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Europe
United Kingdom
Arbitration & ADR
David Lewis QC successfully resists application for worldwide freezing order in support of enforcement of ICC Paris Arbitration Award
20 Essex Street | In Eastern European Engineering Limited v Vijay Construction (Proprietary) Ltd, the Commercial Court heard an application for a worldwide freezing…
Eastern European Engineering Limited v Vijay Construction (Proprietary) Ltd
20 Essex Street | In , the Commercial Court heard an application for a worldwide freezing order (“WFO”) in support of enforcement of an ICC Paris Arbitration Award…
P v Q: A case on extending the time limit to commence arbitration
Clyde & Co LLP | The parties in this case were parties to back-to-back voyage charters, and the arbitration clause in the charters provided that any claim "must be…
Aviation
Air carrier operations in the United Kingdom
HFW | A structured guide to aviation consumer protection and liability in the United Kingdom
High Court decision underlines high threshold to find a contract void for common mistake
Herbert Smith Freehills LLP | In a recent decision, the High Court found that two five-year aircraft lease agreements were not void on the grounds of common mistake, where it was…
Banking
When “no” is not an option: exercising contractual consents
Quadrant Chambers | Crowther & Crowther v Arbuthnot Latham & Co Limited [a2018] EWHC 504 (Comm) is the latest case to consider a "consent not to be unreasonably…
UK ready for the MMF Regulation
DLA Piper | The Money Market Funds Regulations 2018 were made on Monday in relation to the Money Market Funds Regulation, which applies from 21st July 2018…
Open Banking - Next Steps?
Brodies LLP | Five months on from the initial roll out of Open Banking in January, what impact has it had on the financial services market, and what are the next…
Banking & Finance Disputes Update - June 2018
DAC Beachcroft | DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the banking, financial, city business and general regulatory…
Upper Tribunal dismiss challenge to prohibition in case of Arif Hussein
Mishcon de Reya LLP | Arif Hussein was a derivatives trader at UBS. In a Decision Notice dated 22 January 2016 the FCA's Regulatory Decisions Committee (RDC) determined…
Zombie LIBOR?
DLA Piper | Risk.net reported on Monday that two LIBOR-submitting banks - speaking on condition of anonymity - had indicated that they, and some of the other…
JSC BTA Bank v Ablyazov & Anor: Court orders respondent to worldwide freezing order to disclose how his legal expenses are being funded
Clyde & Co LLP | The claimant bank obtained a worldwide freezing order ("WFO") against the first defendant (Mr Ablyazov) and the second defendant, in order to restrain…
Auditor does not assume responsibility for the financial consequences of its client’s business activities
Brick Court Chambers | In Manchester Building Society v Grant Thornton UK LLP, Teare J considered the application of the principles of causation, scope…
Capital Markets
Update on reducing barriers to the cross-border distribution of investment funds
Bryan Cave Leighton Paisner (BLP) | In March, the European Commission proposed new rules that would make marketing AIFs across the EEA easier. Although well meaning, as drafted they…
IPOs of sovereign-controlled companies in the UK - new listing concession
Reed Smith LLP | In summary, the new rules (as amended following the issue of the original consultation paper) will mean the following for a company with a controlling…
PRA Publishes Policy and Supervisory Statements on Algorithmic Trading
Katten Muchin Rosenman LLP | On June 15, the UK Prudential Regulation Authority (PRA) published a policy statement and a supervisory statement on algorithmic trading. While the…
Publication of Retail Distribution Review Status Update 2018
Clyde & Co LLP | On 14 June 2018, the Financial Sector Conduct Authority published its Retail Distribution Review Status Update ("RDR Status Update"). A copy of the…
Money Market Funds Regulations 2018 published
DLA Piper | On 11 June 2018, HM Treasury published the Money Market Funds Regulations 2018 (the “UK Regulations“), which will come into force on 21 July 2018. The…
ESMA's mounting concerns over CFDs
Reed Smith LLP | For several years the European Securities and Markets Authority (ESMA) has been frowning at the burgeoning market which provides Contracts for…
FCA Publishes List of Overseas Cooperation Agreements for Outsourcing Portfolio Management
Katten Muchin Rosenman LLP | On June 14, the UK Financial Conduct Authority (FCA) published a list of cooperation agreements it has in place in relation to the outsourcing of…
Company & Commercial
CEO Pay Ratio and Beyond - Corporate Governance Reform Measures Affecting Listed PLCs
Baker McKenzie | On 11 June, the Government released a draft statutory instrument (The Companies (Miscellaneous Reporting) Regulations 2018 (the "Regulations")) and…
2018 Ethics & Compliance Policy & Procedure Management Benchmark Report
NAVEX Global | Policy management consists of the practices associated with managing your organization's policies or procedures throughout all the policy life cycle…
Industry responds to SME access to the FOS
TLT LLP | The FCA last week published a suite of responses it has received to a consultation paper (CP18/3) released in January this year setting out the FCA's…
Is a shareholder agreement important for my new startup?
Kingsley Napley | You have successfully incorporated your new startup company and are all set to grow your business. What is one of the first things you should do…
Government addresses corporate governance concerns in private companies with new corporate reporting regulations
Taylor Wessing | Last week the Government published the draft Corporate (Miscellaneous Reporting) Regulations 2018 which cover corporate governance, stakeholders'…
Pre-Dispute Checklist for Corporate Counsel in Japan
King & Wood Mallesons | When your contract has been breached, how long do you have before you must commence legal proceedings (or lose your right to do so)? Some contracts…
UK Supreme Court Upholds "No Oral Modification Clauses," Affirms Written Contract Variations Requirement
Jones Day | The recent decision of the UK Supreme Court in Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 highlights the need for…
Have no reliance on non-reliance? Clauses excluding misrepresentation must be reasonable.
Allen & Overy LLP | When commercial parties contract, they usually want to restrict their potential liabilities to the four corners of the document. The law sometimes has…
Liberty Mutual Insurance Europe Plc, Re: Court allows a merger between an English company and the Luxembourg company which it created, to create an SE
Clyde & Co LLP | An English company underwriting (re)insurance from its office in London and its branches across Europe wished to prepare for Brexit by becoming a…
Heat networks in the spotlight - CMA Update
Bryan Cave Leighton Paisner (BLP) | The CMA has provided an update on its market study into UK heat networks. We examine their current thinking, what this may mean for the industry and…
Competition & Antitrust
CMA publishes competition advice for joint ventures
Reed Smith LLP | The Competition and Markets Authority (CMA) has published a short checklist of dos and don’ts for businesses to consider when setting up and managing…
Construction
Know your position: An overview of the role of the certifier
Fenwick Elliott Solicitors | Certifiers hold a key role in construction contracts. Certificates, statements and decisions issued by certifiers - whose titles include Contract…
Copyrights
Play your cards right: short handwritten note was adequate assignment of copyright in greetings cards from designer to claimant
Bird & Bird | Mei Fields Designs Ltd ("MFD") is a designer of over 2300 greeting cards, many of which include a swatch of fabric decorated with beads, sequins…
Corporate Finance/M&A
Raising investment for start ups Video
Kingsley Napley | In this video, Roberta Draper, associate in the corporate and commercial team, provides some top tips to guide founders of startups through the…
Designs and trade secrets
UK Introduces Trade Secrets Regulations
Squire Patton Boggs | As the UK already has a strong and well-established legal framework for protecting trade secrets, these new regulations are unlikely to have much…
Employee Benefits & Pensions
PPF issues guidance on company voluntary arrangements
Osborne Clarke | The Pension Protection Fund (PPF) has published guidance on company voluntary arrangements (CVAs), setting out the issues that it expects to be…
Occupational Pension Schemes: amendments and overpayments
Shoosmiths LLP | The High Court has recently ruled that there is no statutory limitation period in which to recover pension overpayment so long as recovery is by…
The brave new world of master trusts and pension scheme consolidation
Womble Bond Dickinson (UK) LLP | A new regulatory framework relating to master trusts, intended to strengthen the governance requirements and improve the protection of members'…
GDPR: A pension trustee's ongoing obligations
TLT LLP | After months of preparing for GDPR, unfortunately the work does not stop now that the regulation has been implemented. Elements of the GDPR will…
Employment & Labor
Government publishes two year action plan to support carers
Taylor Wessing | On 5 June the Department for Health and Social Care published The Carers Action Plan 2018- 20 - Supporting Carers today which includes addressing the…
Lecturer working on zero-hours contract employment was on same type of contract as a lecturer on a full-time contract
Taylor Wessing | Previous case guidance clarifies that whether a comparator is working under the same type of contract is determined by Regulation 2(3) of the Part…
Compensation payments and employment income: drawing the line
Burges Salmon LLP | Mr Pettigrew sued his employer, the Ministry of Justice, for discrimination against part time employees. Mr Pettigrew and the Ministry of Justice…
Changes in the way of paying employees’ remuneration
DLA Piper | As of 1 January 2019, employers will be required to pay remuneration into the bank accounts indicated by their employees, unless an employee submits a…
Pimlico Plumbers and worker status: what happens next?
Brodies LLP | Last year we blogged about the Pimlico Plumbers case on employment status. The Supreme Court decision is now out: a plumber engaged as an ‘independent…
Tobacco, alcohol and drug abuse toolkit launched to help employers
Taylor Wessing | Public Health England, together with Business in the Community, has published a toolkit for employers tackling substance abuse in the workforce. This…
Treasury Committee's report on reform of bonus negotiations and promotion of flexible working in financial sector
Taylor Wessing | Treasury Committee has published a unanimously-agreed report calling for the reform of bonus negotiations and promotion of flexible working to abolish…
Allegations of sexual misconduct in the workplace Video
Kingsley Napley | In this video, Sandra Paul, a partner in Kingsley Napley's criminal litigation team, explains the complexities and challenges of dealing with…
World Cup Fever in the Workplace: Leveraging the Event to Boost Employee Morale
Ogletree Deakins | The 2018 World Cup is now in full swing, and the frenzy that surrounds this event can create low productivity for businesses, with staff focused on…
Can the menopause constitute a disability?
Dentons | A recent Employment Tribunal’s ruling suggests that the physical and psychological effects of the menopause could constitute a disability for the…
Employment status of Uber drivers
Taylor Vinters LLP | In contrast to a recent UK decision, Uber drivers have been classified as independent contractors by Australia's Fair Work Commission. A 2016…
A series of acts may be gross misconduct and a breach of trust and confidence
Taylor Wessing | In this case, the judge held that an employer is entitled to dismiss an employee for gross misconduct after a series of acts which, when taken…
Energy & Natural Resources
Repowering and EIA
Brodies LLP | Consultation SNH’s draft guidance on Assessing the impact of repowered wind farms on nature was published this month following its launch at the…
New OGA Regulations on the Disclosure of Protected Material
CMS | The Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018 (the “Regulations”) were…
Environment & Climate Change
The European Commission Proposes Restrictions on Single Use Plastics
Jones Day | On May 28, 2018, the European Commission ("Commission") published its Proposal for a Directive on the reduction of the impact of certain plastic…
Healthcare & Life Sciences
SPCs and Brexit: SPC applications pending in the UK at the end of the “transition period” will still be granted
Allen & Overy LLP | EU and UK Brexit negotiators have agreed that applications for Supplementary Protection Certificates (SPCs) for plant products and medicinal products…
Deaths Scrutiny: Change Edges Closer
DAC Beachcroft | It's been a long time coming, but the government has just published its response to the consultation it ran two years ago on significant changes to…
Corby campaigner gets permission to bring legal challenge against downgrading of local walk-in centre
Leigh Day | Lyn Buckingham, who has lived for many years in Corby, is taking her local Clinical Commissioning Group (CCG) to the High Court over its decision to…
Prezzi eccessivi ed iniqui nel settore farmaceutico. Il CAT britannico annulla la decisione della CMA nel caso Pfizer e Flynn
De Berti Jacchia Franchini Forlani Studio Legale | In data 7 giugno 2018 il Competition Appeal Tribunal (CAT) del Regno Unito si è pronunciato nella causa Pfizer Inc. and Pfizer Limited, annullando la…
Claim settled for elderly patient with advanced dementia following negligent omission of anti-Parkinsonian medication
Penningtons Manches LLP | Dartford County Court has approved the settlement of a clinical negligence claim against Oxleas NHS Foundation Trust and Lewisham and Greenwich NHS…
Immigration
Busting immigration myths about moving to the UK Video
Kingsley Napley | In this video, Katie Newbury, senior associate in the immigration team, discusses the common immigration myths about moving to the UK and what you can…
EU workers: 'simple' process to stay in UK post-Brexit
Shoosmiths LLP | With 3.8 million EU citizens in the UK, according to ONS figures, employers have rightly been concerned about maintaining a stable workforce in the…
Pat Saini named Professional of the Year at UK-India Awards 2018
Penningtons Manches LLP | Pat Saini, partner and head of immigration at Penningtons Manches, was last night presented with the award for Professional of the Year at a…
Insolvency & Restructuring
Case update - anti-suit injunctions, and arbitrating insolvency-related claims
Milbank Tweed Hadley & McCloy LLP | On 6 June 2018, the Commercial Court handed down its judgment in Nori Holdings Ltd v Bank Otkritie Financial Corp [2018] EWHC 1343…
Insurance
Law Commissions Final Proposals on the Question of Insurable Interest
Bryan Cave Leighton Paisner (BLP) | The Law Commission have today published their amended draft bill on the question of "insurable interest". The latest draft is to be welcomed as it is…
Internet & Social Media
The Legal Perils Lurking in Your Mobile Phone
Keystone Law | Wonderful though mobile phones are, there are two ways in which they can land you in front of a judge. One is by using one in your hand while you are…
IT & Data Protection
Cyber security, separation and self-protection online
TLT LLP | Social media has many benefits, enabling us to keep in touch with old and new friends alike, sharing special moments with 'followers', organising…
Cloud software contracts - Top tips for suppliers Video
Kingsley Napley | In this video, Andrew Solomon, senior associate in the corporate and commercial team, discusses the importance of cloud software license terms…
Legal Practice
Regulatory Investigations and Litigation Privilege: Proceed with caution
Arthur Cox | A question we are asked regularly is whether litigation privilege applies to documents created for the purpose of a regulatory investigation or, in…
See Ideology as Cognitive and Not Just Political
Holland & Hart LLP | In all facets of persuasion, and human communication for that matter, we are now used to dealing with a pretty polarized world. Addressing or…
Lawyers' risk and regulatory briefing - Summer 2018
Clyde & Co LLP | Welcome to our 2018 Lawyers Risk and Regulatory Briefing, in which we consider emerging trends in the areas of claims, regulation and risk for…
Planning
Bath residents win legal battle against demolition of social housing
Leigh Day | In 2017 Bath and North Somerset Council granted the developer Curo outline permission to demolish and rebuild large parts of the Foxhill estate. These…
Pre-commencement conditions: when do you need written consent?
Burges Salmon LLP | Under new Regulations due to come in to force on 1st October, applicants will be required to provide their written consent to pre-commencement…
Product Regulation & Liability
High Court considers meaning of "defect" under the Consumer Protection Act 1987
Taylor Wessing | Under the Consumer Protection Act 1987 (CPA), a product is defective when in all the circumstances it fails to meet the standard of safety that the…
Professional Negligence
Show us the evidence! - Defendant's success at obtaining summary judgment in a clinical negligence case
DAC Beachcroft | In the recent case of Barry Frederick Hewes v West Hertfordshire Hospitals NHS Trust (D1), East of England Ambulance Service NHS Trust (D2) and Dr…
(Re)insurance Weekly Update 21- 2018
Clyde & Co LLP | It was alleged that the defendant firm of solicitors had negligently advised the original claimant in this action to abandon an incremental claim…
Public
Agreement Reached in principle on brexit transitional provisions for jurisdiction and enforcement of judgments
Herbert Smith Freehills LLP | On 19 June, the UK and EU negotiators published a joint statement outlining the progress…
The Inquiries into Fatal Accidents and Sudden Deaths Etc. (Scotland) Act 2016 - Reporting Requirement Scotland
Brodies LLP | Last week the Scottish Government reported on the Fatal Accident Inquiries (FAIs) concluded in the financial year 2017 - 2018. The requirement to…
Real Estate
Deeds of conditions and flexibility for developers
Brodies LLP | For those involved in the development of land, whether for residential or commercial use, deeds of conditions are a useful tool. This blog explains…
New report: Think Smart - The Future of Office Space
Bryan Cave Leighton Paisner (BLP) | In our new report, we combine our experience as the leading real estate sector firm with our clients’ first-hand views. ‘Think Smart - The Future of…
Tax
They think it's all over - but is it now?
