Law Books
Encounter Books,USA The Unelected: How an Unaccountable Elite is
Book SynopsisAmerica is highly polarized around elections, but unelected actors make many of the decisions that affect our lives. In this lucid history, James R. Copland explains how unaccountable agents have taken over much of the U.S. government apparatus.Congress has largely abdicated its authority. “Independent” administrative agencies churn out thousands of new regulations every year. Courts have enabled these rulemakers to expand their powers beyond those authorized by law—and have constrained executive efforts to rein in the bureaucratic behemoth. No ordinary citizen can know what is legal and what is not. There are some 300,000 federal crimes, 98 percent of which were created by administrative action. The proliferation of rules gives enormous discretion to unelected enforcers, and the severity of sanctions can be ruinous to citizens who unwittingly violate a regulation.Outside the bureaucracy, private attorneys regulate our conduct through lawsuits. Most of the legal theories underlying these suits were never voted upon by our elected representatives. A combination of historical accident, decisions by judges and law professors, and self-interested advocacy by litigators has built an onerous and expensive legal regime.Finally, state and local officials may be accountable to their own voters, but some reach further afield, pursuing agendas to dictate the terms of national commerce. These new antifederalists are subjecting the citizens of Wyoming and Mississippi to the whims of the electorates of New York and San Francisco—contrary to the constitutional design. In these ways, the unelected have assumed substantial control of the American republic, upended the rule of law, given the United States the world’s costliest legal system, and inverted the Constitution’s federalism. Copland caps off his account with ideas for charting a corrective course back to democratic accountability.Trade Review“The Unelected is valuable reading for anyone committed to a republican form of government. Copland identifies multiple aspects of the regulatory state that are fairly opaque and unaccountable but wield considerable unchecked power over Americans, who should expect elections to matter more. His call for public policy efforts to return authority to voters is worthy of serious debate and consideration.” —Leonard Leo, Co-Chairman, Federalist Society for Law and Public Policy Studies “In this masterful history, Jim Copland shows how the law of the land became more like the law of the jungle. Who’s responsible? That’s the problem—Nobody. Bureaucrats and lawyers of a certain disposition use law as a weapon for extortion, beyond the control of democratically elected officials and timid judges.” —Philip K. Howard, author of The Death of Common Sense, and founder of Common Good “As America emerges from its deepest recession in decades, businesses need clear laws to follow. Unfortunately, shifting regulations, uncertain enforcement, and shakedown lawsuits are far too common. And local officials regularly reach past their borders to interfere with the economies of other states and municipalities. James Copland’s new book explores all these trends and suggests ideas we should be discussing to get on a better path.” —Thomas J. Donohue, Chief Executive Officer, U.S. Chamber of Commerce “In The Unelected, Jim Copland describes the raft of federal, state, and local officials whose interpretations of law have often overshadowed legislation itself—in a story running up to the current pandemic response. The awareness raised by his insightful historical and legal analysis is a necessary precondition to any institutional solution.” — Richard A. Epstein, Laurence A. Tisch Professor of Law, NYU Law School
£18.89
Encounter Books,USA The Plot to Change America: How Identity Politics
Book SynopsisThe Plot to Change America exposes the myths that help identity politics perpetuate itself. This book reveals what has really happened, explains why it is urgent to change course, and offers a strategy to do so. Though we should not fool ourselves into thinking that it will be easy to eliminate identity politics, we should not overthink it, either. Identity politics relies on the creation of groups and then on giving people incentives to adhere to them. If we eliminate group making and the enticements, we can get rid of identity politics.The first myth that this book exposes is that identity politics is a grassroots movement, when from the beginning it has been, and continues to be, an elite project. For too long, we have lived with the fairy tale that America has organically grown into a nation gripped by victimhood and identitarian division; that it is all the result of legitimate demands by minorities for recognition or restitutions for past wrongs. The second myth is that identity politics is a response to the demographic change this country has undergone since immigration laws were radically changed in 1965. Another myth we are told is that to fight these changes is as depraved as it is futile, since by 2040, America will be a minority-majority country, anyway. This book helps to explain that none of these things are necessarily true.Trade Review“Michael Gonzalez shows us that the idea of ‘identity’ did not just innocently emerge. It was invented for the purpose of dividing citizens into groups to be used as political pawns in a plot to change America. Identity politics turns citizens into ‘innocent victims’ in need of governmental carve-outs, and promotes brokers who do their bidding. Gonzalez lays out just how this madness can be brought to an end. A very timely book. Highly recommended.” —Joshua Mitchell, author of American Awakening“Penetrating and insightful....Mr. Gonzalez's illuminating research is particularly relevant now.” —Roger Clegg, National Review Online“Gonzalez goes beyond standard critiques, performing much-needed spadework to trace the left’s steady infiltration of universities, government agencies, courts, foundations, and school boards since the 1960s. His perspective as an assimilated Cuban-American lends authenticity and urgency to the book.” —Eric Kaufmann, Law & Liberty“Gonzalez’s book should be widely read for its valuable insights.” —George R. La Noue, The Federalist “Identity politics is at risk of tearing apart a nation which aspires to be 'indivisible, with liberty and justice for all.' Mike Gonzalez explains in The Plot to Change America how identity politics starting in the 1970s has tried to tear the nation apart—and how, sometimes, it has boomeranged on its practitioners.” —Michael Barone, Senior political analyst, The Washington Examiner, Longtime co-author, The Almanac of American Politics“Persuasive and clarifying, this book is a must read for anyone who wishes to understand how we arrived at the sordid identity politics of today and what must be done to tear it down. Gonzalez reminds Americans of all races and ethnicities that we are better off choosing individual agency, pride, and success over a culture of victimhood.” —Ying Ma, author of Chinese Girl in the Ghetto“Mike Gonzalez is a tremendous voice for conservatism. In his new book, The Plot to Change America, Mike irrefutably wrecks the identity politics arguments of the political Left, which have been tearing the country apart for years.” —Ben Shapiro, host of “The Ben Shapiro Show” and #1 New York Times bestselling author of The Right Side of History“A forceful call to stop the cancerous spread of identity politics and begin to undo the terrible damage it has done to our country.” —David Azerrad, Hillsdale College
£14.24
West Academic Publishing Cases and Materials on Patent Law
Book SynopsisThis new edition captures all of the recent and rapidly emerging changes in case law and the America Invents Act, yet retains its student- and professor-friendly approach to the policies and rules of patent law. This version teaches the far-reaching legal tenets of patent law that are venerable and yet as current as the latest developments from the laboratory bench. Like its successful predecessors, this casebook draws on insights from other areas of U.S. law as well as from aspects of foreign systems. In particular this new edition features new chapters on the Patent Trial and Appeal Board, Standard Essential Patents, and prior art under the AIA.
£279.30
West Academic Publishing A Student's Guide to Trial Objections
Book SynopsisThis guide is a quick reference to various ways in which the courts have translated the text of the Federal Rules of Evidence. It is useful for students enrolled in trial practice courses and clinics and is also helpful as an adjunct reference for students taking basic and advanced evidence courses. The 2018 edition includes dozens of recent civil and criminal cases from all of the federal circuits and includes the recent amendments to the Federal Rules of Evidence with respect to Ancient Documents and Self-Authenticating Evidence effective December 1, 2017.
£75.05
West Academic Publishing Learning Criminal Procedure: Investigations -
Book SynopsisLearning Criminal Procedure: Investigations teaches students the law that governs the investigation of criminal cases. The book presents the legal rules directly in plain language. Each topic includes a clear, straightforward description of the binding legal rules, illustrations of how the rules are applied using examples and summaries of cases, and longer excerpts of the leading Supreme Court cases. The book highlights evolving or ambiguous areas of the law, and provides scores of review questions so that students can test their mastery of each issue. The book's authors build on their combined decades of practical experience to explain the law in plain language and explore the policy justifications behind the rules.
£214.40
West Academic Publishing Black Letter Outline on Corporate Taxation
Book SynopsisThis comprehensive and clearly written text is designed to help students recognize and understand the basic principles and issues covered in law school courses in corporate taxation at both the J.D. and LL.M. levels. It explains all the fundamental concepts and transactions affecting C and S corporations and their shareholders, and includes numerous illustrative examples, self-test questions with answers, and sample exam questions. The Ninth Edition incorporates all relevant provisions of the 2017 legislation known as the Tax Cuts and Jobs Act.
£48.45
Chelsea Green Publishing Co Corona, False Alarm?: Facts and Figures
Book SynopsisDoes the race for vaccine development make sense? What are the chances of success? Will the vaccine be safe? Will people accept it?? In June 2020, Corona, False Alarm? exploded into the German market, selling 200,000 copies and 75,000 e-books in the first six weeks. No other topic dominates our attention as much as coronavirus and COVID-19, the infectious disease it triggers. There’s been a global deluge of contradictory opinions, fake news, and politically controlled information. Differing views on the dangers posed by the pandemic have led to deep division and confusion, within governments, society, and even among friends and family. In Corona, False Alarm?, award-winning researchers Dr. Sucharit Bhakdi and Dr. Karina Reiss give clarity to these confusing and stressful times. They offer analysis of whether radical protective measures—including lockdown, social distancing, and mandatory masking—have been justified, and what the ramifications have been for society, the economy, and public health. Dr. Bhakdi and Dr. Reiss provide dates, facts, and background information, including: How Covid-19 compares with previous coronaviruses and the flu virus What infection numbers and the death rate really tell us The challenges around lockdown: Were the protective measures justified? Mandatory mask-wearing: Does the science support it? Vaccines: What are the chances of success? What are the risks? Corona, False Alarm? provides you with sound information and substantiated facts—and encourages you to form your own opinion on the corona crisis.
