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The Journal

The Journal February 2019

Access to Workers' e-mail: Protection of Personal Data of Third Parties

María Elena Reyes

On January 23, the Supreme Court rejected the unification of the case law of a worker who had reported that her dismissal originated after her employer decided, without her authorization, to review her institutional email, and verified that she shared data with direct competition and his daughter (who was engaged in the same employer category).

Although the First Labor Court of Labor accepted the demand for protection for violation of fundamental rights, the Court of Appeals reverses it, which is ratified by the Supreme Court.

Recycling the Big Box

Matthew E. Epstein

Retailers shuttered a record amount of brick-and-mortar store space in 2018, shattering the previous record set in 2017, and big box stores were the largest contributors to the empty space. Iconic brands, such as Sears, Macy’s, J.C. Penney, Toys "R" Us, Inc., Bon Ton and Lord & Taylor all closed their doors on multiple large spaces, leaving landlords in a quandary about how to fill some gaping holes.

For more than four decades, big box stores led the way in retail sales growth, crushing smaller competitors who could not compete. But department store sales peaked at nearly $60 billion in 2001, and have sunk more than 33% thereafter.

What About USMCA?

Natália Vera
 

Last October, México, United States, announced that achieved a new agreement to replace the actual commercial trade named NAFTA; this agreement is called USMCA (United States, México, Canada agreement) and must to be approved by the legislature of each country.

USMCA, bring with it, a special norm regarding the protection of copyright in Internet, that is in extremely similar to the system of notice and takedown of the DMCA of United States.

EU Exit Order – Government Reveals Further Post-Brexit Details for EU Citizens

Karma Hickman

The EU Exit Order deals with only a few practical technicalities affecting EEA and Swiss citizens coming to the UK. There are no new revelations. It simply sets out the legal basis for certain developments.

The main takeaway point is that EEA and Swiss citizens will automatically be given permission to stay in the UK for a period of three months when they arrive in the country (unless a deportation or exclusion order has been made against them in the past). In other words, they will not have to apply for any kind of waiver or visa in advance of travel. 

Can Cross Border Mergers Continue Between Spain And UK After Brexit?

Mandeep Johal

The continuous insecurity of whether there will be a deal or no-deal Brexit puts international companies in a difficult position to understanding what type of Brexit they should be planning for, if at all. Therefore, UK companies being able to still carry out cross-border mergers with Spanish companies if the UK leaves the EU is a question on many companies’ minds.

At present, Directive 2005/56/EC on cross-border mergers of limited liability companies was repealed and codified with effect from 20 July 2017 relating to certain aspects of company law which facilities cross-border mergers.

Vera Abogados Attended the 14th Annual International Seminar on Intellectual Property Rights

 

The continuous insecurity of whether there will be a deal or no-deal Brexit puts international companies in a difficult position to understanding what type of Brexit they should be planning for, if at all. Therefore, UK companies being able to still carry out cross-border mergers with Spanish companies if the UK leaves the EU is a question on many companies’ minds.

At present, Directive 2005/56/EC on cross-border mergers of limited liability companies was repealed and codified with effect from 20 July 2017 relating to certain aspects of company law which facilities cross-border mergers.