Corporate
In February's judgment (Case No. 27 Cdo 1236/2024), we delve into the abuse of a right concerning the termination of a non-compete clause. The case specifically examined the relationship between a board member and a joint-stock company, governed by an agreement on the performance of office. Under th
H&P corporate case-law judgment: Liability of a company’s executive body (October 2024)
Our October issue continues with another judgment (C 613/23 CJEU) examining the liability of members of a company’s executive body for its unpaid debts. Last month, we discussed the Supreme Court’s approach to the choice of forum when a foreign executive body member is sued.
H&P corporate case-law judgment: Liability of foreign elected body members for company debts (September 2024)
As a judgment of the month of September (Case No. 27 Cdo 3032/2023) we present a landmark decision that sheds light on the international jurisdiction of courts in disputes involving the liability of an elected body member for a company’s debts. These disputes often arise when a member—frequently a f
ESOP Myths | Myth #7: ESOPs are not safe
In this post of our series on ESOP myths, we discuss the concerns about the safety of ESOPs for companies and their shareholders. It comes as no surprise that this, too, is merely a myth. ESOPs can encompass enforceable rules and additional mechanisms to ensure their proper functioning and enforceab
H&P corporate case-law judgment: Effects of a unilateral juridical act delivered by email (August 2024)
The August issue of our series examines a recent decision (Case No. 27 Cdo 3499/2023) that addresses the effect of serving legal documents. The Supreme Court’s decision clarified the effectiveness of unilateral juridical acts delivered by e-mail, based on a notice of a failure to elect the chairman
ESOP Myths | Myth #6: An ESOP is too expensive
The sixth issue of ESOP Myths will address and dispel the misconception that ESOPs are extremely expensive. The belief is merely a myth. Some ESOP structures can be costly and complex to establish and implement, but certain solutions exist that have relatively low time and financial requirements. It
H&P corporate case-law judgment: Division of a share by consent judgment (dissolution of co-ownership) (July 2024)
This time we shall take a closer look at an interesting decision on a purely corporate matter, the handling of a company share. The judgment, case no. 27 Cdo 2853/2023, was issued by the Czech Supreme Court at the beginning of July.
ESOP Myths | Myth #5: ESOPs do not protect founders and the company from executive departures
Continuing our series of myths about ESOPs, we look at the widespread concern that ESOPs will not protect company founders from sudden executive departures. From our experience, we know that this is in fact yet another myth. ESOPs are a good tool to ensure long-term cooperation and to keep managers
H&P corporate case-law judgment: Shareholder’s right to have their shares redeemed (June 2024)
For June, after a short pause, we are returning to the right of a shareholder to seek redemption of their share by the controlling person, addressed in judgment case no. 27 Cdo 1605/2023.
ESOP Myths | Myth #4: ESOP is not a tool to ensure a company’s long-term viability
This issue of ESOP Myths aims to dispel the myth that an ESOP cannot ensure a company’s long-term viability and success after the founder's departure. It’s quite the opposite. An ESOP is a key tool for ensuring a business can continue operating even after its original founder retires or shifts focus
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