£10.44
Readerlink Distribution Services, LLC Ruth Bader Ginsburg Dissents
Book SynopsisA collection of key dissenting and majority opinions from U.S. Supreme Court justice Ruth Bader Ginsburg.During her 27 years as an associate justice on the U.S. Supreme Court, Ruth Bader Ginsburg became well known for her strongly worded dissenting opinions against the decisions of the conservative majority. Ginsburg was a fierce supporter of women’s rights whose personal experiences helped shape her into a feminist icon who employed logical, well-presented arguments to show that gender discrimination was harmful to all members of society. Ruth Bader Ginsburg Dissents features 15 legal opinions and briefs, including majority and dissenting opinions that Ginsburg drafted during her time on the U.S. Supreme Court and briefs from her career before she was appointed to the court in 1993.
£10.44
University Press of Colorado Confronting the Good Death: Nazi Euthanasia on
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£26.93
West Academic Publishing Federal Courts and the Law of Federal-State
Book SynopsisThis supplement brings the principal text current with recent developments in the law.
£35.10
West Academic Publishing Pleading and Procedure: Cases and Materials
Book SynopsisThis classic casebook has been thoroughly updated for 2020–retaining what has made it a favorite for decades while also remaining current and user-friendly. As ever, it contains lightly-edited cases with extensive explanatory notes, thereby teaching students how to read cases while learning doctrine. Some notes are historical and comparative, giving students a more nuanced understanding than can be obtained from simply studying current law. The book is accessible without sacrificing interest and complexity, providing a sophisticated understanding of civil procedure and the federal system. The book also remains adaptable to courses of different length and emphasis, and teaching the material in the instructor's preferred order. The twelfth edition has been thoroughly updated with extensive new material on personal jurisdiction, multidistrict litigation, the amended discovery rules (with a new exercise), and mandatory arbitration.
£272.00
West Academic Publishing Civil Procedure: Cases, Problems and Exercises,
Book SynopsisThis supplement brings the principal text current with recent developments in the law and contains the Federal Rules of Civil Procedure with selected advisory committee notes and key provisions from the United States Code. It also contains selections from the Federal Rules of Appellate Procedure, the Federal Rules of Evidence, and the United States Constitution that are useful for teaching Civil Procedure.
£22.75
West Academic Publishing Securities Regulation: Selected Statutes, Rules
Book SynopsisNew book purchase includes complimentary digital access to the eBook.Selections in the book include the text of basic federal securities laws, related Securities and Exchange Commission (SEC) rules and forms, and other selected related laws and regulations. It is designed as a supplement to securities regulation texts used in law school courses, but it can also serve as a reference for lawyers, securities professionals, and corporate officers. The booklet contains changes made through November 2021.
£99.45
Georgetown University Press Ceasefires
Book SynopsisA policy-relevant study of when and how ceasefires lead to peaceAlmost all intrastate conflicts involve ceasefire agreements, yet little is known about which factors make a ceasefire effective in stopping violence and ultimately ending intrastate conflict. Ceasefires explores the complex relationship between the ceasefire and political negotiation processes and examines how they can either reinforce or impede each other. Case studies from the joint perspectives of practitioners and scholars cover conflicts in Bosnia, Burundi, Colombia, Darfur, El Salvador, Myanmar, the Philippines, Sudan North/South, and Syria. This in-depth analysis of ceasefires offers a unique framework for future mediators and negotiators as well as scholars of the intrastate peace process to enable them to identify a spectrum of potentially acceptable ceasefire agreements and sequencing approaches.
£30.40
Georgetown University Press The Triumph of Fear
Book SynopsisA history with surprising new revelations about the depths of government surveillance and constitutional rights abusesIn the nineteenth and twentieth centuries, anarchist and socialist political movements spurred the expansion of nascent US federal surveillance capabilities. But it was the ensuing, decades-long persistent exaggerations of domestic political threats that drove an exponential increase in the size and scope of unlawful government surveillance and related political repression, which continue to the present. The Triumph of Fear is a history of the rise and expansion of surveillance-enabled political repression in the United States from the 1890s to 1961. Drawing on declassified government documents and other primary sources, many obtained via dozens of Freedom of Information Act lawsuits and analyzed for the first time, Eddington offers historians, legal scholars, and general readers surprising new revelations about the depths of government surveillance programs and how this domestic spying helped fuel federal assaults on free speech and association.
£34.20
Fundacion Editorial Juridica Venezolana REVISTA DE DERECHO PÚBLICO (Venezuela), No.
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£26.10
Sastrugi Press LLC So I Said (LARGE PRINT): Quotes and Thoughts of
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£16.99
IGI Global Transformation and Efficiency Enhancement of
Book SynopsisMuch remains to be known about public utilities system organization, efficiency, management, legislation, practices, and solutions worldwide, as well as the implications for sustainable development in different countries. Thus, a better understanding of the different management practices in public utilities across different contexts is needed to assess their impact on efficiency and sustainability, especially in the changed climate conditions.Transformation and Efficiency Enhancement of Public Utilities Systems: Multidimensional Aspects and Perspectives considers the necessity to transform public utilities systems towards sustainability and efficiency. This publication investigates the performance management process of public utility systems and evaluates the efficiency of public utilities to propose potential improvements. The book encourages amenable authorities to create more efficient and effective management systems and improve their performance. Additionally, it provides the government with a systemic approach to public utilities system transformation and development. Covering key topics such as public hygiene, sustainability, and environmental protection, this premier reference source is ideal for government officials, policymakers, industry professionals, researchers, academicians, scholars, practitioners, instructors, and students.
£170.40
Academica Press Law in Cameroon: A French Tradition
Book SynopsisColonialism led to the importation, or better still imposition, of European administrative systems on the indigenous people of Africa. France specialized in this, practicing direct rule and an assimilation policy in their colonies up to the time of independence. In Cameroon, French administrative law (“droit adminstratif”) became part of the national legal system.In this highly original new book, Cameroonian legal scholar Moye Godwin Bongyu explores the intersection of public administration and the state, colonization and administrative systems, public and private laws, rule of law, and comparative administrative law. He then addresses laws relating to administrative organization in Cameroon. Part Three of the book deals with laws governing administrative resources. Part Four describes practical administrative action and the civil procedure. Part Five focuses on the control to administrative action, examining the submission of the administration to specific law, as well as the history, rules, and procedures of administrative justice in Cameroon.
£192.85
Academica Press Debtor Protection in American and European Union
Book SynopsisIn Debtor Protection in American and European Union Bankruptcy Law, international law scholar Dimitris Liakopulos raises a delicate issue at the foundations of the modern banking system by analyzing US bankruptcy law with a focus on the concept of automatic stay. His work identifies legal sources and authorities having repercussions in terms of operational protection. It then examines their functional profiles, with specific regard to procedure. The book then examines criminal exposure in US bankruptcy law, paying particular attention to crime figures closer to those contained in American bankruptcy law.The book’s third part assesses the lack of a discipline in these areas, a cumbersome gap observable at both the international and regional levels. The financial crisis of 2008 recalled the necessity and importance of a coordinated and usable crisis resolution mechanism for large financial conglomerates. The lack of discipline in the field of cross-border insolvency, and especially in the banking sector, stands out among studies and legislative instruments that have attempted to address questions of private international law, and of procedural law or of substantive law.
£144.90
West Academic Publishing Closely Held Business Organizations: Cases,
Book SynopsisThis statutory supplement focuses on closely held businesses, including agency, general partnerships, close corporations, limited partnerships, limited liability partnerships, limited liability companies, and other hybrid entities.
£56.25
West Academic Publishing The Law of Civil Procedure: Cases and Materials
Book SynopsisThe Fifth Edition integrates all significant developments that have occurred since the last revision of this casebook in 2013. These changes include new principal cases to reflect significant changes in the law with particular emphasis on personal jurisdiction, and scores of amended problems and notes to reflect all changes in such other areas as the definition of citizenship for diversity purposes, transfer of venue, pleading, and class actions. The Fifth edition also includes a full discussion and analysis of all of the intervening Supreme Court and important lower court opinions, and significant changes in the Federal Rules of Civil Procedure.
£269.10
West Academic Publishing Criminal Law, Cases and Materials
Book SynopsisThis text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law while following a traditional format. All of the usual subject areas are covered, but the book is unique in highlighting the cultural context of substantive criminal law.The book seamlessly integrates issues of race, gender, class, and sexual orientation so the teacher who wishes to address such issues does not have to assign supplemental reading assignments in order to do so. The book is also very student-friendly, providing a brief doctrinal overview of the subject matter at the beginning of each chapter.
£269.10
West Academic Publishing Principles of Payment Systems
Book SynopsisProvides law students with an in-depth introduction to the UCC without burdening them with unnecessary detail. Citations have been used to enable the reader to understand the kinds of cases that might be presented under particular provisions of the Code. The materials cover payment systems under UCC Articles 3, 4, 4A, and 5, as well as related statutes, regulations, and operating rules governing negotiable instruments, the banking system, the Federal Reserve, clearinghouses, electronic payments, and letters of credit.
£999.99
West Academic Publishing The Modern Law of Contracts
Book SynopsisThe casebook was designed for four-hour, one-semester courses. It includes introductions that quickly orient students within unfamiliar territories. Cases present both the doctrine applied and, in some instances, the shortcomings of that doctrine. The authors express their disagreement about basic issues, so that students can experience the range of possible views in modern contract law. Contemporary subjects, such as form contracts, the modern concept of unconscionability, the rise of arbitration, and the increasing importance of computers in commercial transactions, are given considerable emphasis.
