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<?xml version="1.0" encoding="UTF-8"?><rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" > <channel> <title>DeLorean Advokat</title> <atom:link href="https://www.delorean.law/feed/" rel="self" type="application/rss+xml" /> <link>https://www.delorean.law/</link> <description>Innovative attorneys in Swedish and International business law</description> <lastBuildDate>Thu, 07 Nov 2024 10:11:58 +0000</lastBuildDate> <language>en-GB</language> <sy:updatePeriod> hourly </sy:updatePeriod> <sy:updateFrequency> 1 </sy:updateFrequency> <generator>https://wordpress.org/?v=6.8.1</generator> <image> <url>https://www.delorean.law/wp-content/uploads/2018/04/cropped-cropped-DeLorean-Black-icon-32x32.png</url> <title>DeLorean Advokat</title> <link>https://www.delorean.law/</link> <width>32</width> <height>32</height></image> <item> <title>Contract Dispute Between Subcontractor and Construction Company Resulted in Compensation</title> <link>https://www.delorean.law/contract-dispute-between-subcontractor-and-construction-company-resulted-in-compensation/</link> <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator> <pubDate>Thu, 07 Nov 2024 10:00:31 +0000</pubDate> <category><![CDATA[Entreprenad]]></category> <category><![CDATA[Litigation]]></category> <guid isPermaLink="false">https://www.delorean.law/?p=6549</guid> <description><![CDATA[<p>The post <a href="https://www.delorean.law/contract-dispute-between-subcontractor-and-construction-company-resulted-in-compensation/">Contract Dispute Between Subcontractor and Construction Company Resulted in Compensation</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></description> <content:encoded><![CDATA[<div class="wpb-content-wrapper"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"> <div class="wpb_text_column wpb_content_element" > <div class="wpb_wrapper"> <h2><b>Contract Dispute Between Subcontractor and Construction Company Resulted in Compensation</b><b></b></h2><p>The Court of Appeal for Western Sweden recently ruled on a dispute between a construction company and a Polish subcontractor concerning unpaid claims for work performed and material deliveries at Northvolt Ett’s battery factory.</p><h2><b>Contractual Party</b><b></b></h2><p>The dispute involved a subcontract for electrical and automation work at the Northvolt Ett factory outside Skellefteå. The subcontractor claimed that the construction company was their contractual party and demanded payment for labor and materials that had not yet been settled.</p><h2><b>Dispute Over the Agreement</b><b></b></h2><p>The subcontractor argued that an oral agreement had been made with the construction company in January 2021, supported by correspondence and the company’s documents that gave the impression of a contract. The main question was whether the construction company was indeed the contractual party responsible for payment.</p><h2><b>Contract Formation</b><b></b></h2><p>The Court of Appeal confirmed that an agreement had been formed between the subcontractor and the construction company, even though it was not in writing. The communication between the parties, including the agreed hourly rate of 380 SEK, substantiated this. Testimony from the subcontractor’s representatives showed that the work had been performed in accordance with the agreement.</p><h2><b>Material and Labor Costs</b><b></b></h2><p>The court found that the subcontractor was entitled to compensation for both labor and materials. Timesheets and material orders had been recorded in the construction company’s system and approved by their project manager. Despite some objections from the construction company, the evidence was deemed sufficient to support the subcontractor’s claims.</p><p>The Court of Appeal upheld the district court’s decision, affirming that the subcontractor was entitled to compensation from the construction company.</p><h2><b>Court’s Conclusions</b><b></b></h2><p>The court emphasized that contracts can be established through implied actions and mutual declarations of intent, even without a written agreement.</p><p>The case highlights the importance of documentation and clear contractual relationships, especially in companies with complex structures, to prevent misunderstandings about responsibilities and obligations.</p><h2><b>Contact Us</b><b></b></h2><p>DeLorean Advokat handles commercial disputes regarding contract formation and compensation in construction projects on a daily basis. Contact us today for a consultation to see if we are the right firm for you and your business.</p> </div> </div></div></div></div></div></div><p>The post <a href="https://www.delorean.law/contract-dispute-between-subcontractor-and-construction-company-resulted-in-compensation/">Contract Dispute Between Subcontractor and Construction Company Resulted in Compensation</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></content:encoded> </item> <item> <title>No discrimination in the case of transition period for parental leave</title> <link>https://www.delorean.law/no-discrimination-in-the-case-of-transition-period-for-parental-leave/</link> <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator> <pubDate>Wed, 30 Oct 2024 08:58:18 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.delorean.law/?p=6512</guid> <description><![CDATA[<p>The post <a href="https://www.delorean.law/no-discrimination-in-the-case-of-transition-period-for-parental-leave/">No discrimination in the case of transition period for parental leave</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></description> <content:encoded><![CDATA[<div class="wpb-content-wrapper"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"> <div class="wpb_text_column wpb_content_element" > <div class="wpb_wrapper"> <div id="6b741c38-5d5e-47bf-9f65-11a5b796f152" class=""><div class="___1r9qzot f22iagw f1vx9l62 flvyvdh f14z66ap f11ysow2 f1ewtqcl f4sjk8j f1d54kgm fk6fouc fkhj508 figsok6 f1i3iumi fdrjwhn fvhlfan f15orfay fqvmpri f11tbgq f1p0247a f9sufv2 f1dr1xf1 f1vyg3t2 fns3mgy f2h6sj1 f13alwr3 f19c6guv frkklwf f5zfpvi f8owa2 fe11041 fds34uz f1aye3w6 f17s497r fmjcstx f1ac2nhu f1flgfly fup14nn f1o8hy8 f1ehsc59 f1vprcok f1cb6ucz f11iioar f1xr0rxl fvhgzcj foq5i8t fhjrts3"><h2><strong>Employment and Parental Leave Rights in Sweden</strong></h2><p>The Swedish Labor Court recently issued a ruling on reassignment and parental leave. The ruling discusses rights and regulations regarding employment and parental leave in Sweden. It emphasizes the importance of providing fair treatment to employees on parental leave and ensuring they are not disadvantaged compared to their colleagues who are not on leave.