Taylor Wessing | In football, it has been said there are only two kinds of manager: those who have been sacked, and those who will be sacked in the future. In UK…
EIS checklist - or why you may not qualify for EIS relief
Penningtons Manches LLP | EIS (Enterprise Investment Scheme) tax reliefs are very generous - investors can claim a repayment of income tax equal to 30% of their investment and…
Trade & Customs
US trade barriers: the developing impact and international response
Burges Salmon LLP | In March 2018, President Trump announced that the US would be introducing a 25% import tax on steel and a 10% import tax on aluminium to protect…
White Collar Crime
London Calling - The case of Skansen and UK Jurisdictional Reach for Corporate Bribery Ontario
Fasken | Southwark Crown Court is a designated centre for many of the UK's serious fraud and white-collar crime jury trials. It is a drab building in a…
Fraud and Asset Tracing - Third Party Disclosure Order Obtained from HMRC in the Commercial Court
Quadrant Chambers | What happens when an alleged fraudster pays tax on moneys which the claimant alleges are trust moneys belonging to the claimant? Can the claimant…
Canadian Briefing - June 2018
DAC Beachcroft | The Crown Prosecution Service ("CPS") has brought the first successful prosecution for the corporate offence of failing to prevent bribery under the…
Top Ten International Anti-Corruption Developments for May 2018
Morrison & Foerster LLP | In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international…
Austria
Employment & Labor
Equal treatment of blue and white collar workers?
Taylor Vinters LLP | Austrian employment law has historically treated “blue collar” (manual workers) and “white collar” (office workers) workers differently. Each category…
Belgium
Copyrights
Amendments to the Benelux convention on Intellectual Property
CMS Luxembourg | The Benelux Convention on Intellectual Property (BCIP) has been amended as of June 1st. The Benelux Office for Intellectual Property (BOIP) will have…
Bulgaria
Employment & Labor
New rules regarding redundancy compensation
Taylor Vinters LLP | As of 1 January 2018, the Bulgarian Social Insurance Code (‘SIC’) was amended to introduce a new regime for redundancy compensation in cases of mutual…
Denmark
Energy & Natural Resources
Changes to regulation of electricity and gas transmission
Bruun & Hjejle | The Danish transmission systems for electricity and natural gas are owned, operated and developed by Energinet, an independent public enterprise owned…
European Union
Arbitration & ADR
Anti-suit injunction refused for EU proceedings but granted for non-EU proceedings
Herbert Smith Freehills LLP | In a recent decision, the High Court refused to grant an anti-suit injunction to restrain Cypriot court proceedings brought in breach of an…
Banking
Serbian Financial Collateral Act - a disappointingly narrow legislation
BDK Advokati | The long-awaited financial collateral legislation in Serbia, the Financial Collateral Act, has been finally adopted and will become applicable on 1…
Capital Markets
ESMA Confirms No Extension to LEI Introduction Period
Katten Muchin Rosenman LLP | In a press release of June 20, the European Securities and Markets Authority (ESMA) confirmed that the temporary introduction period for the use of…
![[Repeat]](https://assets4.nickelled.com/published/d2dzik4ii1e1u6.cloudfront.net/1__www.lexology.com_images_email_repeat.jpg "Repeat: this article has already appeared in a section above.")
Update on reducing barriers to the cross-border distribution of investment funds
Bryan Cave Leighton Paisner (BLP) | In March, the European Commission proposed new rules that would make marketing AIFs across the EEA easier. Although well meaning, as drafted they…
Money Market Funds Regulations 2018 published
DLA Piper | On 11 June 2018, HM Treasury published the Money Market Funds Regulations 2018 (the “UK Regulations“), which will come into force on 21 July 2018. The…
Non-deliverable forwards trouble brewing
DLA Piper | The EU Benchmarks Regulation provides that as 1st January 2020 no EU28 supervised entity may use any benchmark index (which includes being a party to…
Company & Commercial
Liberty Mutual Insurance Europe Plc, Re: Court allows a merger between an English company and the Luxembourg company which it created, to create an SE
Clyde & Co LLP | An English company underwriting (re)insurance from its office in London and its branches across Europe wished to prepare for Brexit by becoming a…
Competition & Antitrust
Merger control notification in the European Union
Baker McKenzie | What form should merger control notification take in the European Union and what content is required?
Corporate Finance/M&A
Wurde dem Transfer Pricing in der EU gerade der Boden entzogen?
Hogan Lovells | In Europa wird seit vielen Jahren diskutiert, ob Verrechnungspreisregelungen eines Mitgliedstaats, die nur für grenzüberschreitende Fälle gelten, mit…
The EU Weekly Briefing - Volume 6, Issue 25 - Tuesday 19 June, 2018
Winston & Strawn LLP | CMA publishes draft guidance for consultation on the exceptions to the duty to refer mergers. On 11 June 2018, the Competition Markets Authority (CMA)…
Designs and trade secrets
UK Introduces Trade Secrets Regulations
Squire Patton Boggs | As the UK already has a strong and well-established legal framework for protecting trade secrets, these new regulations are unlikely to have much…
Employment & Labor
Jones Day Talks Anticorruption: German Companies — Are You Prepared for the EU Whistleblower Directive?
Jones Day | In Europe, corporate whistleblowers—those employees who report fraud activities, tax evasion, security breaches, and similar offenses—have new…
Trade Secrets Directive becomes directly effective: changes to the law in the UK, France and Germany?
Gowling WLG | On 9 June 2018, the deadline expires for EU Member States to implement the necessary legislation to give effect to the 'Trade Secrets Directive'. Our…
Deutsche Unternehmen: Sind Sie auf die EU-Whistleblower-Richtlinie vorbereitet?
Jones Day | In Europa wird es demnächst neue Regeln für Schutzmassnahmen für Whistleblower in Unternehmen geben, die Betrug, Steuerhinterziehung, Verletzungen von…
Energy & Natural Resources
EU Agrees On New Targets For Renewables
Bergeson & Campbell PC | On June 14, 2018, the European Union (EU) reached a deal on the Renewable Energy Directive (REDII),which sets new targets for renewables. REDII…
Environment & Climate Change
The European Commission Proposes Restrictions on Single Use Plastics
Jones Day | On May 28, 2018, the European Commission ("Commission") published its Proposal for a Directive on the reduction of the impact of certain plastic…
Healthcare & Life Sciences
SPCs and Brexit: SPC applications pending in the UK at the end of the “transition period” will still be granted
Allen & Overy LLP | EU and UK Brexit negotiators have agreed that applications for Supplementary Protection Certificates (SPCs) for plant products and medicinal products…
Immigration
EU workers: 'simple' process to stay in UK post-Brexit
Shoosmiths LLP | With 3.8 million EU citizens in the UK, according to ONS figures, employers have rightly been concerned about maintaining a stable workforce in the…
Intellectual Property
Honrarás a tu padre y a tu madre: vida familiar y propiedad intelectual
Cuatrecasas | Michael Srotzer, un ciudadano alemán, es el titular de la conexión a Internet de la casa donde vive, en la que reside junto con sus padres en un vida…
IT & Data Protection
GDPR has arrived: Issues Faced by Internet Giants
SS Rana & Co | Data protection and right to privacy are in the midst of the media firestorm since the Cambridge Analytica scandal. The saga is significant for…
ePrivacy Regulation: What to Expect (and When) or Why Does It Take Two (or Even Three) to Tango?
Mayer Brown | GDPR Day (i.e., May 25, 2018) has passed, bringing with it higher standards for data privacy, but there is more to be done: the European Union ("EU")…
Stir Friday - Security News Update for June 22, 2018
NUIX | In response to being branded “malicious”, Kaspersky Lab says it has halted all work with European institutions, including Europol, until it receives…
WP29 sulla deroga all’obbligo di tenuta di un registro delle attività di trattamento dati personali
ICT Legal Consulting | Il 19 Aprile 2018, il Gruppo di Lavoro Articolo 29 (d’ora in avanti, “WP29”) ha pubblicato un documento in cui prende posizione…
GDPR and cyber crisis response: what to expect
Control Risks | 25 May has come and gone, so what can those tasked to respond in the new world expect to see? Now that the General Data Protection Regulation (GDPR)…
General Data Protection Regulation
Gowling WLG | The GDPR brings in a set of uniform rules across the European Economic Area and will apply directly to controllers and processors of data. Its reach…
Potential conflict and harmony between GDPR and the CLOUD Act
Reed Smith LLP | The U.S. Clarifying Lawful Overseas Use of Data (CLOUD) Act has the potential to create conflicting obligations for companies that must comply with…
Antitrust Law and Data Processing: With Big Data Comes Big Responsibility
Paksoy | Through rapid digitalization and agile technology, the concept of “data” has become the new raw material of business, being regarded as an economic…
Government of Canada Responds to ETHI Committee Report on PIPEDA Review
Borden Ladner Gervais LLP | The Government of Canada has responded to the February 2018 report by the Standing Committee on Access to Information, Privacy and Ethics (“ETHI” or…
Cybersecurity, Privacy & Data Protection Attorney Spotlight - Issue 18 | June 2018
Jones Day | Europe's new General Data Protection Regulation ("GDPR") is driving an evolution in corporate privacy practices globally. As businesses address GDPR…
FinBrief - Global finance updates
DLA Piper | The March 2018 FMLC paper “Distributed Ledger Technology and Governing Law: Issues of Legal Uncertainty” describes itself as a “canter through…
Legal Practice
See Ideology as Cognitive and Not Just Political
Holland & Hart LLP | In all facets of persuasion, and human communication for that matter, we are now used to dealing with a pretty polarized world. Addressing or…
Lawyers' risk and regulatory briefing - Summer 2018
Clyde & Co LLP | Welcome to our 2018 Lawyers Risk and Regulatory Briefing, in which we consider emerging trends in the areas of claims, regulation and risk for…
Patents
Qualcomm, France Brevets and IP Europe join forces to create a new funding initiative for European SMEs
IAM | A new financing and advisory mechanism to help innovative European SMEs secure high-quality patents and build effective portfolios will be rolled out…
How unlikely partnerships may be the way forward for medtech innovators
Marks & Clerk | Ernst & Young’s recent report on the impact that data-driven platforms are having on traditional life-sciences companies shows that medtech - in…
Public
Stato di diritto e indipendenza dei giudici si riaffermano come valore fondante dell’Unione con la sentenza ASJP c. Tribunal de Contas
De Berti Jacchia Franchini Forlani Studio Legale | Lo Stato di diritto e l’indipendenza dei giudici, rimangono temi molto attuali nella realtà politica europea a causa di situazioni che coinvolgono sia…
Agreement Reached in principle on brexit transitional provisions for jurisdiction and enforcement of judgments
Herbert Smith Freehills LLP | On 19 June, the UK and EU negotiators published a joint statement outlining the progress…
Tax
Legislative Proposal for Changes to the Dutch Fiscal Unity Regime
Baker McKenzie | On 6 June 2018, the Dutch Ministry of Finance published a legislative proposal amending the Dutch fiscal unity regime. The proposal is in response to…
Trade & Customs
Irreconcilable Differences?: US Sanctions on Iran and the Proposed EU Blocking Regulation
Bryan Cave Leighton Paisner (Bryan Cave) | The recent decision by the US Government to pull out of the Joint Committee Plan of Action (JCPOA) and to re-impose sanctions against Iran poses a…
Tariff War: What to Expect and How to Prepare
Adams and Reese LLP | The trade confrontation between the U.S. and a number of its trading partners has resulted in new tariffs on goods worth hundreds of billions of…
CETA Opportunities for the Canadian Automotive Industry in Uncertain Times
Tereposky & DeRose LLP | On June 1st, the U.S. tariffs under section 232 of the Trade Expansion Act of 1962 were imposed on steel and aluminum products imported into the…
US trade barriers: the developing impact and international response
Burges Salmon LLP | In March 2018, President Trump announced that the US would be introducing a 25% import tax on steel and a 10% import tax on aluminium to protect…
June 22, 2018 - EU Retaliation Tariffs Begin - Apparel and Fashion Affected
Crowell & Moring LLP | Beginning on Friday, June 22, 2018, US exports to the European Union will face an extra duty at their border. These products include U.S. steel and…
EU General Court suspends State aid recovery
CMS | On 15 May 2018, the President of the General Court ordered the suspension of the operation of a Commission decision on State aid. The decision…
The Council has extended the sanctions against Russia in response to the illegal annexation of Crimea and Sevastopol
De Berti Jacchia Franchini Forlani Studio Legale | On 18 June 2018, the Council of the European Union extended by one year, until 23 June 2019, the restrictive measures in response to the illegal…
Aide d’État : une obligation de récuperation immédiate et effective suspendue par le Tribunal de l’Union européenne
CMS | En date du 15 mai 2018, le Président du Tribunal de l’Union européenne (TUE) a ordonné le sursis à exécution d’une décision de la Commission en…
Trademarks
Licensee of similar prior mark not infringer
Danubia Patent & Law Office LLC | Although unable to find a precedent in Hungarian case law, the Metropolitan Tribunal was still able to arrive at a convincing decision in a recent…
Green light for Louboutin's red soles
Marks & Clerk | After a lengthy trade mark dispute, French shoe designer Christian Louboutin has been given the green light for his famous red soles by the Court of…
Does the word ‘Glen’ on a whiskey product make EU consumers think it is Scotch? The CJEU requires that national courts determine whether there is sufficient Conceptual Proximity for a Protected Geographical Indication (PGI) to be infringed
Ladas & Parry LLP | On June 7th, 2018, the Court of Justice of the European Union issued a preliminary ruling attempting to clarify the EU rules that protect registered…
Markenschutz für rote Sohle von Louboutin-Schuhen: EuGH entscheidet entgegen den Schlussanträgen des Generalanwalts
SKW Schwarz Rechtsanwälte | Hintergrund der Entscheidung ist ein Streit zwischen dem Luxusschuh-Designer Louboutin und der Deichmann-Tochter Van Haren. Christian Louboutin, der…
A Study in Red - The Importance of Louboutin Shoes for European Trademark Law
Karanovic & Nikolic | On 12 June 2018, Christian Louboutin's won a key legal battle in the war over the trademark of his red soled shoes when the European Court of Justice…
Christian Louboutin red sole failed to qualify as a Trademark!
RNA Technology and IP Attorneys | While Christian Louboutin had a favourable decision from European Court of Justice (ECJ), in similar circumstances, the High Court of Delhi dismissed…
White Collar Crime
Fifth Money Laundering Directive Published in Official Journal of the EU
Katten Muchin Rosenman LLP | On June 19, the text for the Fifth Money Laundering Directive (MLD5) was published in the Official Journal of the European Union. MLD5 will enter into…
France
Arbitration & ADR
La rédaction d’une clause de médiation : éléments importants à considérer
Langlois Lawyers LLP | La médiation est désormais bien ancrée dans les pratiques juridiques. La portée de ce processus n’est plu...
Employment & Labor
Parent Company Liability in French Redundancy Cases
Ogletree Deakins | Although the Cour de cassation (France's Supreme Court) still limits the application of the concept of "co-employment" between parent companies and…
Quand l’actionnaire étranger doit dédommager les salariés de la filiale française
Taylor Wessing | La société-mère étrangère peut engager sa responsabilité vis-à-vis des salariés d’une filiale française. La Chambre Sociale de la Cour de Cassation…
Legal Practice
La Cour suprême du Canada se prononce sur l’incivilité en salle d’audience
Clyde & Co LLP | Où tracer la frontière entre l’incivilité lors d’une audience et l’obligation de l’avocat de représenter son client avec vigueur ? C’est la question…
Le droit d’interroger le déclarant d’une déclaration sous serment en matière civile est-il transposable en droit disciplinaire?
Langlois Lawyers LLP | Les faits à l’origine de cette affaire sont relativement simples. Une plainte disciplinaire comportant dix-huit chefs d’infractio...
Germany
Aviation
Repossessing aircraft in Germany: expect the unexpected
Lexology | Amid an increasingly volatile aviation industry pervaded by headline-grabbing failures (think Monarch Airlines and Air Berlin), lessors' and…
Corporate Finance/M&A
Wurde dem Transfer Pricing in der EU gerade der Boden entzogen?
Hogan Lovells | In Europa wird seit vielen Jahren diskutiert, ob Verrechnungspreisregelungen eines Mitgliedstaats, die nur für grenzüberschreitende Fälle gelten, mit…
Designs and trade secrets
Schadensersatz aufgrund einer unberechtigten Schutzrechtsverwarnung
Preu Bohlig & Partner | In der Rechtsprechung des Bundesgerichtshofs ist anerkannt, dass die unberechtigte Verwarnung aus einem gewerblichen Schutzrecht einen rechtswidrigen…
Employment & Labor
Bundeskabinett beschließt Recht auf Brückenteilzeit
Hogan Lovells | Das Bundeskabinett hat am Mittwoch in Berlin (13.06.2018) den Gesetzesentwurf zur Einführung der so genannten Brückenteilzeit beschlossen. Die neuen…
Jones Day Talks Anticorruption: German Companies — Are You Prepared for the EU Whistleblower Directive?
