Italian supreme court ruling on the criteria to apply corporate liability: an overview of the implications for foreign financial institutions operating in Italy

2020 ◽  
Vol 21 (2/3) ◽  
pp. 97-102
Author(s):  
Francesco Falco ◽  
Chiara Arcidiacono
Keyword(s):  
Supreme Court ◽  
Financial Institutions ◽  
Supreme Court Decision ◽  
Control Measures ◽  
Court Decision ◽  
Supreme Court Ruling ◽  
Content Type ◽  
Registered Office ◽  
Potential Risks ◽  
Practical Implications

Purpose To analyze the Italian Supreme Court decision (case no. 11626/2020) and its potential implications for foreign financial institutions operating in Italy. Design/methodology/approach This article provides firstly a brief description of Decree 231/2001 and of its application to financial institutions, then a description of the Italian Supreme Court decision and, lastly, a set of inputs to foreign financial institutions operating in Italy. Findings Following the decision under review, where the further conditions set out in the Decree 231/2001 are met, entities are liable under the same Decree when a relevant offense occurs in Italy – or there is Italian jurisdiction – regardless of their nationality, the localization of their registered office, the place where they predominantly carry out their business or whether there are rules governing the same matter in the State of origin. Practical implications Following the decision under review, foreign financial institutions operating in Italy should adopt and implement the control measures required by the Decree 231/2001 in order to avoid incurring the relevant sanctions. Originality/value This is an analysis of the potential practical implications for foreign financial institutions operating in Italy of a decision issued by the Italian Supreme Court that may also provide useful advice to mitigate the potential risks linked to it.

scholarly journals PENERAPAN WASIAT WAJIBAH TERHADAP NON MUSLIM DITINJAU DARI KOMPILASI HUKUM ISLAM (KHI) STUDI KASUS PUTUSAN MAHKAMAH AGUNG NO. 331/K/AG/2018/MA

2019 ◽  
Vol 2 (2) ◽  
pp. 267
Author(s):  
Liana Noviyanti ◽  
Mulati Mulati
Keyword(s):  
Qualitative Research ◽  
Supreme Court ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Court Ruling ◽  
Legal Research ◽  
Supreme Court Ruling ◽  
Library Research ◽  
The Supreme Court

Islamic law has stated that every person of different religion cannot inherit each other, both Muslims inherit for non-Muslims and from non-Muslims inherit for Muslims, but in practice, Judges at the Supreme Court level implement mandatory wills, this is required which has been decided in the Supreme Court Decision Number. 331 / K / AG / 2018 / MA. This study aims to examine how to implement the mandatory non-Muslim wills in the Supreme Court ruling Number. 331 / K / AG / 2018 / MA based on the provisions of the Compilation of Islamic Law (KHI), and what the Supreme Court Judges consider in implementing mandatory testaments against non-Muslims in the Supreme Court Decision Number. 331 / K / AG / 2018 / MA. This research is a normative legal research with the nature of qualitative research with the type of library research. Based on the studies that have been carried out, the Decision of the Supreme Court Number. 331 / K / AG / 2018 / MA does not include legal considerations in force in Indonesia concerning inheritance provisions and concerning the granting of an approved mandatory will set out in the Compilation of Islamic Law (KHI). The application of mandatory wills in the Supreme Court Decision is contrary to the provisions of Islamic Law and the provisions of the Compilation of Islamic Law (KHI). Article 209 paragraphs (1) and (2) concerning mandatory wills.

Case study – trade dress and brand protection in Thailand’s copier paper business

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Pabhawan Suttiprasit ◽  
Winai Wongsurawat
Keyword(s):  
Political Economy ◽  
Supreme Court ◽  
Developing Economies ◽  
Supreme Court Decision ◽  
Court Decision ◽  
The Political ◽  
Content Type ◽  
Brand Protection ◽  
Trade Dress

Purpose The purpose of this paper is to describe and analyze an unusual legal development concerning brand protection in Thailand. The case study elucidates many key concepts in brand management and the political economy of Thailand. Design/methodology/approach A case study approach is adopted, in which a chronology of key events surrounding a supreme court decision are developed. An analysis of the causes and consequences of the verdict is presented drawing on inputs from legal and business experts. Findings The decision at the center of this case is ground breaking. Unlike conventional infringement decisions that are based on tangible designs of products, this case established protection of a brand image based on advertisements aired on television. It is argued that the decision went too far in the protection of trade dress and may potentially limit freedom and creativity for future marketing campaigns. Practical implications Intellectual property protection in developing economies such as in Thailand can be complicated by a lack of clear laws and the political and social influence of the parties involved. Originality/value The case provides the first analysis of a potentially consequential supreme court decision with links to the unique context of the political economy of Thailand.

