From: editorc@lexology.com
Subject: Lexology - practical know-how
Date: February 24, 2016 at 10:05AM
Lexology - practical know-how To ensure delivery to your mailbox please add domain @lexology.com to your safe senders list View in Browser My Account |About |Search Archive (530,170 articles) Asia Pacific | Global | North America | Latin America & Caribbean | Europe | Africa & Middle East Australia Asia Pacific Company & Commercial Whose votes count at a general meeting: all shareholders or just those in attendance?New South WalesLitigation McCabes In Alexander v Burne [2015] NSWCA 377, the NSW Court of Appeal has recently emphasised the need for clarity in describing the level of approval… A fish rots (only) from the head? Corrs Chambers Westgarth The well-known maxim that a fish rots from the head down gives the clear message that when an organisation has failings, its leaders are to blame… Buyer and seller beware: warranty and indemnity insurers may be in a stronger position than the seller Corrs Chambers Westgarth The use of warranty and indemnity Insurance in commercial transactions has grown considerably in recent years. In particular, "Buyer Side Policies"… Business as usual? Woolworths denies unconscionable dealings with suppliersLitigation Maddocks Last week, Woolworths Limited (Woolworths) filed its defence in the proceedings commenced against it by the Australian Competition and Consumer… Competition & Antitrust The new ban on excessive surcharges: how might it affect your payment acceptance practices? McCabes The Competition and Consumer Amendment (Payment Surcharges) Bill 2015 (Cth) has been passed by both houses of Parliament. Once enacted, it will… Copyrights VPN? "Virtual Private Network" & "Very Peeved Netflix"? The Battle for Control of Overseas Content Continues ….. Addisons Last weekend streaming company Netflix again tried to ramp up its blocking of users accessing its content (from locations other than that of the… Rights holders fire first shots under blocking legislation - anti-piracy updateLitigationBlog Minter Ellison In what has been an eventful few weeks on the copyright high seas, after some set backs, rights holders commenced actions in the Federal Court to… Corporate Finance/M&A The importance of cyber due diligence in M&A transactions King & Wood Mallesons The number of M&A transactions in 2015 has hit record highs, with volumes expected to increase by 11% from 2014, according to Bloomberg. Indeed, one… Employment & Labor Addiction: is it a disability? Maddocks With a strong focus on drug, alcohol and gambling addiction in the press, a number of our clients have asked us, 'Is addiction a disability under… Out of office message is not industrial actionLitigation McCullough Robertson The Fair Work Commission has considered whether an out of office message on employees’ email accounts, referring to a delay in responding to emails… Increase in alleged assaults in aged care - are your policies adequate? Hall & Wilcox The occurrence of assaults allegedly perpetrated against residents in aged care has risen by 10% in one year. The 2014/15 Report on the Operation of… Insolvency & Restructuring Liquidators - green light to join insurersLitigation Hall & Wilcox In a decision which potentially increases the assets available to liquidator and bankruptcy trustee plaintiffs, the High Court in CGU Insurance v… Patents Australasia key market for patent filings under influence of TPP, but IP experts warn of risks James & Wells Although Australasia may traditionally be regarded as a relatively small market, 30 million people is still a sizable market with a multitude of… Tax Talking Tax - Issue 24Litigation Hall & Wilcox The taxpayer is appealing an AAT ruling affirming the Commissioners decision to disallow certain loan deductions and impose penalty assessments. The… China Asia Pacific Company & Commercial Traditional investigative approaches in China may cause more problems than they solve Control Risks Multinational companies in China are not strangers to internal investigations into employee and third-party malfeasance, using significant compliance… Corporate Finance/M&A 热点聚焦|私募基金管理人尽职调查指引CN Chance Bridge Partners 2016年2月5号，中国基金业协会对外发布《关于进一步规范私募基金管理人登记若干事项的公告》（以下简称"《公告》"）。根据该《公告》的规定，私募基金管理人向中国基金业协会申请私募基金管理人登记… Insolvency & Restructuring 房地产开发企业破产重整利益平衡实务分析CN Chance Bridge Partners 摘要：房地产开发企业破产重整涉及购房者、建筑商、银行以及企业职工等诸多债权人的利益，存在不同性质权利优先权之利益博弈，相关法律及司法解释与破产法规定亦有不衔接之处。本文以房地产开发企业破产存在的社会风险为逻辑起点… Intellectual Property 2016: developments in intellectual property law you should know aboutLitigation Ladas & Parry LLP This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark… Tax "2.17"房屋交易税收政策分析及提示CN Chance Bridge Partners 2016年2月17日，财政部、国家税务总局、住房城乡建设部（以下简称"三部委"）联合发布《关于调整房地产交易环节契税营业税优惠政策的通知》（以下简称"《通知》"）… India Asia Pacific Capital Markets SEBI notifies exit option route for dissenting shareholders regarding change in objects by a listed company Khaitan & Co The Securities and Exchange Board of India (SEBI) has notified an amendment to the Securities and Exchange Board of India (Issue of Capital and… Patents Issuance of Revised Guidelines for Examining Computer Related Inventions by the Patent Office Khaitan & Co The Indian Patent office (IPO) had earlier issued guidelines on 21 August 2015 to Patent Examiners relating to the examination of computer related… Indonesia Asia Pacific Capital Markets New OJK Regulation on Report on Realization of the Use of Proceeds from Public Offerings Melli Darsa & Co On December 22, 2015, the Financial Services Authority ("OJK") issued Regulation No. 30/POJK.04/2015 on Report on Realization of the Use of Proceeds… New OJK Regulation on Rights Issues Melli Darsa & Co The Indonesian Financial Services Authority ("OJK") has issued Regulation No. 32/POJK.04/2015 regarding Capital Increase with Pre-emptive Rights (the… Company & Commercial Procedures for Validating Legal Entities (Pengesahan Badan Hukum) and Amending Their Articles of Association Melli Darsa & Co On 25 January 2016, the Minister of Law and Human Rights ("MOLHR") issued Regulation No. 1 of 2016 regarding the Amendment of MOLHR Regulation No. 4… Japan Asia Pacific Intellectual Property 2016: developments in intellectual property law you should know aboutLitigation Ladas & Parry LLP This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark… Patents The TIPO announced the statistics concerning the Patent Prosecution Highway (PPH) in the year 2015 Tsar & Tsai Under the Taiwan-U.S. PPH, there were 327 applications. There were 523 applications under the Taiwan-Japan PPH. As for the Taiwan-Spain PPH, no… New Zealand Asia Pacific Capital Markets Consultation: class designation of shares to managed investment products Chapman Tripp Thank you for the opportunity to comment on your consultation paper dated 10 December 2015 concerning a possible class designation of investment… Patents Australasia