Italian Fixed-Term Contract With The Collective Agreement’s Condition

The “Sostegni Bis Decree” introduced an important innovation to the discipline of fixed-term contracts.

Collective agreements can identify new reasons in the presence of which it will be possible to stipulate a term contract lasting more than 12 months.

The condition must identify specific and concrete hypotheses without using generic formulations (“technical, organizational …”) that need further declinations within the individual contract.

This innovation also affects the extensions and renewals, the rules of which refer to the one of the fixed-term contract.

The Italian Ministry of Labor (note 7959 of 13 September 2021) and the INL (note 1363 of 14 September 2021) therefore specify the possibility of renewing or extending a fixed-term contract according to the new provisions of collective agreement.

This option is currently foreseen until the 30 September 2022 but the term refers to the formalization of the contract.

Fenwick launches D.C. office with Freshfields, Dechert partners

(Reuters) – Weeks after hiring an antitrust partner away from Skadden, Arps, Slate, Meagher & Flom in Washington, D.C., Fenwick & West on Tuesday announced it was formally setting up shop in the nation’s capital with a new pair of regulatory-focused hires.

Thomas Ensign and Melissa Duffy have joined the Silicon Valley-founded firm’s new Washington, D.C. office as partners, where they’ll work alongside former Skadden counsel Steven Albertson. All three have joined Fenwick’s regulatory group. Ensign is a former Freshfields Bruckhaus Deringer partner, while Duffy was a partner at Dechert.

It’s the third office Fenwick has launched within the past five years, and it’s a reflection of how Fenwick’s technology and life sciences clients are facing greater regulatory scrutiny, firm chair Richard Dickson said.

“Our clients need increasingly sophisticated regulatory advice,” Dickson said.

Other law firms have been taking similar steps. Gibson, Dunn & Crutcher, Jenner & Block, Latham & Watkins, Mayer Brown, Shearman & Sterling, and Wilson Sonsini Goodrich & Rosati have added Justice Department and FTC alumni in recent months in anticipation of greater scrutiny from the Biden administration.

Dickson said Fenwick will grow its presence in Washington, but there is no set goal for the number of lawyers that will be based there.

Dickson also held open the possibility of expanding into other markets where there is a strong presence of technology and life sciences clients. Fenwick counts companies like Cisco Systems Inc, Electronic Arts Inc, Facebook Inc and Intuit Inc as clients.

“Technology and life sciences are not as concentrated in places like Silicon Valley as it once was,” Dickson said. “As that grows, we’ll grow along with it.”

The firm has profited from its focus on technology and life sciences clients. Last year, Fenwick’s revenue rose by 15% to $543 million while profits per equity partner grew more than 31% to $2.84 million, The American Lawyer reported in February.

That focus has been “the wind at our sails for our growth,” Dickson said. “Our clients have done very well over the last several years, and we’ve done very well alongside them.”

Ensign specializes in antitrust matters. His profile on Freshfields’ website said he advised on the London Stock Exchange’s $27 billion acquisition of Refinitiv from Thomson Reuters and Blackstone, a deal that closed earlier this year.

Ensign also worked on Intel Corp’s $16.7 billion acquisition of semiconductor manufacturing company Altera Corp, according to Freshfields.

Duffy is a five-year veteran of Dechert, where she advised clients on international trade issues, including trade controls and national security rules for cross-border transactions.

Representatives for Freshfields and Dechert wished Ensign and Duffy well, respectively.

Jacy Whittaker joins Leaders in Law as the exclusive Commercial Litigation Law member in the Bahamas

Leaders in Law, the leading platform in its field, is delighted to welcome Jacy Whittaker as our exclusively recommended & endorsed Commercial Litigation Law expert in the Bahamas. Jacy’s office is located in Freeport.