Jones Day | In Europe, corporate whistleblowers—those employees who report fraud activities, tax evasion, security breaches, and similar offenses—have new…
Deutsche Unternehmen: Sind Sie auf die EU-Whistleblower-Richtlinie vorbereitet?
Jones Day | In Europa wird es demnächst neue Regeln für Schutzmassnahmen für Whistleblower in Unternehmen geben, die Betrug, Steuerhinterziehung, Verletzungen von…
Hungary
Trademarks
Licensee of similar prior mark not infringer
Danubia Patent & Law Office LLC | Although unable to find a precedent in Hungarian case law, the Metropolitan Tribunal was still able to arrive at a convincing decision in a recent…
Ireland
Legal Practice
Regulatory Investigations and Litigation Privilege: Proceed with caution
Arthur Cox | A question we are asked regularly is whether litigation privilege applies to documents created for the purpose of a regulatory investigation or, in…
Private Client & Offshore Services
Partnership as a means of transferring the business and/or family farm
Philip Lee | Succession Planning When considering how to include the next or multiple generations in a family business or farm there are various concerns that must…
Public
Without Fear or Favour: The tension between accountability and independence in the Public Sector
McDowell Purcell | Our Public & Regulatory Summer Evening Seminar took place yesterday evening (21st June) at the Merrion Hotel. The title of the evening’s presentation…
Italy
Company & Commercial
Digital and online contracts become easier after landmark court decision
DLA Piper | Digital and online contracts might become much easier in Italy following the decision of the Court of Appeal of Naples in a case involving eBay. The…
Healthcare & Life Sciences
Prezzi eccessivi ed iniqui nel settore farmaceutico. Il CAT britannico annulla la decisione della CMA nel caso Pfizer e Flynn
De Berti Jacchia Franchini Forlani Studio Legale | In data 7 giugno 2018 il Competition Appeal Tribunal (CAT) del Regno Unito si è pronunciato nella causa Pfizer Inc. and Pfizer Limited, annullando la…
Public
Stato di diritto e indipendenza dei giudici si riaffermano come valore fondante dell’Unione con la sentenza ASJP c. Tribunal de Contas
De Berti Jacchia Franchini Forlani Studio Legale | Lo Stato di diritto e l’indipendenza dei giudici, rimangono temi molto attuali nella realtà politica europea a causa di situazioni che coinvolgono sia…
Luxembourg
Copyrights
Amendments to the Benelux convention on Intellectual Property
CMS Luxembourg | The Benelux Convention on Intellectual Property (BCIP) has been amended as of June 1st. The Benelux Office for Intellectual Property (BOIP) will have…
Netherlands
Company & Commercial
Zeven nieuwe tips voor bedrijven bij consumentenverkoop
Maverick Advocaten NV | De Autoriteit Consument & Markt (“ACM”) ziet erop toe dat bedrijven zich aan de consumentenregels houden. ACM beschikt hiervoor over vergaande…
Copyrights
Amendments to the Benelux convention on Intellectual Property
CMS Luxembourg | The Benelux Convention on Intellectual Property (BCIP) has been amended as of June 1st. The Benelux Office for Intellectual Property (BOIP) will have…
Employment & Labor
Niet iedere #MeToo is goed voor ontslag
Bird & Bird | Sinds de start van de #MeToo-discussie hebben zowel nationaal als internationaal al meerdere bekende figuren het veld moeten ruimen. Er is meer…
Product Regulation & Liability
Product liability litigation in the Netherlands
Hogan Lovells | A structured guide to product liability litigation in the Netherlands
Tax
Legislative Proposal for Changes to the Dutch Fiscal Unity Regime
Baker McKenzie | On 6 June 2018, the Dutch Ministry of Finance published a legislative proposal amending the Dutch fiscal unity regime. The proposal is in response to…
Trademarks
Green light for Louboutin's red soles
Marks & Clerk | After a lengthy trade mark dispute, French shoe designer Christian Louboutin has been given the green light for his famous red soles by the Court of…
Markenschutz für rote Sohle von Louboutin-Schuhen: EuGH entscheidet entgegen den Schlussanträgen des Generalanwalts
SKW Schwarz Rechtsanwälte | Hintergrund der Entscheidung ist ein Streit zwischen dem Luxusschuh-Designer Louboutin und der Deichmann-Tochter Van Haren. Christian Louboutin, der…
Norway
Energy & Natural Resources
Cybersecurity on Norwegian Continental Shelf
Advokatfirmaet Simonsen Vogt Wiig AS | Operators and non-operating petroleum licensees on the Norwegian Continental Shelf must establish emergency preparedness and implement measures to…
Poland
Employment & Labor
Legality of conducting background screening tests
DLA Piper | “In recent years, it has become increasingly common in Poland for employers to conduct background screening, i.e. to verify information presented by…
Portugal
Tax
Carf julga caso de subvenção de ICMS no contexto da lc Nº 160
TozziniFreire Advogados | Em contraponto deciso de sobrestar os casos sobre a matria at o final de 2018, prazo-limite determinado no artigo 3 da Lei Complementar (LC) n…
Russia
Projects & Procurement
With Russian renewables on the rise, investors search for opportunities and market entry
CMS | Russia has the potential to increase its use of all types of renewable energy. Historically, it has a well-developed hydropower sector. Its bioenergy…
Tax
VAT Increase and Other Changes to the Russian Tax System
Baker McKenzie | The Russian Government has approved important changes to the Russian Tax Code, including increase of VAT and mineral extraction tax, as well as a…
Trade & Customs
The Council has extended the sanctions against Russia in response to the illegal annexation of Crimea and Sevastopol
De Berti Jacchia Franchini Forlani Studio Legale | On 18 June 2018, the Council of the European Union extended by one year, until 23 June 2019, the restrictive measures in response to the illegal…
Spain
Employment & Labor
El Supremo aclara los requisitos para que un despido por ineptitud sobrevenida no sea declarado nulo
Garrigues | Una sentencia del Tribunal Supremo determina que, para evitar la nulidad de un despido por ineptitud sobrevenida, la empresa debe demostrar que se han…
Intellectual Property
Propiedad intelectual
Cuatrecasas | La función Autocompletar (Google Autocomplete) trata de agilizar las búsquedas mediante el uso de predicciones de búsqueda en la barra del buscador…
Tax
La consulta “James Rodríguez” y sus efectos colaterales
Cuatrecasas | Como ya informamos en este blog, la Dirección General de Tributos (DGT) sostiene que las ganancias obtenidas por el A.S. Mónaco, como consecuencia del…
Bizkaia: Impuesto sobre Sociedades 2017
Garrigues | Bizkaia ha publicado los modelos 200 y 220 de autoliquidación del Impuesto sobre Sociedades 2017 y el programa para cumplimentar la declaración. Como…
Trade & Customs
EU General Court suspends State aid recovery
CMS | On 15 May 2018, the President of the General Court ordered the suspension of the operation of a Commission decision on State aid. The decision…
Aide d’État : une obligation de récuperation immédiate et effective suspendue par le Tribunal de l’Union européenne
CMS | En date du 15 mai 2018, le Président du Tribunal de l’Union européenne (TUE) a ordonné le sursis à exécution d’une décision de la Commission en…
Sweden
Insurance
Conducting insurance and reinsurance business in Sweden
Hamilton | A structured guide to ownership, organisational and operating requirements for insurers and reinsurers in Sweden
Real Estate
Real Estate in Sweden
Hamilton | A structured guide to real estate laws in Sweden
Switzerland
Banking
Fintech in Switzerland
VISCHER AG | A structured guide to the law and regulations applicable to Fintech
Switzerland adopts new laws on Financial Services and Financial Institutions
CMS | On 15 June 2018, the Swiss Parliament passed the Swiss Financial Services Act (FinSA) and the Swiss Financial Institutions Act (FinIA) in a final vote…
Capital Markets
Initial Coin Offering - A Legal Work Plan
Baker McKenzie | Switzerland is currently in the midst of the global crypto-finance boom and Swiss-related Initial Coin Offerings (ICOs) are attracting worldwide…
Healthcare & Life Sciences
Supreme Court adopts Medeva with a Swiss finish: Granted SPC cannot be revoked
Streichenberg Attorneys at Law | In Switzerland, Gilead's supplementary protection certificate (SPC) for Truvada was challenged with the intention of changing the Swiss granting…
Ukraine
Banking
IFI Investment into Housing and Utilities Sectors of Ukraine Become More Effective
CMS Legal | The Verkhovna Rada of Ukraine have introduced legislative changes providing for the protection against foreclosure and arrest of funds granted for the…
Company & Commercial
Law on Limited Liability Companies is Now in Effect
CMS | On 17 June 2018, the long-awaited Ukrainian Law "On Limited Liability Companies and Additional Liability Companies" (the "Law") has come into force…
New Law on LLCs Became Effective
Baker McKenzie | On 17 June 2018, the Law of Ukraine On Limited and Additional Liability Companies came into effect. Current provisions of a limited liability company…
Immigration
New rules for issuing temporary residence permits in Ukraine
Taylor Wessing | On 1 June 2018*, procedural changes regarding the issuing of temporary residence permits become effective in Ukraine. The main novelty constitutes the…
Insurance
Insurance Litigation in Ukraine 2018
Vasil Kisil & Partners | Depending on the parties to the case, insurance disputes are usually litigated in commercial or general courts. If insured is an individual, the…
Trademarks
Cuba issues first consumer protection rules, IHOB “a flop”, and cost of a country rebrand: news round-up
World Trademark Review | Every Tuesday and Friday, World Trademark Review presents a round-up of news, developments and insights from across the trademark sphere. In our…
Global
Company & Commercial
5 Essential Elements of Corporate Compliance (2018 edition)
Baker McKenzie | In today's active global regulatory environment, it can be particularly challenging for multinational companies to effectively manage corporate…
Competition & Antitrust
Alerta Productos de Consumo - Abril - Mayo 2018
CMS | La Comisión Europea ha planteado un nuevo Acuerdo para reforzar los derechos de los consumidores en la Unión Europea (UE). El Ejecutivo europeo ha…
IT & Data Protection
Digital Business in the United Kingdom
DLA Piper | A structured guide to digital business in the United Kingdom
Autonomous Vehicles: Tracking UK Investor Perceptions Q3
Gowling WLG | This is the third in a series of thought leadership reports produced by Gowling WLG and Explain the Market, tracking the perceptions of both private…
A cryptic puzzle: what is the legal status of a crypto-asset?
Taylor Wessing | Virtual or cryptocurrencies continue to gain momentum. A number of financial institutions and funds are now recognising them as a viable asset class…
GDPR Compliance Process for Health Care Providers
Samardžić, Oreški & Grbović Law Firm | Confidentiality is a key aspect of health care provision, and health professionals must take extraordinary care in order to protect their patient’s…
Patents
Patent workflow and technology
Clarivate Analytics | Machine Learning and Artificial Intelligence (AI) are steadily taking over every aspect of routine life including automation in the field of IP. In…
Trademarks
Employee created rights and commissioned works in the field of trademarks
Gowling WLG | This is our fourth international article featuring our trademark expert teams from across the firm in Canada, China, France, Germany, Russia…
North America
Canada
Aviation
"Facts Matter" - Despite Amendments to the Foreign Ownership Restrictions for Canadian Air Carriers, 'Control in Fact' is still the Rule
McMillan LLP | Following its introduction on May 16, 2017 as Bill C-49, an Act to amend the Canada Transportation Act (the “CTA”) the Transportation Modernization…
Capital Markets
CSA publishes harmonized response to concerns regarding client-registrant relationship
Osler Hoskin & Harcourt LLP | On June 21, 2018, the Canadian Securities Administrators (CSA) released two published notices concerning investor protection initiatives. The CSA’s…
From uncertainty toward regulatory clarity senior SEC official provides regulatory clarity for digital assets
Perkins Coie LLP | On June 14, 2018, during a speech in San Francisco at the Yahoo Finance All Markets Summit, William Hinman, Director of the Division of Corporation…
Competition & Antitrust
Cartel investigations in Canada
Fasken | A structured guide to cartel investigations and penalties in Canada
Construction
FIDIC Yellow Book Update - What’s New?
Miller Thomson LLP | The International Federation of Consulting Engineers (“FIDIC”) is an international standards organization for consulting, engineering and construction…
Copyrights
The Queen’s Own Copyright: Supreme Court of Canada to Decide on Copyright Ownership for Works Submitted to Government Registry Ontario
Bereskin & Parr LLP | On Thursday June 21st, the Supreme Court of Canada granted leave to appeal in the matter of Keatley Surveying Ltd. v. Teranet Inc. Both the…
Employment & Labor
Recreational Cannabis in the Workplace - Lessons from Workplace Impairment Cases
Miller Thomson LLP | Under current legislation, the production, possession and trafficking of marijuana is prohibited under the Controlled Drugs and Substances Act, S.C…
18 month maternity leave
Taylor Vinters LLP | Recent amendments to the Canadian federal Employment Insurance (EI) program and changes to other federal/provincial legislation, have significantly…
Ontario Employers: New Smoking and Vaping Laws Come Into Effect on July 1, 2018 Ontario
Borden Ladner Gervais LLP | In anticipation of the changing laws regarding cannabis use in Canada, the Ontario government passed Bill 174, Cannabis, Smoke-Free Ontario and Road…
Case Summary: The plaintiff sought an appeal of the trial decision that awarded him damages for wrongful dismissal but denied his claim for benefit schemes
Harper Grey LLP | The appellant was trained as an engineer and was employed by the respondent since 1981. He was terminated without cause on May 4, 2010, and…
Energy & Natural Resources
Country Risk - Part 1
Gowling WLG | As part of Gowling WLG's Special Projects Series, Paul Murphy, Managing Director of Gowling WLG's Energy Group, recently sat down with Michael Samis…
Love them and leave them: Taking a Closer Look at the Implications of Ontario’s Announcement to Cancel its Cap-and-Trade Program Ontario
McCarthy Tétrault LLP | As promised during the election campaign, Ontario Premier-Designate Doug Ford announced that Ontario’s incoming government would dismantle the…
Federal Energy Project Reviews: Timelines in Practice
Stikeman Elliott LLP | In recent years the timelines to complete Canadian regulatory reviews of proposed major projects - and particularly environmental assessments which…
Franchising
Client Alert: HealthSource Chiropractic Franchise formally organized independent franchisee association, "HS Independent Franchisee Association"
Shumaker Loop & Kendrick | Independent franchisees of the HealthSource Chiropractic franchise system have formally organized an independent franchisee association under the name…
Healthcare & Life Sciences
Ontario Court of Appeal dismisses summary judgment appeal in Section 8 case Ontario
Smart & Biggar/Fetherstonhaugh | On 27 February 2017 the Ontario Superior Court of Justice dismissed Abbott and Takeda's motion for summary judgment in an action brought by Apotex…
Legalization of recreational cannabis and the workplace issues employers should consider
McCarthy Tétrault LLP | On June 20, 2018, Prime Minister Justin Trudeau announced that recreational use of cannabis in Canada will be legal as of October 17, 2018. The Prime…
Immigration
Global Skills Strategy update: Expansion of the GTS Occupations List
Gowling WLG | The Global Skills Strategy (GSS) is a pilot project launched by IRCC in June 2017. The program is designed to give Canadian employers quicker access…
IT & Data Protection
Government of Canada Responds to ETHI Committee Report on PIPEDA Review
Borden Ladner Gervais LLP | The Government of Canada has responded to the February 2018 report by the Standing Committee on Access to Information, Privacy and Ethics (“ETHI” or…
Legal Practice
Lawyers' risk and regulatory briefing - Summer 2018
Clyde & Co LLP | Welcome to our 2018 Lawyers Risk and Regulatory Briefing, in which we consider emerging trends in the areas of claims, regulation and risk for…
La Cour suprême du Canada se prononce sur l’incivilité en salle d’audience
Clyde & Co LLP | Où tracer la frontière entre l’incivilité lors d’une audience et l’obligation de l’avocat de représenter son client avec vigueur ? C’est la question…
Patents
Top five reasons to consider patent litigation in Canada
Smart & Biggar/Fetherstonhaugh | Canada has historically been a much less active jurisdiction for patent litigation compared to the United States, which can be explained in part by…
Product Regulation & Liability
Food Fight: Restaurants Can’t Recover Lost Profits From Supplier When They Lose Business After a Meat Recall Ontario
Stikeman Elliott LLP | The Ontario Court of Appeal decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc. is among the first rulings to apply the duty of care analysis…
Canada Legalizes Recreational Marijuana
Keller and Heckman LLP | Last week, we published a blog post regarding a proposed bill in the United States Senate that would provide more autonomy to individual States in…
Public
Cannabis Act passes in Canada without controversial amendments
Smart & Biggar/Fetherstonhaugh | After an unpredictable few weeks, Bill C-45, the Cannabis Act, received Royal Assent on June 21, 2018, and adult use cannabis will be legal in Canada…
The City of Montreal revises its by-law on contract management Quebec
Lavery de Billy LLP | Redefining and expanding the concept of conflict of interest, clarifying situations of “ineligibility to contract”, introducing a principle of…
Tax
New Sales Tax Collection Obligations Coming in Québec for Non-Resident E-Commerce Suppliers Quebec
Baker McKenzie | The province of Québec has released proposed legislation to implement measures originally announced in the March 27, 2018 Québec budget (“Budget”)…
Trade & Customs
Tariff War: What to Expect and How to Prepare
Adams and Reese LLP | The trade confrontation between the U.S. and a number of its trading partners has resulted in new tariffs on goods worth hundreds of billions of…
CETA Opportunities for the Canadian Automotive Industry in Uncertain Times
Tereposky & DeRose LLP | On June 1st, the U.S. tariffs under section 232 of the Trade Expansion Act of 1962 were imposed on steel and aluminum products imported into the…
Trademarks
Case Summary: Clorox unsuccessfully appealed a decision of the Registrar of Trademarks rejecting Clorox’s opposition to trademark registrations filed by Chlorotec
Harper Grey LLP | Clorox appealed the decision by the Registrar of Trademarks that rejected Clorox's opposition to trademark registrations filed by Chlorotec. Clorox…
White Collar Crime
London Calling - The case of Skansen and UK Jurisdictional Reach for Corporate Bribery
Ontario
Fasken | Southwark Crown Court is a designated centre for many of the UK's serious fraud and white-collar crime jury trials. It is a drab building in a…
Canadian Briefing - June 2018
DAC Beachcroft | The Crown Prosecution Service ("CPS") has brought the first successful prosecution for the corporate offence of failing to prevent bribery under the…
USA
Agriculture
Appeals court permits lawsuit against ag-gag law to continue.