Kokesh v. SEC: the end of a disgorgement era?

2017 ◽  
Vol 18 (4) ◽  
pp. 13-15 ◽  
Author(s):  
Marc Litt ◽  
Jerome P. Tomas ◽  
Elizabeth L. Yingling ◽  
Richard A. Kirby
Keyword(s):  
Supreme Court ◽  
Design Methodology ◽  
White Collar Crime ◽  
White Collar ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Securities Litigation ◽  
Content Type ◽  
The Supreme Court ◽  
Securities Laws

Purpose To explain the Supreme Court’s ruling in its recent Kokesh v. SEC decision and its impact on the SEC’s ability to recover disgorgement of ill-gotten gains beyond the five-year statute of limitations. Design/methodology/approach This article discusses the Supreme Court’s recent decision and the immediate effects it will have on the SEC’s approach to a variety of cases in which a significant portion of the recovery may now be outside the statute of limitations. Findings The article concludes that the recent Supreme Court decision will have an immediate effect of preventing the SEC from reaching back beyond five years for disgorgement; however, the SEC may be able to comply with Kokesh and modify its procedures so that its financial recoveries from those that violate securities laws may be categorized as an equitable remedy (like restitution) rather than as a penalty (like forfeiture) which is subject to a five-year statute of limitations. Originality/value The article provides practical guidance from experienced securities litigation and white collar crime lawyers. It explains and analyzes the Supreme Court decision that severely limits the ability of the SEC to seek disgorgement by limiting the SEC’s use of disgorgement to a five-year statute of limitations.

Rent review: dark art or rainy sky?

2016 ◽  
Vol 34 (2) ◽  
pp. 186-190
Author(s):  
Malcolm John Dowden
Keyword(s):  
Supreme Court ◽  
Design Methodology ◽  
Common Law ◽  
Court Ruling ◽  
Supreme Court Ruling ◽  
Content Type ◽  
Service Charge ◽  
Uk Supreme Court ◽  
The Impact ◽  
Practical Implications

Purpose – The purpose of this paper is to consider the impact on rent review clauses of a recent UK Supreme Court ruling on the interpretation and application of contractual provisions. Although the ruling in Arnold v. Britton (2015) UKSC 36 concerned service charge provisions, the court’s approach has significant implications for rent reviews where a fixed or indexed increase is intended. Design/methodology/approach – Review of the Supreme Court’s approach and findings in a case concerning clauses that provided for fixed percentage increases in long leases. Findings – It is no part of the court’s function, through the process of contractual interpretation, to rescue a party from a bad bargain. Research limitations/implications – Supreme Court ruling in Arnold v. Britton was considered in the context of recent rulings on rent review clauses. Practical implications – When drafting for a fixed or stepped increase at rent review, parties must ensure that any formulae or other provisions governing calculation produce results that are fair and in line with the parties’ actual intentions. The court will not use the process of contractual interpretation to rescue a party from a bad bargain, and will not intervene to override clear wording. Although the court has power to decide in favour of commercial common sense where a clause is ambiguous or unclear, there is a limit to the “red ink” that the court can apply, and no room for remedial interpretation where a clause is clear. Social implications – Where contract provisions are clear it is not open to the court to intervene, by means of contractual interpretation, to protect or to rescue a party who has been disadvantaged, however seriously, if the clause is clear. Where such cases arise in a contract covered by English law, or in similar common law jurisdictions, any protection must be found in statute. Originality/value – Practitioner’s review and comments on recent Supreme Court authority.

The Supreme Court Decision

2012 ◽  
Vol 42 (13) ◽  
pp. 54
Author(s):  
JOSEPH S. EASTERN
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
The Supreme Court

Legal Nature of Stock Repurchases - Supreme Court Decision 2019. 6. 27. 2016Du49525 -

2019 ◽  
Vol 34 ◽  
pp. 41-62
Author(s):  
Kun Young Chang
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Stock Repurchases ◽  
Legal Nature
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