For Jacy Whittaker, the key to winning cases is being abundantly overprepared. As an attorney, Jacy gears up for war on everything. The litigator never walks into a courtroom without more research, more evidence, and more potential angles than warranted. This over-preparation allows him to think on his feet, building confidence—and the court’s regard—through each winning application, writ, submission, and hearing. Rather than being exhausted by sheer volume, the youthful lawyer becomes even more invigorated. After all, he lives to argue—and win.

Jacy got his start in 2000, working as a legal assistant for Frederick R.M. Smith, QC, a legendary attorney in the Bahamas. Mr. Smith had been intrigued by a brand of intelligence that has since served Jacy well in the courtroom. Even then, a talent analysis showed Jacy’s strengths as a future litigator.

If you require any assistance in this area, please use the contact details provided in Jacy’s profile below or contact us at info@leaders-in-law.com & we will put you in touch.

Global Awards 2021 – Sample Inclusions

If you have been nominated for the upcoming Leaders in Law – Global Awards 2021, you will have the opportunity to promote your success in the upcoming publication.

Please see the samples below:

Full Page Inclusion

Half Page Inclusion

Business Card Inclusion

Hong Kong: a world where the old and the new live side by side

Hong Kong SAR

  1. Hong Kong Limited Partnership Fund (“LPF”) Regime

Hong Kong is the second largest private equity hub in Asia after Mainland China. As an international financial centre, Hong Kong has a vital role to play in the Funds Industry, and is committed to strengthening its position as a jurisdiction of choice for Private Funds in Asia for investment and wealth creation in the region.

Significant milestone for private fund structuring in Hong Kong

The Hong Kong LPF Ordinance was enacted on 31 August 2020, aiming to allow Private Funds to set up and operate locally as Limited Partnerships. The new LPF regime provides an alternative investment vehicle for private fund managers who are raising funds or investing in Asia and looking for a regionally domiciled fund vehicle.

Main Features of the Hong Kong LPF

It is widely used by Closed-Ended Private Funds such as private equity, venture capital, real estate, infrastructure, debt and special situation funds;

  • Fund structure is governed by a Limited Partnership Agreement with General Partner (“GP”) and at least one Limited Partner;
  • A simple and user-friendly set-up process by registration with the Registrar of Companies by a Hong Kong registered law firm or solicitor;
  • Tax benefits: no capital duty and no stamp duty: LPF is typically in scope under the unified funds exemption and carried interest can be tax exempted.

Key parties and operation obligations

  • GP is responsible for daily management and control of the LPF, assuming unlimited liability;
  • Investment Manager must be SFC-licensed if undertaking regulated activities in Hong Kong;
  • Auditor is appointed to perform independent fund audit annually;
  • AML responsible person is to carry out anti-money laundering compliance functions;
  • Proper custody management is required;
  • A registered office is maintained in Hong Kong;
  • Independent party such as fund administrator may be engaged for fund valuation and investor services as necessary and applicable.

It is proposed that the LPF regime will allow re-domiciliation of offshore funds to Hong Kong provided that the migrating offshore fund meets the same set of eligibility requirements of an LPF. Hence the new LPF regime will no doubt provide ample opportunities and long-term growth for the Fund Industry and the Private Equity sector in Asia.

2. Trust or Company Service Providers license

To enhance the due diligence commitments on the designated non-financial businesses and professionals, a licensing regime was introduced under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance on 1 March 2018.

Any person who carries on a trust or company service business as defined in the guideline is required to obtain a Trust or Company Service Providers license (“License”) from the Registrar of Companies. The License will be granted for three years’ period and the Licensee needs to renew it subject to a ‘fit and proper’ test.

Anyone who carries on the relevant business without a TCSP license is liable on conviction for a fine of HK$100,000 and imprisonment for 6 months.

3. Legal update

Waiver of registration fees for annual returns (except for late delivery) for 2 years.

With effect from 1 October 2020, registration fees for annual returns delivered to the Companies Registry on time and within the concession period from 1 October 2020 to 30 September 2022 (both dates inclusive) are waived. This applies to all private and public companies having share capital, companies limited by guarantee and registered non-Hong Kong companies.

