Primerus Express Monthly Newsletter – July 2020

July 29, 2020

Primerus Express

In addition to the featured articles below, make sure you visit the Primerus Coronavirus Updates page here.

 

State and Local Government Mandatory Mask Ordinances and Orders: Are They “Legal”? 

There is an ongoing social, political, and healthcare debate surrounding mandatory mask ordinances and orders that have swept the country in recent months.

Full Article

Recognized Ombudsman and Register of Advisers According to FinSA 

The following institutes were recognized as ombudsmen according to Art. 84 Federal Act on Financial Services (FinSA) by the Swiss Federal Department of Finance (FDF) on 24 June 2020: Swiss Banking Ombudsman, Ombudsstelle Finanzdienstleister (OFD), Finanzombudsstelle Schweiz (FINOS), and Ombud Finance Switzerland (OFS). 

Full Article

Intellectual Property in Employment Agreements 

One of your employees has developed a new method that substantially improves the efficiency of a process your company uses to manufacture one of its product lines. You want to file a patent application to cover the new method, but the employee refuses to cooperate and says that the invention belongs to him, not the company.

Full Article

New Certificate of Origin Procedures Under the USMCA 

The United States-Mexico-Canada Agreement (“USMCA”) will enter into force on July 1, 2020. As of such date and afterward certificates of origin issued pursuant to the NAFTA form will no longer be valid for purposes of requesting preferential treatment under the USMCA.

Full Article

Federal Court Rules That Employees Cannot Access Sick Leave While They Are Stood Down

An important judgment has been handed down by the Federal Court regarding the question of whether stood down employees can access paid personal leave (including sick leave). The Honourable Justice Flick, the judge presiding over the case, concluded that the question be answered in the negative.

Full Article

Why You Should Outsource Your Document Review 

No one involved in litigation will argue that eDiscovery isn’t an expensive headache. The combination of costs, data volume, and timelines create a financial and administrative pressure on both clients and counsel.

Full Article

Neighbour Nuisance – The Preventative Claim Towards Neighbours 

Despite being a common problem, and even in case of building works, neighbour nuisance has so far not been explicitly regulated.

 Since article 544 of the Civil Code contains a definition of “property law”, it has always served as basis for claims with regard to neighbour nuisance.

Full Article

Whose Pet Is It, Anyway? 

In one hypothetical, “Mittens” is delivered to Clinic by Jane and left there for treatment. At some point during Mittens’ stay, Clinic receives a call from John claiming to be Mittens’ “real” owner, and claims that Mittens should only be released to him rather than Jane. Jane returns to Clinic to pick up Mittens, insists that she is the “real” owner, and demands release of Mittens into her custody.  

Full Article

Do You Have the Right Real Estate Broker or Salesperson for the Job 

You probably already know that if you are going to buy or sell a house, a parcel of land, or a commercial property, it would be a good idea to utilize the services of a real estate professional who has experience in transactions involving the type of property you are going to buy or sell. But did you know that the Arizona Department of Real Estate has a rule that says if a licensed real estate broker or salesperson is hired to provide services that are outside the licensee’s “field of competence,” the licensee must either get help from a person who has the necessary competence, or provide written disclosure of the licensee’s lack of expertise?

Full Article

First in Hong Kong: Disclosure Order Granted for the Provision of Documents Through a Virtual Data Room 

In June 2020, ONC Lawyers pushed the bounds of existing civil procedures to by obtaining an order from the Court that data rooms could be used for service of legal documents (as opposed to flying crates of papers around the world).

Full Article

Primerus Webinar Series

A webinar series hosted by Primerus members is ongoing. Click here for a full schedule of webinars and to register.

 

About Primerus 

Primerus is a society of the world’s finest independent, boutique law firms. With nearly 200 member firms in 50 countries, Primerus provides clients easy access to the right lawyer, with the right skills, in the right location, and at the right cost. We seek out, accept and retain only the best firms for membership. Each firm is screened to ensure its commitment to excellence as embodied in the Six Pillars: Integrity, Excellent Work Product, Reasonable Fees, Continuing Legal Education, Civility and Community Service. 

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