DLA Piper | On June 5, the US Court of Appeals for the Fourth Circuit, citing constitutional grounds, reversed a lower-court ruling that had dismissed a lawsuit…
Arbitration & ADR
The Arbiter Intenrational Disputes Newsletter - Summer 2018
Hunton Andrews Kurth LLP | Few things in life are absolutely certain. In construcƟon projects, however, employers would like to have as much certainty as possible when it comes…
New York State Court Declines to Compel Arbitration, Cites Purported Ambiguities in Mobile Contracting Process
Proskauer Rose LLP | Courts are increasingly taking a magnifying glass to electronic contracting processes, particularly how the presentation of the terms of service and…
TCPA Tracker - June 2018
Kelley Drye & Warren LLP | On June 7, 2018, Representative Frank Pallone, Jr. (D-NJ) introduced the Stopping Bad Robocalls Act (H.R. 6026), aimed at significantly revising the…
Retail Industry Workplace Law Update - Summer 2018 California
Jackson Lewis PC | The National Labor Relations Act (NLRA) does not bar class action waivers in employment arbitration agreements, the U.S. Supreme Court has ruled...
Banking
Acquisitions of Banks by Credit Unions
Vorys Sater Seymour and Pease LLP | While once virtually "unthinkable," banks are now targeted for acquisition by credit unions with more and more frequency. Large credit unions have…
Blockchain in Review - Weeks of May 7th through May 25th, 2018
Perkins Coie LLP | On May 21, the Commodity Futures Trading Commission’s (CFTC) Division of Market Oversight and Division of Clearing and Risk released an advisory that…
NYDFS fines global banking firm $205 million for alleged FX violations
Buckley Sandler LLP | On June 20, the New York Department of Financial Services (NYDFS) announced a $205 million settlement with a global banking firm to resolve…
Agencies issue disaster relief guidance for volcanic activity in Hawaii and severe storm in Maine
Buckley Sandler LLP | On June 19, the FDIC issued Financial Institution Letter FIL-33-2018 to provide regulatory relief to financial institutions and facilitate recovery in…
Agencies sign off on Volcker Rule changes
DLA Piper | Speaking of the CFTC, that body also approved the Volcker Rule changes that were announced in late May and which we reported on in our June 4 issue…
White House proposes to fully privatize GSEs in broad government reorganization plan
Buckley Sandler LLP | On June 21, the White House announced a government reorganization plan titled, “Delivering Government Solutions in the 21st Century: Reform Plan and…
New York Attorney General Must File Martin Act Cases Within The Three-Year Statute of Limitation
Bressler, Amery & Ross PC | The New York State Court of Appeals’ decision in The People v. Credit Suisse Securities (USA) LLC, et. al…
OCC and FDIC shorten trade settlement cycle for securities to two days.
DLA Piper | The Office of the Comptroller of the Currency and the FDIC on June 1 issued a final rule to shorten the standard settlement cycle for securities…
Are You a Money Transmitter in Vermont?
Morrison & Foerster LLP | The Banking Department of the Vermont Department of Financial Regulation (the "Banking Department") recently entered into a consent order with a money…
Fed finalizes rule to limit risk concentration at banks and their counterparties.
DLA Piper | The Federal Reserve Board on June 14 approved a final rule to prevent concentrations of risk between large banks and their counterparties from…
House committee postpones action on anti-money laundering bill.
DLA Piper | The House Financial Services Committee has postponed a vote on the Counter Terrorism and Illicit Finance Act (HR 6068) that had been scheduled for…
Supreme Court Rules SEC ALJs Are Officers, Subject to the Appointments Clause
Wilmer Cutler Pickering Hale and Dorr LLP | On June 21, 2018, the Supreme Court issued its decision in Lucia v. SEC, Slip Op. No. 17-130. Securities and Exchange Commission (SEC) administrative…
Federal Reserve issues final rules reflecting credit and interest rate increases
Buckley Sandler LLP | On June 20, the Federal Reserve issued a final rule amending Regulation A (Extensions of Credit by Federal Reserve Banks) to reflect its June 14…
Federal Reserve Adopts Final Rule for Single Counterparty Credit Limit
Katten Muchin Rosenman LLP | On June 19, the Federal Reserve adopted a final rule that sets overall single counterparty credit limits for global systemically important banking…
NY District Court holds CFPB structure is unconstitutional
Buckley Sandler LLP | On June 21, the U.S. District Court for the Southern District of New York terminated the CFPB as a party to an action against a New Jersey-based…
Fed will release stress test results on June 21, CCAR results on June 28.
DLA Piper | The Federal Reserve will release the results of its annual Dodd-Frank-mandated stress tests on Thursday, June 21. Results from the related…
Capital Markets
SCOTUS Overturns SEC Judge Appointments: What You Need to Know
Manatt Phelps & Phillips LLP | Many cases involving federal regulatory law are largely decided by judges appointed by the staffs of federal agencies—administrative law judges (ALJs)…
Regulation of Investement Advisers by the U.S. Securities and Exchange Commission
Proskauer Rose LLP | Money managers, investment consultants, and financial planners are regulated in the United States as "investment advisers" under the U.S. Investment…
SEC releases strategic plan
Cooley LLP | Yesterday, the SEC released for public comment a draft of its proposed strategic plan, which outlines the SEC’s priorities through FY 2022. The plan…
Best Interest or Disinterest—How Should We Label the Duties of an Investment Adviser?
Perkins Coie LLP | At lunch with my broker the other day (my tab naturally), I asked the waiter for a hamburger and soda, but my broker interjected and told him to bring…
Financial Services Update - Volume 13, NO.23 - June 18, 2018
Winston & Strawn LLP | William Hinman, the Director of the SEC’s Division of Corporation Finance, delivered remarks on June 14, 2018 to attendees at the Yahoo Finance All…
Not just lending where corporates rule
DLA Piper | It’s been a corporates’ market in leveraged debt for a few years now. Risk.net reports it is for swaps too. It is difficult to make money from vanilla…
Emerging trends in co-investing alongside funds in Asia
King & Wood Mallesons | Offering co-investment opportunities to certain fund investors is a key trend for fund sponsors in establishing alternative investment funds. Once an…
DOL Fiduciary Rule Officially Dead
Seyfarth Shaw LLP | For several years now we’ve been keeping you updated on the long and winding road of the Department of Labor’s (“DOL”) Fiduciary Rule. See our alert…
Update: 5th Circuit Confirms Decision To Vacate DOL Fiduciary Rule
Katten Muchin Rosenman LLP | After much anticipation, the US Court of Appeals for the Fifth Circuit on Thursday confirmed its earlier decision to vacate the Department of Labor’s…
Supreme Court Rules That SEC Administrative Law Judge Appointments Violate The Constitution
Paul Weiss | On June 21, 2018, the Supreme Court held in Lucia v. SEC, No. 17-130, that the process by which the Securities and Exchange Commission (SEC) selects…
Supreme Court Resolves Constitutionality of SEC’S ALJ Appointments — Now What?
Squire Patton Boggs | Last week, the United States Supreme Court settled a circuit split regarding the constitutionality of the appointment of Administrative Law Judges…
From uncertainty toward regulatory clarity senior SEC official provides regulatory clarity for digital assets
Perkins Coie LLP | On June 14, 2018, during a speech in San Francisco at the Yahoo Finance All Markets Summit, William Hinman, Director of the Division of Corporation…
Company & Commercial
Contract Basics: Key Provisions and Common Pitfalls
Barnes & Thornburg LLP | Whether you are drafting a contract for your organization or reviewing another company's contract, there are key terms to look for and some terms to…
2018 Ethics & Compliance Policy & Procedure Management Benchmark Report
NAVEX Global | Policy management consists of the practices associated with managing your organization's policies or procedures throughout all the policy life cycle…
Founder friendly stock alternatives I: keeping control and super-voting common stock
DLA Piper | Many founders worry about keeping control of their startups as their companies grow. As a company takes on new investment, the founders will typically…
Don't Forget About Congress
Baker McKenzie | Since the passage of the law formerly known as the Tax Cuts and JOBS Act (TCJA), the focus of tax policy shifted to the guidance process. Treasury and…
Status Quo Maintained: Supreme Court of Delaware Precludes Stockholder Derivative Claims Delaware
Tucker Ellis | In a highly anticipated decision in the Wal-Mart derivative litigation--In re Wal-Mart Stores, Inc. Delaware Derivative Litigation, No. 7455-CB, 2018…
Supreme Court Dismisses Important Securities Case on Issue Likely to Arise Again
Jones Day | The Court granted certiorari in Leidos to resolve whether Item 303 of SEC Regulation S-K creates a duty to disclose that is actionable under Section…
Auto finance company agrees to $19.7 million preliminary class action settlement over extra lease fees Florida
Buckley Sandler LLP | On June 15, the lead plaintiff filed a motion in the U.S. District for the Southern District of Florida for preliminary approval of an approximately…
SDNY Finds BCFP Structure Unconstitutional, Breaking With DC Circuit
Mayer Brown | In a June 21, 2018 opinion, Judge Loretta Preska of the U.S. District Court for the Southern District of New York held that the structure of the…
Mergers and acquisitions: overview of a transaction
DLA Piper | Many startups dream of going public, but, in today's environment, being acquired is often a more likely (and in some cases, more desirable) exit for…
Competition & Antitrust
Considerations for media and telco vertical mergers in the rise of the digital media age
Clayton Utz | Traditional media continues to be disrupted by digital technologies, but there are differing views about whether the merging of media companies will…
Construction
Contractor's Intentional and Material Breach of Contract Does Not Automatically Bar Claim For Work Performed Massachusetts
Murtha Cullina LLP | In a case closely watched by the construction industry, the Massachusetts Supreme Judicial Court ("SJC") has overturned a Superior Court's decision…
Court Crier: Reporting Breaking Appellate Decisions
White and Williams LLP | In Tong-Summerford v. Abington Memorial Hospital, the Superior Court of Pennsylvania addressed whether a hospital waived its appellate issue by…
Top 10 Contract Tips
Zetlin & De Chiara LLP | An effective and comprehensive contract is the foundation of any successful construction project. Zetlin & De Chiara is one of the largest practices…
Dealing with Difficult Parties on a Project
Bradley Arant Boult Cummings LLP | If you have been involved in the construction industry for any substantial amount of time, you have likely encountered an individual or an entity on a…
Copyrights
Brammer v. Violent Hues Productions LLC
Loeb & Loeb LLP | District court finds online use of copyrighted photograph of Adams Morgan neighborhood of Washington, D.C. for informational purposes constitutes fair…
Using a Public Sculpture in Your Advertising? Watch Out!
Frankfurt Kurnit Klein & Selz PC | What should you do when you film a commercial in public and there's a sculpture in the background? Do you need to get a release from the sculptor…
Corporate Finance/M&A
The Delaware Court of Chancery rejects the ability for stockholders to access a corporation’s books and records based on “lawyer driven” motives. Delaware
Reed Smith LLP | A recent decision of the Delaware Court of Chancery, Wilkinson v. A. Schulman, Inc., represents an important judicial effort to balance (i) allowing…
2018 Amendments to the Minnesota Business Corporation Act Minnesota
Dorsey & Whitney LLP | The Minnesota Legislature has approved, and Governor Mark Dayton has signed, legislation amending the Minnesota Business Corporation Act (MBCA). The…
Crime
Getting to Zero: A Hidden Variable Behind Cooperation Rates?
Morvillo Abramowitz Grand Iason & Anello PC | The United States Sentencing Commission publishes massive sourcebooks of federal sentencing statistics each year, which are available online going…
Derivatives
NFA Proposes Amendments to Compliance Rule 2-9(c) and Interpretive Notice: Compliance Rule 2-9: FCM and IB Anti-Money Laundering Program
Katten Muchin Rosenman LLP | On June 15, the National Futures Association (NFA) submitted to the Commodity Futures Trading Commission proposed amendments to NFA Compliance Rule…
CFTC proposed rule would maintain swap dealer registration de minimis exception at $8 billion
DLA Piper | The Commodities Futures Trading Commission voted 2-1 on June 4 for a proposed rule to make permanent a de minimis threshold exemption for financial…
CFTC Proposes to Maintain Swap Dealer De Minimis Threshold at $8 Billion
Morrison & Foerster LLP | On June 4, 2018, the Commodity Futures Trading Commission ("CFTC" or "Commission") by a 2 to 1 vote proposed to amend its regulations to maintain the…
Employee Benefits & Pensions
Fifth Circuit Issues Mandate Vacating the DOL’s Fiduciary Rule
Ropes & Gray LLP | On June 21, 2018, the Court of Appeals for the Fifth Circuit issued a mandate vacating the DOL’s conflict of interest rule and related exemptions (the…
Fifth Circuit Issues Mandate Vacating the DOL Fiduciary Rule
Fried Frank Harris Shriver & Jacobson LLP | On June 21, 2018, the Fifth Circuit Court of Appeals issued a mandate vacating the U.S. Department of Labor's ERISA Fiduciary Rule, thus ending years…
Employment & Labor
Employee termination law in Wyoming Wyoming
Holland & Hart LLP | A structured guide to employee termination law and practice in Wyoming...
Michigan Repeals Prevailing Wage Act Michigan
Dickinson Wright | On June 6, 2018, the Michigan Legislature repealed the state’s Prevailing Wage Act through the Michigan Repeal Prevailing Wages and Fringe Benefits on…
Do Not Cut and Paste - Why Your Company Needs Tailored Social Media Policies and Procedures
K&L Gates | The advent of social media has changed the way we communicate with the world. Companies and individuals alike now have powerful and unmediated…
Insight & Impact: Labor & Employment Regulatory Update Massachusetts Washington
Quarles & Brady LLP | As part of the Trump Administration's Spring 2018 unified regulatory agenda, the Wage and Hour Division of the Department of Labor ("DOL") unveiled…
Federal Appellate Courts Provide Guidance on Essential Functions Under the ADA
Shawe Rosenthal LLP | Two U.S. Courts of Appeals have issued opinions on the essential functions of a job under the Americans with Disabilities Act, specifically the…
Dynamex Ripples Continue To Be Felt: 2 Very Recent Developments California
Fisher Phillips | It’s impossible to ignore the reverberations that continue to shake the business landscape after the landmark April 30 Dynamex ruling introduced the…
Massachusetts Legislature Passes Bill Providing $15 Minimum Wage And Paid Family And Medical Leave: What Employers Need To Know Massachusetts
Seyfarth Shaw LLP | On June 20, 2018, the Massachusetts Legislature overwhelmingly passed a bill providing a number of important provisions impacting…
Increase the Injunctions: NLRB Urges The Frequency Of Requesting Temporary Injunctions
Seyfarth Shaw LLP | On June 20, 2018, Peter B. Robb, General Counsel for the NLRB, directed regional offices to continue aggressively pursue temporary injunctions…
American Medical Association Adopts Resolution to Promote Pay Equity
Jackson Lewis PC | The healthcare industry is following other industries with an increased focus and growing sense of alarm over the gender pay gap.