£260.10
Troublemaker Press Slanted: How an Asian American Troublemaker Took
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£17.09
Nativetrust Consulting, LLC The Power of Digital Policy: A practical guide to
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£34.20
Hartwell Publishing Company Valid? The Resignation of Pope Benedict XVI: The
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£10.44
Tanglewood Publishing For Those in Peril
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£14.66
Bath Publishing Ltd Employment Tribunal Remedies Handbook 202425
Book SynopsisThe Employment Tribunal Remedies Handbook is the definitive, annual handbook to the financial remedies available in employment claims. It is seen regularly in negotiations, by parties and judges in the Employment Tribunal.This 2024-25 edition will be fully updated to factor in the very latest rates and compensation caps that came into force in April 2024 plus the key cases and legislative developments over the past 12 months.Covering over 100 topics from ACAS to Zero-hours Contracts, each entry provides a concise summary of the relevant law plus all the associated facts and figures so the reader can quickly find the answers to questions such as Basic Award: what adjustments can be applied and in what order? Contributory Fault: what heads of loss can be reduced? Pension loss: what are the current guidelines? Grossing up: how should this be calculated if different tax bands apply? Tax and termina
£45.00
Fernwood Publishing Co Ltd Ghost Citizens
Book SynopsisAs nationalism and oppression of minority racialized groups proliferate globally, the plight of stateless people becomes ever more urgent. Legal scholar Jamie Liew explores what statelessness means as a shattering legal condition, lived experience and arena of powerful struggle for genuine justice.
£18.86
Apple Academic Press Inc. Crop Sustainability and Intellectual Property
Book SynopsisThis new book merges the concepts of traditional agriculture, crop sustainability, and intellectualproperty rights associated with plant protection and agricultural products. It discusses various strategies associated with crop tolerance to adverse environmental conditions and also highlights the role of agricultural intellectual property rights, along with the implications for plant patents, protection of farmers’ rights, and geographical indication in plant products, to provide a broader outlook toward strategies for sustainable agriculture and global food security associated with IPR.The chapters provide an overview of sustainable crop cultivation in traditional agriculture as well as with new biotechnological approaches. The volume explores several stress resilience strategies and issues for crops, considering how to mitigate the effect of increased carbon dioxide concentration, heavy metal pollution, over-salinized soils, and cold spells. It also discusses how to make desert farming more efficient; how to increase abiotic stress tolerance of crops with grafting, seed soaking/priming, soil amendment, and more.The chapters on agricultural intellectual property rights address IPR in conjunction with food security, the rights of farmers, legal applications and protection of plant patents, protection of traditional knowledge, international legal issues, and plant variety protection rights in agriculture and more.Table of ContentsPart I: Sustainable Crop Cultivation 1. Sustainable Crop Cultivation: A Comprehensive Update 2. Traditional Agriculture: A Sustainable Approach towards Attaining Food Security 3. Plant Bioactive Compounds: Biotechnological Applications for Novel Molecules Part II: Stress Resilience Strategies in Crops 4. Rice Physiology and Sustainability in the Face of Increasing Carbon Dioxide Concentration 5. An Analysis of the Physiological and Biochemical Attributes in Tomato Fruits Affected by Salinity Stress 6. Crop Improvement in Deserts 7. Grafting, Seed Soaking/Priming, Soil Amendment, and Foliar Application as Tools to Increase Abiotic Stress Tolerance of Crops 8. Heavy Metal Stress Tolerance in Plants: Signaling Responses and Role of Plant-Microbe Association 9. Hydrogen Peroxide as Signaling Molecule in Plant Abiotic Stress 10. Plant Cell During Cold Stress: Sensing, Signaling, and Regulations Part III: Traditional Knowledge and Intellectual Property Rights: Implications in Plant Science 11. Intellectual Property Rights Vis-À-Vis Food Security: A Critical Analysis 12. Repatriation of Traditional Knowledge through the Lens of International Legal Instruments 13. International Convention for Protection of Geographical Indication and Its Application in Agriculture: A Legal Perspectives 14. Farmers’ Rights: An Indian Scenario 15. From Green Revolution to Green Innovation: How IP and Trademarks Catalyze Commercialization of Agriculture and Plant Products 16. Delineation of Legal Application and Protection of Plant Patent: A Critical Study 17. IP Protection of Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE) in Regions of Northeastern India: An Ecological Context 18. International Legal Issues and Plant Variety Protection Rights in Agriculture
£124.95
Intersentia Ltd Share Purchase Agreements: Belgian Law and
Book SynopsisThis book analyses share purchase agreements governed by Belgian law used for company acquisitions, whereby a purchaser acquires control over a Belgian target company through the acquisition of a controlling shareholding. The object of such sale and purchase agreements is not a static, inanimate object, but consists of a shareholding in a company whose business and balance sheet evolve while the parties negotiate its acquisition.Such share purchase agreements and the negotiations leading up to them create a particular triangular interaction and relationship between the seller, the purchaser and the target company. These aspects make share purchase agreements different from, and often more complex than, sale and purchase agreements relating to other objects.The analysis set out in this book is written from a practitioner's perspective and focuses on the application of classic civil and corporate law concepts in the particular context of share purchase agreements. The theoretical background of all legal concepts is discussed and analysed, with due consideration for the practical relevance of the analysis.The reader is guided through the successive stages of a share purchase agreement. Each chapter includes a section containing sample clauses and concludes with an overview of relevant legislation, case law, legal doctrine and other sources of law.The book concludes with an index of the concepts used and a separate lexicon of the corresponding Belgian law terms in Dutch and French.Table of ContentsCONTENTS Acknowledgements ... v Glossary ... xxi INTRODUCTION ... 1 PART 1. GENERAL CHARACTERISTICS OF THE TR ANSACTION CHAPTER 1. SHARE DEALS AND ASSET DEALS ... 7 1. Share deals vs. asset deals ... 7 2. Legal object of the transaction ... 8 3. Identity of the parties to the acquisition agreement ... 9 4. Transfer formalities ... 9 References ... 10 CHAPTER 2. DIRECT SALE OR CONTROLLED AUCTION ... 13 1. Direct sale ... 13 2. Controlled auction ... 14 References ... 17 PART 2. PR E-CONTR ACTUAL PHASE CHAPTER 1. NON-DISCLOSURE AGREEMENTS... 21 1. Use of non-disclosure agreements ... 21 2. Content of non-disclosure agreements ... 21 3. Sample clauses ... 25 3.1. Definition of "confidential information" (generic description) ... 25 3.2. Confidentiality obligation (in relation to the agreement and the contemplated transaction) ... 26 3.3. Confidentiality obligation (in relation to confidential information) 26 3.4. Use of confidential information ... 27 3.5. Return and destruction of confidential information ... 27 3.6. Inquiries ... 28 3.7. Non-solicitation covenant ... 28 3.8. Liquidated damages ... 28 References ... 29 CHAPTER 2. LETTERS OF INTENT ... 31 1. Use of letters of intent and other pre-contractual documents ... 31 2. Legal value of a letter of intent ... 32 3. Main elements of a letter of intent ... 35 4. Sample clauses ... 37 4.1. Standstill ... 37 4.2. Exclusivity ... 38 4.3. Non-binding nature of letter of intent (1) ... 39 4.4. Non-binding nature of letter of intent (2) ... 39 References ... 40 CHAPTER 3. DUE DILIGENCE ... 43 1. Information obligations in the pre-contractual phase - Purpose and legal relevance of the purchaser's due diligence ... 43 2. Organisation of due diligence - Data room ... 52 3. Q&A ... 54 4. Vendor due diligence ... 55 5. Competition law considerations ... 56 6. Sample clauses ... 57 6.1. Data room rules - Physical data room ... 57 6.1.1. Access to the data room ... 57 6.1.2. Data room documents ... 58 6.1.3. Q&A ... 58 6.2. Data room rules - virtual data room ... 58 6.2.1. Use of the virtual data room... 58 6.2.2. Access to the data room ... 59 6.2.3. Q&A ... 59 6.2.4. Security ... 59 6.2.5. Disclaimer ... 60 References ... 60 PART 3. SHAR E PURCHASE AGR EEMENT CHAPTER 1. IDENTIFICATION AND REPRESENTATION OF THE PARTIES ... 67 1. Identification of the parties ... 67 2. Representation of the parties ... 67 3. Consent of a party's spouse ... 69 4. Sample clauses ... 72 4.1. Identification and representation of the parties ... 72 4.2. Power-of-attorney ... 73 4.3. Consent of spouse ... 74 References ... 75 CHAPTER 2. PREAMBLE ... 77 1. Purpose and legal value of the preamble ... 77 2. Sample clause ... 79 References ... 80 CHAPTER 3. USE OF DEFINED TERMS, INTERPRETATION AND LANGUAGE ... 81 1. Use of defined terms ... 81 2. Interpretation rules ... 81 2.1. General interpretation rules ... 81 2.2. Specific interpretation rules regarding sale and purchase agreements ... 84 2.3. Interpretation clauses included in the share purchase agreement . . 85 3. Use of languages ... 86 4. Sample clauses ... 87 4.1. Use of defined terms ... 87 4.2. Interpretation rules ... 90 4.3. Use of languages ... 91 References ... 91 CHAPTER 4. LEGAL OBJECT AND TRANSFER OF OWNERSHIP ... 93 1. Legal object ... 93 2. Transfer of ownership ... 94 Intersentia 3. Sample clauses ... 96 3.1. Sale and purchase... 96 3.2. Transfer of ownership ... 96 References ... 97 CHAPTER 5. PURCHASE PRICE ... 99 1. Validity requirements ... 99 2. Certain purchase price mechanisms ... 102 2.1. Closing accounts ... 103 2.2. Locked box ... 104 2.3. Earn-out ... 106 3. Payment of the purchase price ... 108 3.1. Payment to the seller ... 108 3.2. Escrow ... 108 4. Sample clauses ... 109 4.1. Payment by bank cheque ... 109 4.2. Payment by wire transfer ... 110 4.3. Deferred payment ... 110 4.4. Payment in instalments (alternative clause) ... 110 4.5. Allocation of the purchase price (multiple sellers) ... 110 4.6. Purchase price adjustment based on closing accounts (adjustment based on changes in net asset value) ... 