Increase of stamp duty rate on transfer of Hong Kong stock

With effect from 1 August 2021, the rate of stamp duty payable on sale or purchase of Hong Kong stock is increased from 0.1% to 0.13% of the consideration or value of each transaction payable by buyers and sellers respectively.

New Inspection Regime under the Companies Ordinance

Proposals have been made to the Legislative Council on the timing of implementation of the new inspection regime by the public about the Usual Residential Addresses (“URAs”) and full identification numbers (“IDNs”) (collectively “Protected Information”) of directors, company secretaries and other relevant persons as follows:

Phase 1 – from 23 August 2021, companies may replace URAs of directors with their correspondence addresses, and replace full IDNs of directors and company secretaries with their partial IDNs for public inspection on their own registers;

Phase 2 – from 24 October 2022, Protected Information on the Index of Directors on the Register of the Registry will be replaced with correspondence addresses and partial IDNs for public inspection. Protected Information in the documents filed with the Registry after commencement of this phase will not be provided for public inspection.

Phase 3 – from 27 December 2023, data subjects could apply to the Registry for protecting from public inspection their Protected Information contained in documents already registered with the Registry before commencement of Phase 2, and replace such information with their correspondence addresses and partial IDNs.

Notwithstanding the above, specified Persons could apply to the Registry for access to Protected Information from Phase 2 onwards

Please do not hesitate to contact us should you require any further information.

ARTICLE BY: Alex Cho 

CEO – Sino Corporate Services GroupSino Group

Nils T. F. Schmid joins Leaders in Law as the exclusive Mechanical Engineering member in Germany

Leaders in Law, the leading platform in its field, is delighted to welcome Nils T. F. Schmid as our exclusively recommended & endorsed Mechanical Engineering expert in Germany. Nils’s office is located in Munich.

Nils T.F. Schmid specializes in traditional mechanical engineering, his particular interest being in the areas of motor vehicles, tool engineering, process engineering, textile technologies, and medical technology. For his clients, especially medium-sized companies in Germany/Europe and Asian and American big corporations, he develops both German and global patent strategies and sees to their implementation with regard to the building up and management of patent and design patent portfolios.

Other key areas of his work include infringement and nullity disputes regarding patents, utility models, and designs, and the establishment and counseling of in house IP departments, including advising on employee inventor law.

If you require any assistance in this area, please use the contact details provided in Nils’s profile below or contact us at info@leaders-in-law.com & we will put you in touch.

Italian Freezing Of Redundancies: Better To Summarize

Italian government identifies a solution to face the pressures received (DL 99/2021 of last June 30, Art. 4).

Employers in the fashion and extended textile sector with the beginning of the Ateco code 13, 14 and 15 remain precluded until 31 October 2021 from the possibility of individual and collective economic redundancies.

In view of the block, it was possible for a maximum duration of seventeen weeks in the period between 1 July and 31 October 2021 to grant the ordinary wage supplement treatment (art.19 and 20 DL 18/2020) without the payment of the additional contribution.

Lowering the new provision in the context of the ‘Sostegni’ Decree (art.8 DL 41/2021 converted by L 69/2021), it follows that:

  • The general block on dismissals for workers of companies that have CIGO and extraordinary CIG (especially industry and agriculture) ended on 30 June 2021
  • Redundancies are forbidden until October 31, 2021 for employers in the fashion and extended textile sector with the beginning of the Ateco code 13, 14 and 15
  • Redundancies are prohibited until October 31, 2021 for workers of companies covered by ‘FIS’ and instruments in derogation (especially tertiary)

In any case, while the block is in effect, it is always possible to terminate the employment relationship in the following cases