key market for patent filings under influence of TPP, but IP experts warn of risks James & Wells Although Australasia may traditionally be regarded as a relatively small market, 30 million people is still a sizable market with a multitude of… South Korea Asia Pacific Patents The Taiwan-Korea Electronic Exchange of Priority Documents (PDX) Program Launched on January 1, 2016 Tsar & Tsai The Taiwan-Korea Electronic Exchange of Priority Documents (PDX) Program launched on January 1, 2016. Under the PDX program, an applicant who first… The TIPO announced the statistics concerning the Patent Prosecution Highway (PPH) in the year 2015 Tsar & Tsai Under the Taiwan-U.S. PPH, there were 327 applications. There were 523 applications under the Taiwan-Japan PPH. As for the Taiwan-Spain PPH, no… Taiwan Asia Pacific Patents The Taiwan-Korea Electronic Exchange of Priority Documents (PDX) Program Launched on January 1, 2016 Tsar & Tsai The Taiwan-Korea Electronic Exchange of Priority Documents (PDX) Program launched on January 1, 2016. Under the PDX program, an applicant who first… The TIPO announced the statistics concerning the Patent Prosecution Highway (PPH) in the year 2015 Tsar & Tsai Under the Taiwan-U.S. PPH, there were 327 applications. There were 523 applications under the Taiwan-Japan PPH. As for the Taiwan-Spain PPH, no… The TIPO announced the statistics concerning the Accelerated Examination Program (AEP) in the year 2015 Tsar & Tsai In 2015, there were a total of 590 patent applications that took advantage of the AEP, of which 302 applications were filed by Taiwanese applicants… Patent Applications Arising from Cooperation among Industry, Educational Institutions and Research Organizations may be Eligible for the Accelerated Examination Program (AEP) Under Category 3 Tsar & Tsai Under current practice, an applicant filing under the AEP in Category 3 (i.e., the invention patent application is essential to commercial… Uzbekistan Asia Pacific Capital Markets VimpelCom Ltd. Agrees to Pay $795M and Accept a Three-Year Corporate Monitor to Resolve Massive Bribery Scheme in Uzbekistan Ropes & Gray LLP On February 18, 2016, Amsterdam-based VimpelCom Ltd., the world’s sixth-largest telecommunications company, and its wholly owned Uzbek subsidiary… Global IT & Data Protection Fast moving fronts: 3 Things You Need to know about how better, faster, cheaper is impacting your enterprise’s use of the cloud Baker & McKenzie According to our survey, 92% of cloud services negotiations close in less than 6 months, with a majority closing in less than 2 months. These results… Canada North America Banking Financial Institutions, It’s Time to Assert Your Rights!Litigation Langlois Lawyers LLP The era when financial institutions were compelled, upon mere receipt of a notice to pay, to remit to the government any amount of money they held on… Institutions financières, le temps est venu de faire valoir vos droits!LitigationFR Langlois Lawyers LLP L’époque où les institutions financières étaient contraintes de remettre au gouvernement toute somme en leur possession au bénéfice d’une débitrice… Capital Markets SEC Rulemaking Developments in 2015 Davies Ward Phillips & Vineberg LLP The U.S. Securities and Exchange Commission (SEC) had a busy rulemaking year in 2015. Consistent with the reforms that began in 2012 with the… Company & Commercial Continuous Disclosure GuideBlog Stikeman Elliott LLP Over the last few years, regulators have issued a number of notices providing guidance and suggested best practices relevant to continuous disclosure… Copyrights Judicial Review "Through the Looking Glass": Issue-By-Issue AnalysisLitigation McMillan LLP Over the last decade, the Supreme Court of Canada has struggled with the right way to approach its "prodigal child": the standard of review. The… Employment & Labor Are you Ready to Respond to a Workplace Accident? Torkin Manes LLP Many organizations are not prepared if there is a workplace accident that results in injury to an employee. An accident is not just an accident, and… Les enjeux juridiques des formes de travail flexiblesQuebec Langlois Lawyers LLP Les nouvelles formes de travail flexibles qui se démocratisent dans les milieux de travail, comme la conciliation travail-famille et le télétravail… GHS update: Health Canada and U.S. OSHA seek public input on aligning hazard communication regulations, announce March 3 webinarBlog Dentons Health Canada and the U.S. Occupational Safety and Health Administration (OSHA) have announced that they are seeking public input on aligning hazard… Energy & Natural Resources Alberta Energy to Assess Cyberthreats to Oil and Gas Industrial Control SystemsAlberta Aird & Berlis LLP A February 2016 Report from the Auditor General of Alberta raises concerns about the fact that neither the Alberta Energy Regulator (AER) nor the… British Columbia Supreme Court Decides that the Province Cannot Abdicate its AuthorityBritish ColumbiaLitigationBlog Borden Ladner Gervais LLP Recently the British Columbia Supreme Court ("Court") released its reasons for judgment in Coastal First Nations v. British Columbia (Environment)… New Offshore Liability Regime Effective February 26, 2016 Osler Hoskin & Harcourt LLP The Energy Safety and Security Act (ESSA), passed in 2014 by the Harper government, introduced changes to the liability regimes governing Canada's… Intellectual Property 2016: developments in intellectual property law you should know about Litigation Ladas & Parry LLP This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark… IT & Data Protection Apple’s encryption fight against the U.S. government could spill into CanadaLitigation Borden Ladner Gervais LLP Last week, the news that a magistrate ordered Apple to help the Federal Bureau of Investigation (FBI) hack an iPhone used by one of the San… Patents Failure to identify public servant status not fatal to patentLitigation Dimock Stratton LLP Brown v. Canada (2016 FCA 37) is an appeal of the Federal Court’s decision finding that Mr. Brown was a public servant for the purposes of the Public… Threading the biosimilar needleLitigation Dimock Stratton LLP Biosimilars, otherwise known as subsequent entry biologics or "SEBs" in Canada, are a rapidly emerging trend in healthcare. There is a common… Tax 2016 BC Budget Update: Property Transfer TaxBritish Columbia Miller Thomson LLP On February 16, 2016, British Columbia Finance Minister Michael de Jong tabled the British Columbia budget for 2016. Included in the budget were… Ontario Reverses Land Transfer Tax Partnership ExemptionOntario Aird & Berlis LLP On Thursday, February 18, 2016, the Ministry of Finance (Ontario) (the "MOF") quietly filed an amendment to the land transfer tax regulations which… Ministry of Finance Ready to Party like it’s 1989: Retroactive Changes to Ontario Provincial Land Transfer TaxOntario Bennett Jones LLP On February 18, 2016, the Ministry of Finance filed a new regulation under the Land Transfer Tax Act which purports to be retroactive to July 19… USA North America Banking OFAC Penalizes Barclays for Zimbabwe Sanctions ViolationsBlog Steptoe & Johnson LLP On February 8, 2016, the U.S. Department of the Treasury’s Office of Foreign Assets Control ("OFAC") announced a $2,485,890 settlement with Barclays… Did you know - February 19, 2016 Shulman Rogers Gandal Pordy & Ecker PA Did you know… that the Consumer Financial Protection Bureau ("CFPB") made a typographical error regarding the calculation of tolerance limits?