111 4.7. Purchase price adjustment based on closing accounts (alternative clause - adjustment based only on amount of net cash and working capital as at the closing date) ... 114 4.8. Earn-out ... 116 4.8.1. Payment of earn-out amounts ... 116 4.8.2. Earn-out covenants ... 118 4.8.2.1. Audit right ... 118 4.8.2.2. Consent matters ... 119 4.9. Locked box (leakage covenant) ... 120 References ... 120 CHAPTER 6. CONDITIONS PR ECEDENT... 123 1. Validity requirements ... 123 2. Status of share purchase agreement pending satisfaction of conditions precedent ... 126 3. Consequences of satisfaction of conditions precedent ... 128 4. Consequences in the event conditions precedent are not satisfied ... 128 5. Waiver of conditions precedent ... 129 6. Analysis of certain common conditions precedent ... 130 6.1. Merger clearance ... 130 6.1.1. Concentrations with an EU dimension ... 130 6.1.2. Belgian merger clearance ... 132 6.2. Approval of financial supervisory authorities ... 134 6.3. Prior consent of third parties ... 135 6.3.1. Consent of third parties with pre-emption rights or rights of first refusal ... 135 6.3.2. Consent of target company's contracting partners with agreements containing change-of-control clauses ... 137 6.4. Financing ... 138 7. Material adverse changes between signing and closing ... 138 8. Management of the target company between signing and closing ... 139 9. Sample clauses ... 140 9.1. Conditions precedent (generic introductory wording in conditions precedent clause) ... 140 9.2. EU merger clearance ... 140 9.3. Belgian merger clearance ... 141 9.4. Merger clearance (general) ... 141 9.5. Approval of National Bank of Belgium ... 141 9.6. Consent of third parties (change-of-control) ... 142 9.7. Consent of third parties (share transfer restrictions) ... 142 9.8. Consent of third parties (release of pledge on shares) ... 142 9.9. Bank financing ... 142 9.10. Compliance with covenants between signing and closing ... 143 9.11. Material adverse changes between signing and closing ... 143 9.11.1. Quantified MAC concept ... 143 9.11.2. Unquantified broad and generic MAC concept ... 143 9.11.3. Quantified, limited, company-specific MAC clause with carve-outs ... 144 9.12. Non-satisfaction of conditions precedent (termination) ... 144 9.13. Obligation to use best efforts to satisfy conditions precedent ... 144 9.14. No retroactive effect ... 144 9.15. Covenants between signing and closing ... 145 References ... 147 Intersentia CHAPTER 7. CLOSING ... 151 1. Closing ... 151 2. Closing deliverables ... 151 3. Corporate resolutions ... 152 3.1. Appointment of new directors and statutory auditor ... 152 3.2. Discharge of former directors and statutory auditor ... 155 4. Breach of closing obligations ... 157 5. Sample clauses ... 158 5.1. Seller's closing obligations ... 158 5.2. Purchaser's closing obligations ... 159 5.3. Corporate meetings ... 159 5.3.1. General meeting of shareholders ... 159 5.3.2. Meeting of the Board of Directors ... 160 5.4. Inter-conditionality of closing obligations ... 160 5.5. Explicit rescission clause... 161 References ... 161 CHAPTER 8. REPR ESENTATIONS AND WARR ANTIES ... 163 1. Purpose and scope of the seller's representations and warranties ... 163 2. Legal nature of the seller's representations and warranties ... 169 3. Interpretation of representations and warranties ... 171 4. Certain particular representations and warranties ... 173 4.1. Accounts ... 173 4.2. "Compliance with laws" ... 177 4.3. Full disclosure ... 178 5. Timing of representations and warranties ... 179 6. Common qualifications of representations and warranties ... 179 6.1. Overview of common qualifications ... 179 6.2. Knowledge qualifier ... 180 6.3. Ordinary course of business exceptions... 181 6.4. Materiality thresholds ... 183 7. Exceptions to the seller's representations and warranties ... 184 7.1. Impact of the purchaser's knowledge on the representations and warranties under the law ... 184 7.2. Contractual regulation of the impact of the purchaser's knowledge on the representations and warranties ... 186 7.3. Disclosures ... 187 7.3.1. Contractual practice and concept of disclosures ... 187 7.3.2. Types of disclosures ... 188 7.3.3. Format of disclosures ... 189 7.3.4. Timing of disclosures ... 190 8. Burden of proof ... 190 9. Sample clauses ... 192 9.1. Guarantee obligation ... 192 9.2. Accounts ... 192 9.2.1. General ... 192 9.2.2. Inventories ... 193 9.2.3. Receivables ... 193 9.2.4. Related party transactions / claims ... 193 9.2.5. Absence of undisclosed liabilities ... 194 9.3. Compliance with laws ... 194 9.4. Full disclosure ... 194 9.4.1. Extended version ... 194 9.4.2. Limited version ... 195 9.5. Knowledge qualifiers (anti-sandbagging) ... 195 9.6. Knowledge of the purchaser (pro-sandbagging) ... 195 9.7. Disclosures ... 196 9.8. Repetition of warranties on closing ... 197 9.9. Seller's knowledge ... 197 9.10. Ordinary course of business... 197 9.11. Materiality threshold ... 198 9.12. Burden of proof ... 198 References ... 198 CHAPTER 9. INDEMNIFICATION OBLIGATION OF THE SELLER ... 203 1. Indemnification in case of breach of representations and warranties ... 203 1.1. Indemnification pursuant to a contractual indemnifi cation mechanism ... 203 1.2. Indemnification in the absence of a contractual indemnification mechanism ... 205 1.2.1. Application by analogy of seller's statutory obligation to safeguard the purchaser for hidden defects ... 205 1.2.2. Application of general rules of contractual liability ... 208 1.2.3. Application in practice and conclusion ... 212 2. Duty to mitigate damage ... 214 3. Beneficiary of representations and warranties and seller's indemnification obligation ... 214 4. Procedural rules ... 215 4.1. Notification of a claim and objections ... 215 4.2. Third-party claims ... 218 5. Nature of payments made pursuant to seller's indemnifi cation obligation ... 219 6. Concurrence of contractual and extra-contractual liability ... 220 7. Sample clauses ... 221 7.1. Indemnification obligation... 221 7.1.1. Multiple sellers - Joint liability ... 221 7.1.2. Multiple sellers - Several and pro rata liability ... 221 7.2. Loss... 222 7.2.1. Extended definition (level of Purchaser or Company / euro-for-euro and multiple) ... 222 7.2.2. Short definition (level of Company only / euro-for-euro) . 222 7.2.3. Short definition (reference to contractual damages as defined by the Civil Code) ... 222 7.2.4. Short definition (reference to contractual damages as defined by the Civil Code, except article 1150) ... 222 7.3. Duty to mitigate damage ... 223 7.4. The target company as a third-party beneficiary of the representations and warranties ... 223 7.5. Nature of payments ... 223 7.6. Tax gross-up ... 223 7.7. Claim procedures - Notification of a claim ... 223 7.8. Claim procedures - Third-party claims ... 225 7.8.1. Seller's interest ... 225 7.8.2. Purchaser's interest ... 226 References ... 227 CHAPTER 10. LIMITATIONS TO INDEMNIFICATION OBLIGATION OF THE SELLER ... 231 1. Introduction ... 231 2. Nature of contractual limitations of the seller's indemnifi cation obligation ... 231 3. Limitation in time of the indemnification obligation ... 232 3.1. General time limitation ... 233 3.2. Specific time limitations ... 233 3.2.1. Specific time limitation for tax matters ... 234 3.2.2. Specific time limitation for social security matters ... 235 3.2.3. Specific time limitation for employment matters ... 236 3.2.4. Specific time limitation for environmental matters ... 236 3.2.4.1. Flemish Region ... 237 3.2.4.2. Walloon Region... 239 3.2.4.3. Brussels Region ... 240 3.2.4.4. Civil law damages ... 240 3.2.5. Specific time limitation for title warranties ... 241 4. Limitation of the amount of the indemnification obligation ... 241 5. Sample clauses ... 242 5.1. Limitation in time (fixed term) ... 242 5.2. Limitation in time (variable term with reference to statute of limitations) ... 243 5.3. Limitation in time (combination of fixed and variable terms) ... 243 5.4. Amount limitation - De minimis (individual threshold) ... 243 5.5. Amount limitation - De minimis (aggregate - basket) ... 244 5.6. Cap ... 244 5.7. Other limitations ... 244 5.7.1. Losses covered by insurance ... 244 5.7.2. Net effect ... 245 5.7.3. Single recovery ... 245 5.7.4. Contingent liabilities ... 245 5.7.5. Regulatory changes ... 246 References ... 246 CHAPTER 11. SPECIFIC INDEMNITIES ... 249 1. Concept of specific indemnities ... 249 2. Sample clauses ... 252 2.1. Specific indemnity (framework) ... 252 2.2. Specific indemnity for tax matters ... 252 2.3. Specific indemnity for ongoing litigation ... 253 2.4. Specific indemnity for related party claims ... 254 2.5. Specific indemnity for environmental issues (broad - generic) ... 255 2.6. Specific indemnity for defined environmental matters ... 257 2.7. Alternative specific indemnity for defi ned environmental matters (short) ... 260 2.8. Specific indemnity for leakage ... 260 References ... 260 CHAPTER 12. TER MINATION ... 263 1. Introduction ... 263 2. Rescission ... 263 2.1. Types of rescission ... 263 2.1.1. Judicial rescission (article 1184 of the Civil Code) ... 264 2.1.2. Explicit rescission clause ... 265 2.1.3. Extrajudicial rescission ... 267 2.2. Consequences of rescission ... 269 3. Cancellation ... 270 3.1. Types of cancellation ... 270 3.1.1. Unilateral cancellation based on explicit cancellation clause ... 270 3.1.2. Cancellation by mutual consent ... 272 3.2. Consequences of cancellation ... 272 4. Conditions subsequent ... 273 5. Sample clauses ... 274 5.1. Exclusion of judicial and extra-judicial rescission right ... 274 5.2. Explicit rescission clause... 274 5.3. Cancellation (loss of material business relations / material adverse changes)... 275 5.4. Cancellation (breach or financial distress of a party) ... 276 5.5. Effect of termination ... 276 References ... 277 CHAPTER 13. NON-COMPETE AND NON-SOLICITATION CLAUSES ... 281 1. Non-compete clauses ... 281 1.1. Introduction ... 281 1.2. Limitations ... 283 1.2.1. Duration ... 285 1.2.2. Territorial scope ... 286 1.2.3. Restricted activities ... 287 1.3. Invalid non-compete clauses ... 287 1.4. Sanction in the event of breach ... 289 2. Non-solicitation clauses ... 291 3. Sample clauses ... 292 3.1. Extended version ... 292 3.2. Alternative clause (reduced version) ... 295 3.3. Non-compete clause only (limited version)... 297 References ... 297 CHAPTER 14. OTHER TYPICAL COVENANTS ... 301 1. Overview of other typical covenants ... 301 2. Waiver of the seller's claims against the target company ... 301 3. Exoneration clauses ... 305 4. Share transfer restriction ... 309 5. Further co-operation ... 310 6. Use of name and logo ... 311 7. Confidentiality... 311 8. Sample clauses ... 312 8.1. Seller's waiver of claims against the target company ... 312 8.2. Exoneration clauses ... 312 8.2.1. Exoneration clause excluding the seller's liability on extra-contractual grounds ... 