DSM Avocats à la Cour, an independent business law firm, is proud to announce our partnership with HACA PARTNERS, an accredited auditor firm with over 60 employees. Together, we propose the Luxembourg GDPR-CARPA certification to our clients.
The GDPR-CARPA data processing certification mechanism was announced by the National Commission for Data Protection (Commission Nationale pour la Protection …
Member Publications
When an economic sector is doing well, there are often few questions about the exact scope and limits of the protective norms surrounding it.
When the trend is reversed and difficulties arise, the limitations of the legislation are usually revealed to their full extent.
Following this natural trend, recent bankruptcies of real estate development companies have highlighted a series of complex but…
This third article in the series 'This is how you protect your intellectual property' looks at trademarks and trademark law.
The use of a trademark allows a company to distinguish its products and/or services from those of other companies. The trademark helps customers recognise the products and/or services as coming from a particular company. A trademark may embody much goodwill, and is as such …
The June Monthly Minute highlights EPCRS expansion under SECURE 2.0 as well as various SECURE 2.0 technical corrections, and the termination of COVID-19 relief previously applicable to HDHPs.
IRS Guidance on SECURE 2.0 EPCRS Expansion
As reported in the January 2023 Monthly Minute, Section 305 of SECURE 2.0 significantly expanded the Employee Plans Compliance Resolution System (EPCRS). Notably, Se…
Lewis Thomason (Knoxville, TN) Article: Developer Ordered to Cede Control to Homeowners’ Association
Appeals Court Sides with Homeowners in Pool Construction Lawsuit
A recent decision sheds light on the ability of a subsequent purchaser of a subdivision (who we refer to as the “Developer” for simplicity’s sake) to usurp control of a development. Along with family members, the Developer sought to retain full control over architectural decisions of homeowners within the community without regard to …
The Corporate Transparency Act (“CTA”) was passed by the Senate and signed into law by President Trump on December 20, 2020, and was thereby enacted into law effective January 1, 2021 pursuant to the National Defense Authorization Act for Fiscal Year 2021, having broad bipartisan support. The CTA requires certain businesses to report their beneficial ownership information to the Financial Crimes E…
One of the many significant changes of the new Alberta Prompt Payment and Construction Lien Act (the PPCLA) relates to the implementation of an adjudication process for certain types of disputes. The adjudication process was introduced by the PPCLA to facilitate quicker resolution of construction disputes during the project. However, adjudication is not always available for construction …
On May 25, 2023, the U.S. Supreme Court issued its long-anticipated decision in Sackett v. EPA, a case involving homeowners who filled private residential property in order to build a home.[1]
All nine justices agreed the definition of waters of the United States (“WOTUS”) found in the Clean Water Act (“CWA”)[2] did not extend to the Sackett’s property. However, that is where agreement …
Prospective clients often call and tell me they “need a simple living will.” They usually mean they want a will – and likely a trust, general power of attorney, health care power of attorney, living will, and real estate documents – but the point is clear: everyone has heard of a “living will,” and they know they need one. Or do they?
Most clients assume a health care power of attorney and living…
In Latin America, the generally called “amparo” is a means of protection against any violation of a person’s (natural or legal) constitutional rights. In essence, after obtaining an unfavorable arbitral award or requesting the enforcement and recognition of it, the interested party has to go before the competent judicial authorities. After said processes, many Latin American legislations provide t…