… FDIC & Cyber: Words of Warning to Financial Institutions and their Boards Patterson Belknap Webb & Tyler LLP Financial institutions sit atop a wealth of personal information - not to mention money. In an interconnected world in which sensitive customer… The California Supreme Court’s Decision Permitting Borrowers to Challenge Assignments of Mortgage Should Not Have an Impact Upon FloridaCaliforniaLitigationBlog Berger Singerman LLP The California Supreme Court has weighed in on the thorny issue of whether and when a borrower should be permitted to challenge an assignment of… Fourth Circuit holds arbitration clause unenforceable when it forbids arbitrator from applying the applicable lawVirginiaLitigation Carlton Fields This case involves a class action filed in a Virginia district court against Delbert Services Corporation, the servicing agent of certain loans, for… Bitcoin Is "Property," Rules California Judge in Pivotal Bitcoin CaseLitigationBlog Baker & Hostetler LLP Last week, we blogged about the latest development in Bitcoin news: how a California bankruptcy court will define Bitcoin. That was the subject of a… This week at the UK regulators, 22 February 2016 Clifford Chance LLP In a relatively quiet week for the regulators without any concluded enforcement actions, the main announcement was the FCA's review of the assessment… Capital Markets SEC Advisory Committee on Small and Emerging CompaniesBlog Morrison & Foerster LLP The SEC announced the agenda for the first meeting of the reconstituted Advisory Committee. The Committee will meet on February 26th beginning at 9… CFTC Extends Trade Option Reporting Deadline to April 1, 2016 Latham & Watkins LLP On February 18, 2016, the US Commodity Futures Trading Commission's (the CFTC) Division of Market Oversight (DMO) issued a no-action letter providing… "Tell Us About Your Culture" - FINRA Commences SweepBlog Morrison & Foerster LLP In its January 2016 annual exam priorities letter, FINRA announced that it would examine the "compliance culture" at member firms. In furtherance of… SEC Rulemaking Developments in 2015 Davies Ward Phillips & Vineberg LLP The U.S. Securities and Exchange Commission (SEC) had a busy rulemaking year in 2015. Consistent with the reforms that began in 2012 with the… Massachusetts-Based Technology Company PTC and Two Chinese Subsidiaries Pay $28 Million to Settle Civil and Criminal FCPA Charges; SEC Uses First DPA With IndividualBlog BuckleySandler LLP On February 16, the SEC and DOJ announced a settlement with a Massachusetts-based technology company, PTC Inc., for violations of the FCPA. PTC and… CFTC Provides Reporting Relief to Trade Option Users Katten Muchin Rosenman LLP Last week, staff of the Commodity Futures Trading Commission extended and expanded reporting relief to certain persons who purchase and sell trade… SEC Enforcement Lays out Approach to Cybersecurity Cases Brooks Pierce McLendon Humphrey & Leonard LLP If you’ve ever attended the annual SEC Speaks conference, you know that the official program is an intensely uninteresting collection of short… Return of the Jedi (DOJ): The Vimpelcom Enforcement Action (Part I of II) Volkov Law Group Welcome back to the Department of Justice and FCPA enforcement. After a lengthy hiatus, DOJ returned to the FCPA enforcement scene with a… Financial services update, vol. 11, issue 7 Winston & Strawn LLP Practising Law Institute held its 2016 "The SEC Speaks" conference last week, featuring a number of presentations from, and discussions with… The Carrot and the Stick: The SEC’s First Deferred Prosecution Agreement with an Individual in an FCPA CaseBlog Orrick, Herrington & Sutcliffe LLP In a move that highlights both the increased focus on holding individuals accountable and the credit that can be earned through cooperation, the U… 2016 will be a Year of Change in Swap Collateral Documentation as US Regulators Issue Final Margin Rules Hogan Lovells Last year on October 22 the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Farm Credit Administration… Comment Period Extended for CFTC Draft Technical Specifications for Certain Swap Data ElementsLitigation Katten Muchin Rosenman LLP The Commodity Futures Trading Commission has extended until March 7, 2016, the comment period for its draft technical specifications for certain swap… Research Analyst Fined by SEC for Falsely Rating Client to Keep Relationship Katten Muchin Rosenman LLP Charles Grom, a former managing director and equity research analyst at Deutsche Bank Securities Inc., agreed to settle charges brought by the… Company & Commercial Clickwrap, Browsewrap and Mixed Media Contracts: A Few Words Can Go a Long WayNew JerseyLitigationBlog Morrison & Foerster LLP Courts have generally categorized such online agreements into two types: "clickwrap" agreements and "browsewrap" agreements. Clickwrap… Activist Investing in the Retail Sector Hunton & Williams LLP In 2015, there was a record number of activist shareholder campaigns in the United States. Although activist hedge funds targeted companies across… Competition & Antitrust Looking Ahead: Retail Antitrust Enforcement in 2016 Hunton & Williams LLP As we previously reported in Looking Back: Retail Antitrust Enforcement in 2015, last year was a booming year for consumer products mergers (and the… Seventh Circuit Hears Argument in Clorox AppealLitigation Patterson Belknap Webb & Tyler LLP Yesterday, the Seventh Circuit heard argument in the Woodman’s Food Market v. Clorox Co. appeal. As members of our team have previously reported… Copyrights The Graffiti Gown Saga, Part 3: What is an Anti-SLAPP Law?CaliforniaLitigation Kane Russell Coleman & Logan PC In this third installment of the Graffiti Gown Saga, we review Moschino’s attempt to use the First Amendment to defeat Rime’s lawsuit for copyright… Corporate Finance/M&A 2015 Year-End Tax Act Clears a "PATH" to Foreign Investment in U.S. Real Estate FisherBroyles Several US tax provisions specific to real estate investing were recently enacted as part of the Protecting Americans from Tax Hikes Act of 2015 (the… Will M&A in Government Services Continue to Outperform?Blog Bass, Berry & Sims PLC Recent mergers and acquisitions activity among government contractors has been frothy, especially in the government services