What began as an exchange of accusations between two Instagram influencers ultimately reached Argentina’s highest court. On 29 September 2026, the Supreme Court unanimously overturned an interim injunction that had required one influencer to remove social media posts concerning another and prohibited any future references to that individual. The underlying question is one that concerns […]
Blog
Economic Criminal and Criminal Compliance
The reimbursement proceedings for accounting shortfall before the spanish court of auditors: the judicial phase
08
Oct
Oct
A Town Council receives a grant to build a municipal building. The works are certified as completed, although only part of them has been carried out, and no trace of the remaining funds can be found in the municipal accounts. The Administration that awarded the grant ends up demanding repayment of the difference. Years later, […]
Commercial and corporate conflicts
Omnilateral shareholders’ agreements and good faith: a signatory shareholder may not challenge corporate resolutions adopted to implement the agreement
06
Oct
Oct
Supreme Court Judgment No. 674/2026 of 5 May 2026 addresses whether a shareholder who has signed an omnilateral shareholders’ agreement may challenge corporate resolutions adopted specifically to implement that agreement. The shareholder argued that the resolutions had no basis in the articles of association and that shareholders’ agreements cannot be enforced against the company. The […]
30
Sep
Sep
The High Court of Justice of Asturias (Social Chamber) has upheld the finding of unfair dismissal in the case of an employee who, while on temporary incapacity leave due to lower back pain, attended on several occasions a vehicle dealership run by her partner and carried out certain minor tasks there. The Court considered that […]
28
Sep
Sep
Let us imagine a situation which, unfortunately, is quite common in Spain: several people share ownership of a family home, but cannot agree on what to do with it. Some want to sell it, others prefer to wait, and in the meantime the property remains in limbo. Judgment No. 67/2026 of 26 January by the […]
Economic Criminal and Criminal Compliance
Reimbursement proceedings for alcance (shortfall) before the Court of Auditors: preliminary proceedings
24
Sep
Sep
On 28th July 2010, the Court of Auditors declared the existence of an alcance of more than €1.4 million in the funds of Marbella Town Council and ordered its repayment, holding the first deputy mayor, the councillor for Finance and the councillor for Financial Control directly liable in accounting terms[1]. However, before reaching the adjudicatory […]
Commercial and corporate conflicts
Pledging of Shares and Exercise of Shareholder Rights: Scope of Statutory Autonomy
22
Sep
Sep
The General Directorate of Legal Security and Public Trust (the “DGSJFP”) has recently addressed the scope of statutory autonomy with respect to pledged shares. In its Resolution of April 28, 2026, the Directorate General confirms that articles of incorporation may modify the general rule under which the owner of pledged shares is entitled to exercise […]
17
Sep
Sep
On 15 September 2026, Royal Decree 723/2026 of 9 September was published, partially transposing Directive (EU) 2019/1152 on transparent and predictable working conditions. The new legislation, which replaces Royal Decree 1659/1998, significantly expands the information that employers must provide regarding the essential elements of the employment contract and the main working conditions. It will enter […]
15
Sep
Sep
When a company receives late payment for a commercial transaction, the loss is not limited to the time spent waiting. The cost of late payment may be higher than anticipated: late payment interest under Law 3/2004 of 29 December on measures to combat late payment in commercial transactions (“Law 3/2004”) not only compensates for the […]
Economic Criminal and Criminal Compliance
The Spanish Court of Auditors: proceedings that may affect you if you manage public funds
10
Sep
Sep
Let us imagine that a mayor authorizes payments to suppliers without documentary justification, that a civil servant diverts funds earmarked for a grant, or that a public-sector manager cannot explain a shortfall in the accounts of an autonomous agency. Before whom must they answer? Attention is usually directed to the Criminal Code. However, in the […]