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission: Cake Gets Left Off the Menu Colorado
Faruki Ireland Cox Rhinehart & Dusing PLL | Earlier this month the Supreme Court handed down a highly anticipated decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission that…
Fifth Circuit Officially Vacates Fiduciary Rule
Kilpatrick Townsend & Stockton LLP | The Fifth Circuit has issued a long-awaited mandate of its order vacating the Department of Labor’s (DOL) Fiduciary Rule in toto on June 21, 2018. In…
The NLRB Issues Useful Guidance Providing Additional Clarity On Work Rules
Baker McKenzie | Recent guidance issued by the NLRB General Counsel Peter Robb, the NLRB’s chief prosecutor, is a continuing testament to the NLRB’s impact on the…
Maryland Prohibits Arbitrating Sexual Harassment Claims Maryland
Vorys Sater Seymour and Pease LLP | Maryland recently enacted the “Disclosing Sexual Harassment in the Workplace Act,” which becomes effective on October 1, 2018. The act prohibits…
NLRB Releases More New Advice Memos
Shawe Rosenthal LLP | Following the release of a multitude of advice memoranda earlier this year, as we reported in our February 2018 and March 2018 E-Updates, the National…
World Cup Fever in the Workplace: Leveraging the Event to Boost Employee Morale
Ogletree Deakins | The 2018 World Cup is now in full swing, and the frenzy that surrounds this event can create low productivity for businesses, with staff focused on…
Nooses and Racial Slurs Increase In Workplaces: New SF Incident Reported
FisherBroyles LLP | Today’s New York Times reports that three African-American construction workers in San Francisco claim that they were subjected to “racial slurs and…
EPA Proposes to Rescind RMP Provisions Amended Under Obama Administration, Seeks Comments
Beveridge & Diamond PC | On May 30, 2018, the U.S. Environmental Protection Agency (EPA) published a proposed rule (Proposed Rule) that would rescind the majority of the…
Labor and Employment Alert: New Hampshire Prohibits Gender Identity Discrimination New Hampshire
Vorys Sater Seymour and Pease LLP | New Hampshire recently amended its laws against discrimination to prohibit discrimination based on gender identity. Gender identity is now included in…
New York joins the #MeToo fray with sweeping legislation New York
DLA Piper | Although the #MeToo movement found its roots in the entertainment industry, you would be hard-pressed to name an industry that has not seen a…
Marijuana in the Workplace: An Update Colorado
Barnes & Thornburg LLP | With so many states permitting the use of marijuana recreationally or for medical reasons, it will continue to be difficult for employers to…
New NLRB Guidance Gives the Green Light on Common Sense Employee Work Rules
Vorys Sater Seymour and Pease LLP | In December, the National Labor Relations Board (NLRB) established a new standard for determining the lawfulness of facially neutral employee…
Age (Discrimination) Is More Than Just a Number: Job Applicants and the ADEA Audio
K&L Gates | In this episode, Erinn Rigney discusses a recent Seventh Circuit court decision that opens the door for job applicants to assert claims of disparate…
Ohio Supreme Court Determines that Subrogation Applies to Third-Party Settlements Prior to WC Claim Allowance Ohio
Dinsmore & Shohl LLP | On April 19, 2018, the Ohio Supreme Court determined in Bureau of Workers’ Compensation v. Verlinger (2018-Ohio-1481) that the provisions of Ohio…
Big Law Hit Again With a California Gender Discrimination Lawsuit
Drinker Biddle & Reath LLP | Earlier this week, Wendy Moore, a former partner at Jones Day, filed a representative action against the law firm in San Francisco Superior Court…
Washington Prohibits Certain Nondisclosure, Waiver and Arbitration Agreements Relating to Discrimination Claims
Vorys Sater Seymour and Pease LLP | Under the Washington Law Against Discrimination (WLAD), discrimination on the basis of a protected status such as race…
Robots, Automation and A.I., Oh My - California Proposes to Establish “Commission on the Future of Work”
Fisher Phillips | The “future of work” is the topic du jour these days for pundits, academics, policy makers, employers and unions alike. Numerous conferences, white…
NLRB General Counsel Issues Much Needed Guidance on Employee Handbooks
Burr & Forman LLP | On June 6, 2018, the General Counsel of the National Labor Relations Board issued a memorandum providing guidance on how employer rules should be…
Update: 5th Circuit Confirms Decision to Vacate DOL Fiduciary Rule
Katten Muchin Rosenman LLP | After much anticipation, the US Court of Appeals for the Fifth Circuit on Thursday confirmed its earlier decision to vacate the Department of Labor's…
U.S. Department of Labor expands association health plans
Squire Patton Boggs | On Tuesday, June 18, 2018, The U.S. Department of Labor (“DOL”) released its long-anticipated final rule on association health plans, allowing small…
New California Regulations on National Origin Discrimination Effective July 1 California
Fisher Phillips | Issues related to immigration status, national security policy, and country of origin continue to be a hot topic of animated discussion at the federal…
NLRB Issues Guidance Memorandum for Workplace Rules
Hunton Andrews Kurth LLP | As we reported last December, the NLRB, in The Boeing Company, 365 NLRB No. 154 (2017), reversed its workplace rule standard under Lutheran Heritage…
Energy & Natural Resources
Cybersecurity on Norwegian Continental Shelf
Advokatfirmaet Simonsen Vogt Wiig AS | Operators and non-operating petroleum licensees on the Norwegian Continental Shelf must establish emergency preparedness and implement measures to…
FERC Approves Civil Penalty Against Duke for Submitting Inaccurate Data in Section 203 Proceeding
Troutman Sanders LLP | On June 8, 2018, FERC approved a Stipulation and Consent Agreement (“Settlement”) between the Office of Enforcement (“OE”) and Duke Energy Corporation…
New General Air Permits Target Methane Emission Reductions in Pennsylvania Pennsylvania
K&L Gates | On June 7, 2018, Pennsylvania Governor Tom Wolf and the Pennsylvania Department of Environmental Protection (the “Department”) announced the issuance…
DOE Announces Funding For 31 Projects To Help Advance Fundamental Science For Bioenergy
Bergeson & Campbell PC | On June 18, 2018, the U.S. Department of Energy (DOE) announced it would be releasing $40 million in funding for “31 projects to advance research in…
Environment & Climate Change
Coalition of states and cities sues EPA over methane emissions from oil and natural gas operations
Sidley Austin LLP | A coalition of 14 states and two cities has sued the Environmental Protection Agency and Administrator Scott Pruitt, alleging that the agency had…
BLM appeals order blocking Waste Prevention Rule rescission California
Sidley Austin LLP | The US Bureau of Land Management has filed an appeal with the US Court of Appeals for the Ninth Circuit to reverse a Northern District of California…
BEWARE: New Prop. 65 Warning Requirements Apply to California Hospitality Industry in Fewer Than 90 Days
Brownstein Hyatt Farber Schreck LLP | In fewer than 90 days, new Prop. 65 regulations will apply to a wide variety of hospitality operators in California. Gas stations and coffee houses…
EPA Celebrates Anniversary of Lautenberg Act by Releasing Final CBI Guidance, Animal Testing Strategy, and Final Mercury Reporting Rule
Bergeson & Campbell PC | On June 22, 2018, the U.S. Environmental Protection Agency (EPA) announced that it has met its statutory responsibilities under the Frank R…
Federal Court Halts EPA’s Waters of the United States (WOTUS) Rule in 11 States Georgia
Spencer Fane LLP | On June 11, 2018, the U.S. District Court of the Southern District of Georgia issued a preliminary injunction preventing implementation of the U.S…
Texas Supreme Court Confirms that Local Antilitter Ordinance is Preempted Texas
Pillsbury | On June 22, the Texas Supreme Court decided an important environmental case, City of Laredo, TX v. Laredo Merchants Assoc. Without dissent, the Court…
The Council on Environmental Quality Solicits Comments to Update NEPA Regulations
Holland & Hart LLP | The Council on Environmental Quality (CEQ) opened a 30-day comment period today to solicit comments on potential revisions to its regulations for…
Interior Department Not Obligated to Update NEPA Analysis for Coal Leasing Program
Holland & Hart LLP | On June 19, 2018, the U.S. Circuit Court of Appeals for the District of Columbia rejected a challenge by environmental groups and held that the U.S…
Texas High Court To Review Ruling in Gulf Oil Spill Coverage Dispute Texas
Reed Smith LLP | The Texas high court on June 1 granted an insure'd petition for review to determine if an exception to a policy's joint venture provision applies to…
Pennsylvania Supreme Court upholds substantial portion of injunction regarding drilling regulations Pennsylvania
Reed Smith LLP | Recently, the Pennsylvania Supreme Court affirmed a substantial portion of a preliminary injunction obtained by the Marcellus Shale Coalition (MSC)…
Family
How to Disinherit a Child: 5 Tips to do so Successfully
LeClairRyan | This blog post discusses the steps that parents can take to disinherit a child and, in doing so, maximize their chances that their disinherited child…
Healthcare & Life Sciences
San Francisco bans flavored tobaccos.
DLA Piper | On June 5, San Francisco voters overwhelmingly passed Proposition E banning the sale of flavored tobacco products. At the end of a high-profile…
Under the Dome: Inside the Maine State House - June 22, 2018 Maine
Pierce Atwood LLP | The Democratic and Republican primaries were held on June 12, 2018 using a ranked-choice voting system. By the evening of June 12, Shawn Moody…
Potentially, the Mother of All Off-Label Uses, as FDA Backs Down
Reed Smith LLP | Researchers at Temple University here in Philly recently published a scientific article, “Learning Impairments, Memory Deficits, and Neuropathology in…
Sixth Circuit’s Split Decision In Prather Highlights Persistent Questions About the Pleading Standard for Materiality After Escobar
Sidley Austin LLP | Last week, the Sixth Circuit again resurrected the relator’s case in United States ex rel. Marjorie Prather v. Brookdale Senior Living Communities…
FDA rejects nutrient claim for "Golden Rice."
DLA Piper | The FDA has formally concluded that Golden Rice does not meet the appropriate nutritional requirements to make nutrient content claims. Golden Rice is…
Florida Repeals Laboratory Licensure Requirements Effective July 1st Florida
Mintz Levin | Thousands of laboratories nationwide will be happy to hear that Florida, which licenses in-state as well as out-of-state laboratories, has repealed…
KMH SCOTX: insurance agents may know more about reasonable and necessary medical expenses than doctors and hospitals Texas
Carrington Coleman | The central issue in this medical malpractice case was whether the plaintiffs put on legally sufficient evidence that the patient’s hypoxic brain…
Governor Murphy Signs the Out-Of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act New Jersey
Bressler, Amery & Ross PC | On June 1, 2018, the Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act (Act) was signed into law…
FDA gets sharp criticism for its approach to "added sugars" in honey and maple syrup.
DLA Piper | Responding to a call for comments regarding a draft guidance issued by the FDA in February, many public commenters have told the agency that it is…
FDA Clarifies Communication Rules for Medical Product Companies
Ropes & Gray LLP | On June 12, 2018, the U.S. Food and Drug Administration issued two key documents outlining the agency's current thinking regarding drug and device…
Proposed Changes to the Federal Satellite Facility Rules Audio
K&L Gates | The Centers for Medicare & Medicaid Services (“CMS”) recently proposed certain changes to the existing satellite facility rules in its Inpatient…
Another Court Broadly Construes “Interrelated Wrongful Acts” Provision
White and Williams LLP | A key component to any claims-made policy is the existence of an “interrelated wrongful acts” provision. Claims-made policies typically provide…
Most Claims Either Expressly or Impliedly Preempted in Breast Implant Decision out of the Northern District of Illinois
Reed Smith LLP | Permit us to recount a recent travel misadventure, though whatever eventual connection we draw to today’s case will be specious at best. Last Friday…
What Will Follow Last Week's Federal Circuit Court Decisions in Land of Lincoln and Moda Health?
Bressler, Amery & Ross PC | On June 14, 2018, the United States Circuit Court of Appeals for the Federal Circuit ruled in two cases against health insurers…
FDA and USDA formally coordinate on one of their food-safety requirements.
DLA Piper | On June 5, FDA Commissioner Scott Gottlieb sent a letter to Agriculture Secretary Sonny Perdue describing an innovative program in which the two…
NC Legislative Update: June 22, 2018 North Carolina
Nexsen Pruet | The Nexsen Pruet NC Legislative Update did not publish last week. This update covers both last week and this week. THIS WEEK Lawmakers…
$4 Million Judgment Awarded to Office for Civil Rights for HIPAA Violation
Drinker Biddle & Reath LLP | A U.S. Department of Health and Human Services (HHS) Administrative Law Judge (ALJ) has ruled that the University of Texas MD Anderson Cancer Center…
ML Strategies Health Care Preview - June 25, 2018
Mintz Levin | This week, we turn our attention to the Senate following House passage of its opioid package known as H.R. 6. The House passed H.R. 6 by an…
Hospital Hit with $4.3 Million Fine for “Snail’s Pace” HIPAA Compliance
Patterson Belknap Webb & Tyler LLP | Healthcare organizations take note: not following your own data security rules can be costly, very costly. And the more time it takes to comply, the…
Immigration
Pro Bono for Immigrant Families at the South Texas Family Residential Center
Proskauer Rose LLP | As the Firm’s pro bono partner, I often have the privilege of looking beyond individual matters to see how we can make a difference on a wider scale…
TPS Terminations and the Form I-9
Seyfarth Shaw LLP | The US Citizenship and Immigration Services (USCIS) rules concerning auto extensions of employment authorization and Temporary Protected Status (TPS)…
U.S. House of Representatives Debates U.S. Immigration Policy
Greenberg Traurig LLP | On Thursday, the U.S. House of Representatives began debate on two immigration bills aiming to enhance border and interior enforcement of immigration…
Insolvency & Restructuring
Speak Now? The Ninth Circuit Weighs in on Appellate Standing
Patterson Belknap Webb & Tyler LLP | A recent decision from the Ninth Circuit Court of Appeals highlights an existing circuit split regarding appellate standing. Courts in the Fourth…
Forecasting Turbulence for Health Care Providers
Dykema Gossett PLLC | Bankruptcies and other debt restructuring activities for health care providers are on the rise, and recent headlines related to the industry suggest…
Insurance
Ninth Circuit Rejects Insured’s “Internal Business Practice” Argument and Enforces D&O Policy’s Broad Professional Services Exclusion
White and Williams LLP | Earlier this week, in HotChalk, Inc. v. Scottsdale Insurance Company, No. 16-17287, 2018 U.S. App. LEXIS 14884 (9th Cir. Jun. 4, 2018), the Ninth…
Wind-Driven Rain Insurance Coverage: A Post-Irma Review Florida
Berger Singerman LLP | Over the last few years, Florida policyholders have seen an increasing trend of insurance companies relying on wind-driven rain exclusions. Many…
Hurricane Damage Caused by Flying Debris. Who’s Liable? Florida
Berger Singerman LLP | The 2018 hurricane season has officially arrived. Damage caused by flying debris is one of the major threats associated with a hurricane. Securing…
Fifth Circuit Sides with Insurer's Denial of 30-Month Late Hail Damage Claim
HFW | Briefings The United States Court of Appeals for the Fifth Circuit ruled this month in favor of Certain Underwriters at Lloyd's, London in a property…
6 Key Takeaways: The Importance of Insurance for Fintech Companies
Kilpatrick Townsend & Stockton LLP | Fintech companies must consider insurance as an important and valuable asset to protect against loss...
Intellectual Property
Loopholes in the Berkheimer Memo: Why The Impact of the USPTO’s New “Significantly More” Guidance May Be Significantly Less Than Expected
Kilpatrick Townsend & Stockton LLP | Rejections of patent claims under 35 U.S.C. § 101 are often criticized when examiners take an "I know when I see it" approach rather than…
Internet & Social Media
They killed Quill. What's next?
Reed Smith LLP | On June 21, 2018, the U.S. Supreme Court issued its decision in South Dakota v. Wayfair, Inc., in which it held that physical presence is not required…
Adding more confusion to the world of website accessibility, WCAG 2.1 has been published
Porter Wright Morris & Arthur LLP | As many of you know, we have been keeping up on the growing litigation involving the accessibility of websites under the Americans with Disabilities…
The Internet of Things + Medical Devices = Liability (Part 2)
Seyfarth Shaw LLP | In the first part of this post, we examined the security risks posed by the growing “Internet of Things,” especially as connected implants and other…
ADA Website Accessibility and the New WCAG 2.1 Standards
GrayRobinson PA | On June 5th, the World Wide Web Consortium, who issued the Web Content Accessibility Guidelines (“WCAG”) 2.0, published an expanded version of the…
Internet of Things Webinar Recording - Drone Fever: Is your business ready?