sector. What has been… NYSE to Require Foreign Private Issuers to File Semiannual Financial Statements on Form 6-K New YorkBlog Stinson Leonard Street LLP The SEC has approved an NYSE rule change which will require foreign private issuers to file semiannual financial statements on Form 6-K. Foreign… M & A Nuggets: Arbitration, Or Not? Offit Kurman Although becoming embroiled in a dispute with a seller after the purchase of a business is the last thing on the purchaser’s mind at the time of the… Employee Benefits & Pensions Sixth Circuit Rules that Employer Can Terminate Retiree Health BenefitsLitigationBlog Proskauer Rose LLP The Sixth Circuit ruled that retirees of Moen Inc. were not entitled to lifetime health benefits upon finding that an underlying collective… Court Rules Employment Agreement Severance Provisions Can Constitute ERISA PlanPennsylvaniaLitigationBlog Winston & Strawn LLP Earlier this month, in Zgrablich v. Cardone Industries, Inc., the U.S. District Court for the Eastern District of Pennsylvania held that an… ERISA — 10th Circuit: What Happens When a "Procedural Irregularity" Occurs in an Appeal Denial?LitigationBlog Lane Powell PC You know that procedural irregularities in an appeal denial of a claim for ERISA-governed benefits can change the standard of review from arbitrary… Does Cutting Employees’ Hours to Prevent Eligibility for Health Plan Coverage Violate ERISA? Maybe - Court Allows Claim to Move ForwardNew YorkLitigation Armstrong Teasdale LLP In Marin v. Dave & Buster's, Inc. S.D.N.Y., No. 1:15-CV-03608, (May 8, 2015), a former employee filed a class action suit claiming Dave & Buster's… New Year, New Commuter Benefits for New Yorkers: FAQs on the New LawNew York Ogletree Deakins On January 1, 2016, New York City's Mass Transit Benefits Law, Local Law 53, went into effect, requiring employers with 20 or more full-time employees… The Continuing Downward Spiral of the Multi-Employer Pension PlanBlog Jackson Lewis PC We have been monitoring and reporting on several disquieting events which have occurred in the multi-employer pension plan world within the past few… Employment & Labor Is Equal Pay the Next Big Thing in Class Actions?Blog Jackson Lewis PC On February 1st, the EEOC announced it would begin requiring employers to submit information on employee wages and work hours broken down by gender… West Virginia becomes next right-to-work state over protest, veto of Governor Barnes & Thornburg LLP On Feb. 12, the West Virginia house and senate overrode Governor Earl Ray Tomblin’s veto of SB 1 (known as the West Virginia Workplace Freedom Act)… West Virginia becomes 26th right-to-work stateWest Virginia Barnes & Thornburg LLP West Virginia will now join 25 other states which have adopted right-to-work legislation preventing private employers from requiring workers to pay… Public Sector Union Fees Continue to Hang in the Balance With Scalia’s PassingLitigationBlog Jackson Lewis PC The recent death of Conservative Justice Antonin Scalia will give public sector unions a short respite in Friedrichs v. California Teachers… Court Finds No FMLA Violation, Disability Discrimination Where Hospital Terminates Nurse with Migraine Who Slept While On DutyOhioLitigationBlog Jackson Lewis PC A federal court in Ohio has dismissed Family and Medical Leave Act and disability discrimination claims filed by a nurse who was caught sleeping… A practice in legal fundamentals: Third Circuit court tells NLRB to apply the correct legal testLitigation Barnes & Thornburg LLP In a recent Third Circuit opinion, the NLRB got a little lesson in legal analysis. In MCPc, Inc. v. NLRB, Nos. 14-1379, 14-1731, 2016 WL 559219 (3rd… Reducing Employees’ Hours Could Lead to Discrimination Claims Under ERISALitigation Andrews Kurth LLP The District Court for the Southern District of New York recently denied a motion to dismiss a case alleging that Dave & Buster's "right-sized" its… NLRB Continues Attack on Class and Collective Action WaiversLitigation Littler Mendelson PC There seems to be no end in sight to the standoff between the National Labor Relations Board and at least a majority of the federal courts over the… The Impact of Justice Scalia’s Passing on Pending Supreme Court CasesLitigation Foley & Lardner LLP The country was shocked to hear of the recent passing of Supreme Court Justice Antonin Scalia. Legal scholars and political commentators have since… New Workplace Laws Confronting California Employers in 2016California Dinsmore & Shohl LLP Companies across the nation are facing 2016 with a mix of enthusiasm and anxiety as they attempt to meet their business and financial goals. For… Indiana Court Rejects Claim that Scholar-Athletes Are Employees under FLSAIndianaLitigationBlog Jackson Lewis PC Last week, an Indiana federal court dismissed a lawsuit brought by former University of Pennsylvania ("Penn") athletes against the National… Protecting Trade Secrets Gordon & Rees LLP Trade secrets are easily misappropriated because they represent nothing more than information, which can be memorized, scribbled down, emailed, or… Departments of Justice and Labor Announce Initiative to Provide for Significantly Increased Criminal Penalties for Workplace Safety Violations Baker & Hostetler LLP On December 17, 2015, the Department of Justice ("DOJ") and the Department of Labor ("DOL") announced an expansion to the Worker Endangerment… Continued Controversy Surrounding The Proposed New Overtime RuleLitigationBlog Franczek Radelet PC Since June, we have written a number of posts covering the Department of Labor's proposed new overtime rule (see our posts here), and the more than… Understand the WhistleblowerBlog Holland & Hart LLP The Equal Employment Opportunity Commission (EEOC) has released its 2015 Enforcement and Litigation Data, and one of the items that stands out is… Failure to Engage in Ongoing, Individualized Interactive Process Could Cost MillionsLitigationBlog SmithAmundsen LLC A bit of strategic planning could have saved an employer from a federal jury's $5.5 million verdict for a mechanic who claimed his accommodations… Statutory Damage Caps Save Companies MillionsLitigationBlog Squire Patton Boggs Although a jury recently reached a $10.5 million disability discrimination verdict against Norfolk Southern Railway, the company ended up with a final… Vermont Governor to Sign Paid Sick Leave BillVermont Jackson Lewis PC Vermont is close to becoming the fifth state, after Connecticut, California, Massachusetts, and Oregon, to mandate that employers provide their… The Proposed New Overtime Pay Exemption Rules: What's the Latest Scoop Dykema Gossett PLLC For months, crystal balls have been working on overdrive trying to predict when the Department of Labor will roll-out the final version of the new… NLRB weekly summary of decisions, Jan. 25 - 29, 2016Litigation Barnes & Thornburg LLP A full-Board majority