Articles

Consultants: a Liability Trap for Managing Directors?!

Uwe Müllner Uwe Müllner from  Patzina Lotz  on 

Cum/ex transactions and the role played in these by banks and their governing bodies are currently the subject of a great deal of dispute and discussion. 

Duty of Information of Financial Institutions to the SII

Gustavo Cuevas Gustavo Cuevas from  Cuevas Abogados  on 

On June 30, 2022, Law No. 21,453 was published, which introduced amendments to the Tax Code regarding various matters, including on the obligation of financial institutions to deliver to the Service of Internal Taxes (SII) information of people and/or companies in certain cases.

Comments on the Judgment of the Court of Justice of the European Union Declaring Non-Compliance with the Requirements of the Spanish Regulation to Initiate the Procedure of Patrimonial Responsibility of Public Administrations

Salvador Balcells i Iranzo Salvador Balcells i Iranzo from  Manubens Abogados  on 

The Court of Justice of the European Union (CJEU) has issued a judgment in case C-278/2020 for infringement of the Spanish legislator with respect to Union law in relation to the requirements demanded to initiate the procedure of patrimonial responsibility of the Public Administrations.

No Eviction Of Residential Guidance Due To Insufficient Warning About Nuisance

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 

Defendant allegedly caused nuisance. Plaintiff warns once. After a subsequent incident, the claimant terminates the verbal housing counseling agreement, under pressure from the housing corporation.

Eviction Suspended Due to Granting Narrow Moratorium

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 

Tenants request a narrow moratorium the day before the notified eviction. The current rent is paid, budget management and debt counseling are used. The landlord has not put forward any defence. 

Patent Protection as a Strategic Instrument in Competition

Christoph Jonas Christoph Jonas from  Patzina Lotz  on 

More and more companies use patents to keep a distance from competitors or to open up common markets by cross licensing. This raises both legal and practical questions, which patent law expert Christoph Jonas sheds light on.

Indemnity Caps

Daniel R. Avery Daniel R. Avery from  Goulston & Storrs  on 

This article examines how buyers and sellers are negotiating indemnity caps in private company M&A transactions, as shown in the American Bar Association’s (ABA) private target deal points studies.

After-Tax Indemnity Limitations

Daniel R. Avery Daniel R. Avery from  Goulston & Storrs  on 

In merger and acquisition transactions, the definitive purchase agreement, whether asset purchase agreement, stock purchase agreement, or merger agreement, typically contains representations, warranties, and covenants, along with related indemnification obligations.

The Illegal Granting of Credit or the Dilemma of the Good Banker

Maurizio Irrera Maurizio Irrera from  Studio Irrera  on 

In the course of 2021, the Supreme Court reached a significant milestone in the systematic elaboration and reconstruction of the liability of the Bank for abusive granting of credit.

Sunderland, Brazilian Football, SAF and the Problem of Cartolism

Rodrigo Monteiro de Castro Rodrigo Monteiro de Castro from  monteiro de castro, setoguti advogados  on 

The first -and perhaps the main- lesson that can be drawn from the series Sunderland 'Til I Die, consists in revealing the importance that the football team plays in relation to the population of the city that bears the same name. 

No External Directors' Liability Towards the Lessor Due to Bankruptcy

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 

In the case of a pre-constitutive act, a lease is entered into. Seven years later, the tenant goes bankrupt.

Where Are You Going, Bankruptcy Law?

Miguel Galán Miguel Galán from  Manubens Abogados  on 

Every time we have approached to examine a legislative amendment to the bankruptcy regulations, we have not been able to avoid remembering to what extent the legislator is imbued with our wonderful literary genre: the picaresque.

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