Squire Patton Boggs

Depuis juin 2008, les chambres civiles et commerciales de la Cour de Cassations sont venues préciser le point de départ applicable aux délais de prescription relatifs aux actions fondées sur la garantie des vices cachés ou une non-conformité. Alors que les délais applicables à ces actions sont définis aux articles 1648 du Code civil et L.110-4 du Code de commerce, aucune disposition législative ne vient réglementer la question du point de départ de ces délais…
Last week we issued an alert about the UK government’s plans to introduce new legislation to tackle alleged misuse of confidentiality clauses in employment contracts and settlement agreements.  The consultation has been launched primarily in response to concerns that some employers are using confidentiality clauses (sometimes referred to as “non-disclosure agreements”) to “gag” victims of workplace harassment or discrimination, in particular via settlement agreements.  You may recall that last year the Women and Equalities Select…
In an earlier part of this series I floated the question of whether you could safely omit from a contract with a personal services company some of the “quality control” wording you might see in an employment contract.  After all, runs the argument, that sort of obligation must amount to control or direction, and then you are crossing the line between what you want your contractor to do, which is okay from the IR35 perspective,…
On February 14, 2019, the US Army Corps of Engineers and US EPA (Agencies) published in the Federal Register the proposed rule to revise the definition of “Waters of the United States,” the term that identifies the scope of federal jurisdiction under the Clean Water Act.  The proposed rule is the second step in a two-part process to revise the definition, consistent with one of the first Executive Orders issued by President Trump.  The Clean Water Act…
Le 22 janvier dernier, le Conseil de prud’hommes de Nice reconnaissait la qualité de salarié à 6 anciens coursiers à vélo (CPH Nice, 22 janvier 2019, RG n°F18/00668). Les demandeurs demandaient la requalification de leur contrat de prestations de services en contrat de travail avec la plateforme Take Eat Easy. Si la plateforme avait réussi à éviter de telles requalification dans certains cas, jugés par le Conseil de prud’hommes de Paris, ce n’était que parce…
Section 363 of the Bankruptcy Code provides a debtor with the power to sell its assets during the bankruptcy case free and clear of all interests.  This permits the debtor to maximize the value of its assets and hence the recovery for creditors.  But that is not always the end of the story.  In Trinity 83 Development, LLC v. ColFin Midwest Funding, LLC, the Seventh Circuit Court of Appeals faced the issue of whether…
In a press release published on March 12, 2019, the European Parliament and its member states reached a provisional agreement on new rules that will guarantee a high level of protection for whistleblowers who report breaches of EU law. The draft establishes a three-tier reporting system (that potentially allows the whistleblower to inform publicly or through media the information) and robust measures against potential retaliation.…
We are pleased to share our latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In the February edition, we summarise 19 developments in the environmental, safety and health sector. Top stories this month include: A Health and Safety Executive press release reporting the £600,000 fine of a contractor after an employee was killed by a dumper truck The £274,000 fine of a food company…
As the political turmoil regarding Brexit continues to grow in the UK, the spectre of a “no-deal” Brexit becomes a very realistic scenario. The shortness of time left to make the final decision is forcing businesses in the UK and EU to view the short-term future with unease and anxiety, particularly the uncertainty surrounding the legal standing of UK firms operating in the EU countries. This also applies to UK undertakings that conduct their economic…
The National Labor Relations Board has once again clarified whether certain types of employee handbook policies will violate federal labor law. Employers should take note of these two new guidance memoranda, as they can help employers maximize the protection they afford to their confidential information, brands, equipment, and other important matters.…