</p><h2><strong>Transition Period for New Job Offers</strong></h2><p>The case addresses a situation where an employee accepts an offer for a new position with a lower employment rate. It states that the transition period should begin when the new lower employment rate takes effect.</p><h2><strong>Reassignment</strong></h2><p>In the case of E.B., the reassignment offer involved a reduction in working hours from eight hours per week on weekends to five hours per week. According to the retail agreement, an employee experiencing a reduction in employment rate due to reorganization is entitled to a transition period equivalent to the notice period that would have applied if the employee had been dismissed.</p><p>The case discusses the legal framework for protecting employees from unfair treatment during parental leave. It mentions that the burden of proof lies with the employee to show that they have been disadvantaged due to their parental leave. The employer must then demonstrate that the action taken was a necessary consequence of the leave.</p><p>The court’s decision in this case revolved around whether the company had violated the prohibition against discrimination under the Parental Leave Act by allowing the transition period for two employees, E.B. and A.A., to run during their parental leave.</p><p>The court found that the company had not violated the law. The reasoning was that E.B. and A.A. received the same transition period as other employees who accepted reassignment to positions with a lower employment rate. The court concluded that the transition period running during parental leave was a necessary consequence of the leave and not a discriminatory action by the company.</p><p>The court also noted that the collective agreement did not stipulate that the transition period should begin after the employees returned from parental leave. Therefore, the company’s actions were in line with the collective agreement and the law.</p><h2><strong>Contact</strong></h2><p>DeLorean Advokat regularly advises clients on labor law issues. Please contact us about your case and whether we are the right advisors for you and your company.</p></div></div> </div> </div></div></div></div></div></div><p>The post <a href="https://www.delorean.law/no-discrimination-in-the-case-of-transition-period-for-parental-leave/">No discrimination in the case of transition period for parental leave</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></content:encoded> </item> <item> <title>EU Software Protection for Variable Data in Computer’s memory</title> <link>https://www.delorean.law/eu-software-protection-for-variable-data-in-computers-memory/</link> <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator> <pubDate>Mon, 28 Oct 2024 10:43:24 +0000</pubDate> <category><![CDATA[Computers]]></category> <category><![CDATA[Litigation]]></category> <category><![CDATA[Technology]]></category> <guid isPermaLink="false">https://www.delorean.law/?p=6497</guid> <description><![CDATA[<p>EU Software Protection for Variable Data in Computer’s memory In a recent ruling the European Court of Justice (ECJ) issued a judgment on whether changes to variable data in a computer’s memory constitute an infringement of software protection rights. The case centers on a dispute between Sony Computer Entertainment Europe Ltd and another party, focusing...</p><div class=" […]"><a href="https://www.delorean.law/eu-software-protection-for-variable-data-in-computers-memory/">Read More</a></div><p>The post <a href="https://www.delorean.law/eu-software-protection-for-variable-data-in-computers-memory/">EU Software Protection for Variable Data in Computer’s memory</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></description> <content:encoded><![CDATA[<h2 class="wp-block-heading" id="h-eu-software-protection-for-variable-data-in-computer-s-memory"><strong>EU Software Protection for Variable Data in Computer’s memory</strong></h2> <p>In a recent ruling the European Court of Justice (ECJ) issued a judgment on whether changes to variable data in a computer’s memory constitute an infringement of software protection rights.</p> <p>The case centers on a dispute between Sony Computer Entertainment Europe Ltd and another party, focusing on issues related to the modification and protection of computer programs under European law. The primary legal question is whether changes to variable data in a computer’s memory constitute an infringement of software protection rights.</p> <h2 class="wp-block-heading" id="h-interpretation-of-legal-provisions"><strong>Interpretation of Legal Provisions</strong></h2> <p>Several legal provisions are interpreted in the case, including Directive 2009/24 and the Bern Convention. The case examines whether the modification of variable data stored in a computer’s memory, without altering the original program’s code, infringes on the software protection rights provided by these legal frameworks.</p> <h2 class="wp-block-heading" id="h-technical-details"><strong>Technical Details</strong></h2> <p>The technical aspects of the case involve the use of Datel’s software on Sony’s PSP console. Datel’s software alters the content of variables stored in the console’s memory without modifying the original program’s code. This alteration allows users to access additional features and functionalities not provided by Sony’s original software.</p> <h2 class="wp-block-heading" id="h-directive-2009-24"><strong>Directive 2009/24</strong></h2> <p>The case delves into the specifics of Directive 2009/24, which provides legal protection for computer programs. It explains that the directive protects the intellectual creation as reflected in the source code and object code of a computer program. However, it does not protect the ideas and principles underlying the program’s various parts, such as logic, algorithms, and programming languages.</p> <h2 class="wp-block-heading" id="h-bern-convention"><strong>Bern Convention</strong></h2> <p>The Bern Convention is also discussed in the case. It provides that computer programs, whether expressed in source code or object code, are protected as literary works. The document highlights that copyright protection can cover expressions but not ideas, procedures, methods, or mathematical concepts as such.</p> <h2 class="wp-block-heading" id="h-ecj-s-interpretation"><strong>ECJ:s Interpretation</strong></h2> <p>The court’s interpretation of the legal provisions is also detailed in the case. It is noted that the court has previously ruled that the copyright protection for computer programs does not extend to the ideas and principles underlying the program’s various parts. Only the expressions of these ideas and principles are protected.