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8FebMac clauses: drafting, enforceability and alternative remediesIntroduction In times of economic difficulty, parties to M&A transactions are more inclined to adopt mechanisms that allow them to adjust or even terminate their agreements if certain adverse events occur. One such mechanism, which has received much attention in recent years, is a material adverse change (MAC) clause, also called a material adverse effect…
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8FebGroup of companies: recent supreme court decisionRecent case In Decision 25270, which was issued on November 29 2011, the Labour Section of the Supreme Court ruled on the status of parent companies in the employment relationships of their subsidiaries’ employees. The court stated that if a parent company effectively interferes itself in the management of such relationships, it is deemed to…Articolo inserito in: Diritto del Lavoro
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13GenCorte di giustizia unione europea – affollamento pubblicitario in tvIl 24 novembre 2011 la Corte di Giustizia ha reso un’interessante pronuncia in materia di pubblicità televisiva e tempo di trasmissione (C-281/09, Commissione europea c. Regno di Spagna). Data la valenza generale delle affermazioni della Corte nella sentenza in esame, nonostante questa si riferisca alla normativa in materia di limiti di affollamento pubblicitario anteriore alla…Articolo inserito in: Televisione
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12GenCrisis could force restart of digital dividend allocation plansIn 2011 two procedures for spectrum allocation were launched in Italy. The first was a spectrum auction to allocate the external digital dividend (ie, frequencies in the 800, 1800, 2000 and 2600 megahertz (MHz) bands) to telecommunications operators for the purpose of developing commercial terrestrial radio systems and public electronic communications, including mobile broadband networks…
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13DicFrench court finds Google has editorial control over adwords advertisingOn November 14 2011 the Tribunal de Grande Instance de Paris (TGI) ruled against Google France and Google Ireland, finding that their AdWords service allowed a company to use an individual’s name as a keyword to trigger links to an article and photographs that infringed the individual’s rights to private life.Articolo inserito in: Internet & Ecommerce
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12DicActive or passive? Court of rome rules on role and liability of ispsOn October 20 2011 the Court of Rome issued a decision that will contribute significantly to the ongoing debate – both in Italy and the rest of Europe – on the role and liability of internet service providers (ISPs). The lawsuit was initiated by a request for precautionary measures filed by RTI, Italy’s main private…
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12DicIl futuro del broadcasting terrestreIl dipartimento Technology and Development dell’European Broadcasting Union (EBU) ha pubblicato a ottobre il rapporto tecnico n. 013, intitolato “The Future of Terrestrial Broadcasting”...
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1DicLocalization systems are legal for vehicles used for employment activities – but on what conditions?Under Italian law, all forms of distance monitoring are prohibited by Article 4 of the Statute of Employees (Law 300/1970), as well as by Article 114 of the Privacy Code (Legislative Decree 196/2003), which expressly refers to the provision of the Statute of Employees. In particular, the law prohibits the use of distance monitoring systems…Articolo inserito in: Diritto del Lavoro
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1DicLawyer monthly – Telecommunications lawAs part of this month’s Legal Focus, we take a look at the Italian Telecommunications sector by speaking to Ernesto Apa, partner at Italian law firm, Portolano Colella Cavallo Studio Legale. The industry globally has seen the latest wave of mergers and acquisitions prompted by the effects of the recession, however, the Italian industry is…Articolo inserito in: Regolamentare
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23NovConstitutional court clarifies indemnity for invalid temporary employment agreementsTowards the end of 2010 Parliament approved a significant piece of legislation – Law 183/2010, known as the Collegato Lavoro – which affects several aspects of employment law, including the indemnity that an employer must pay when an individual is employed under an invalid temporary employment agreement. The previous provisions of labour legislation were not…Articolo inserito in: Diritto del Lavoro
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