If an employer alleges cause for termination and in support of such allegation it relies on the result of an investigation, then must the employer disclose the identities of the persons who complained about the employee? Does the answer change if the complainants were “whistleblowers”, who were permitted to make anonymous complaints and who were…
Why are German Wills often successfully challenged and voided? As in most jurisdictions, a German Last Will can be challenged if the testator, at the time of making the Will, (i) lacked mental capacity (in German: if he or she was “testierunfähig”); or (ii) was under undue influence, e.g. pressured or threatened (“bedroht”); or (iii)…
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In its judgment of 16 February 2021 in Hanan v Germany, [1] the Grand Chamber of the European Court of Human Rights (‘the ECtHR’) confirmed that the European Convention on Human Rights (‘the ECHR’) applies extraterritorially to the conduct of armed forces deployed abroad by Contracting States. The case thus presents important findings on the question…
Brazilian firm Mattos Filho reports that, on August 23, 2024, the Brazilian Data Protection Authority (“ANPD”) published Resolution No. 19/2024, approving the Regulations on International Data Transfers (“Regulations”) and the content of standard contractual clauses in accordance with the Brazilian Data Protection Law (Law No. 13,709/2018 – “LGPD”). The Regulations are the result of a…
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In two blog posts (here, here) I have commented on the recognition of professional qualifications between the EU and UK post-Brexit. Yet to be described and reflected upon, however, is the more general scheme of legal regulation of the recognition of professional qualifications which applies to third-country nationals coming to the EU, be they regular,…
Read More “Recognition of Professional Qualifications of Migrants at Work in the EU: Part I” »
The Value Of A Life Lost At the initial client intake interview, a lawyer handling a wrongful death case has the important job of explaining the law to their clients, as well as breaking down the practical considerations of bringing the case. Unfortunately, as detailed in Chapter 4, this often includes informing family members of…
TWITCHELL TECH. PRODS., LLC v. MECHOSHADE SYS., LLC, 2024 NY Slip Op 1744 – NY: Appellate Div., 2nd Dept. 2024: “This appeal requires us to analyze the factors to consider when evaluating whether a restrictive covenant in an ordinary commercial contract is enforceable. Although there is a dearth of New York state case law on…
In a significant step towards enhancing the vitality of Francophone communities, Canada has announced the launch of the Francophone Minority Communities Student Pilot (FMCSP) program, which began on August 26, 2024. This initiative aims to attract French-speaking international students and immigrants, further enriching the linguistic, social, and economic landscape of Francophone minority communities (FMCs). The…
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We recently had a case whether the decedent worked for the United Nations, and as a condition of employment had to deposit wages into a New York bank account. Decedent died in Africa, and his children, all African citizens, could not retrieve this money – which had accumulated to a large sum over his many…
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In the blink of an eye, I am gearing up for my final semester of law school at the University of Ottawa, Faculty of Law. The past two and a half years have been incredible, challenging and rewarding. As I reflect on my law school experience, there are a few things I wish I had…