consisting of Chairman Pearce and Members Hirozawa and McFerran adopted the Regional Director’s recommendation to overrule the… The Wave of Website and Other ADA Accessibility Claims - What You Should Know Littler Mendelson PC Title III of the Americans with Disabilities Act (ADA), providing for equal access for persons with disabilities in places of public accommodation… Investigation Insulates Employer Against Sarbanes-Oxley Retaliation ClaimLitigation Zuckerman Spaeder LLP An employee who has blown the whistle on wrongdoing is not immune from discipline or termination simply because she has engaged in protected activity… Litigation Expands as DOJ Delays Website Accessibility RulesLitigation Shook Hardy & Bacon LLP Companies across the United States are seeing an increase in Americans with Disabilities (ADA) lawsuits based on website accessibility. Plaintiffs… Monitoring your employees through GPS: What is legal, and what are best practices?Litigation Greensfelder, Hemker & Gale, P.C. With the rise in GPS technology, employers have unprecedented access to their employees' whereabouts. For several years, employers have been able to… Maintaining Political Peace in the Workplace Fisher & Phillips LLP In the article, "Maintaining Political Peace in the Workplace," featured on Love To Know, Partner Todd Fredrickson shared some insights regarding… Update - DOL's Final White Collar Exemption Rule Could Be Published Earlier Than July 2016 Ford & Harrison LLP While it appeared from comments made at the American Bar Association's (ABA) Midwinter Meeting of the Federal Labor Standards Legislation Committee… GHS update: Health Canada and U.S. OSHA seek public input on aligning hazard communication regulations, announce March 3 webinarBlog Dentons Health Canada and the U.S. Occupational Safety and Health Administration (OSHA) have announced that they are seeking public input on aligning hazard… Don’t Forget That Litigation Hold!LitigationBlog Foley & Lardner LLP When it comes to producing documents in employment litigation, the deck is usually stacked in favor of the employee. Except in those unusual… Fisher & Phillips' Wrigley: EEOC's 2015 Fiscal Year Data Prompts Top 10 Tips Fisher & Phillips LLP In the article, "EEOC's 2015 Fiscal Year Data Prompts Top 10 Tips," featured in Biz New Orleans, Associate Jaklyn Wrigley provides employers with 10… Exercise Aniston-esque restraint when analyzing offensive employee postsLitigation Ford & Harrison LLP This week's employment law lesson comes to us from the movie Horrible Bosses. In the movie, Julia (played by Jennifer Aniston) is a dentist who… Calling all Employers with Remote Employees: Is Your Company Counting Them In Accordance With the FMLA?Blog Akerman LLP Does your company have employees who work remotely in a city, or a state, where your company does not maintain a physical location? Do you count… OSHA’s New Whistleblower Investigations Manual Lowers Pleading Standards Epstein Becker Green The Occupational Safety and Health Administration ("OSHA") just changed the way that it evaluates whistleblower retaliation complaints in a manner… Oregon Enacts a First-Of-Its-Kind Tiered Minimum WageOregon Vorys, Sater, Seymour and Pease LLP On February 18, 2016, the Oregon legislature amended its minimum wage law with a unique, tiered approach. The intent is to balance the needs of the… More tips for firms hiring contract attorneys Dentons Many law firms, faced with clients who want to reduce their legal spend, utilize contract attorneys to provide legal services at a reduced rate. As… Employment & Labor in Pennsylvania: Lexology Navigator Q&APennsylvaniaNavigator Cozen O'Connor A structured guide to employment and labor law in Pennsylvania... The Force Awakens: Vimpelcom’s FCPA Settlement and the Wreckage Left Behind (Part II of II) Volkov Law Group The Vimpelcom FCPA enforcement action is stunning in its breadth and the brazen nature of the bribery scheme. It is hard to accept that such conduct… Car Leasing Employee’s Equal Pay Discrimination Claim Proceeds, Federal Court RulesMississippiLitigation Jackson Lewis PC A car leasing company’s manager will go to trial on her Equal Pay Act claim because the employer failed in its burden to show the manager’s gender… EEOC To Give Employees Access to Employer Position Statements Upon RequestBlog Squire Patton Boggs The Equal Employment Opportunity Commission recently announced a change that will now provide discrimination claimants with their employers' position… Energy & Natural Resources Distributed Energy Resources - California Caught In Its Own Regulatory WebCaliforniaBlog Davis Wright Tremaine LLP The California Public Utilities Commission (CPUC) has spent a great deal of time and effort to reach the very broad, generic, and long-term goal to:… Supreme Court Stays Clean Power PlanLitigation Phillips Lytle LLP We previously reported on the Obama administration’s release of the final version of the Clean Power Plan ("Plan"), a set of Environmental Protection… FERC to Streamline Its Decisions on Rehearing Davis Wright Tremaine LLP At its monthly public meeting earlier today, FERC announced the formation of a new Rehearings Group, under the direction of Office of the General… Re-Evaluating Calif.'s Emergency Drought RegulationCalifornia Nossaman LLP El Nino is upon California. Yet, despite the ample rain and snow expected this winter, on Feb. 2, 2016, the State Water Resources Control Board… Key Energy-Related Tax Provisions in the 2017 Budget Proposal McDermott Will & Emery As in previous proposed budgets, President Obama’s recently released budget proposal for the 2017 fiscal year contains energy-related tax provisions… Mexican Energy Reform: Opportunities and Challenges for US DevelopersBlog Husch Blackwell LLP Tom Foreman, executive director of the Gulf Coast Power Association (GCPA), joins the podcast to discuss the historic reform of Mexico's energy… Low Oil Prices + the Impact on Oil and Gas Law: What to Expect in 2016 Kegler Brown Hill + Ritter As the global price of oil has continued to decrease, the oil and gas industry has experienced some significant collateral damage. In 2015, several… Sixth Circuit Agrees to Hear Challenge to Clean Water ActLitigation Squire Patton Boggs On Monday, the Sixth Circuit agreed to hear challenges to a controversial rule redefining the federal government’s jurisdiction under the Clean Water… Insolvency & Restructuring Digging for Help: Key Issues in Metals Exploration BankruptciesLitigation Squire Patton Boggs The past several years have not been kind to commodities exploration companies. The price of gold dropped to $1,051/oz. In November 2015, a level… Split Ninth Circuit Narrows Definition of Bad Faith Insider in Cramdown CaseLitigation Schulte Roth & Zabel LLP "A creditor does not become an insider simply by receiving a claim from a statutory insider," held a split panel of