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Preparing the 2016 Social Elections Strategy and Pitfalls

Event | 05.28.15, 12:00 PM UTC - 2:00 PM UTC

Address

Crowell & Moring
7, Rue Joseph Stevens

The next social elections are scheduled for 9 - 22 May 2016. This implies that the election procedure will already start in December 2015. Therefore, it is high time for companies to define their social elections strategy in order to be fully prepared when the social elections process starts. 

In the first part of this seminar, we will discuss the principles and key issues that govern social elections in general, and we will look at any new elements introduced since the last elections of 2012. In the second part of the seminar, we will focus on the strategic action points and possible pitfalls to be considered before the start of the social elections process. This discussion will include an analysis of the conditions triggering the obligation to organize social elections, the definition of an “undertaking” under the social elections regulations and the criteria to be used when defining such an “undertaking”.  We will also analyze the options for companies to protect themselves against possible mala fide practices by employees.

For more information, please visit these areas: Labor and Employment, EU Employment Law

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.