  • corporate collective agreement
  • expansion contract
  • reinstatement for change of contract
  • bankruptcy
  • definitive termination of the company’s business (which does not involve the transfer of a company or one of its branches)
  • just-cause dismissal
  • dismissal for disciplinary reasons
  • dismissal for exceeding the grant period of illness
  • dismissal for failure to pass the probationary period
  • dismissal for reaching age for the use of the old-age pension
  • dismissal for unfitness for duties
  • dismissal of the domestic worker
  • dismissal of the manager (even if a recent jurisprudential orientation is contrary)
  • the termination of the apprenticeship at its expiration date
  • consensual employment terminations and resignations for just cause

A&O launches Silicon Valley tech team as Linklaters hires litigation star

In a major expansion of its US operations, Allen & Overy (A&O) has made an eye-catching move for seven White & Case technology partners to establish a new Silicon Valley presence.

Making the switch are partners Shamita Etienne-Cummings, Bijal Vakil, David Tennant, Eric Lancaster, Adam Chernichaw, Daren Orzechowski and Alex Touma. The new multidisciplinary team will be headed by Orzechowski and Vakil, with all of the arriving partners operating from the current locations in Silicon Valley, San Francisco, New York and Washington DC.

The team will offer a combined strength in technology disputes, transactions, patent litigation and intellectual property. As well as a new Silicon Valley hub, the team transfer will also provide A&O with a new San Francisco office.

A&O senior partner Wim Dejonghe said: ‘All businesses are technology businesses now. Our clients have been asking us when we will have a presence in Silicon Valley and now we are adding an offering that we will grow to serve as the firm’s centre of excellence in a range of technology areas. This is truly a top team and integrating them into our existing practice will be game-changing for us, not just in the US, but in our capabilities to serve clients in the key markets of Europe and Asia as well.’

Continuing the Magic Circle’s US push this week, Linklaters has appointed litigation heavyweight Richard Smith as a partner in Washington DC, a rare exit from Quinn Emanuel Urquhart & Sullivan. With over 30 years’ experience, Smith has an established reputation in litigation, particularly in white-collar defence.

Prior to private practice, Smith spent 15 years as a senior government prosecutor and was the former principal deputy chief for litigation of the fraud section of the US Department of Justice, Criminal Division.

Adam Lurie, head of Linklaters’ dispute resolution practice in the US, commented: ‘I’ve worked across from Richard on high-profile cases and our clients will benefit from his extensive experience, outstanding judgement and exceptional advocacy skills.’

In the UK, Walker Morris has made a significant addition to its real estate group, hiring partner George Bacon from Eversheds Sutherland. Ranked by The Legal 500 as a ‘leading individual’ for real estate in Yorkshire and the Humber, Bacon was previously head of real estate for Eversheds’ Leeds office.

Bacon said: ‘As a unique one-site firm located in Leeds, Walker Morris’ entrepreneurial philosophy, excellent reputation and breadth of expertise give it a distinctive edge and I am looking forward to being a part of one of the strongest specialist real estate teams in the country.’

Bird & Bird has expanded in London with the addition of experienced corporate finance partner Nick O’Donnell, who joins from Baker McKenzie. O’Donnell has spent 20 years advising clients across the technology, healthcare, energy, retail, media and financial services sectors on M&A, equity capital markets and ESG matters.

He has significant pedigree, having worked at Allen & Overy for over a decade with secondments at Morgan Stanley and Goldman Sachs.

Matt Bonass, head of Bird & Bird’s corporate group in London, said: ‘He has an excellent track record of advising on upper mid-market, cross-border deals; and his reputation is outstanding. We’re looking forward to having him onboard!’

Finally, in New York, Squire Patton Boggs has hired tax partner Jeffrey Koppele from Ashurst. Koppele has a wide practice advising clients on both domestic and international transactions, as well as dispositions, bankruptcy and restructurings, funds and investments, capital markets transactions and real estate investments.

Mitch Thompson, global head of the tax strategy and benefits practice group, said: ‘The expansion of our US tax team is an important part of our global growth strategy and Jeff will be significant boost our US and international tax offering to clients.’

Leaders in Law – Global Awards 2021 – Nominations

We would like to thank you for all of your nominations for the Leaders in Law Global Awards 2021. 