the U.S. Court of Appeals for the… In re Creative Finance Ltd: Chapter 15 Case DismissedNew YorkLitigation Patterson Belknap Webb & Tyler LLP A bankruptcy judge in New York court recently dismissed a case filed under chapter 15 of the U.S. Bankruptcy Code because the debtors did not have… Intellectual Property 2016: developments in intellectual property law you should know aboutLitigation Ladas & Parry LLP This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark… Cuba: The Risks and Rewards for U.S. Businesses Carlton Fields Last week, the Obama Administration announced that the President intends to visit Cuba next month. He will find a political mixed bag of optimism and… IT & Data Protection Senate HELP Committee Clears Bipartisan Biomedical Innovation, Health IT BillsBlog Reed Smith LLP The Senate Health, Education, Labor and Pensions (HELP) Committee has approved several bipartisan health policy bills, including health information… Responsibility Shifting for Cyber Attacks?Litigation LeClairRyan When a company's protected data is compromised, potential litigants generally look to the company itself as the target for damages claims. The list… Can And Should Apple Be Compelled To Help The FBI Break Into An Iphone- The Court’s Authority Versus Data SecurityLitigation Offit Kurman The Justice Department has sought and obtained an order from a lower court directing Apple to do the technical redesign necessary to enable the FBI… California Attorney General Releases Report Defining "Reasonable" Data SecurityCalifornia Hunton & Williams LLP On February 16, 2016, California Attorney General Kamala D. Harris released the California Data Breach Report 2012-2015 (the "Report") which, among… FDA Issues Draft Guidance Document for Postmarket Management of Cybersecurity in Medical Devices (Part 3 of 4) Baker Sterchi Cowden & Rice LLC Manufacturers are required to determine if the residual risk of a cybersecurity vulnerability is "controlled" (acceptable) or "uncontrolled"… Steptoe Cyberlaw Podcast - Triple Entente Beer Summit IIBlog Steptoe & Johnson LLP The Second Annual Triple Entente Beer Summit again filled the Washington Firehouse loft with an audience at least as knowledgeable as the panel… FDA Issues Draft Cybersecurity Guidance to Medical Device Manufacturers Cooley LLP On January 22, 2016, the US Food and Drug Administration ("FDA") issued draft guidance outlining important steps medical device manufacturers should… Privacy shield: neuer sicherheitsschild für datentransfers in die usa?DE Vangard Der Europäische Gerichtshof (EuGH) hatte im Oktober 2015 das bisherige Safe Harbor-Abkommen zwischen der EU und den USA für ungültig erklärt. Dieses… Can the government unlock my cell phone? Part II: federal judge says "yes." - federal judge orders Apple to assist FBI in unlocking iPhoneLitigation Barnes & Thornburg LLP Following up on our recent post exploring the federal government's efforts to search cell phones, a U.S. magistrate judge recently issued an order… Judicial Redress Act of 2015 Presented to the PresidentLitigationBlog Quarles & Brady LLP Less than a year following its introduction in Congress, the Judicial Redress Act of 2015 was presented to the President on February 12, 2016… New HIPAA Exception Allows Covered Entities to Report Behavioral Health Considerations Applicable to Possessing a FirearmBlog Wyatt Tarrant & Combs LLP As of February 5, 2016, a change in the law allows certain health care providers to report the identity of an individual who is prohibited from… Telecom Business Alert - 9-1-1 MLTS Bill, CISA, PSAP Architecture; Drones; FirstNet, Pole Attachment Rates - Vol. XIII, Issue 8Litigation Keller and Heckman LLP Legislation has been introduced in Congress by a bipartisan group of Senators seeking to require Multiline Telephone Systems (MLTS) to be able to… To Limit Or Not To Limit - New Cyber Case Examines the Scope and Potential Application of Coverage SublimitsLouisianaLitigation Jenner & Block LLP Policyholders should carefully review and understand the potential application of any sublimits included in the individual coverage Sections within… When IT hurts, it hurts - some mitigation strategies for cyber attack lossBlog Minter Ellison As a chief information officer or chief security officer, it's probably not going to be good news when your phone lights up at 2am on a cool winter's… Privacy Perils: Beware of Disabling Pop-up Blockers Bass, Berry & Sims PLC Pesky pop-up ads are an annoyance everyone who searches the internet faces at some point. To avoid these irritating and often unwanted messages… Florida Expands Telemedicine Controlled Substance PrescribingFlorida Foley & Lardner LLP The Florida Board of Medicine recently met and voted to uphold a rule allowing controlled substances to be prescribed via telemedicine for the… Can Ransomware Trap Your Health Information? OCR Highlights the Risk of Cyber Extortion in its Cyber-Awareness InitiativeBlog Davis Wright Tremaine LLP The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has been highlighting the threat posed by "ransomware"—when an… Apple’s encryption fight against the U.S. government could spill into CanadaLitigation Borden Ladner Gervais LLP Last week, the news that a magistrate ordered Apple to help the Federal Bureau of Investigation (FBI) hack an iPhone used by one of the San… Political arrangement between the EU and the US after the invalidation of the safe harbor: "the EU-US privacy shield" August & Debouzy After months of negotiations, on February 2, 2016 the European Commission and the United States have finally reached an arrangement on a new… Illinois Supreme Court Rules Physician's Application File and Data Bank Report Information Discoverable in a Negligent Credentialing LawsuitIllinoisLitigation Katten Muchin Rosenman LLP The plaintiff filed a negligent credentialing medical malpractice lawsuit against a physician and two hospitals where he was a member of the medical… SAMHSA’s Proposed Rule Establishes Security and Confidentiality Protection for Substance Abuse Records in the World of EHRs and New Integrated Health Care Models Hall Render Killian Heath & Lyman PC On February 9, 2016, the Substance Abuse and Mental Health Services Administration ("SAMHSA") issued proposed rules to substantially revise its… Safe Harbor: Calmer Waters on the Horizon Squire Patton Boggs The ICO has published a blog providing an update on the new Safe Harbor 2.0 - the EU-US Privacy Shield. They report that it is too early to say… U.S. - EU Privacy Shield Framework Details to be Provided by End of FebruaryLitigation Nelson Mullins Riley & Scarborough LLP European Union and United States officials announced early February 2016 a political agreement to create the "Privacy Shield", an anticipated… FDIC Framework for Cybersecurity Highlights How Financial Institution Information Security Programs Can Better Respond