312 8.2.2. Waiver of the purchaser's and the target company's claims against the seller... 313 8.3. Share transfer restriction ... 313 8.4. Use of name and logo (waiver by the seller) ... 314 8.5. Use of name and logo (obligation of the purchaser)... 314 8.6. Further co-operation ... 315 8.7. Confidentiality undertaking (strict) ... 315 8.8. Confidentiality undertaking (alternative clause with additional carve-outs) ... 315 References ... 316 CHAPTER 15. BOILERPLATE ... 321 1. Introduction ... 321 2. Matters typically covered by boilerplate provisions ... 321 2.1. Amendments and waiver ... 321 2.2. Appointment of sellers' or purchasers' representative ... 322 2.3. Assignments ... 323 2.4. Confidentiality ... 323 2.5. Costs and expenses ... 324 2.6. Entire agreement ... 324 2.7. Execution in counterparts ... 325 2.8. Interest ... 326 2.9. Notices ... 327 2.10. Rights and remedies of the parties ... 327 2.11. Sellers' and purchasers' liability ... 328 2.12. Severability ... 330 3. Sample clauses ... 331 3.1. Amendments and waiver ... 331 3.2. Appointment of a sellers' representative ... 331 3.2.1. Limited delegation of authority ... 331 3.2.2. Comprehensive delegation of authority ... 332 3.3. Assignment ... 333 3.4. Confidentiality ... 334 3.5. Costs and expenses ... 334 3.6. Entire agreement ... 334 3.7. Execution in counterparts ... 334 3.8. Interest ... 334 3.9. Notices ... 335 3.9.1. Restrictive clause ... 335 3.9.2. Alternative clause ... 335 3.10. Rights and remedies of the parties ... 336 3.10.1. Not excluding other rights and remedies ... 336 3.10.2. Waiver of termination right for breaches of warranties... 336 3.10.3. Exclusion of other rights and remedies of the seller and the purchaser ... 336 3.11. Sellers' and purchasers' liability ... 337 3.11.1. Joint liability ... 337 3.11.2. Several liability only ... 337 3.12. Severability ... 337 References ... 337 CHAPTER 16. GOVERNING LAW AND DISPUTE RESOLUTION ... 341 1. Governing law ... 341 2. Dispute resolution ... 342 2.1. Ordinary courts ... 342 2.2. Arbitration ... 343 2.3. Mediation ... 345 3. Sample clauses ... 346 3.1. Governing law ... 346 3.2. Dispute resolution ... 346 3.2.1. Ordinary courts ... 346 3.2.2. Ad hoc arbitration ... 346 3.2.3. Arbitration Cepani... 346 3.2.4. Arbitration ICC ... 347 3.2.5. Prior internal mediation and escalation procedure ... 347 3.2.6. Mediation Cepani ... 347 3.2.7. Mediation ICC (optional) ... 348 3.2.8. Mediation ICC (obligation to consider ICC mediation rules)... 348 3.2.9. Mediation ICC (obligation to refer dispute to ICC mediation rules while permitting parallel arbitration proceedings if required) ... 348 3.2.10. Mediation ICC (obligation to refer dispute to ICC mediation rules, followed by arbitration if required) ... 348 References ... 349 CHAPTER 17. SIGNING OF THE SHARE PURCHASE AGREEMENT ... 351 1. Formal requirements for valid execution ... 351 2. Number of originals ... 353 3. Sample clauses ... 354 3.1. Two signatories ... 354 3.2. Multiple signatories and waiver of article 1325 of the Civil Code . 355 3.3. Intervention of the target company as third-party beneficiary ... 355 References ... 356 Index... 357 Lexicon... 365
£999.99
Intersentia Ltd The European Free Trade Association: An
Book SynopsisThis book shall be an introduction into the European Free Trade Association (EFTA) as an international organization and, inter alia, as a platform for its member states' relations with the EU and for jointly negotiated Free Trade Agreements. EFTA - originally set up by the UK - is an example of how countries that do not want to be members of the EU can still have close links with it. EFTA is a loose intragovernmental association of some economically highly specialised, small and wealthy Western European small states which have, until now, decided not to join the European Union (EU). Essentially it is the platform for Iceland, Liechtenstein, Norway and Switzerland to coordinate their free trade policies as far as possible. Iceland, Liechtenstein and Norway also use EFTA, in particular its Secretariat, to manage their membership of the European Economic Area (EEA) and to adopt relevant legislation into the Agreement. Particularly in the context of Brexit it should also be noted that there are elements of the relations between the four EFTA States and the EU which are not necessarily based on either the EEA Agreement or the EU-Swiss Agreements. Until recently, EFTA was considered an outdated model. However, since Brexit interest in EFTA has increased. Where the subject was covered in the press, but also in relevant statements by politicians, there was hardly any distinction made between 'EFTA' and the 'EEA'. This book is not about Brexit, rather it will correct certain misconceptions about EFTA and provide a clear overview on what EFTA is: a platform for the economic relations between its member states; a platform for its member states' free trade policy and a platform for its member states' relations with the EU. There will be food for thought on the UK's future outside the EU.Table of Contents1. What is EFTA? (p. 1) 2. Short Historical Overview (p. 9) 3. Substantive Fields of Activity of EFTA (p. 21) 4. EFTA Institutions, Membership, Scope and Other General Provisions (p. 55) 5. Trade Relations with Third Countries and Groups of Countries (p. 85) 6. The Relations between the EFTA States and the EU/EEA (p. 115) 7. Conclusion: EFTA Membership for the UK Post-Brexit? (p. 165)
£999.99
Intersentia Ltd Law of Remedies: A European Perspective
Book SynopsisWith the increasing importance of the concept of remedies in European private law, this book focuses on remedies as a distinctive and novel field of European legal research. It considers the common law tradition (England and Wales), as well as the civil law viewpoint (on the example of Germany), making the case for a European law of remedies. It is argued that ‘remedies’ are an enforcement tool influencing the scope of substantive rights. In doing so, the book analyses different mechanisms of enforcement, including the debate on private versus public enforcement as well as the perspective of criminal law. The enforcement of rights is understood as an intradisciplinary task. Remedial law is, however, distinct from procedural law, as well as from substantive law in a narrow sense. Subsequent to defining the scope of a law of remedies, this book analyses several underlying principles and common themes. For example, the proportionality test is presented as fundamental principle in European remedial law. The value gained by identifying common ground is e. g. illustrated with respect to damages in European Private Law. Especially in IP law, in turn, the CJEU rulings and secondary European legislation confirm the importance of proportionate remedies. Moreover, within the law of remedies the function of each remedy can be analysed, and respective interests can be balanced. Further examples that reveal the importance of a sophisticated enforcement are the CJEU’s recent extension of the concept of communication to the public, the notice-and-take-down-procedure in intermediary liability cases and remedies for non-conformity of digital content or consumers’ remedies in European contract law. In German patent law, the development of grace periods and shareholders´ rights in German corporate law can be analysed from a “remedy” perspective as well. Overall, this book demonstrates that remedies are more than just an addendum and innovatively presents an emerging research area. As such, it is of great relevance to all lawyers concerned with questions surrounding the enforcement of rights: international academics as well as practitioners.Table of ContentsTHE ISSUE OF REMEDIES Introduction to the ‘Law of Remedies’ (p. 3) Remedies in English Private Law – A ‘Stand-Alone’ Research Area? (p. 27) Remedies in Private Law from a German Perspective (p. 45) Rights and Remedies in Public Law (p. 61) Economics of Remedies: The Perspective of Corporate Law (p. 81) MECHANISMS OF ENFORCEMENT Private Enforcement versus Public Enforcement (p. 107) Criminal Enforcement (p. 133) FUNCTIONS OF REMEDIES Disgorgement of Profits: Distributive and Deterrant Logics (p. 153) Preventive Liability and System of Sanctions in Tort (p. 169) UNDERLYING PRINCIPLES Common Principles of Damages in EU Private Law? (p. 197) A Manifesto on Proportionality and Copyright Law: ‘Taking Remedies Seriously’ (p. 223) Asking Innocent Third Parties for a Remedy: Origins and Trends (p. 233) REMEDIES IN CONTRACT LAW AND INTELLECTUAL PROPERTY Remedies in European Contract Law: Themes and Controversies (p. 251) The Intersection between Economic Justifications for IP Rights and Cost of Enforcement in the English Courts (p. 275)
£75.65
Intersentia Ltd The Future of the European Law of Civil
Book SynopsisThe European lawmaker is currently overseeing what appears to be a paradigm shift in the way that cross-border litigation is conducted within the European Union. This matter was initially conceptualised from the perspective of international judicial cooperation, based on the notion of mutual trust and mutual recognition. Recent developments, however, have introduced the option of harmonisation as a new regulatory approach. The first part of the book is focused on the possible methodological approaches at hand. Special emphasis is placed on the role of the Court of Justice of the European Union as a ''promoter'' of a European Procedural Law (principle of effectiveness and principle of equivalence). The second part assesses to what extend harmonisation is already used: ''vertically'', through the regulations on international judicial cooperation, for example the European Account Preservation Order; and ''horizontally'', through the promotion of harmonised standards promoted by the directives on intellectual property rights and competition damages (access to information and evidence), or in the directive on trade secrets and in the field of data protection (protection of confidential information). With a view to the future, the final part examines two more recent initiatives: ELI-UNIDROIT and the proposal for a directive on common minimum standards of civil procedure in the EU.The Future of the European Law of Civil Procedure: Coordination or Harmonisation? clearly outlines the motivations of the various national and institutional players in the regulation of civil procedural law and identifies potential obstacles likely to be encountered along the way that will be useful for every lawyer in the field.Table of ContentsIntroduction (p. 1) I. Methodological Approaches. Inital Remarks on the Methodological Approaches to Procedural Harmonisation (p. 7) Procedural Harmonisation by the European Court of Justice: Procedural Autonomy and the Member States' Perspective (p. 17) Constitutionalisation of European Civil Procedure as a Starting Point for Harmonisation? (p. 69) Have the EU Regulations on Judicial Cooperation Fostered Harmonisation of National Procedures? (p. 89) II. The Current Situation: Vertical and Horizontal Harmonisation. Harmonisation of the Rules on Protective Measures? The European Account Preservation Order (p. 111) Harmonising Access to Information and Evidence: The Directives on Intellectual Property and Competition Damages (p. 123) Harmonisation of Confidential Information Protection in Legal Proceedings: The Trade Secrets Directive (p. 161) Procedural Harmonisation and Private Enforcement in the GDPR (p. 173) III. Current Initiatives for Further Harmonisation. The ELI/UNIDROIT Project: A General Introduction (p. 197) The ELI/UNIDROIT European Rules of Civil Procedure: Access to Information and Evidence (p. 205) Harmonisation of the Rules on Judgments and Appeals in Europe: A Few Remarks from the Inside (p. 223) The 2017 Directive Proposal on Common Minimum Standards of Civil Procedure in the Euroepan Union (p. 239) The 2017 Proposal of the European Parliament on Common Minimum Standards of Civil Procedure (p. 265) A Final Comment on the Future Evolution of Civil Procedure in Europe (p. 285)