</p> <h2 class="wp-block-heading" id="h-datel-s-software"><strong>Datel’s Software</strong></h2> <p>The case describes how Datel’s software is installed on the PSP console and runs simultaneously with Sony’s game software. It does not alter or reproduce the object code, source code, or internal structure and organization of Sony’s software. Instead, it only changes the content of the variables temporarily stored in the PSP console’s memory, which are used when the game is played.</p> <h2 class="wp-block-heading" id="h-legal-arguments"><strong>Legal Arguments</strong></h2> <p>Sony argued that Datel’s software, by altering the content of the variables stored in the PSP console’s memory, infringes on its copyright. Sony sought to stop the sale of Datel’s software and claimed damages for the alleged infringement.</p> <h2 class="wp-block-heading" id="h-court-s-decision"><strong>Court’s Decision</strong></h2> <p>The court ruled that the modification of the variable data stored in the computer’s memory does not constitute an infringement of the software protection rights provided by Directive 2009/24. The court concluded that the content of the variable data stored in the computer’s memory and used when the program is run is not protected by the directive, as long as this content does not enable the reproduction of the program or result in such a program at a later stage.</p> <h2 class="wp-block-heading" id="h-implications"><strong>Implications</strong></h2> <p>The case concludes by discussing the implications of the court’s decision. It emphasizes that the legal protection for computer programs is limited to the expressions of ideas and principles, not the ideas and principles themselves. This distinction is crucial for ensuring that the legal protection does not hinder independent creation and innovation in the software industry.</p> <h2 class="wp-block-heading" id="h-further-advice"><strong>Further advice</strong></h2> <p><span style="font-weight: 400;">DeLorean Advokat regularly advices clients in areas of copyright and software. Please talk to us about your case and if we are the right counsel for you and your business. </span></p><p>The post <a href="https://www.delorean.law/eu-software-protection-for-variable-data-in-computers-memory/">EU Software Protection for Variable Data in Computer’s memory</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></content:encoded> </item> <item> <title>Why hire an attorney?</title> <link>https://www.delorean.law/attorney-increases-your-opportunities/</link> <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator> <pubDate>Sat, 02 Mar 2024 21:40:23 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.delorean.law/?p=6444</guid> <description><![CDATA[<p>The post <a href="https://www.delorean.law/attorney-increases-your-opportunities/">Why hire an attorney?</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></description> <content:encoded><![CDATA[<div class="wpb-content-wrapper"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"> <div class="wpb_text_column wpb_content_element" > <div class="wpb_wrapper"> <h2 id="h-the-benefits-of-hiring-an-attorney-explained-to-entrepreneurs-and-individuals" class="wp-block-heading"><strong>The benefits of hiring an attorney explained to entrepreneurs and individuals</strong></h2><p>Navigating the legal system without an attorney can be both complicated and overwhelming, whether you are an entrepreneur or a private individual. There is often a lot at stake – it can be anything from a complex business transaction to an important family law matter. This is where an attorney’s expertise comes in handy. But why should you turn to a attorney? And what’s the difference between an attorney and a lawyer?</p><p> </p><h3 id="h-the-difference-between-an-attorney-and-a-lawyer" class="wp-block-heading"><strong>The difference between an attorney and a lawyer</strong></h3><p>Let’s start with the basics. A lawyer has a basic legal education, but that’s not the same as being a lawyer. To obtain the title of <strong>attorney</strong>, additional practical experience is required as well as admission by the Swedish Bar Association. This means a higher level of professional guarantee of quality of service.</p><p> </p><h3 id="h-security-through-the-right-representation" class="wp-block-heading"><strong>Security through the right representation</strong></h3><p>When you hire an attorney, you not only gain access to in-depth legal knowledge and experience. You also get a party that represents your interests and has a duty to act in your best interests. This provides security throughout the process, whether the case concerns business law, family law, employment law or any other area of law.</p><p> </p><h3 id="h-quality-assured-by-the-swedish-bar-association" class="wp-block-heading"><strong>Quality assured by the Swedish Bar Association</strong></h3><p>Members of the Swedish Bar Association have undergone thorough checks to ensure their competence and professional ethics. Choosing <strong>an attorney</strong> who is a member of the association means that you get a quality-assured legal expert who is bound by the professional rules that the Swedish Bar Association enforces.</p><p> </p><h3 id="h-high-ethical-level" class="wp-block-heading"><strong>High ethical level</strong></h3><p>Attorneys are bound by strict ethical rules which means that they should practice their profession in a fair and honest manner. They are also bound by <strong>professional secrecy</strong>, which ensures that information you give them in confidence will not become public.</p><p> </p><h3 id="h-professionalism-at-all-levels-with-an-attorney" class="wp-block-heading"><strong>Professionalism at all levels</strong> with an attorney</h3><p>Hiring an attorney means that all aspects of your case are handled with the highest degree of professionalism. Everything from legal analysis to representation in court or in hearings is handled with caution and skill. This is of great value in sensitive and complex cases where the outcome can have a major impact on your life or business.</p><p> </p><h3 id="h-summary-and-invitation" class="wp-block-heading"><strong>Summary and invitation</strong></h3><p>Understanding the importance of having the right legal assistance can be crucial for both entrepreneurs and individuals. Choosing a qualified <strong>attorney</strong> ensures that your legal case is handled with the highest possible knowledge, ethics and professionalism. Remember that the best legal decision is an informed one. If you have any further questions or need legal advice, do not hesitate to contact an attorney to discuss your case further.