to Evolving Cyber Threats Womble Carlyle Sandridge & Rice LLP In February, 2016, the Division of Risk Management Supervision of the Federal Deposit Insurance Corporation ("FDIC") published "A Framework for… Health Apps and HIPAA: OCR Publishes New Privacy Guidance for Health App Developers Ropes & Gray LLP On February 11, 2016, in response to requests from developers of mobile health applications, the Department of Health and Human Services Office for… New Federal Guidance on the Cybersecurity Information Sharing Act of 2015: What General Counsels Need To Know Paul, Weiss, Rifkind, Wharton & Garrison LLP The Cybersecurity Information Sharing Act of 2015 ("CISA") was signed into law on December 18, 2015. The law has two main components. First, it… Legal Practice Legality of contract with arbitration clause is to be determined by court and not by arbitratorCaliforniaLitigation Commonsense Construction Law LLC One party argued throughout an arbitration proceeding that the agreement containing the arbitration clause was illegal and void as against public… Patents Federal Circuit Approves PTAB Trial ApproachLitigation Kenyon & Kenyon LLP In a split decision, the Federal Circuit has approved the PTAB's practice of deciding to institute AIA trials on a claim-by-claim basis. The case… ALJ Lord Terminates Investigation As To Michael Todd and MTTO In Certain Electric Skin Care Devices (337-TA-959)LitigationBlog Oblon On February 3, 2016, ALJ Dee Lord issued Order No. 37 in Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing The… Federal Circuit Reverses Finding of Noninfringement of Storage Unit Retrieval PatentsLitigation Kenyon & Kenyon LLP CAFC reviewed District Court’s claim construction of the term "independent storage units" de novo because it was based on an intrinsic-evidence… Federal Circuit: PTAB Not Required to Address Every Claim Challenged in IPRLitigation Wenderoth Lind & Ponack LLP In Synopsys, Inc. v. Mentor Graphics Corp. (Feb. 10, 2016), the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) is not required to… ALJ Pender Issues Claim Construction Order In Certain Table Saws Incorporating Active Injury Mitigation Technology (337-TA-965)LitigationBlog Oblon On February 10, 2016, ALJ Thomas B. Pender issued Order No. 7 in Certain Table Saws Incorporating Active Injury Mitigation Technology and Components… No Nexus When The Commercial Success Is Dependent On An Element In The Prior Art IPR2014-01240Litigation Drinker Biddle & Reath LLP In its Final Written Decision, the Board determined that claims 1-17 of the ’268 patent are unpatentable under the asserted grounds. According to the… Evidence Excluded For Insufficient Evidence To Support A finding That It Is What The Proponent Claims It Is IPR2014-01347Litigation Drinker Biddle & Reath LLP In its Final Written Decision, the Board excluded Goldbeck (Exhibit 1005), which mooted or disposed of all issues in the inter partes review (IPR)… Sandoz Seeks Cert on 180-Day Issue in Amgen v. Sandoz Litigation Patterson Belknap Webb & Tyler LLP Sandoz has filed a petition for a writ of certiorari in Amgen v. Sandoz, seeking Supreme Court review of the Federal Circuit’s ruling that it could… Denying-in-Part Institution on Incorporation by Reference Grounds IPR2015-01739Litigation Drinker Biddle & Reath LLP In its Decision, the Board granted institution of inter partes review of each of the challenged claims 1-25 of the ’811 patent, because the Board… Actual Notice Requirement Presents Challenge for Collecting Pre-Issuance DamagesLitigation Nutter McClennen & Fish LLP Most patent owners are aware that under 35 U.S.C. § 154(d), publication of a United States patent application confers provisional rights to the… Federal Circuit confirms PTAB need not address every claim raised in a petitionLitigation Finnegan, Henderson, Farabow, Garrett & Dunner LLP In an appeal from a Patent Trial and Appeal Board (PTAB) decision, a split Federal Circuit panel affirmed that (1) the final order of the PTAB need… Navico Files Enforcement Complaint In Certain Marine Sonar Imaging Devices, Including Downscan And Sidescan Devices (337-TA-921)LitigationBlog Oblon On February 16, 2016, Navico, Inc. of Tulsa, Oklahoma and Navico Holding AS of Norway (collectively, "Navico") filed an enforcement complaint in… Federal Circuit Dismisses Third Party Appeal of Reexamination Proceeding for Lack of StandingLitigation Kenyon & Kenyon LLP CAFC held that Agilent did not have a cause of action to appeal the denial of an inter partes reexamination because Agilent was not the third-party… Authorizing Motion for Additional Discovery as to Documents Held by Third Parties IPR2015-01164; IPR2015-01165; IPR2015-01166Litigation Drinker Biddle & Reath LLP In a first Order, the Board granted authorization for Patent Owner to file a 7-page motion for additional discovery and for Petitioner and two third… II Ca-Be-lly or Not II Ca-Be-lly: Is The Famous Cabilly II Antibody Patent Near Extinction?Litigation Nutter McClennen & Fish LLP On February 5, 2016, the Patent Trial and Appeal Board (PTAB) issued a decision to institute an Inter Partes Review (IPR) of Genentech’s "Cabilly II"… The En Banc Federal Circuit Holds That Patent Rights Are Not Exhausted by Prior Restricted Sales or by Foreign SalesLitigation Andrews Kurth LLP On February 12, 2016, in a 10-2 decision, the en banc Federal Circuit ruled on two major issues related to patent exhaustion, a doctrine allowing… Proportionality in perspective: old whine in new bottles?Litigation Shook Hardy & Bacon LLP Complaining about discovery requests (accused infringer) or refusals to produce documents (plaintiff patent owner) seems embedded in IP litigation… Forward Citation Analysis as a Means to Apportion Relative Value in Patent Infringement Cases NERA Economic Consulting What is forward patent citation? Why is it relevant? In this article, the author answers the above questions and details how these may be relevant to… Warrior Sports, Inc. v. Maverik LacrosseLitigation Dickinson Wright PLLC Warrior Sports, Inc. filed suit against Maverik Lacrosse, LLC for patent infringement of the following ten patents: 1) U.S. Patent No. 5,787,506… Federal Circuit Upholds Obviousness Determination in IPR Relating to DNA Sequencing Methods, Denies Substitute ClaimsLitigation Kenyon & Kenyon LLP The Board did not err in focusing on the prior art in deciding Illumina’s motion to amend the claims during an IPR proceeding. Illumina bore the… Federal Circuit Partially Remands as to Obviousness Determination in Interference Relating to DNA Sequencing MethodsLitigation Kenyon & Kenyon LLP The Board did not err in finding that claims 1-22 and 24-26 of the ‘630 patent were obvious over a prior art publication to Laird et al., and U.S… Federal Circuit Affirms Summary Judgment of Noninfringement of Heat Exchanger PatentsLitigation Kenyon & Kenyon LLP The District