£999.99
Intersentia Ltd Environmental Law for Transitions to
Book SynopsisOver the last decades, environmental law has significantly contributed to limiting pollution and decoupling economic growth and negative environmental effects. However, current challenges require out-of-the-box solutions, integrated and inclusive approaches of both public and private actors and cross-border sets of instruments. This book presents inspiring ideas about how law can support the fundamental transition processes to a sustainable future and how it can provide guidance on the pathways to sustainability. This book focuses on issues such as what legal instruments optimally encourage disruptive breakthroughs and where law may actually hamper sustainable innovations and solutions. It examines conceptual issues and specific legal tools, not only from an EU law perspective, but also from national and international law perspectives. Alongside general discussions about the role that law plays in encouraging sustainability, the book also concentrates on substantive areas in which transition processes to sustainability are urgently needed: the transition to a low carbon economy in order to comply with the Paris Agreement for climate change, the transition to a holistic management of water resources to achieve water security and the transition to halting the loss of biodiversity. The different contributions make clear that until recently, law played a limited role and should be further developed and improved to better align with the more general aim to move towards a sustainable society. This book can serve as an inspiration for further discussion on the role of law as a tool for supporting the transition to a sustainable future.Table of ContentsIntroduction (p. 1) PART I. TOOLS IN GENERAL Towards More Sustainable EU Environmental Law (p. 9) The Programmatic Approach to Achieving Sustainability in Environmental Law: Is it Possible? (p. 29) An Analysis of the Circular Economy Legislative Package: A New Paradigm vs The Old Wate Law (p. 45) Preconditions and Constraints of Effective Private Environmental Governance (p. 59) Why Reality and Truth Matter in Environmental Law (p. 79) PART II. TOOLS FOR COMPLIANCE WITH THE PARIS AGREEMENT Towards a Cumulative Effect in Combating Climate Change with Special Focus on Disaster Risk Reduction: Paris Agreement, SDGs and the Sendai Framework (p. 97) Directive 2003/4/EC as a Tool to Learn from the Successes and Failures of the EU ETS: Reflecting on the EU Emission Trading System (p. 109) Finding the Spearhead of the EU Low-Carbon Energy Transition (p. 129) Energy Return on Energy Investment (EROI): Implications for EU Climate and Environmental Law (p. 147) Restoration by Private Entities in Indonesia: A Hope in Saving 'Sinks'? (p. 163) PART III. TOOLS FOR HALTING THE LOSS OF BIODIVERSITY Rights of Nature as an Unlikely Saviour for the EU's Threatened Species and Habitats: A Critical Introduction to a Revolutionary Idea (p. 185) A Comparative Analysis of the Selection of Species and Establishment of their Natural Habitats in the US and the EU: Protecting Nature from People (p. 207) The Impact of National and EU Criminal Law on the Protection of Biodiversity (p. 223) Overabundant Ungulates Causing Biodiversity Loss and Human-Wildlife Conflicts: The Role of the National Law and Governance Structure in the Italian Jurisprudence (p. 241) Legislation to Manage Invasive Alien Plants in England: What is the Meaning of 'Landowner Responsibility'? (p. 251) PART IV. TOOLS FOR ACHIEVING WATER SECURITY Reporting Mechanism under the Water Convention: Innovation in the Sustainable Management of Transboundary Water Resources? (p. 265) The Concept of Environmental Damage According to Directive 2004/35 and the Derogation under Article 4(7) of Directive 2000/60: How to Effectively Remedy Water Damage (p. 281) Challenges and Prospects on the Application of Directive 92/43/EEC on Marine Ecosystems: Need for a New Legal Framework? (p. 299) Fees for Water Services in the New Polish Water Law Act: A Step Towards Transition to Sustainability? (p. 313)
£999.99
Intersentia Ltd European Energy Law Report XIII
Book SynopsisThe European Energy Law Reports are an initiative taken by the organisers of the European Energy Law Seminar which has been organised on an annual basis since 1989 at Noordwijk aan Zee in the Netherlands. The aim of this seminar is to present an overview of the most important legal developments in the field of International, EU and national energy and climate law. Whereas the first seminars concentrated on the developments at EC level, which were the results of the establishment of an Internal Energy Market, the focus has now gradually switched to the developments at the national level following the implementation of the EU Directives with regard to the internal electricity and gas markets. This approach can also be found in these reports.This volume includes chapters on ''Newcomers in the Electricity Market: Aggregators and Storage'', ''Hydropower Concessions in the EU: A Need for Liberalisation or Privatisation?'', ''Investments and des-Investments in the Energy Sector'', ''Offshore Decommissioning in the North Sea'', ''CCS as a Climate Tool: North Sea Practice'' and ''From EU Climate Goals to National Climate Laws''Trade Review'[...], this edited collection constitutes a meaningful contribution to the literature on European and international energy law at large.' -- Matteo Fermeglia, Journal of Energy & Natural Resources Law, 2020.'In the current volume, the editors have provided the reader with an overarching theme, which, according to the editors, is based on the common thread discussed in the seminar, namely the liberalization of the energy market in combination with the increased use of renewable energy sources.' -- Sirja-Leena Penttinen, Oil, Gas & Energy Law Intelligence, 2021.Table of ContentsTable of Contents and preliminary matter (p. 0) Introduction (p. 1) NEWCOMERS IN THE ELECTRICITY MARKET: AGGREGATORS AND STORAGE Chapter I. How is the Energy Sector Faring at the EU Courts? A Year in Review (p. 13) Chapter II. Newcomers in the Belgian Electricity Market: Aggregators (p. 35) Chapter III. Aggregation of Distributed Energy Resources in the United States: Current Uses and Potential for More Widespread Deployment (p. 57) Chapter IV. Potential Hurdles to the Regulation of Electricity Storage Development in the UK (p. 79) HYDROPOWER CONCESSIONS IN THE EU: A NEED FOR LIBERALISATION OR PRIVATISATION? Chapter V. Power-to-Gas and Hydrogen for Energy Storage under EU Energy Law (p. 101) Chapter VI. EU Law and Norwegian Hydropower Legislation: A Challenging Interface (p. 127) Chapter VII. The Legal Regime of Hydroelectric Licences in France (p. 153) Chapter VIII. Hydropower Concessions in Italy (p. 165) INVESTMENTS AND DISINVESTMENTS IN THE ENERGY SECTOR Chapter IX. Hydroelectric Concessions: The Portuguese Legal Framework (p. 173) Chapter X. The EU Approach to the Regulation of Guarantees of Origin (p. 197) Chapter XI. The Screening of Foreign Direct Investments into the European Union: Regulation 2019/452 and its Implications for Energy Investments (p. 219) Chapter XII. Closure of Nuclear Power Plants in Germany, Sweden and France: Different Strategies for Different Results (p. 245) OFFSHORE DECOMMISSIONING IN THE NORTH SEA Chapter XIII. Phasing Out Coal-Fired Power Plants in the European Union: Examples from the Netherlands and Germany (p. 261) Chapter XIV. The Regulation of Decommissioning in the Netherlands: From Removal to Re-Use (p. 289) Chapter XV. Decommissioning of Offshore Installations upon the UK Continental Shelf (p. 307) Chapter XVI. Regulation of Infrastructure Decommissioning in the Danish Offshore Oil and Gas Sector: The Final Chapter in the Danish Oil Adventure (p. 329) CCS AS A CLIMATE TOOL: NORTH SEA PRACTICE Chapter XVII. Decommissioning Practice in Norway (p. 351) Chapter XVIII. CCS Legislation in Norway: The EU CCS Directive and its Implementation into Norwegian Law (p. 369) Chapter XIX. Developments in UK Carbon Capture and Storage (p. 387) FROM EU CLIMATE GOALS TO NATIONAL CLIMATE LAWS Chapter XX. Carbon Capture and Storage in the Netherlands: A Long and Winding Process (p. 405) Chapter XXI. A Stocktake of Legal Research on the United Kingdoms Climate Change Act: Present Understandings, Future Opportunities (p. 421) Chapter XXII. The Swedish Climate Policy Framework and the Climate Act (p. 443) Chapter XXIII. Climate Litigation, Climate Act and Climate Agreement in the Netherlands (p. 457)
£116.25
Intersentia Ltd Elderly Care and Upwards Solidarity: Historical,