We are currently finalising our awards but if you would still like to be considered for an award please contact info@leaders-in-law.com or visit our nominations page:

https://www.leaders-in-law.com/nominations/

Winning applicants will be featured in our exclusive Global Awards 2021 Magazine, recieve a crystal trophy and our signature logos for marketing purposes:

Global Award Winner Logo LB

Global Award Winner Logo DB

Good Luck to all and Stay Safe,

The Leaders in Law Team

How To Build A Solid Personal Injury Case In 7 Easy Steps

Personal injury cases are the lawsuits filed against the people who have injured you in any way possible. Personal injury cases are one of the most common cases filed every year. Almost 2 million personal injury cases are filed every year where most plaintiffs are involved with car accidents injuries, slip and fall injuries, and injuries caused by negligence.

In addition, the accidents cost lost wages, reduced ability to work, and additional conditions that come after the accidents. Hence, getting the right compensation becomes essential.

While assessing the loss for the compensation, you need to look after every small detail that can be considered an expense and added to your compensation calculation. Working with an experienced attorney will help you come up with the most accurate compensation number. To know how a personal injury attorney can help you, read more here.

What Factors Make Up A Viable Personal Injury Claim?

Although there are many factors that make your claim rock solid, all the factors can be categorized into these three umbrella factors.

  • Damages and injuries.
  • Clear liabilities.
  • Deep pockets.

Yes, there is a possibility that someone was negligent, and their negligence caused the accident. However, if you do not have any proof to claim, you don’t have any case to fight.

If you want to build your case, you need to have the right evidence for it. For instance, the injuries you have accrued in the accident. Furthermore, you need to find the liability which proves the opposition is at fault.

How To Build Your Personal Injury Case?

When you are injured at the cost of other negligence, you have the full right to ask rhythm for compensation for their mistake. However, when they refuse to give you the right compensation, you can take them to court.

However, before you take the opposition party into the country, you need to know that you would not be able to get the true value of your claim without a strong case. That being said, here we are with the things you need to consider to make your case strong.

Step 1: Know The Type Of Case Your Are Dealing With

Before filing a personal injury lawsuit, you must know what type of case you’re dealing with. Understanding the nature of the case will help you prepare yourself accordingly.

Step 2: Get A Complete Medical Treatment

If the accidents have caused you harm or severely injured, get complete medical treatment. The medical records act like evidence and make your case sturdier.

Step 3: Hire An Attorney

Some of the accidents can harm you emotionally and make it difficult to take any legal decision. In such a scenario, you should seek help from a personal injury attorney. A personal injury attorney can help you negotiate, manage the case-related document and give you enough time to recover from your injuries.

Step 4: Look For Witnesses

Witnesses play an important role in modifying your case. Look for witnesses who are willing to give their statements. Having witnesses to your side might bolster your side of the story and revamp your case.

Step 5: Gather Evidences

Law believes the evidence you showcase in your case. The more evidence you can provide to support your claim, the better for your case. Gather evidence that can help the judge reach an amicable decision.

Step 6: Consider Your Pain & Suffering

It is a good idea to express your pain and suffering in the courtroom. This shows that just drastically the injuries have affected your life. In addition, your pain and suffering help the judges evaluate the severity of the damage you have accrued.

Step 7: Seek A lawsuit Funding

Finally, seek lawsuit funding for your case. It is a quick source of money for the plaintiff amid the case. With the lawsuit funding, you do not have to worry about leaving your case in the middle. In addition, these loans are 100% risk-free, which means you are asked to pay only after winning the case.

The Bottom Line

The law has always been serious about the mistakes that have resulted in death. The only thing you need to do is gather enough evidence to prove your case. If you can do that, you will hold an upper hand in winning the case.

Do not be afraid of filing personal injury cases against the opposition, even if they are big names. But, before you file your lawsuit, hire a personal injury attorney to ensure your procedure is not infected by any mistakes.