</p> </div> </div></div></div></div></div><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12 vc_col-has-fill"><div class="vc_column-inner vc_custom_1709415594731"><div class="wpb_wrapper"><div class="os-container"> <div class="os-cta-form-w" style="background-image: url();"> <div class="cta-form"> <div class="cta-form-header-w"><div class="cta-form-description">Call us at + 46 (0) 8 410 194 00 or fill out the form below to get in contact with us to see if we would be a good match for you and your business.</div></div> <div class="cta-form-content">[contact-form-7]</div> </div> </div> </div></div></div></div></div></div><p>The post <a href="https://www.delorean.law/attorney-increases-your-opportunities/">Why hire an attorney?</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></content:encoded> </item> <item> <title>Hire a legal counsel for your litigation in court</title> <link>https://www.delorean.law/hire-a-legal-counsel-for-your-litigation-in-court/</link> <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator> <pubDate>Sat, 02 Mar 2024 08:59:17 +0000</pubDate> <category><![CDATA[Litigation]]></category> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.delorean.law/?p=6424</guid> <description><![CDATA[<p>The post <a href="https://www.delorean.law/hire-a-legal-counsel-for-your-litigation-in-court/">Hire a legal counsel for your litigation in court</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></description> <content:encoded><![CDATA[<div class="wpb-content-wrapper"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"> <div class="wpb_text_column wpb_content_element" > <div class="wpb_wrapper"> <p>Navigating the world of law is not always easy, especially when it comes to litigation in court. For business owners, entrepreneurs and small to medium-sized businesses, managing all aspects of a trial, from documentation to understanding every step of the process, can be a real challenge. A legal representative can be the solution that saves both time and money, and allows you to stay focused on your core business.</p><p>In this post, we dive deeper into the benefits of hiring an attorney for your civil case and how this can make the process easier, faster and more cost-effective.</p><p> </p><h2 id="h-advantages-of-an-legal-counsel" class="wp-block-heading"><strong>Advantages of an legal counsel </strong></h2><p> </p><h3 id="h-easier-litigation-in-court" class="wp-block-heading"><strong>Easier</strong> litigation in court</h3><p>Having an expert by your side makes the whole litigation process in court easier. An agent can handle all communications, translate legal terms into plain language and ensure that all necessary documents are duly completed and submitted on time.This reduces the risk of mistakes that can be costly or even decisive for the outcome of the case.</p><p> </p><h3 id="h-focus-on-your-business" class="wp-block-heading"><strong>Focus on your business</strong></h3><p>As an entrepreneur or entrepreneur, your time is your most valuable asset. A dispute can be time consuming, distracting your attention from the important thing – running and developing your business. Hiring an agent gives you more time to do what really counts.</p><p> </p><h3 id="h-strategic-overview" class="wp-block-heading"><strong>Strategic overview</strong></h3><p>An agent can provide a significant strategic advantage. Lawyers and lawyers are trained to see larger patterns and have the experience needed to design a winning strategy. They can identify the strengths and weaknesses of your case and work proactively to maximize the chances of a favorable outcome.</p><p> </p><h3 id="h-faster-decisions" class="wp-block-heading"><strong>Faster decisions</strong></h3><p>When you put legal decisions in the hands of the expertise, decisions can be made faster, which can be crucial in a dispute.Your agent can quickly navigate through legal issues and act resolutely, which can lead to a faster resolution.</p><p> </p><h3 id="h-cost-effective-litigation-in-court" class="wp-block-heading"><strong>Cost-effective</strong> litigation in court</h3><p>Many fear the costs associated with legal proceedings. But hiring an agent can actually lead to a more cost-effective process. Through expertise and efficiency, an attorney can reduce the time spent on the case and thus the overall costs.Moreover, a good settlement can often be more economical than a lengthy legal procedure.</p><p>Resolving a dispute in court is a complex process that requires expert knowledge to navigate. For small and medium-sized businesses, the time and cost savings, along with strategic advantages, make an agent an indispensable resource. If you are facing the prospect of a dispute, consider hiring professional help to ensure the best possible outcome for you and your business.</p><p>For more information about litigation and legal services, please do not hesitate to contact us. Our expert representatives are ready to assist you throughout the process.</p> </div> </div></div></div></div></div><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12 vc_col-has-fill"><div class="vc_column-inner vc_custom_1709369927353"><div class="wpb_wrapper"><div class="os-container"> <div class="os-cta-form-w" style="background-image: url();"> <div class="cta-form"> <div class="cta-form-header-w"><div class="cta-form-description">Call us at + 46 (0) 8 410 194 00 or fill out the form below to get in contact with us to see if we would be a good match for you and your business.</div></div> <div class="cta-form-content">[contact-form-7]</div> </div> </div> </div></div></div></div></div></div><p>The post <a href="https://www.delorean.law/hire-a-legal-counsel-for-your-litigation-in-court/">Hire a legal counsel for your litigation in court</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></content:encoded> </item> <item> <title>Top 10 tips before taking your dispute to litigation</title> <link>https://www.delorean.law/top-10-tips-before-taking-your-dispute-to-litigation/</link> <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator> <pubDate>Sat, 02 Mar 2024 08:21:56 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.delorean.law/?p=6412</guid> <description><![CDATA[<p>The post <a href="https://www.delorean.law/top-10-tips-before-taking-your-dispute-to-litigation/">Top 10 tips before taking your dispute to litigation</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></description> <content:encoded><![CDATA[<div class="wpb-content-wrapper"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"> <div class="wpb_text_column wpb_content_element" > <div class="wpb_wrapper"> <p>Dealing with litigation is an unpleasant but sometimes inevitable aspect of running a business. It can be a resource-intensive process that not only involves financial costs, but can also have personal and emotional consequences for those involved.For entrepreneurs and small business owners facing the possibility of starting a dispute, it is therefore important to enter the process well prepared.