Book SynopsisA book series dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe. The books are published in English, French or German under the auspices of the Organising Committee of the Commission on European Family Law (CEFL). The ageing population poses a huge challenge to law and society and has important structural and institutional implications. This book portrays elder law as an emerging research area and brings together authors from different disciplines (history, sociology and law) and from different legal jurisdictions (Austria, Belgium, England, Germany, the Netherlands and Spain). Topics discussed inter alia include: the recognition of informal care in private law and in inheritance law, the question of whether special consumer protection is needed for the elderly, intergenerational support duty between children and their parents, and public law offering options to support informal care by means of leaves for employees. In doing so, this book reflects on the allocation of responsibilities between different actors and answers questions at an institutional level: what is the role of the state, the family and the individual in taking care of the elderly? This book will appeal to academic scholars and postgraduate students of law and social sciences. With contributions by Elisabeth Alofs (Free University of Brussels), Susanne Burri (Utrecht University), Christian Dorfmayr (University of Vienna), Susanne Heeger-Hertter (Utrecht University), Leen Heylen (Thomas More University of Applied Sciences), Jeroen Knaeps (Thomas More University of Applied Sciences), Dimitri Mortelmans (University of Antwerp), Froukje Pitstra (University for Humanistic Studies), Jordi Ribot (University of Girona), Wendy Schrama (Utrecht University), Ute Christiana Schreiner (University of Vienna), Brian Sloan (University of Cambridge), Veerle Vanderhulst (Free University of Brussels) and Frauke Wedemann (University of Munster).Trade Review'Elderly Care and Upwards Solidarity. Historical, sociological and legal perspectives is another interesting study on the challenges of longevity. The book and its subject matter are extremely timely.' -- Radosaw Mdrzycki, European Journal of Social Security, 2021.Table of ContentsTable of contents and preliminary pages (p. 0) Introduction (p. 1) Part I. Interdisciplinary Perspectives on an Ageing Society and Caring for the Elderly Historical Perspectives on Ageing: 'Old People and Things that Pass' (p. 7) Sociological Perspectives on Changing Family Constellations and Intergenerational Support in Ageing Societies (p. 23) Part II. Legal Perspectives on Elderly Care The Recognition of Informal Care in English Private Law (p. 47) Maintenance Law and Elderly Care in Western Societies (p. 67) The Recognition of Care Services in Austrian Inheritance Law (p. 83) Protecting the Elderly in German and French Tort and Consumer Law (p. 97) Elderly Protection Measures in Belgium (p. 111) Long-Term Care Policies and Statutory Care Leaves for Employees in Dutch and German Law (p. 147) Conclusion: A Roadmap for Future Research on Care for the Elderly (p. 177)
£999.99
Oneworld Publications The World Trade Organization: A Beginner's Guide
Book SynopsisOne of the most important yet least understood organizations in the world, the WTO is a lynchpin of globalization, allowing us to enjoy products and services from around the globe. However, it also lays bare the frailty of many industries, leading some to claim that it stokes unemployment and harms the developing world. In this engaging introduction, David Collins examines the goals of the WTO and the difficulties experienced by member countries struggling to adapt to the pressures of globalization. Refuting the argument that the WTO should expand its mandate to cover wider social issues, Collins demonstrates how this would confuse the organization’s primary objective – to liberalize international trade. With case studies straight from the headlines and clear explanations of complex issues like regional trade agreements and currency manipulation, this lucid exposition is an essential insight into what the WTO does and how it fits into the world we know. Trade Review“A refreshingly accessible introduction to the World Trade Organization and the contemporary challenges that it faces. This book will become an important first reference point for both students and members of the general public interested in learning about the WTO and the way that it affects their lives.” -- Andrew Lang, Professor of Law, London School of Economics“A wonderful little book packed with useful information and explanations... Students and those new to international trade law will absolutely love this.” -- Bryan Mercurio, Professor of Law and Associate Dean (Research), Chinese University of Hong Kong“A concise and insightful introduction to the intricacies of a poorly understood institution. Using a jargon-free style and focusing on what matters most, this guide to the WTO provides the reader with a superb compass to navigate through a maze of multilateral trade agreements, institutional provisions and dispute settlement rules. An invaluable tool for anyone interested in learning what the WTO is about.” -- Dr Gabriel Gari, Senior Lecturer in International Economic Law, Centre for Commercial Law Studies, Queen Mary University of London“Commendable, clear and thoughtful. This will make it much easier for the non-expert to understand the organization.” -- David A. Gantz, Samuel M. Fegtly Professor of Law and Co-Director, International Trade and Business Law Program, University of Arizona
£9.49
Bloomsbury Publishing PLC National and Regional Parliaments in the EU-Legislative Procedure Post-Lisbon: The Impact of the Early Warning Mechanism
Book SynopsisMuch has changed in European constitutional law after the Lisbon Treaty, not least the efforts to increase democratic legitimacy by engaging national legislatures and introducing a stricter subsidiary review process, namely the Early Warning Mechanism (EWM). This collection looks at how national parliaments have adapted to their new roles and looks at how the new system has impacted on relations between the EU legislative bodies and national parliaments. A team of experts from across Europe explore the effect of the EWM on the national constitutional orders; analyse the regional impact of EWM and evaluate the new system of scrutiny.Trade Review... the edited collection reviewed here is able to add significant value to the existing field through its unified approach and its in-depth analysis ... We may like the idea of national parliaments, but if in reality this is left to a small body of people and mainly conducted through administrative tasks, to what extent can we speak of this as improving democratic legitimacy? This book contributes to our understanding of these important questions through its rigorous analysis of the mechanism’s use in practice. -- Andrew Woodhouse * Common Market Law Review *This edited volume represents an engaging reflection on the evolution of [the early warning mechanism], and it usefully updates the abundant existing literature on this matter. It thoughtfully combines a more general critique of the EWM with a comparative analysis of the legal and political dimensions of its practical functioning. -- Davor Jancic, Queen Mary University of London * European Law Review *Table of Contents1. Introduction Anna Jonsson Cornell and Marco Goldoni Part I: Subsidiarity Review—Goals Achieved and Future Challenges 2. Is the Early Warning Mechanism a Legal or a Political Procedure? Three Questions and a Typology Ian Cooper 3. Reconstructing the EWM? Jörgen Hettne 4. Mapping out the Procedural Requirements for the Early Warning Mechanism Anna Wetter 5. Interparliamentary Cooperation between National Parliaments Bruno Dias Pinheiro Part II: Regional Parliaments 6. Regional Parliaments and the Early Warning System: An Assessment and Some Suggestions for Reform Diane Fromage 7. A New Player in the ‘Multi-Level Parliamentary Field’. Cooperation and Communication of Regional Parliaments in the Post-Lisbon Scenario Karolina Boronska-Hryniewiecka 8. Italian Regional Councils and the Positive Externalities of the Early Warning Mechanism for National Constitutional Law Cristina Fasone 9. Belgian Parliaments and the Early Warning System Werner Vandenbruwaene and Patricia Popelier Part III: The Early Warning Mechanism in National Constitutional Orders 10. Similar but Different—Comparing the Scrutiny of the Principle of Subsidiarity within the EWM in Denmark, Finland and Sweden Anna Jonsson Cornell 11. The Scrutiny of the Principle of Subsidiarity in the Procedures and Reasoned Opinions of the Italian Chamber and Senate Nicola Lupo 12. Speaking with One Voice? The French Parliament’s Use of the EWM Angela Tacea 13. Parliamentary Scrutiny of EU Affairs by the UK Parliament: The Primacy of Ministerial Accountability Adam Cygan 14. Able and Willing? Early Warning System and Political Dialogue in the Bundestag and the Nationalrat Katrin Auel 15. Like Two Peas in a Pod? The Functioning of the Early Warning Mechanism in the Czech Republic and Poland Katarzyna Granat 16. The Trajectory of the Early Warning Mechanism Marco Goldoni and Anna Jonsson Cornell
£95.00
Anthem Press World Trade and Investment Law Reimagined: A
Book SynopsisWorld trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefi ts more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in World Trade and Investment Law Reimagined.Table of ContentsAcknowledgments; List of Contributors; Part I: Introduction and Overview, David Trubek, Chantal Thomas and Alvaro Santos; Part II: Rethinking the Political Economy of Trade: Comments on Dani Rodrik’s ‘Straight Talk on Trade’, Chantal Thomas, Kevin P. Gallagher, Gregory Shaffer, Alvaro Santos and Dani Rodrik; Part III: Setting the Stage for a Progressive Vision: Emerging Issues in World Trade and Investment Law; Section I: Mapping the New Context for Trade and Investment Law; The End of Trade and Investment Law As We Know It: From Singularity to Pluralism, Poul F. Kjaer; Heterodox Market Orders in the Global Trade System, Andrew Lang; Embedded Neoliberalism and Its Discontent: The Uncertain Future of Trade and Investment Law, Sonia E. Rolland and David Trubek; Rethinking the Rcep in the Third Regionalism: Paradigm Shifts in World Trade Law?, Pasha L. Hsieh; Beyond Normal Trade Law, Robert Wai; Section II: Dealing with Major Changes in the World Economy; Trade, Distribution and Development under Supply Chain Capitalism, Dan Danielsen; The Global Rise and Regulation of Platform Firms and Markets, Jason Jackson; How Should We Think About a Global Market in Legal Cannabis?, Antonia Eliason and Rob Howse; Section III: Framing a More Equitable Investment Law Regime; Bilateral Investment Treaties: Has South Africa Chartered a New Course?, Dennis. M. Davis; Rethinking the Right to Regulate in Investment Agreements: Reflections from the South African and Brazilian Experiences, Fabio Morosini; Making Local Communities Visible: A Way to Prevent the Potentially Tragic Consequences of Foreign Investment?, Nicolás M. Perrone; Section IV: Supporting Development; Bargaining over Policy Space in Trade Negotiations, Gregory Shaffer; Trumping the IMF: Trade and Investment Treaties and the Regulation of Cross-Border Financial Flows, Kevin P. Gallagher; Section V: Reinforcing Social Protection: Spreading the Benefits of Trade, Dealing with Losses and Exploring the Trade-Immigrant Nexus; Trade Agreements in the 21st Century: Rethinking the Trade–Labor Linkage, Kerry Rittich; The New Frontier in Labor and Trade, Alvaro Santos; Restoring Trade’s Social Contract in the United States, Frank J. Garcia; Re-embedding Liberalism: Introducing ‘Passporting Fees’ for Free Trade, Thomas Streinz; Irregular Migration and International Economic Asymmetry, Chantal Thomas; Index.