Hogan Lovells | In the most recent program part of the Internet of Things Webinar (IoT) Series, speakers Lisa Ellman, Gretchen West, and Matt Clark held a close lens…
The Internet of Things + Medical Devices = Liability (Part 1)
Seyfarth Shaw LLP | We all remember the video from a few years ago in which (benevolent) hackers remotely seized control of an SUV, initially playing with the climate…
Court Permits Website Accessibility Lawsuit Against Hooters To Proceed
Fisher Phillips | A federal appeals court just breathed new life into a disability access lawsuit filed against restaurant chain Hooters, permitting a blind plaintiff…
IT & Data Protection
Don’t Forget to Hit “Delete”: FTC Blog Post Clarifies COPPA Information Deletion Requirement
Morrison & Foerster LLP | Most companies are familiar with the Children’s Online Privacy Protection Act (COPPA) and its requirement to obtain parental consent before collecting…
California Legislature Working Feverishly To Avert Privacy Ballot Initiative California
Baker & Hostetler LLP | We have previously reported a ballot initiative known as the California Consumer Privacy Act of 2018 (“CCPA”), that is expected to be on the November…
Court Denies TRO against Data Scraper That Accessed Private Database via Registered Accounts
Proskauer Rose LLP | This past week, a Texas district court denied a bid from a web service for a temporary restraining order (TRO) to enjoin a competitor that allegedly…
FTC Outlines Expected Privacy Program Elements in BLU Settlement
Sheppard Mullin Richter & Hampton LLP | The FTC recently settled with the mobile phone company BLU Products, Inc., over allegations that the company was letting one of its vendors pull…
Reputation Management
Bryan Cave Leighton Paisner (Bryan Cave) | The reputational injury following a data breach can be severe. Indeed, reputational injury - including lost customers - often surpasses legal…
Stir Friday - Security News Update for June 22, 2018
NUIX | In response to being branded “malicious”, Kaspersky Lab says it has halted all work with European institutions, including Europol, until it receives…
FTC examining how consumer protection and privacy may be affecting innovation and competition; seeking input and will hold policy hearings to address
Kelley Drye & Warren LLP | The FTC announced yesterday that it will accept comments and hold a series of public hearings on consumer protection, privacy, and competition policy…
What Companies Need to Do to Secure & Protect Private Data
Ladas & Parry LLP | Data privacy laws are unavoidable. Today’s companies and businesses must take steps to secure and protect private data. This includes taking…
Carpenter v. United States: A Watershed for Digital Privacy
Paul Hastings LLP | The Third-Party Doctrine may live to fight another day, but Carpenter will be seen as an inflection point in Fourth Amendment jurisprudence. On Friday…
Biometric Insurance Illinois Audio
K&L Gates | Issues of digital privacy are multi-faceted and extend far beyond the now-routine data breaches that make headlines. The digital collection, use, and…
CA Legislative Compromise to Sweeping Data Privacy Ballot Initiative Takes Major Step Forward California
Manatt Phelps & Phillips LLP | Yesterday afternoon, California legislators held a briefing to announce that a legislative alternative to a sweeping ballot initiative to revamp the…
OCC's Otting on fintechs, unauthorized accounts, CRA, Bank Secrecy Act and regulatory reform
DLA Piper | Comptroller of the Currency Joseph Otting made some news on Capitol Hill in testimony before the House Financial Services Committee on June 13 and…
Cybersecurity: It's an HR Problem
Constangy Brooks Smith & Prophete LLP | Host Leigh Tyson interviews Partner Billy Hammel of our Dallas Office about cybersecurity, and why it’s an employee relations issue as well as an IT…
NIST Offers a Two-for-One Special on Cybersecurity Updates
Crowell & Moring LLP | The government’s leading authority on cybersecurity standards has issued two updates relevant to government contractors working with DoD sensitive…
Potential conflict and harmony between GDPR and the CLOUD Act
Reed Smith LLP | The U.S. Clarifying Lawful Overseas Use of Data (CLOUD) Act has the potential to create conflicting obligations for companies that must comply with…
Court Denies TRO against Data Scraper That Accessed Private Database via Registered Accounts
Proskauer Rose LLP | This past week, a Texas district court denied a bid from a web service for a temporary restraining order (TRO) to enjoin a competitor that allegedly…
Contract Corner: IP Indemnification
Morgan Lewis | As a follow-up to last month’s posts regarding contract provisions impacting intellectual property ownership, in this month’s Contract Corner we…
Cybersecurity, Privacy & Data Protection Attorney Spotlight - Issue 18 | June 2018
Jones Day | Europe's new General Data Protection Regulation ("GDPR") is driving an evolution in corporate privacy practices globally. As businesses address GDPR…
Hurricane Preparedness Should Include a Plan to Protect Critical Data from a Security Breach
Berger Singerman LLP | As hurricane season resumes for 2018, businesses should prepare for disruptions to networks, critical databases, as well as electrical power sources…
Legal Practice
Use Community Attitude Surveys as an Uncertainty Reduction Strategy
Holland & Hart LLP | Many have observed the continued decline of the civil jury trial. One reason trial by jury is falling out of favor in civil disputes is that parties…
See Ideology as Cognitive and Not Just Political
Holland & Hart LLP | In all facets of persuasion, and human communication for that matter, we are now used to dealing with a pretty polarized world. Addressing or…
Expect the “Fake” to Get Very Real
Holland & Hart LLP | Persuaders win by convincing decision-makers that their story is more “real” than the alternative. But what if the foundation for that choice, the…
Lawyers' risk and regulatory briefing - Summer 2018
Clyde & Co LLP | Welcome to our 2018 Lawyers Risk and Regulatory Briefing, in which we consider emerging trends in the areas of claims, regulation and risk for…
It’s time to leverage legal tech for litigation matters
HighQ | The world’s business landscape is changing, and organizations from around the globe (or across the map, if you’re a flat-earther—I aim for inclusion)…
The Standard for Extending Discovery Deadlines
Morvillo Abramowitz Grand Iason & Anello PC | Last month Magistrate Judge Katharine H. Parker issued an interesting decision in City of Almaty, Kazakhstan v. Ablyazov. In this article, we…
Settlement agreements barring use of public info nixed in ethics opinion
Thompson Hine LLP | After hard-fought proceedings, you’ve finally settled a contentious case on behalf of your client. The plaintiff’s lawyer has brought suit against…
Week 2, Part 2: Figure Out Who Judges the Judges Audio
Patterson Belknap Webb & Tyler LLP | Delegates debate whether lower federal courts are worth the money and how to select judges. Franklin makes an unorthodox proposal. The council of…
Leisure & Tourism
El Supremo estadounidense abre la puerta a la regulación de las apuestas deportivas
Cuatrecasas | Estados Unidos constituye uno de los principales mercados deportivos del mundo. Ligas como la NFL, la NBA, la NHL o la MLB son seguidas por millones…
Litigation
NC Business Court Rejects The Idea Of A “Settlement Privilege” North Carolina
Brooks Pierce McLendon Humphrey & Leonard LLP | Statements made in the course of settlement negotiations are inadmissible at trial, per Rule 408 of the NC Rules of Evidence. But does that dead end…
Insights: Alerts South Dakota v. Wayfair: Three Open Issues
Kilpatrick Townsend & Stockton LLP | Yesterday, in South Dakota v. Wayfair, the United States Supreme Court abandoned its longstanding physical presence nexus standard for sales/use tax…
Texas Justices Take Up Anadarko 100M Coverage Battle Texas
Reed Smith LLP | The Texas Supreme Court agreed Friday to review a lower court’s holding that Anadarko Petroleum Corp. is not entitled to coverage by Lloyd’s of London…
Justice innovations — chucking 20th Century models out the window North Carolina
Brooks Pierce McLendon Humphrey & Leonard LLP | In the clamor about innovation in the legal profession, a singular idea is striking a chord. Real innovation, some are saying, will not consist of new…
Media & Entertainment
TechLaw10, Episode 225: Offside? Spanish Football App Uses Fans’ Phones to Listen for Unlicensed Broadcasts
Duane Morris LLP | TechLaw10 is a 10-minute audio podcast update from U.S. lawyer Eric Sinrod (Duane Morris) and UK lawyer Jonathan Armstrong (Cordery) where they share…
Non-profit Organizations
The Building Block(chain)s of Philanthropy: Exempt Organizations and Blockchain’s Potential
Patterson Belknap Webb & Tyler LLP | In recent months, news of Blockchain technology has filled headlines. The ability of Blockchain—which provides a decentralized means of recording and…
FTC Publishes Guidance on Online Giving Portals
Venable LLP | The Federal Trade Commission (FTC) continues its oversight of charitable fundraising conduct. This month, the FTC issued guidance for both donors who…
Patents
PTAB provides 'informative' guidance concerning motions to amend in <i>inter partes</i> reviews
Fitzpatrick, Cella, Harper & Scinto | On 1 June 2018 the Patent Trial and Appeal Board (PTAB) designated as 'informative' a 25 April 2018 order from Western Digital Corp v…
PTAB Sets Forth Updated Standards for Motions to Amend
Perkins Coie LLP | On June 1, 2018, the Patent Trial and Appeal Board (“PTAB”) designated as informative its April 25, 2018 order regarding Motions to Amend. . The…
Winner’s Playbook: Behind The Scenes Of The SAS Case
Jones Day | On April 24, 2018, in SAS Institute Inc. v. Iancu, a closely divided U.S. Supreme Court fundamentally changed the way that the Patent Trial and Appeal…
Seeking Attorneys’ Fees Under the Patent Act? Early and Clear Notice of an Opposing Party’s Deficient Litigation Conduct Is a Prerequisite for a Successful Motion
Squire Patton Boggs | The Federal Circuit recently issued a precedential decision in Stone Basket Innovations, LLC v. Cook Medical LLC, No. 2017-2330 that has important…
Supreme Court Rules that Patentee Can Recover Lost Foreign Profits Arising from U.S. Infringement
Fried Frank Harris Shriver & Jacobson LLP | On June 22, 2018, the Supreme Court decided WesternGeco LLC v. ION Geophysical Corp., No. 16-1011, and held that a patent owner can recover damages…
CAFC Remands for Further Fact-Finding on Public Accessibility of a Video and Presentation Asserted as Prior Art
Finnegan, Henderson, Farabow, Garrett & Dunner LLP | Medtronic appealed PTAB decisions in two IPR proceedings upholding all challenged claims directed to pedicle screws for spinal derotation surgery. The…
BPTO extends the period for requesting priority examination under the PPH with the USPTO
DANIEL Legal & IP Strategy | In complement of Rule # 154 of December 21, 2015, the Brazilian PTO published today (January 30, 2018) Rule # 210/2018 of January 26, 2018, which…
Supreme Court Holds That Patent Owners Can Recover Under 35 U.S.C. §271(f)(2) Lost Profits Damages Based On Foreign Acts
Fitzpatrick, Cella, Harper & Scinto | WesternGeco LLC v. ION Geophysical Corp., No. 16-1011, holding that patent owners can recover lost profits damages under 35 U.S.C. §271(f)(2) based on…
“Blatant and Unapologetic” Judge Shopping Warrants “Exceptional Case” Determination
Proskauer Rose LLP | In a dramatic conclusion to the nearly seven year old patent litigation between Datatern and Microstrategy (including a number of Microstrategy’s…
The Patent Act Allows for Full Compensation for All Forms of Infringement
Mintz Levin | Patent owners have a new arrow in their quiver. The Supreme Court has held that patent owners can recover foreign lost profits for the use or sale of…
BREAKING: High Court Says Patent Owners Can Recover Foreign Damages
O'Melveny & Myers LLP | On June 22, 2018, the Supreme Court announced its decision in WesternGeco LLC v. ION Geophysical Corp., No. 16-1011, __ S. Ct. __, Slip Op. at 2-3…
With its Vanda Pharma and Berkheimer memos, USPTO provides increased clarity around personalized medicine patent eligibility
Mintz Levin | In the time since the Federal Circuit issued its Vanda Pharma decision in April, Vanda Pharm. Inc. v West-Ward Pharm. Intl. Ltd. 887 F.3d 1117 (Fed…
Insights: Alerts “Foreign Lost Profits” for Infringement of U.S. Patents
Kilpatrick Townsend & Stockton LLP | Today, in a 7-2 opinion authored by Justice Thomas, the U.S. Supreme Court held that patentees can “recover for lost foreign profits” when a defendant…
Motions for Additional Discovery at the PTAB
Rothwell, Figg, Ernst & Manbeck, PC | The Patent Trial and Appeal Board (“PTAB”) rarely grants motions for additional discovery filed by a party in an inter partes review (“IPR”)…
Product Regulation & Liability
Illinois company issues voluntary recall on melon.
DLA Piper | On June 8, Illinois-based Caito Foods voluntarily recalled its fresh-cut watermelon, honeydew melon and cantaloupe because of an outbreak of…
Movement to ban plastic drinking straws is growing.
DLA Piper | Food and hospitality sector businesses are among the entities worldwide addressing the crisis in plastic pollution, many of them by announcing bans…
Federal “Spring Water” Standards Runneth Over State Claims
Proskauer Rose LLP | We often cover cases in which false advertising claims brought under state law are challenged as preempted by a federal regulatory scheme. Poland…
Federal “Spring Water” Standards Runneth Over State Claims
Proskauer Rose LLP | We often cover cases in which false advertising claims brought under state law are challenged as preemptedby a federal regulatory scheme. Poland…
The Strange Case Of Griffith v. Blatt Oregon
Reed Smith LLP | We’ve seen Griffith v. Blatt, 51 P.3d 1256 (Or. 2002), cited - and not just by plaintiffs - for broad propositions, like Oregon abolished the learned…
New bill is introduced to provide uniform federal food-labeling regime
DLA Piper | A US senator and two US representatives introduced a bill June 8 that would set out uniform federal labeling requirements for consumer products…
FTC Staff Submits Comment to CPSC on Potential IoT Safety Hazards
Keller and Heckman LLP | The Consumer Product Safety Commission (CPSC) held a public hearing on May 16, 2018 on the potential safety risks and hazards related to connected…
Article proposes technological solution for food contamination woes
DLA Piper | A June 9 op-ed in IoT For All, an online technology journal covering the Internet of Things, opined that the ultimate solution to food-safety issues…
Professional Negligence
Medical Malpractice: Missouri's Health Care Affidavit Statute is Constitutional - Comply or Face Dismissal Missouri
Baker Sterchi Cowden & Rice LLC | When will plaintiffs learn? In Hink v. Helfrich, the Missouri Supreme Court has recently added yet another to a long line of Missouri decisions…
Medical Malpractice: Strict Compliance with the Missouri Health Care Affidavit Statute is a Must Missouri
Baker Sterchi Cowden & Rice LLC | In a procedurally convoluted case entitled Mayes v. St. Luke’s Hospital of Kansas City, the Missouri Supreme Court has issued a straightforward…
Projects & Procurement
Colorado’s Snow Removal Service Liability Limitation Act Restricts Enforceability of Indemnity Provisions
Wilson Elser | On May 30, 2018, Colorado Governor John Hickenlooper signed into law Senate Bill 18-062, referred to as the “Snow Removal Service Liability Limitation…
Public
The D’Souza Pardon, Briefly Explained
Perkins Coie LLP | President Donald J. Trump tweeted that he “[w]ill be giving a Full Pardon to Dinesh D’Souza today. He was treated very unfairly by our government!”…
MLB’s Tough Position on Sports Betting Extends to Advertising
Klein Moynihan Turco LLP | The Chief Legal Officer of Major League Baseball (“MLB”) recently released a memo reiterating to the league’s organizations that accepting sports…
Week 2, Part 1: Push Past Your Fear of Kings Virginia Audio
Patterson Belknap Webb & Tyler LLP | Virginia presses its plan with broad outlines for the executive, legislative, and judicial branches. Fear and loathing of a return to a monarchy. The…
Legal Rights of Fraternities and Sororities as Single-Sex Organizations
Barnes & Thornburg LLP | Fraternities' and sororities' rights to remain single-sex organizations are front and center in the current legislative session. With the 2018 version…
Peter Feldman’s Confirmation Hearing for the CPSC Commissioner Spot Puts the CPSC a Step Closer to a Republican Majority
Kelley Drye & Warren LLP | On June 21, the Senate Committee on Commerce, Science, and Transportation held a hearing on Peter Feldman’s nomination for Commissioner of the…
Real Estate
Florida Extends Filing Time for Claims Subject to the Statute of Repose Florida
White and Williams LLP | Under Florida’s construction-related statute of repose, Fla. Stat. § 95.11, actions based on the design, planning or construction of an improvement to…
Does Your Lease Read like a Deed? Supreme Court of Virginia Weighs in on Execution Requirements for Most Leases in The Game Place, L.L.C. v. Fredericksburg 35, LLC Virginia
Seyfarth Shaw LLP | The Supreme Court of Virginia issued a unanimous opinion recently holding a 15-year commercial lease unenforceable since it was not executed with the…
National vs. Local Housing Organizations: Which Structure Works Best for a Chapter?
