Mayer Brown Publications - Mo, 03.12.2018 - 21:17
On November 29, 2018, the European Commission published a Notice to Stakeholders on the "Withdrawal of the United Kingdom and EU rules in the field of cosmetic products"

High-Level Overview of the Proposed Regulations on Interest Deduction Limitation Rules

Mayer Brown Publications - Fr, 30.11.2018 - 17:19
On November 26, 2018, the Department of Treasury and US Internal Revenue Service released proposed regulations that flesh out the new Section 163(j) interest limitation rule—a cornerstone of the Tax Cuts and Jobs Act enacted by Congress in December 2017. The rule, which applies to all taxpayers (subject to specified exceptions) and reduces their ability to deduct interest expenses, also changes the landscape for how businesses will consider funding their operations. This Legal Update sets forth an overview of certain portions of the proposed regulations.

Podcast: Episode 142 - The VIew from Mayer Brown

Mayer Brown Publications - Fr, 30.11.2018 - 14:34
Nick looks at three recent cases in the Court of Appeal. The Osipov case will radically change the way whistleblowing cases are run. The Morrisons case on data protection is equally groundbreaking. Finally we have a useful case summarising and developing the law on when an employee working outside Great Britain can bring a tribunal claim in an English tribunal.

Discrimination Legislation (Miscellaneous Amendments) Bill 2018 Gazetted

Mayer Brown Publications - Fr, 30.11.2018 - 10:44
The Hong Kong government gazetted the Discrimination Legislation (Miscellaneous Amendments) Bill 2018 (the "Bill") today (30 November 2018).