Category Archives: International Law

Examining EC Law Pleas on Own Motion and Reformatio in Pejus: Case C-455/06

The principle of “reformatio in pejus” is relatively common in Continental legal systems and means that an individual bringing an action cannot be placed in a less favorable position than if he had not brought the action in the first….. To continue reading this legal news please click Read full information...

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The Lawfare Podcast: The Challenges of Digital Evidence

Encryption usually takes center stage in debates over digital evidence, and the sensitivities around the issue often halt discussions before reaching practical solutions. But on July 25, the Center for Strategic and International Studies unveiled a new report detailing solutions to other, less-fraught challenges that digital evidence presents to federal law enforcement. The launch event featured a panel discussion moderated by Jen Daskal, with an ensemble cast of law enforcement experts, including Lawfare contributing editor David Kris, David Bitkower, Ethan Arenson, Jane Horvath, and Michael Sachs. They talked about the challenges faced by law enforcement in accessing and utilizing digital evidence, the civil liberties and privacy concerns digital evidence provokes, and the role of Internet Service Providers in any new legal or policy framework.   .. To continue reading this legal news please click Read full information...

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Domestic Violence, Human Rights and Family Courts

In what appears to be a universal phenomenom, mothers who raise allegations that the father is abusing her or the children are often not awarded custody and even less so if the mother alleges sexual abuse. The mothers are accused….. To continue reading this legal news please click Read full information...

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China Employee Resignations: The Dos and the Don’ts

Handle ALL China employee resignations with careChina employees during their employment contract term can generally resign by giving 30 days’ written notice. China employees during their probation period generally can leave their employment by giving a mere 3 days’ notice. Under China’s employment law, when an employee voluntarily resigns, the employee’s resignation is deemed to have been a “unilateral termination” initiated by the employee and no statutory severance is owed to the employee. Even when dealing with an employee’s voluntary resignation, it still behooves employers in China to proceed with care. In this post, I discuss a few dos and don’ts China employers should keep in mind when dealing with a resigning employee. First, do keep clear written records documenting what led to your soon-to-be former employee’s departure. One of the common problems our employment lawyers see in our….. To continue reading this legal news please click Read full information...

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Bloomberg Tracking Pharmaceutical Prices

One way the Trump Administration appears to attempt to control drug prices is through use of the “bully pulpit.”  Wikipedia states that the “bully pulpit”: “is a conspicuous position that provides an opportunity to speak out and be listened to. This term was coined by United States President Theodore Roosevelt, who referred to his office as a "bully pulpit", by which he meant a terrific platform from which to advocate an agenda.”  President Trump has used strong language to apparently shame pharmaceutical companies from raising drug prices.  Indeed, two pharmaceutical companies announced they would not raise prices for their drugs.  Those two examples make great headlines for President Trump, but are drug prices as a whole getting lower in the United States.  Bloomberg seeks to answer that question and is tracking the pricing of "widely used" and "well known" drugs across several….. To continue reading this legal news please click Read full information...

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