Barnes & Thornburg LLP | For most fraternity and sorority members, a chapter house is an essential ingredient in the Greek life experience. However, student members, acting…
Be Careful Where You Park: Circuit Finds No Legitimate Expectation of Privacy in Common Residential Lot
Patterson Belknap Webb & Tyler LLP | Earlier this year, in Collins v. Virginia, the U.S. Supreme Court held that the “automobile exception” to the warrant requirement does not authorize…
New report: Think Smart - The Future of Office Space
Bryan Cave Leighton Paisner (BLP) | In our new report, we combine our experience as the leading real estate sector firm with our clients’ first-hand views. ‘Think Smart - The Future of…
Tax Certification When Transferring Real Estate
Dickinson Wright | Considering transferring real estate by quit claim deed when your client is transferring his or her home to his or her Trust? Instead, consider…
Property Managers Lack Standing to Bring Eviction Actions on Behalf of Property Owners Massachusetts
Murtha Cullina LLP | In a decision issued on May 15, 2018, the Supreme Judicial Court of Massachusetts ("SJC") clarified the issue of who has legal standing to bring…
Drafting and Negotiating Tenant Allowance Clauses
Torkin Manes LLP | In negotiating a commercial lease, the landlord may agree to provide the tenant with funds or credit known as a Tenant Allowance or Tenant Inducement…
Shipping & Transport
TechLaw10, Episode 226: Uber Gets Into Practically All Forms of Transportation
Duane Morris LLP | TechLaw10 is a 10-minute audio podcast update from U.S. lawyer Eric Sinrod (Duane Morris) and UK lawyer Jonathan Armstrong (Cordery) where they share…
Tax
Kentucky Supreme Court limits charitable tax exemption to property taxes only Kentucky
Bingham Greenebaum Doll LLP | Delving deeply into the history of the charitable exemption from taxes under Section 170 of the Kentucky Constitution as well as the use tax, the…
The Bell Tolls for Quill’s Physical Presence Standard
Ropes & Gray LLP | On June 21, 2018, the Supreme Court ruled 5-4 in South Dakota v. Wayfair et al. that the Constitution does not prevent the State of South Dakota from…
LB&I New Campaigns Focus on Withholding and International Individual Compliance
Baker McKenzie | On May 21, 2018, the IRS Large Business and International Division (LB&I) announced its identification and approval of six additional compliance…
South Dakota v. Wayfair
Perkins Coie LLP | Yesterday, the U.S. Supreme Court overruled more than 50 years of Commerce Clause precedent to hold that a state may require an out-of-state retailer…
A Changed World: The Supreme Court Permits State and Local Taxation of Online Sales by Retailers with No State Presence
Goulston & Storrs PC | With the growing and evolving retail world, which we have discussed before, one thing had remained constant: retailers did not have to collect sales…
Texas Tax Amnesty Program Runs Through June 29th
Baker McKenzie | On May 1, 2018, the Texas Comptroller of Public Accounts (the "Comptroller") began its first tax amnesty program in six years. The Texas Tax Amnesty…
Look Back Approach in Taxability of Earn Out Consideration
Baker McKenzie | In a reverse subsidiary merger in which contingent stock rights in parent shares were given to target shareholders (“earn out consideration”), the IRS…
A new life for leveraged partnership structures; Treasury and the IRS issue proposed regulations under the disguised sale rules
Eversheds Sutherland (US) LLP | On June 19, 2018, Treasury and the Internal Revenue Service (IRS) published proposed regulations (REG-131186-17) (2018 Proposed Regulations)…
Supreme Court Overturns Physical Presence Rule for Sales Tax Collection
Jones Day | The U.S. Supreme Court held in South Dakota v. Wayfair that the Commerce Clause does not require a retailer to be physically present before a state…
The U.S. Supreme Court Changes Sales and Use Tax Collection Nexus South Dakota
Pillsbury | The Supreme Court in South Dakota v. Wayfair, Inc. overruled the “physical presence” requirement as “unsound and incorrect” and ruled that…
Yeehaw! McDermott’s Tax Weekly Round Up
McDermott Will & Emery | Here’s what happened in the world of IRS guidance for the week June 11 - 15, 2018. June 11, 2018: The IRS issued Notice 2018-55 describing potential…
They killed Quill. What’s next?
Reed Smith LLP | In 1967’s Bellas Hess decision, the Supreme Court first held that in order for a state to require a remote seller to collect sales tax on its behalf…
Supreme Court Opens Door to Online Sales Tax
McGuireWoods LLP | On June 21, breaking with nearly half a century of legal precedent, the U.S. Supreme Court ruled 5-4 in South Dakota v. Wayfair, Inc. that online…
South Dakota v. Wayfair, Inc.
Skadden Arps Slate Meagher & Flom LLP | The U.S. Supreme Court upended 51 years of precedent on Thursday, June 21, 2018, when it held in a 5-4 decision that a state can require an online…
Nexus in a Post-Wayfair World
Fredrikson & Byron PA | A merchant of goods and services that makes sales in multiple states is no longer required to have physical presence in a state in order to be subject…
Supreme Court Expands Sales Tax Nexus in Wayfair with Wide Reach to Multistate Businesses
Bass, Berry & Sims PLC | Yesterday, the United States Supreme Court released its 5-4 decision in South Dakota v. Wayfair permitting states to require online and other remote…
New Field Attorney Advice Explores the Intersection of § 1253 with the Anti-Churning Rules of § 197
Fenwick & West LLP | A new IRS legal advice memorandum addresses a fact pattern that may become more common in the wake of Tax Reform—sale of intangible property from a…
Supreme Court Rules States May Require Some Out-of-State Businesses to Collect Sales Tax South Dakota
Winston & Strawn LLP | In a case of major importance to both online and brick-and-mortar retailers, the Supreme Court has overruled the half-century-old “physical presence…
Section 355 Developments: Private Letter Rulings 201817001 and 201818010
Baker McKenzie | The IRS recently released two private letter rulings regarding Code Section 355: PLR 201817001 (April 27, 2018) and PLR 201818010 (May 4, 2018). In…
Quill is Dead - US Supreme Court Overrules "Physical Presence" Rule for Vendor Sales and Use Tax Collection Responsibility
Bryan Cave Leighton Paisner (Bryan Cave) | On June 21, 2018, the United States Supreme Court, in a 5-4 decision, issued its opinion in South Dakota v. Wayfair, Inc. (Docket No. 17-494)…
Supreme Court Upends Tax Rules for Remote Sellers South Dakota
Baker & Hostetler LLP | On June 21, 2018, the U.S. Supreme Court rendered a decision with broad implications for merchants selling in multiple states. South Dakota v. Wayfair…
Some states take steps to bar local soda taxes.
DLA Piper | A June 1 report in Winsight Grocery Business reports that the Michigan and Arizona legislatures have recently passed laws that ban localities in…
Supreme Court Holds Stock Options Are Not Taxable under the RRTA
Littler Mendelson PC | On June 21, 2018, the Supreme Court held in Wisconsin Central Ltd. v. United States that railroad stock options are not taxable compensation under the…
Telecoms
Telecom Alert - 911 Reliability Rules; IP Transition; NTIA Oversight Hearing; AT&T Agreement with San Jose; Proposed Q3 USF Contribution Factor; FCC Revokes Metro Two-Way Licenses; FCC Nomination Hearing - Vol. XV, Issue 25
Keller and Heckman LLP | Last week, the FCC’s Public Safety and Homeland Security Bureau issued a Public Notice seeking comment on its 911 Reliability rules. The Commission…
21st Century Fox Accepts Amended Disney Offer
Paul Weiss | On Wednesday, Twenty-First Century Fox (21CF) accepted an "amended and restated" agreement with The Walt Disney Company through which Disney would…
FCC Publishes Draft Rulemaking Notice to Promote Flexible Use of C-Band
Paul Weiss | Following up on a Notice of Inquiry (NOI) issued last year, FCC Chairman Ajit Pai issued a draft copy of a Notice of Proposed Rulemaking (NPRM)…
At Confirmation Hearing, Starks Pledges to Advance FCC’s “Core Mission”
Paul Weiss | At his Senate confirmation hearing on Wednesday, FCC nominee Geoffrey Starks promised that, if he is approved to assume the seat vacated recently by…
Trade & Customs
Irreconcilable Differences?: US Sanctions on Iran and the Proposed EU Blocking Regulation
Bryan Cave Leighton Paisner (Bryan Cave) | The recent decision by the US Government to pull out of the Joint Committee Plan of Action (JCPOA) and to re-impose sanctions against Iran poses a…
Tariff War: What to Expect and How to Prepare
Adams and Reese LLP | The trade confrontation between the U.S. and a number of its trading partners has resulted in new tariffs on goods worth hundreds of billions of…
USTR Issues Additional Tariffs on Chinese Products in Response to Section 301 Investigation
Winston & Strawn LLP | On June 15, 2018, the United States Trade Representative (“USTR”) released a list of 818 categories of products imported from China that will be…
Shifting Trade Policies Impact Business Decisions
Jones Day | Major trade initiatives were announced by the Trump Administration last year, including (i) actions aimed at China pursuant to Section 301 of the…
TTB Accepts $900,000 Offer in Compromise from Warsteiner as it Ramps up Trade Practice Enforcement
Graydon Head & Ritchey LLP | If you make or wholesale alcohol, then you certainly know the Alcohol and Tobacco Tax and Trade Bureau (or “TTB”). The agency, which spun off from ATF…
US trade barriers: the developing impact and international response
Burges Salmon LLP | In March 2018, President Trump announced that the US would be introducing a 25% import tax on steel and a 10% import tax on aluminium to protect…
Tariff Wars Escalate: USTR Announces Tariff Increases on a Wide Range of Chinese Products and China Responds with Tariffs on US Products Including Agriculture, Whiskey and Autos
Pillsbury | Following President Trump’s direction in connection with the Section 301 investigation into China’s acts, policies and practices related to…
Section 301 Tariffs on Chinese Goods -- What to Do Now
Dickinson Wright | On June 15, the Office of the U.S. Trade Representative (“USTR”) announced that the United States will implement a 25% ad valorem tariff on certain…
June 22, 2018 - EU Retaliation Tariffs Begin - Apparel and Fashion Affected
Crowell & Moring LLP | Beginning on Friday, June 22, 2018, US exports to the European Union will face an extra duty at their border. These products include U.S. steel and…
Trademarks
Update: Second Circuit Affirms Dismissal of Lanham Act Claims Based on Allegedly False UL Certification
Proskauer Rose LLP | Last fall, we covered the Southern District of New York’s dismissal of Board-Tech Electronic Company’s Lanham Act false advertising claim. Based on…
Trademarking Shape-Colour Combinations: The CJEU Pronounces Itself on Christian Louboutin’s Famous Red Sole New York
MAMO TCV Advocates | Some readers may be familiar with the 2011 case filed by Mr. Louboutin against fashion giants Yves Saint Laurent over the former's US trademark…
Caiz v. Roberts
Loeb & Loeb LLP | Ninth Circuit reverses district court's grant of summary judgment to rapper Rick Ross on trademark infringement claim brought by rival rapper related…
Is "zero" a generic term for calorie/carb free soda, energy drinks and sports drinks?
Frankfurt Kurnit Klein & Selz PC | Is "zero" a generic term for calorie or carbohydrate free soda, energy drinks and sports drinks? That question is at the heart of a long running…
Importance of Trademarks for Greek Organizations
Barnes & Thornburg LLP | Trademarks are especially important to Greek organizations, as they help distinguish your organization and services from those of other organizations…
White Collar Crime
SEC Enforcement Co-Director Gives Guidance for Wells Process, Part 2
Proskauer Rose LLP | On June 4, we posted a summary of SEC Enforcement Co-Director Steven Peikin observations during his recent keynote address at the New York City Bar…
Top Ten International Anti-Corruption Developments for May 2018
Morrison & Foerster LLP | In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international…
Supreme Court Rules SEC Administrative Law Judges Are Subject to the Appointments Clause
Fried Frank Harris Shriver & Jacobson LLP | On June 21, 2018, the Supreme Court resolved a circuit split concerning the constitutionality of the U.S. Securities and Exchange Commission's (“SEC”)…
Supreme Court Finds Appointment of SEC ALJs Unconstitutional - What’s Next?
Stinson Leonard Street LLP | In Lucia v. Securities and Exchange Commission, the SEC brought an administrative action before one of its administrative law judges, or ALJ’s…
SEC Enforcement Co-Director Gives Guidance for Wells Process, Part 2
Proskauer Rose LLP | On June 4, we posted a summary of SEC Enforcement Co-Director Steven Peikin observations during his recent keynote address at the New York City Bar…
Wills & Probate
It’s No Surprise that the Administrator for the Estate of Whitney Houston’s Daughter Quit
Cozen O'Connor | When pop superstar Whitney Houston died in 2012 at the age of 48, she left her entire estate to her only child, Bobbi Kristina Brown - who was just 19…
James Brown’s Family Still Fighting Over His Estate 11 Years After His Death South Carolina
Cozen O'Connor | The “Hardest Working Man in Show Business” probably would have been exhausted just hearing about all of the infighting over his will. Eleven years…
Latin America & Caribbean
Argentina
Employee Benefits & Pensions
Changes to retirement and tax on severance payments
Taylor Vinters LLP | In Argentina, individual relationships between employers and employees are regulated by the National Employment Law (“NEL”), which has been amended in…
White Collar Crime
It’s time to double down on Latin America
Control Risks | Latin America is slowly but steadily catching-up with international anti-corruption enforcement trends. Countries like Colombia, Mexico, Guatemala…
Bermuda
Insurance
Insurtech: Demystifying the Hype
Conyers Dill & Pearman | Every insurance and reinsurance related event lately has had at least one panel on a particular topic that almost no-one had heard of a couple of…
Brazil
Employment & Labor
Employee accountability in labour litigation
Taylor Vinters LLP | An overhaul of Brazilian labour law came into force in November 2017. One of the key changes was made to the procedural system, which has increased…
Patents
BPTO extends the period for requesting priority examination under the PPH with the USPTO
DANIEL Legal & IP Strategy | In complement of Rule # 154 of December 21, 2015, the Brazilian PTO published today (January 30, 2018) Rule # 210/2018 of January 26, 2018, which…
White Collar Crime
It’s time to double down on Latin America
Control Risks | Latin America is slowly but steadily catching-up with international anti-corruption enforcement trends. Countries like Colombia, Mexico, Guatemala…
British Virgin Islands
Company & Commercial
Segregated Portfolio companies in the British Virgin Islands
Carey Olsen | A segregated portfolio company (“SPC”) is incorporated under the BVI Business Companies Act, 2004 (as amended) (the “BCA”). It is possible for a…
Private Client & Offshore Services
Micro Business Companies Act, 2017
Ogier | The BVI has, for many years, been a key jurisdiction in the international business community with over 350,000 active business companies domiciled…
Cayman Islands
White Collar Crime
Developments in Cayman Anti-Money Laundering regime
Loeb Smith | The AML Revision The Anti-Money Laundering Regulations (2018 Revision) of the Cayman Islands (AML Regulations) have expanded the scope of the Cayman…
Chile
Environment & Climate Change
Pampa Camarones mining project penalised for damage to archaeological site
Montt y Cia SA | The government recently filed a compensation claim for environmental damage against mining company Pampa Camarones. The claim was based on the fact…
White Collar Crime
It’s time to double down on Latin America
Control Risks | Latin America is slowly but steadily catching-up with international anti-corruption enforcement trends. Countries like Colombia, Mexico, Guatemala…
Colombia
Public
Polarized Colombia Elects a New President
Squire Patton Boggs | Like the United States, Colombia has similarly become very polarized over the past few years. Simply put, this dichotomy involves (1) those who…
White Collar Crime
It’s time to double down on Latin America
Control Risks | Latin America is slowly but steadily catching-up with international anti-corruption enforcement trends. Countries like Colombia, Mexico, Guatemala…
Cuba
Trademarks
Cuba issues first consumer protection rules, IHOB “a flop”, and cost of a country rebrand: news round-up
World Trademark Review | Every Tuesday and Friday, World Trademark Review presents a round-up of news, developments and insights from across the trademark sphere. In our…
Ecuador
White Collar Crime
It’s time to double down on Latin America
Control Risks | Latin America is slowly but steadily catching-up with international anti-corruption enforcement trends. Countries like Colombia, Mexico, Guatemala…
Guatemala
White Collar Crime
It’s time to double down on Latin America
Control Risks | Latin America is slowly but steadily catching-up with international anti-corruption enforcement trends. Countries like Colombia, Mexico, Guatemala…
Mexico
Banking
Se prorroga la entrada en vigor del Pago Electrónico de Comercio Exterior (PECE).
