ArticleWebsite Terms of UseIf you own a website and you want to prevent your content from being misappropriated by third parties, then you'll be cheering for Ryanair as Michael O'Leary takes on a German price comparison website. IrelandStrategyLK Shields
ArticleSupreme Court: UK Secretary Of State Entitled To Be Treated As A Preferential Creditor In A Winding UpLK Shields Solicitors acted for the Secretary of State for the Department of Business Innovation and Skills of the Government of the United Kingdom (the Secretary of State) in a Supreme Court Appeal which raised a succinct technical point in a liquidation.IrelandFinance and BankingLK Shields
ArticleThe Draft Alternative Investment Fund Managers Directive (AIFM)Following a protracted period of intense lobbying at European level, the European Parliament and the EU Council recently finalised their respective drafts of the Alternative Investment Fund Managers Directive. European UnionFinance and BankingLK Shields
ArticleDisciplining Employees for Activities Outside the WorkplaceDealing with misconduct in the workplace is, unfortunately, an issue that most employers will have to address at one stage or another. IrelandEmployment and HRLK Shields
ArticleRelocation ClausesThe Terms of Employment (Information) Acts 1994 and 2001 specifically provide that an employer is obliged to provide an employee with a statement in writing no later than two months after the commencement of employment containing certain particulars in relation to his or her employment.IrelandEmployment and HRLK Shields
ArticleWorkplace TemperaturesAfter an icy start to the New Year we thought it timely to take a look at employers' obligations in relation to temperatures in the workplace. The Safety, Health and Welfare at Work (General Application) Regulations 2007 ("the 2007 Regulations") which were introduced pursuant to the Safety, Health and Welfare at Work Act 2005 ("the 2005 Act"), deal with the issue of temperatures in the workplace. IrelandEmployment and HRLK Shields
ArticleEnforcement Of Intellectual Property Rights: Border Measures And Protection Against Counterfeit And Pirated GoodsCounterfeit goods and pirated goods both infringe intellectual property rights, as do moulds or matrices which are specifically designed for the manufacture of goods which infringe an intellectual property right.IrelandIntellectual PropertyLK Shields Solicitors
ArticleKeep it Under Your HatFor some larger companies and groups, it makes good business sense to avoid having to publicly file their accounts. This involves adopting a corporate structure that sees the business move from limited company status to unlimited company status. Alan Browning discusses the issues involved. IrelandCorporate/Commercial LawLK Shields
ArticleUnlimited Companies: No Obligation to Publicly File AccountsFor some larger companies and groups, it makes good business sense to avoid having to publicly file their accounts. This involves adopting a corporate structure that sees the business move from limited company status to unlimited company status.IrelandCorporate/Commercial LawLK Shields
ArticleTerms And Conditions May Protect Websites From Infringing Screen Scrapers: Ryanair Limited v Billigfluege.deWebsite owners must often contend with the activities of third party screen scrapers. The website owners are now in a stronger position due to a recent decision by Mr. Justice Michael Hanna in the Irish High Court in the case of "Ryanair Limited v Billigfluege.de GmbH" delivered on 26 February 2010.IrelandIntellectual PropertyLK Shields
ArticleRestructuring Defined Benefit SchemesThe overwhelming majority of defined benefit pension schemes are running deficits at present due to a combination of factors, including adverse performance of investment markets, longevity of pensioners and tighter regulatory controls. IrelandEmployment and HRLK Shields
ArticlePayment Services Directive : Are You Ready?The Payment Services Directive 2007/64/EC (the “PSD”) will become effective in Ireland on 1 November 2009 and will introduce a new EU-wide licensing regime for many firms and business that have up until now operated in an unregulated environment.IrelandFinance and BankingLK Shields
ArticleNew Tender Review ProcessPublic sector contracts invariably involve high value contracts. The EU has developed a series of complex regulations governing the way contracts are awarded and which set out the remedies for unsuccessful tenderers who feel aggrieved by the tender process. Eoin Cunneen and Niamh Hackett simplify the process. IrelandGovernment, Public SectorLK Shields
ArticleOne Out, All OutGiven the recent well-publicised escalation of industrial action by public sector unions, Jennifer Clarke takes a timely look at the law governing industrial action in this country.IrelandLitigation, Mediation & ArbitrationLK Shields
ArticleInsurers Must Pay Costs Of Coming Off RecordA recent decision of the High Court provides some insight as to the extent to which an insurer may be liable to pay costs when it instructs its solicitors to come off record for an insured IrelandInsuranceDillon Eustace
ArticleAccounts Warranties and Unknown LiabilitiesAn issue that frequently exercises the minds of buyers and sellers of companies and businesses is the possibility of a previously unknown pre-completion liability that comes to light after completion of the transaction, particularly where provision for the liability, if known, would have been made in the audited or management accounts of the target. IrelandFinance and BankingLK Shields
ArticleAccounts Warranties and Unknown LiabilitiesAn issue that frequently exercises the minds of buyers and sellers of companies and businesses is the possibility of a previously unknown pre-completion liability that comes to light after completion of the transaction, particularly where provision for the liability, if known, would have been made in the audited or management accounts of the target. IrelandLitigation, Mediation & ArbitrationLK Shields
ArticleCollaborative Law - Divorce Without LitigationAll divorces involve decisions and choices such as which financial/legal and/or medical professionals to use and how to utilise their help. These decisions can powerfully affect whether a divorce moves forward smoothly or not. Some couples resolve all their divorce issues without any professional assistance whatsoever. More frequently, some couples engage in drawn out courtroom battles, which drains the family’s emotional and financial resources, are destructive to relationships and can take conIrelandFamily and MatrimonialLK Shields Solicitors
ArticleGoogle Adwords And Online Advertising: Trade Mark Infringement? ECJ DecisionEarlier this week, the Court of Justice of the European Union (the "ECJ") ruled that the operation of the AdWords system by Google in itself was not a breach of EU trade mark law, but that the content of some advertisements that are linked by Google keywords may well be in breach depending upon the particular facts of the case.European UnionIntellectual PropertyLK Shields
ArticleRecent Legal and Regulatory Developments for Irish UCITSIn December 2009, the Committee of European Securities Regulators (CESR) issued its technical advice to the EU Commission on level 2 measures relating to mergers of UCITS, master-feeder UCITS structures and cross-border notification of UCITS. IrelandFinance and BankingLK Shields