</p><p>In this post, we’ll walk you through ten key tips that can help you navigate this complex situation, minimize strain and maximize your prospects for a successful outcome.</p><p> </p><h2 id="h-avoid-costs" class="wp-block-heading"><strong>Avoid Costs</strong></h2><p> </p><ol class="wp-block-list"><li style="list-style-type: none;"><ol><li><strong>Prevention:</strong> The first step is to try to prevent potential litigation. This means having clear and detailed contracts, documenting communication and business transactions and establishing good relationships with customers, suppliers and partners.</li><li><strong>Explore alternative dispute resolution methods:</strong> If litigation seems unavoidable, explore the possibilities for mediation or arbitration before taking the matter to court. These methods can be less time and cost consuming.</li></ol></li></ol><p> </p><h2 id="h-agree" class="wp-block-heading"><strong>Agree</strong></h2><p> </p><ol class="wp-block-list"><li style="list-style-type: none;"><ol><li><strong>Dialogue:</strong> Before proceeding with litigation, try to resolve the problem through dialogue. Sometimes an open discussion where both parties listen can lead to a solution without legal action.</li><li><strong>Negotiations:</strong> If you can, conduct negotiations to come to an agreement. Being willing to compromise can save both sides time and money.</li></ol></li></ol><p> </p><h2 id="h-impact-assessment-of-litigation" class="wp-block-heading"><strong>Impact assessment</strong> of litigation</h2><p> </p><ol class="wp-block-list"><li style="list-style-type: none;"><ol><li><strong>Assess the impact:</strong> Analyse the potential for loss and what litigation will mean for your business. It is important to weigh the costs of a dispute against the potential gain.</li></ol></li></ol><p> </p><h2 id="h-legal-analysis" class="wp-block-heading"><strong>Legal Analysis</strong></h2><p> </p><ol class="wp-block-list"><li style="list-style-type: none;"><ol><li><strong>Understand your rights:</strong> A full legal analysis is critical to understanding the strength of your case. This includes being familiar with relevant laws, previous court cases and standards of proof.</li></ol></li></ol><p> </p><h2 id="h-stress-in-litigation" class="wp-block-heading"><strong>Stress</strong> in litigation</h2><p> </p><ol class="wp-block-list"><li style="list-style-type: none;"><ol><li><strong>Prepared for stress:</strong> Be mentally ready for the stress of legal process. Try to maintain a balance between work and personal life to manage stress in a healthy way.</li></ol></li></ol><p> </p><h2 id="h-hire-legal-counsel" class="wp-block-heading"><strong>Hire legal counsel</strong></h2><p> </p><ol class="wp-block-list"><li style="list-style-type: none;"><ol><li><strong>Correct representation:</strong> Hiring a qualified lawyer who understands your industry and has experience in similar disputes is of great importance. The right representative can help navigate you through the legal process and increase the chances of a positive outcome.</li><li><strong>Cost analysis for agents:</strong> You should also analyse the costs of hiring legal counsel and other experts that may be needed.Weight the possible profit from the dispute against its total costs, including attorneys’ fees.</li><li><strong>Long-term perspective:</strong> Finally, consider the long-term effects of litigation. Sometimes a short-term loss may be preferable to a lengthy and expensive process.</li></ol></li></ol><p>Managing a dispute can be one of the most challenging aspects of running a business. By taking these tips on board and carefully considering every aspect of the process, you can make informed decisions that reduce risk and maximize your chances of success. Regardless of the outcome, each experience is a learning process that can contribute to your development as an entrepreneur and business leader.</p> </div> </div></div></div></div></div><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12 vc_col-has-fill"><div class="vc_column-inner vc_custom_1709367642828"><div class="wpb_wrapper"><div class="os-container"> <div class="os-cta-form-w" style="background-image: url();"> <div class="cta-form"> <div class="cta-form-header-w"><div class="cta-form-description">Call us at + 46 (0) 8 410 194 00 or fill out the form below to get in contact with us to see if we would be a good match for you and your business.</div></div> <div class="cta-form-content">[contact-form-7]</div> </div> </div> </div></div></div></div></div></div><p>The post <a href="https://www.delorean.law/top-10-tips-before-taking-your-dispute-to-litigation/">Top 10 tips before taking your dispute to litigation</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></content:encoded> </item> <item> <title>Why hire an attorney that is an expert on contract law?</title> <link>https://www.delorean.law/why-hire-an-attorney-that-is-an-expert-on-contract-law/</link> <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator> <pubDate>Fri, 01 Mar 2024 12:39:53 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.delorean.law/?p=6406</guid> <description><![CDATA[<p>Running a business means dealing with a myriad of contracts and legal documents. These agreements are the backbone of your company’s transactions and relationships. This can range from buying and selling to employment contracts and partnership agreements. Navigating the intricate jungle of contract law can be a challenge, and the consequences of mismanaged contracts can be devastating...</p><div class=" […]"><a href="https://www.delorean.law/why-hire-an-attorney-that-is-an-expert-on-contract-law/">Read More</a></div><p>The post <a href="https://www.delorean.law/why-hire-an-attorney-that-is-an-expert-on-contract-law/">Why hire an attorney that is an expert on contract law?</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></description> <content:encoded><![CDATA[<p>Running a business means dealing with a myriad of contracts and legal documents. These agreements are the backbone of your company’s transactions and relationships. This can range from buying and selling to employment contracts and partnership agreements.