Basham, Ringe y Correa SC | El día de hoy, se publicó en el Diario Oficial de la Federación el “Acuerdo que modifica las Reglas de carácter general para la recepción de…
Company & Commercial
New Disclosure Obligations for Mexican Entities
Mayer Brown | This Legal Update addresses recent amendments ("Amendments") to the Mexican General Law of Commercial Companies ("LGSM") published in the Federal…
Copyrights
Right to free speech versus online copyright protection: are radical measures needed?
Becerril Coca & Becerril SC | The Supreme Court of Justice recently considered the legal relationship and boundaries between the right to free speech and the enforcement of…
IT & Data Protection
Publication of the approval of Convention 108
Basham, Ringe y Correa SC | In compliance with internal Law regarding the conclusion and approval of International Treaties, on June 12, the President published in the Official…
Trade & Customs
Tariff War: What to Expect and How to Prepare
Adams and Reese LLP | The trade confrontation between the U.S. and a number of its trading partners has resulted in new tariffs on goods worth hundreds of billions of…
White Collar Crime
It’s time to double down on Latin America
Control Risks | Latin America is slowly but steadily catching-up with international anti-corruption enforcement trends. Countries like Colombia, Mexico, Guatemala…
Panama
Healthcare & Life Sciences
PN: Adecuaciones en la regulación de Dispositivos Médicos
Arias | El pasado 23 de abril de 2018, el Ministerio de Salud emitió la Resolución No. 600, por medio de la cual se deroga la previa Resolución No. 72 de 9 de…
Peru
White Collar Crime
It’s time to double down on Latin America
Control Risks | Latin America is slowly but steadily catching-up with international anti-corruption enforcement trends. Countries like Colombia, Mexico, Guatemala…
Asia Pacific
Competition & Antitrust
Asia Pacific Competition Quarterly Newsletter I June 2018
Baker McKenzie | Welcome to the June 2018 issue of our quarterly Asia Pacific newsletter on competition law. The aim is to give you a regular, brief…
Australia
Capital Markets
Our analyst is in hiding: what companies need to know about ASIC’s guidance on sell-side research
Gilbert + Tobin | In December 2017, ASIC released Regulatory Guide 264 Sell-side research (RG 264). This new guidance will affect the extent to which research analysts…
ASIC will extinguish FFSP relief … unless convinced otherwise
Herbert Smith Freehills LLP | ASIC is consulting on the repeal of two ASIC instruments which currently provide conditional relief to FFSPs providing financial services to wholesale…
A new financial dispute resolution scheme on the horizon - what you need to know now
Clayton Utz | Financial firms, including superannuation trustees, will need to get ready now for the Australian Financial Complaints Authority, the new external…
Company & Commercial
Hidden in plain sight: what modern slavery reporting requirements will mean for your business
Holding Redlich | Part 1 - Introduction to the Australian Modern Slavery in Supply Chains Reporting Requirements In late 2017 the Commonwealth Government announced…
Contracts of Sale , Leases and Electronic Communication: Bound before you know it?
13 Wentworth Selborne Chambers | Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) held that a signature on a contract means a person is, except in the case of deceit or fraud, is…
Competition & Antitrust
Considerations for media and telco vertical mergers in the rise of the digital media age
Clayton Utz | Traditional media continues to be disrupted by digital technologies, but there are differing views about whether the merging of media companies will…
Construction
Corrs High Vis: Episode 27 - Developing Positive Cultures
Corrs Chambers Westgarth | In our latest Corrs High Vis podcast, we take a closer look at building positive cultures, particularly for younger women, in the construction and…
The brave new world of BIM, "megatrends" and digitalisation: is the construction industry ready?
Clayton Utz | A recent report by the World Economic Forum and the Boston Consulting Group suggests that the construction sector is lagging behind other industries…
Corporate Finance/M&A
A change in ATO approach to demergers?
Greenwoods & Herbert Smith Freehills Pty Ltd | A demerger is a transaction where a company distributes shares in a subsidiary to its shareholders. Division 125 of the Income Tax Assessment Act 1997…
Employee Benefits & Pensions
New legislation encourages employers to proactively address historic SG shortfalls
Herbert Smith Freehills LLP | The Minister for Revenue and Financial Services has announced a proposed 12 month Superannuation Guarantee (SG) amnesty to incentivise employers to…
Employment & Labor
Occupier liable for puddle in median strip
HopgoodGanim | Trips and slips on outdoor ground surfaces are regularly the subject of personal injuries litigation in Australia. Such surfaces are subject to wear…
Employment status of Uber drivers
Taylor Vinters LLP | In contrast to a recent UK decision, Uber drivers have been classified as independent contractors by Australia's Fair Work Commission. A 2016…
What's News in Immigration Law? - 25 June 2018
Holding Redlich | Migration Amendment (Visa Application Charges) Regulations 2018 These regulations amend the Migration Regulations 1994 to make changes to visa…
Flexibility in the workplace: does it actually work?
Keypoint Law | Flexible working arrangements have become more and more popular over the years. Traditionally, this was something used by working mothers and carers…
National Minimum Wage to increase by 3.5% from 1 July 2018
Clayton Utz | In its decision, the Fair Work Commission ordered an increase to the national minimum wage and modern award minimum wage rates of 3.5%. Australia's…
Healthcare & Life Sciences
AMA NSW supports safe access zones for women’s health services
Russell Kennedy | On 24 May 2018, the Public Health Amendment (Safe Access to Reproductive Health Clinics) Bill 2018 (“Bill”) passed the NSW Legislative Council without…
Indemnity insurance changes possible
Russell Kennedy | A review of the Indemnity Insurance Fund (“IIF”) and seven associated schemes was recently completed and a report provided to the Department of Health…
Coroner urges for laxatives to be pharmacist-only medication
Russell Kennedy | A South Australian coroner has recommended that laxatives be classed as ‘pharmacist-only medications’ following the death of a 28 year old woman…
Insolvency & Restructuring
The section 133(9) shakedown: how the law fails to protect caveators in cases of onerous covenants
Barraket Stanton Lawyers | The law currently provides an easy out for trustees of a bankrupt, specifically in respect of real property...
Internet & Social Media
When auto-complete goes wrong: High Court gives green light to defamation action for Google search results
Clayton Utz | A recent High Court decision has opened the door to defamation proceedings that could affect search engine providers, as well as other businesses…
Does the law of defamation apply in search engine results?
Maddocks | Following a recent High Court Decision, a plaintiff will be able to proceed in litigation against Google LLC (Google) for claims that Google defamed…
IT & Data Protection
Family Planning NSW targeted by hackers with ransom demand
Russell Kennedy | Family Planning NSW recently had its website hacked by a group threatening to release confidential data unless a ransom was paid. Family Planning NSW…
Regulation of autonomous vehicle safety systems - ntc recommends national legislative regime and a primary safety duty
Clayton Utz | The National Transport Commission has identified its preferred approach to regulating autonomous vehicle safety systems, for which it is seeking…
Media & Entertainment
AHPRA releases new tool to help guide use of testimonials in advertising
Russell Kennedy | The Australian Health Practitioner Regulation Agency (“AHPRA”) has recently launched a new tool to assist practitioners and advertisers understand…
Projects & Procurement
One Security of Payment Regime to rule them all?
Corrs Chambers Westgarth | The plural is telling. It is no news to anyone in the industry that there is different legislation in each State and Territory. This legislation has…
Real Estate
Impending Changes to Contractual Termination Rights (Ipso Facto Reforms) and its Impact on Leases and Other Property Transactions
K&L Gates | In this newsletter, we will explore how the new impending ipso facto reforms, which come into effect on 1 July 2018, could affect landlords under…
Tax
Commissioner reframes CMC test
Greenwoods & Herbert Smith Freehills Pty Ltd | In TR 2018/5 and PCG 2018/D3, the Commissioner has used the High Court decision in Bywater as an opportunity to reframe the central management and…
Trademarks
Pirates, rum and a bit of Shakespeare - a cause for trade mark confusion?
Watermark Intellectual Property | In an entertaining decision reflecting the quirky popular fascination with all things ‘pirate’, while all parties agreed that buccaneers and rum are…
The branding mistake many new businesses are making
Griffith Hack | Your brand. It’s important. But brand positioning is often the first ‘fail’ people make when entering into the business world. Why is this? Because…
White Collar Crime
Australia: Modern slavery legislation introduced into NSW New South Wales
Herbert Smith Freehills LLP | New South Wales has become the first Australian jurisdiction to introduce specific modern slavery legislation. The NSW Modern Slavery Act (NSW Act) is…
Cambodia
Employee Benefits & Pensions
Recent social security developments
Taylor Vinters LLP | 2016 and 2017 have seen significant developments in Cambodia with respect to social security, which have provided additional responsibilities for…
Employment & Labor
Draft law regarding fixed term contracts
Taylor Vinters LLP | Recently the Cambodian Ministry of Labour and Vocational Training has drafted a Prakas (regulation) regarding the term and determination of fixed term…
China
Construction
房地产工程纠纷 | 工程项目部及其负责人员的民事行为法律后果应由谁承担？
King & Wood Mallesons | 施工企业的工程项目部是建设工程领域常见的行为主体。实践中，施工企业作为承包人组建的工程项目部代表承包人实际承担工程联络、工程组织、各方沟通接…
Corporate Finance/M&A
Obtaining Sustainable Development Rights in Outbound PPP Projects
Herbert Smith Freehills LLP | Overseas PPP projects are in essence a long-term cooperation between the investors and the host country government. The Government is the client to…
Product Regulation & Liability
State Council provides further favourable policies for the drug industry
CMS | In an executive meeting on 20 June 2018, the State Council of the People's Republic of China ("State Council") announced several favourable policies…
Tax
合规创造价值 | 重拳打击虚开发票下，合规企业勿遭“池鱼之殃”
King & Wood Mallesons | 2018年4月19日，国家税务总局举行新闻发布会，介绍2017年打击虚开骗税工作开展情况，同时公布了7起2017年打骗打虚专项行动典型案例。根据报道，2017年…
Trade & Customs
Tariff War: What to Expect and How to Prepare
Adams and Reese LLP | The trade confrontation between the U.S. and a number of its trading partners has resulted in new tariffs on goods worth hundreds of billions of…
Tariff Wars Escalate: USTR Announces Tariff Increases on a Wide Range of Chinese Products and China Responds with Tariffs on US Products Including Agriculture, Whiskey and Autos
Pillsbury | Following President Trump’s direction in connection with the Section 301 investigation into China’s acts, policies and practices related to…
Section 301 Tariffs on Chinese Goods -- What to Do Now
Dickinson Wright | On June 15, the Office of the U.S. Trade Representative (“USTR”) announced that the United States will implement a 25% ad valorem tariff on certain…
India
Company & Commercial
India: Clarifications on Condonation of Delay Scheme, 2018
SS Rana & Co | The Condonation of Delay Scheme, 2018 (hereinafter referred to as the “Scheme”) was introduced by the Ministry of Corporate Affairs (hereinafter…
India: Qualifications of Independent Director
SS Rana & Co | The Ministry of Corporate Affairs (hereinafter referred to as "MCA") has amended the Companies (Appointment and Qualification of…
Series on Boiler Plate Clauses - Part 1
Obhan & Associates | Boilerplate clauses are standard clauses that find their place under the miscellaneous section of a commercial agreement. Under most circumstances…
Copyrights
Applying for copyright in computer programmes, apps and websites
Obhan & Associates | The Copyright Office recently put out its final Practice and Procedure Manual for examinations of applications in literary, artistic, musical…
Corporate Finance/M&A
Indian companies having foreign investment to ensure reporting compliance by July 12
Obhan & Associates | All Indian entities receiving any form of foreign investment are required to report the same to the Reserve Bank of India (“RBI”). At present, 12…
Designs and trade secrets
Novelty and fraudulent imitation of designs
Obhan & Associates | In a rare design judgement from India (see), a Division Bench of the Madras High Court, held that an infringement case is made out if the essential…
India: Developing Jurisprudence on Trade Dress
SS Rana & Co | Trade dress essentially refers to the visual appearance of the product. This includes the package, shape, pattern, design, graphics and even the…
Healthcare & Life Sciences
India: Food Fortification
SS Rana & Co | Food Fortification is the process of deliberately increasing the content of essential micronutrients in a food so as to improve the nutritional…
Immigration
Pat Saini named Professional of the Year at UK-India Awards 2018
Penningtons Manches LLP | Pat Saini, partner and head of immigration at Penningtons Manches, was last night presented with the award for Professional of the Year at a…
Real Estate
MahaRERA to have jurisdiction even where agreement for sale is cancelled prior to RERA
Khaitan & Co | On 4 June 2018 the Maharashtra Real Estate Regulatory Authority (MahaRERA) passed an order (Order) in the case of Champatlal Jain, Parvin Dumasia and…
Trademarks
Trademarks, banks, and res judicata
Obhan & Associates | The Supreme Court recently went into the question of res judicata (i.e., the principle of law which states that an issue already adjudicated by a…
Christian Louboutin red sole failed to qualify as a Trademark!
RNA Technology and IP Attorneys | While Christian Louboutin had a favourable decision from European Court of Justice (ECJ), in similar circumstances, the High Court of Delhi dismissed…
Indonesia
Employment & Labor
Recruitment and wage & hour law in Indonesia
SSEK Indonesian Legal Consultants | A structured guide to background checks, recruitment and wage & hour law in Indonesia
Japan
Company & Commercial
Pre-Dispute Checklist for Corporate Counsel in Japan
King & Wood Mallesons | When your contract has been breached, how long do you have before you must commence legal proceedings (or lose your right to do so)? Some contracts…
Malaysia
Tax
Asia Pacific Tax News and Developments: Malaysian Tax Administration Reaction to BEPS
Baker McKenzie | As tax administrations worldwide continue to scrutinize and focus on tax structures implemented by multinational companies, the Malaysian tax…
New Zealand
Competition & Antitrust
Considerations for media and telco vertical mergers in the rise of the digital media age
Clayton Utz | Traditional media continues to be disrupted by digital technologies, but there are differing views about whether the merging of media companies will…
Construction
Construction Law Update - June 2018
Hesketh Henry | This note summarises recent construction law decisions and developments in New Zealand...
Singapore
Capital Markets
Emerging trends in co-investing alongside funds in Asia
King & Wood Mallesons | Offering co-investment opportunities to certain fund investors is a key trend for fund sponsors in establishing alternative investment funds. Once an…
Media & Entertainment
Singapore proposes to combine the Spam Control Act and the Do Not Call Law
Reed Smith LLP | June 7, 2018, is the deadline to submit public comments to the Personal Data Protection Commission of Singapore (PDPC) on its April 27 proposal to…
Taiwan
Patents
Determining adverse descriptions in technical evaluation reports
Lee and Li Attorneys at Law | Under the Patent Act, utility model patents are examined using a formality examination system; the Taiwan Intellectual Property Office is not required…
Vietnam
Banking
Vietnam - Regulatory Framework for Fintech and Blockchain Applications Announced
Duane Morris LLP | In its 5th session that closed on 15 June 2018, Vietnam’s 14th National Assembly passed 7 bills, including the controversial Cybersecurity Law. When…
Corporate Finance/M&A
New Decree May Open Up LPG Business in Vietnam
Tilleke & Gibbins | On June 15, 2018, Vietnam’s government issued Decree No. 87 on Business in Gases, which governs various aspects of doing business in liquefied…
Africa & Middle East
Bahrain
Immigration
Higher salary threshold for dependant visas
Taylor Vinters LLP | Resolution No. 8 of 2018 came into force on 5 January 2018 and raised the minimum salary required for expatriates to obtain visas for their dependants…
Egypt
Company & Commercial
Confidentiality agreement under Egyptian laws
Youssry Saleh & Partners | The Confidentiality might be stated in an independent Agreement called “Confidentiality Agreement” and it could be stated in certain Clauses in…
Israel
Corporate Finance/M&A
Due diligence, information and disclosure in M&A transactions in Israel
Barnea | A structured guide to due diligence, information and disclosure in merger and acquisition transactions in Israel
White Collar Crime
Corruption and bribery offences in Israel
Shibolet & Co | A structured guide to corruption and bribery offences in Israel
Saudi Arabia
Capital Markets
A new class action regime comes into force in the Kingdom of Saudi Arabia
Clyde & Co LLP | On 15 December 2017, new amended regulations came into force in KSA, and a class action regime is now in force in respect of securities disputes. In…
South Africa
Intellectual Property
Marked improvements on the IP landscape
Spoor & Fisher | The registration of a trademark in South Africa must be sought through the filing of a national application with the Trade Marks Office in Pretoria…
Doing IP deals: licences and sales
ENSafrica | With intellectual property ("IP"), the focus is often on protection (generally in the form of registration) and enforcement, which often takes the…
United Arab Emirates
Employment & Labor
Continuing the drive for Emiratisation
Clyde & Co LLP | The UAE's Vision 2021 strategy includes a number of goals to promote 'Emiratisation', with a key aim being to have fifty percent of the UAE national…