£999.99
Facet Publishing The Freedom of Information Officer's Handbook
Book SynopsisFreedom of information (FOI) is now an international phenomenon with over 100 countries from Albania to Zimbabwe enacting the right to know for their citizens. Since 2005, the UK’s Freedom of Information Act has opened up thousands of public bodies to unparalleled scrutiny and prompted further moves to transparency. Wherever the right to know is introduced, its success depends on the way it is implemented. In organisations worldwide, FOI only works because of those who oversee its operation on a day-to-day basis, promoting openness, processing requests and advising colleagues and the public. FOI is dependent on the FOI Officers. The Freedom of Information Officer’s Handbook is a comprehensive guide to FOI and its management. It is designed to be an indispensable tool for FOI Officers and their colleagues. It includes: a guide to the UK’s FOI Act, the right to know and the exemptions clear analysis of the most important case law and its implications for the handling of FOI requests pointers to the best resources to help FOI officers in their work explanations of how FOI interacts with other legislation, including detailed explorations of the Environmental Information Regulations 2004 and how the EU’s General Data Protection Regulation impacts on FOI a look at requirements to proactively publish information and the effect of copyright and re-use laws on FOI and open data comparisons of the UK’s Act with FOI legislation in other jurisdictions from Scotland to South Africa an exploration of the role of the FOI Officer: who they are, what they do, their career development and what makes them effective suggestions on how to embed FOI within an organisation using effective procedures, technology and training a stage-by-stage guide to processing requests for information. The Freedom of Information Officers’ Handbook includes the latest developments in FOI including amendments made to the UK’s FOI Act by the Data Protection Act 2018 and the revised s.45 code of practice published by the Cabinet Office in July 2018.Trade Review'Comprehensive, authoritative, definitive, exceptionally well organized and presented, "The Freedom of Information Officer's Handbook" is a complete and thoroughly 'user friendly' instructional guide and reference for anyone charged with FOI responsibilities and responses to requests. An essential and core addition to governmental information policy maker reference collections, "The Freedom of Information Officer's Handbook" is essential reading for all journalists and is unreservedly recommended for community, college, university collections.'- Able Greenspan, Midwest Book Review * Midwest Book Review *'The book is an absolute must read for staff new to FOI (and new to complex UK legislation) as they navigate their way through this new world and language. However, it is also a wonderful resource for more experienced staff to dip into as and when required. Every FOI Officer should have a copy on their desk.'- Lynn Wyeth, Head of Information Governance at Leicester City Council, Freedom of Information Journal * Freedom of Information Journal *Table of ContentsAcknowledgementsAbbreviationsIntroductionPart 1: Understanding FOI1. A brief history of freedom of information2. Understanding the Act3. The exemptions in the Freedom of Information Act4. The FOI officer’s toolkitPart 2: FOI in Context5. The Environmental Information Regulations6. The Freedom of Information Act, personal information and the GDPR7. Records and archives8. Publication schemes and proactive disclosure9. Copyright and re-use of informationPart 3: FOI in Practice10. The FOI officer11. Embedding FOI12. Managing FOI requests13. Communicating with applicants14. Internal reviews and appealsAppendicesAppendix 1 - Methodology of survey of English local authoritiesAppendix 2 - FOI response templatesAppendix 3 - Privacy notice for FOI requestsNotesIndex
£67.50
Globe Law and Business Ltd Law Firm KM: Driving Practice Innovation and
Book SynopsisHow can knowledge management (KM) help your firm exceed your clients' expectations and differentiate you from your closest competitors? This guide written by senior figures in legal KM in the US and UK will show how you can achieve this and more, drawing upon case studies from some of the most innovative firms using KM to their advantage. KM is helping law firms adapt to an evolving legal landscape. Increasingly, firms like yours are seeing knowledge management and its potential as an "organisational capability" for leveraging the firm's experience, data and intellectual capital as a strategic resource. Many firms have a KM function in place. But has this function evolved to become a key business unit recognised by the rest of the firm, focused on achieving business outcomes measurable goals important to a firm's overall success? Perhaps you're finding it challenging persuading your fee earners to spare billable time to embed knowledge into your firm's systems, to the overall benefit of your firm. Or perhaps you're having trouble proving ROI on certain initiatives. Whatever the KM challenge you're facing, Law Firm KM: Driving Practice Innovation and Redefining Service Delivery will help you solve key challenges and ensure you can take advantage of opportunities that arise after using KM as a strategic tool. Written by some of the best minds in legal and business consulting, this guide is split into two sections: *Part One examines how KM professionals can support law firm and in-house needs, while considering some of the challenges they face. *Part Two is made up of practical guidance in the form of case studies from UK and US law firms who are trailblazing in legal KM and who have integrated vital KM principles into their overall firm strategy. In today's evolving competitive market, firms must be looking to not only please their clients, but to find ways that go beyond the level of service they expect. More and more firms are turning to KM to help them do this. Are you? Why buy this guide? *Read case studies from firms who are actively integrating KM principles into their firm strategy with success, so you can understand how this is done in practice *Gain insight on how to use KM to inform new service models and pricing structure, innovation and efficiency to please your clients and exceed their expectations of your firm *Discover how to measure the success of KM strategy to prove ROI and make it easy for your firm to invest in future KM initiatives *Learn how to embed KM within your firm's culture to ensure stress-free adoption and adaptation. Hear from firms trailblazing in the KM space including: *Littler Mendelson *BLM *Donelson, Bearman, Caldwell & Berkowitz *Samuel Phillips Law Firm You'll love this guide if you're a... *Knowledge management officer *Information officer *Professional Support Lawyer (PSL) *Managing partner *C-suite professional, looking for new strategic inspiration *Head of Department/Practice Group *PartnerTable of ContentsPart One: Insights and practice Chapter 1: Taking knowledge management to a strategic level Chapter 2: Utilising KM to inform the pricing of legal services Chapter 3: Measuring the success of law firm knowledge management Chapter 4: How KM can give clients more value Chapter 5: Legal document drafting - Tools and practices that enhance a firm's competitive edge Chapter 6: Data-driven knowledge management - Matter lifecyle management Chapter 7: Blockchain technology can inform the legal profession Part Two: Case studies Case study 1: Innovation as a business development strategy Case study 2: Changing the way knowledge is used to support clients Case study 3: Weaving KM into the strategic fabric of today's law firm - Five keys to success Case study 4: Harnessing social channels to spread content
£134.10
Open Book Publishers Whose Book is it Anyway?: A View From Elsewhere
Book Synopsis
£24.65
The Law Society Commercial Law Handbook
Book SynopsisThe Commercial Law Handbook examines the most commonly encountered transactions, provides a checklist of the terms that need to be included in the agreements and analyses the issues that should be considered when drafting them. This new second edition includes: - Consumer Rights Act 2015 - General Data Protection Regulation (Data Protection Act 2018) - Rome I and II Regulations on governing law - Recast Brussels Regulation on jurisdiction and the recognition and enforcement of judgments - Competition and Markets Authority succeeding the Office of Fair Trading - case law clarifying rights of agents and operation of Commercial Agents Regulations - perspectives on the potential impact of Brexit.Table of Contents1. Introduction: what is a commercial contract and how to draft one; 2. Services agreements; 3. Sale and supply of goods agreements; 4. Distribution agreements; 5. Agency agreements; 6. Licensing and franchising agreements; 7. Joint ventures; 8. Competition law aspects; 9. Resolution of commercial disputes; Appendix.
£110.00
The Law Society Conveyancing Checklists
Book SynopsisThis new edition of Conveyancing Checklists provides a comprehensive range of checklists and standard letters that follow the order of a transaction.
£70.00
The Law Society Renewal of Business Tenancies
Book SynopsisThe renewal of business tenancies is subject to compliance with strict legal requirements including technical statutory procedures, time-limits, and the service of prescribed notices and forms. This book unravels the complexity of the legal requirements.
£95.00