</p> <p>Navigating the intricate jungle of contract law can be a challenge, and the consequences of mismanaged contracts can be devastating for your business. Here we explain why hiring a lawyer who specializes in contract law is an excellent idea.</p> <h2 class="wp-block-heading" id="h-better-use-of-time"><a></a><strong>Better use of time</strong></h2> <p>Time is one of the most valuable resources for small and medium-sized business owners. Trying to become an expert in contract law yourself is a time-consuming task that takes you away from your company’s core business. By hiring a lawyer who knows contract law, you can refocus your time where it is most needed – on growing your business.</p> <h2 class="wp-block-heading" id="h-better-ideas"><a></a><strong>Better Ideas</strong></h2> <p>A lawyer not only provides legal expertise; they can also offer creative solutions to complex problems. When it comes to contract negotiations, a lawyer can help you think outside the box and come up with contractual terms that add value to your company and support your business goals.</p> <h2 class="wp-block-heading" id="h-higher-efficiency"><a></a><strong>Higher efficiency</strong></h2> <p>For a business lawyer, contract law is an everyday activity. They have the experience and tools to quickly identify and manage potential risks in contracts. Their knowledge ensures that contracts are not only legally correct, but also optimized for efficiency and implementation. This minimizes the time spent on contract review and gives you a faster turnaround time for your business transactions.</p> <h2 class="wp-block-heading" id="h-more-fun"><a></a><strong>More fun</strong></h2> <p>Yes, you read that right. Having a competent lawyer by your side can actually make business law fun! Freeing yourself from the heavy legal burden and seeing how a professional navigates contractual complexities can give you new perspectives on how to run and grow your business. Instead of worrying about contract writing, you can focus on the exciting part of building relationships and strategies.</p> <h2 class="wp-block-heading" id="h-summary"><a></a><strong>Summary</strong></h2> <p>Ultimately, the choice to hire a lawyer for contractual matters is a choice for the future growth and stability of your business. This is an investment in security, quality and innovation. Use the expertise of a lawyer to protect your business and give you peace of mind – allowing you to do what you do best: run and grow your business.</p><p>The post <a href="https://www.delorean.law/why-hire-an-attorney-that-is-an-expert-on-contract-law/">Why hire an attorney that is an expert on contract law?</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></content:encoded> </item> <item> <title>Why you should hire a legal counsel for litigation</title> <link>https://www.delorean.law/why-you-should-hire-a-legal-counsel-for-litigation/</link> <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator> <pubDate>Fri, 01 Mar 2024 12:14:00 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.delorean.law/?p=6400</guid> <description><![CDATA[<p>When faced with litigation, it can be tempting to navigate the legal system on your own, especially as a small business owner or individual to save costs. But this strategy can quickly prove costly, both in terms of time and money, and also in the end result of the dispute. Here are the reasons why it is...</p><div class=" […]"><a href="https://www.delorean.law/why-you-should-hire-a-legal-counsel-for-litigation/">Read More</a></div><p>The post <a href="https://www.delorean.law/why-you-should-hire-a-legal-counsel-for-litigation/">Why you should hire a legal counsel for litigation</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></description> <content:encoded><![CDATA[<p>When faced with litigation, it can be tempting to navigate the legal system on your own, especially as a small business owner or individual to save costs. But this strategy can quickly prove costly, both in terms of time and money, and also in the end result of the dispute. Here are the reasons why it is wise to hire a legal representative when you are drawn into legal trouble.</p> <h2 class="wp-block-heading" id="h-expertise-and-experience"><a></a>Expertise and Experience</h2> <p>Legal advisors often have many years of training and experience behind them and an in-depth understanding of law and jurisprudence. They can navigate complex legal documents, interpret legal text, and apply it to your case in a way that maximally benefits your position. With the eyes of an expert, subtle nuances in legislation can be identified and used to your advantage.</p> <h2 class="wp-block-heading" id="h-risk-management"><a></a>Risk management</h2> <p>A competent legal adviser knows how to identify and manage potential risks in a legal dispute. They can provide valuable insights into the kinds of settlements or court decisions to expect, and help weigh the options. Preventing risks before they become problems can save you a lot in the long run.</p> <h2 class="wp-block-heading" id="h-time-saving"><a></a>Time saving</h2> <p>Dealing with a legal dispute requires a lot of time—time that could be spent running your business or taking care of personal affairs. Legal advisors can take over heavy processes and paperwork so you can get on with your daily life while they attend to your legal affairs.</p> <h2 class="wp-block-heading" id="h-negotiation-and-representation"><a></a>Negotiation and Representation</h2> <p>Whether it’s reaching a settlement out of court or acting in court, legal advisers can effectively negotiate on your behalf.They have the knowledge to argue your case and ensure that your rights and interests are defended in the best way.</p> <h2 class="wp-block-heading" id="h-complex-legal-rules"><a></a>Complex legal rules</h2> <p>Legal rules can be intricate and arcane, especially for the unaccustomed. A legal representative is familiar with the procedural requirements and legal subtleties that can determine the outcome of a case.</p> <h2 class="wp-block-heading" id="h-cost-effectiveness"><a></a>Cost-effectiveness</h2> <p>While it may seem expensive to hire a legal adviser, it can in fact be more cost-effective in the long run. A legal adviser can prevent expensive mistakes that can occur if you try to handle the matter yourself. It can also mean a better financial settlement for you.</p> <h2 class="wp-block-heading" id="h-summary"><a></a>Summary</h2> <p>Hiring a legal advisor not only gives you peace of mind but also a better margin of maneuver in your litigation. The legal advisor’s expertise, experience, and negotiating skills can be critical to the outcome of your case. As a small business owner or individual facing a legal dispute, you should seriously consider the benefits of professional legal assistance. It is an investment in both your case and your future well-being.</p> <p><em>Before making a decision, take the time to consult with a qualified legal advisor to discuss your specific needs and options.</em></p><p>The post <a href="https://www.delorean.law/why-you-should-hire-a-legal-counsel-for-litigation/">Why you should hire a legal counsel for litigation</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></content:encoded> </item> <item> <title>Former employee is deemed to have already received reasonable compensation for invention</title> <link>https://www.delorean.law/former-employee-is-deemed-to-have-already-received-reasonable-compensation-for-invention/</link> <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator> <pubDate>Fri, 16 Feb 2024 13:14:50 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.delorean.law/?p=6126</guid> <description><![CDATA[<p>The inventor of a product believes that he has not been compensated in reasonable compensation by the company selling the product. However, the company argues that the inventor has already been compensated to a reasonable extent and that the product has not generated any significant revenue. The Patent and Market Court finds that the inventor has...</p><div class=" […]"><a href="https://www.delorean.law/former-employee-is-deemed-to-have-already-received-reasonable-compensation-for-invention/">Read More</a></div><p>The post <a href="https://www.delorean.law/former-employee-is-deemed-to-have-already-received-reasonable-compensation-for-invention/">Former employee is deemed to have already received reasonable compensation for invention</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></description> <content:encoded><![CDATA[<p><strong>The inventor of a product believes that he has not been compensated in reasonable compensation by the company selling the product.</strong><strong> </strong><strong>However, the company argues that the inventor has already been compensated to a reasonable extent and that the product has not generated any significant revenue.</strong></p> <p><strong>The Patent and Market Court finds that the inventor has failed to show that the invention had more than a limited value to the company, which is why a normal salary, bonuses and benefits constituted reasonable compensation for his work.</strong><strong></strong></p> <p>The company C-Rad Positioning owns a patented invention called Sentinel that is used to position cancer patients correctly in radiation therapy. The inventor of Sentinel claims it is C-rad Positioning’s most prominent product, which has contributed an estimated revenue of more than SEK 400 million to the company. However, he is of the opinion that the company did not give him reasonable compensation for the invention, which is why he is bringing an action in the Patent and Market Court (PMC) with a claim for approximately SEK 20 million. C-Rad Positioning, on the other hand, claims that the invention had hardly any impact on their turnover. Furthermore, the company argues that the inventor has already received reasonable compensation for his work in the form of a competitive salary, bonuses and benefits.</p> <p>The PMC states at the outset that an employer, according to Section 3 of the Act on the Right to Employees’ Inventions (LAU), has the right to take over an invention created by an employee. If the company takes over the invention, the inventor is also entitled to reasonable compensation in accordance with Section 6 of the LAU. When determining what constitutes reasonable compensation, the value of the invention must be taken into account. Furthermore, compensation shall only be paid to the extent that the value of the acquired invention exceeds what can reasonably be expected with regard to the employee’s salary and other benefits in the service.</p> <p>The Court notes that a complicating factor is that Sentinel is used as one of several functions of a product called Catalyst, which is also provided by C-Rad Positioning.</p> <p>Furthermore, it is the use of Catalyst as a whole that has generated significant revenue for the company. The inventor believes that Sentinel is the main reason why Catalyst has given the company such a large income and is also always included in the sale of Catalyst. Instead, it argues that Sentinel is merely an option that is not always used. Thus, the court does not see it as self-evident how much revenue Sentinel has generated, which in turn complicates the assessment of what is to be regarded as reasonable compensation to the inventor according to LAU.</p> <p>According to the PMC, the evidence presented in the case shows that there is a great demand for Catalyst. It is also seen as shown that the company emphasizes Sentinel in its marketing and that the invention is fairly often included when Catalyst is sold to customers. However, in view of the investigation presented, the court does not consider itself able to determine exactly how much of the company’s revenue can be attributed to Sentinel. The court’s overall assessment is therefore that the inventor has not succeeded in showing that Sentinel had more than a relatively limited value for C-Rad Positioning. It is further stated that the inventor’s salary was normal for his position and that he enjoyed both bonuses and other benefits.PMC therefore finds that the inventor has been compensated to a reasonable extent for his work with the development of Sentinel. He is therefore not entitled to any further compensation, which is why C-Rad Positioning wins the case.</p><p>The post <a href="https://www.delorean.law/former-employee-is-deemed-to-have-already-received-reasonable-compensation-for-invention/">Former employee is deemed to have already received reasonable compensation for invention</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></content:encoded> </item> <item> <title>Tobacco company is banned from sponsoring music festivals</title> <link>https://www.delorean.law/tobacco-company-is-banned-from-sponsoring-music-festivals/</link> <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator> <pubDate>Fri, 16 Feb 2024 13:14:49 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.delorean.law/?p=6130</guid> <description><![CDATA[<p>The Patent and Market Court finds that an agreement, the purpose of which was to promote a company’s sale of tobacco products at festivals, constitutes sponsorship. As the sponsorship of tobacco products is prohibited, the court issues a ban accompanied by a fine for the company to continue with the action. The company JTI Sweden manufactures...</p><div class=" […]"><a href="https://www.delorean.law/tobacco-company-is-banned-from-sponsoring-music-festivals/">Read More</a></div><p>The post <a href="https://www.delorean.law/tobacco-company-is-banned-from-sponsoring-music-festivals/">Tobacco company is banned from sponsoring music festivals</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></description> <content:encoded><![CDATA[<p><strong>The Patent and Market Court finds that an agreement, the purpose of which was to promote a company’s sale of tobacco products at festivals, constitutes sponsorship.</strong><strong> </strong><strong>As the sponsorship of tobacco products is prohibited, the court issues a ban accompanied by a fine for the company to continue with the action.</strong></p> <p>The company JTI Sweden manufactures and sells tobacco products to various retailers. In June 2018, JTI enters into a cooperation agreement with the company Luger, which organizes music festivals in Sweden, whereby JTI is given an exclusive right to market its products at Luger’s events. The consumer ombudsman believes that the agreement contravenes the sponsorship ban in ch. 4. Section 8 of the Act on Tobacco and Similar Products (Tobacco Act) and is therefore not permitted. The ombudsman is therefore suing JTI at the Patent and Market Court (PMD) demanding that JTI, at the risk of a fine, be prohibited from sponsoring the festivals. JTI, for its part, believes that it is not a matter of sponsorship, as Luger is obliged to undertake certain counter-performances according to the agreement.</p> <p>The court thus has to decide whether the collaboration between JTI and Luger is to be seen as sponsorship according to ch. 4. Section 8 of the Tobacco Act or not. The provision stipulates that manufacturers and wholesalers of tobacco products may not sponsor events to which the public has access. However, there is no definition of what is to be considered sponsorship in the law. According to the PMD, however, the Tobacco Act must be interpreted in accordance with the EU-issued Tobacco Advertising Directive, which stipulates that any form of public or private contribution is covered. The court thus states that the term should be given a broad meaning. It is also noted that a contribution does not have to be made without a demand for compensation in order to be seen as sponsorship according to the directive; JTI’s objection that the agreement does not constitute sponsorship as Luger is obliged to take counter-performances is therefore irrelevant.Although the Tobacco Advertising Directive advocates a broad interpretation of the concept of sponsorship, the Court does not consider that every form of financial gain that an organizer of an event receives through the marketing of tobacco products should be covered. Instead, PMD believes that an assessment must be made from situation to situation. </p> <p>According to the court, it is clear in the case that JTI paid marketing contributions to Luger on four occasions during 2019.The agreement stipulates that such contributions shall only be paid if Luger fulfills all commitments agreed upon by the parties. Agreed commitments include Luger only selling JTI’s products at their festivals and giving them good exposure at points of sale and in vending machines. Furthermore, the agreement gives Luger a right to the profit from the sale of JTI’s products at the festivals. PMD submits that the right to profit from sales may be an arrangement whereby Luger acts as a retailer of JTI’s products and therefore does not qualify as sponsorship. However, the marketing contribution may constitute sponsorship according to the court.</p> <p>Despite several marketing grants being paid, JTI claims Luger has not fulfilled all of its obligations under the agreement. It is therefore believed that several of the measures that could be considered sponsorship were never carried out. The court states that there is insufficient evidence to determine for sure whether this is the case, but notes that according to the preparatory work for the Tobacco Act, it is sufficient that <em>the purpose</em> of a measure has been to promote the sale of a tobacco product. In the case, the court considers that the marketing contribution was in any case an incentive for Luger to only sell JTI’s tobacco products at the festivals and to ensure that the products are displayed. The court’s assessment is therefore that the agreement was meant to promote the sale of JTI’s tobacco products by contributing to visitors’ exposure to these in a way that would not otherwise have happened. Overall, PMD therefore considers that the agreement between the parties constitutes sponsorship, which is why it contravenes the sponsorship ban.</p> <p>The court states that contributions that contravene the sponsorship ban are to be seen as improper marketing according to Section 6 of the Marketing Act. It therefore issues a prohibition accompanied by a fine for JTI to continue with the marketing measures under the agreement with Luger. Furthermore, the court states that the public interest in market law prohibitions being followed is significant and that the purpose of the prohibition in the case is public health protection. </p><p>The post <a href="https://www.delorean.law/tobacco-company-is-banned-from-sponsoring-music-festivals/">Tobacco company is banned from sponsoring music festivals</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>]]></content:encoded> </item> </channel></rss> <!-- plugin=object-cache-pro client=phpredis metric#hits=2235 metric#misses=15 metric#hit-ratio=99.3 metric#bytes=2282838 metric#prefetches=125 metric#store-reads=42 metric#store-writes=5 metric#store-hits=147 metric#store-misses=12 metric#sql-queries=8 metric#ms-total=1546.60 metric#ms-cache=17.56 metric#ms-cache-avg=0.3818 metric#ms-cache-ratio=1.1 sample#redis-hits=15831636 sample#redis-misses=722647 sample#redis-hit-ratio=95.6 sample#redis-ops-per-sec=39 sample#redis-evicted-keys=0 sample#redis-used-memory=24256392 sample#redis-used-memory-rss=38387712 sample#redis-memory-fragmentation-ratio=1.6 sample#redis-connected-clients=2 sample#redis-tracking-clients=0 sample#redis-rejected-connections=0 sample#redis-keys=11503 --> If you would like to create a banner that links to this page (i.e. this validation result), do the following:
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