Court did not err in narrowly construing the term "pressurized collection vessel" to mean "tubing, piping, or other container where a… Event notice Biosimilars/Biologics Webinar Series - Part III: BPCIA Patent Litigation Mintz Levin Cohn Ferris Glovsky and Popeo PCWebinar, 25 February 2016 At the Intersection of Patent and Regulatory Law – Navigating the Challenges for Pharmaceuticals Dilworth IPWebinar, 2 March 2016 Tax Treasury Proposes a Definition of "Political Subdivision" for Tax-Exempt BondsBlog Squire Patton Boggs Treasury has released long-awaited proposed regulations that define the entities that are "political subdivisions" eligible to issue tax-exempt bonds… Treasury, IRS Issue Proposed Regulations Regarding the Definition of Political Subdivision Steptoe & Johnson LLP Today, Treasury and the IRS released proposed regulations (REG-129067-15) under section 103 that provide guidance regarding the definition of… DOL Releases 2015 Form 5500 Including New IRS Compliance Questions - Updated February 23, 2016 Caplin & Drysdale, Chartered In December 2015, the Department of Labor released the 2015 version of the Form 5500, the annual report which must be filed by certain employee… Form 8971 Deadline Extended: IRS Extends Deadline to File Form 8971 to March 31, 2016 Pierce Atwood LLP The February 29, 2016 deadline for filing the Form 8971 has been extended to March 31, 2016… Did you know - February 12, 2016 Shulman Rogers Gandal Pordy & Ecker PA The Foreign Investment in Real Property Tax Act (FIRPTA) requires a person who buys real property from a foreign person to withhold a portion of the… Religious-Themed Tourist Attraction Cannot Be Denied Kentucky Tax IncentivesKentuckyLitigation Stoll Keenon Ogden PLLC In a high profile case, the U.S. District Court for the Eastern District of Kentucky held a religious-themed tourist attraction, even one advancing… Ways and Means Committee Announces Witnesses for Upcoming Hearing on International Tax Issues Steptoe & Johnson LLP Today House Ways and Means Committee Chairman Kevin Brady (R-TX) announced the witnesses for the committee's February 24 hearing focusing on the… Treasury, IRS Issue Final Regulations on the Reporting of Specified Foreign Financial Assets Steptoe & Johnson LLP Today, Treasury and the IRS published final regulations (TD 9752) under section 6038D that provide guidance regarding the requirements for certain… U.S. Treasury Releases New Model Tax Treaty Osler Hoskin & Harcourt LLP The U.S. Treasury has released a revised model bilateral income tax treaty (the 2016 Model Treaty) which is a significant update to the 2006 model… The Proposed Repeal Of Section 1031 Like-Kind Exchanges and The Impact On The Economy LeClairRyan Section 1031 of the Internal Revenue Code of 1986, as amended, provides investors the ability for federal and, in some cases, state tax purposes, to… Brazil Latin America & Caribbean Energy & Natural Resources Judge Rakoff Dismisses 10(b) Claims Against PwC for Alleged Petrobras Bribery Scheme, But Allows Section 11 Claims to Proceed Despite OmnicareLitigationBlog Steptoe & Johnson LLP Last week, Judge Rakoff granted Pricewaterhouse Coopers' motion to dismiss Section 10(b) claims brought as part of the ongoing class action over an… Intellectual Property 2016: developments in intellectual property law you should know aboutLitigation Ladas & Parry LLP This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark… Tax Os processos judiciais tributários e o Novo Código de Processo Civil​PT Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados Às vésperas da entrada em vigor do Novo Código de Processo Civil - "NCPC" - a comunidade jurídica se movimenta no sentido de compreender e assimilar… Cuba Latin America & Caribbean Intellectual Property Cuba: The Risks and Rewards for U.S. Businesses Carlton Fields Last week, the Obama Administration announced that the President intends to visit Cuba next month. He will find a political mixed bag of optimism and… Mexico Latin America & Caribbean Energy & Natural Resources Actualidad Legal • Condiciones Generales para la Prestación del Suministro EléctricoES Santamarina y Steta SC El 18 de febrero de 2016, se publicó en el Diario Oficial de la Federación ("DOF") la Resolución Núm. RES/999/2015 (la "Resolución"), por la que la… Mexican Energy Reform: Opportunities and Challenges for US DevelopersBlog Husch Blackwell LLP Tom Foreman, executive director of the Gulf Coast Power Association (GCPA), joins the podcast to discuss the historic reform of Mexico's energy… Ministry of Energy publishes separation terms for Federal Electricity Commission López Velarde Heftye y Soria Further to the constitutional reform passed by Congress in December 2013 and promulgation of the Electricity Industry Law (for further details please… Belgium Europe Tax EU Tax Alert - February 2016 - edition 152Litigation Loyens & Loeff On 28 January 2016, the Commission published an Anti Tax Avoidance Package containing measures to address aggressive tax planning, increase tax… Czech Republic Europe Company & Commercial New obligation for out-of-court resolution of consumer disputes Havel, Holásek & Partners s.r.o. On 1 February 2016, the second part of the recent amendment to the Consumer Protection Act came into effect. This amendment includes an entirely new… European Union Europe Banking European Commission Publishes Secondary Implementing Decision on Third Country Equivalence for Purposes of Treatment of Exposures under CRRBlog Orrick, Herrington & Sutcliffe LLP A European Commission Implementing Decision on the lists of third countries considered equivalent for the purposes of the treatment of exposures… European Commission Implementing Regulation Lays Down ITS on Disclosure of Leverage Ratio for Institutions under CRRBlog Orrick, Herrington & Sutcliffe LLP A European Commission Implementing Regulation laying down implementing technical standards ("ITS") on disclosure of the leverage ratio for… ECON Publishes Reports Postponing Application of MiFID II, MiFIR, MAR and CSDRBlog Orrick, Herrington & Sutcliffe LLP The European Parliament’s Committee on Economic and Monetary Affairs ("ECON") has published two draft reports on the proposed directive postponing… EBA finalises guidelines for DGS cooperation agreements Dentons EBA has published its final guidelines on cooperation agreements between deposit guarantee schemes (DGS) under the revised DGS Directive. The… ECB consults on RTGS services future Dentons ECB has published a consultative report by the Eurosystem on the future provision of real-time gross settlement (RTGS) services. It focuses on… Commission publishes programme for hearing on retail services Dentons The Commission has published a draft programme for its public hearing on the Green Paper on retail financial services to be held on 2 March. The… EBA Publishes Final Report on Guidelines on Co-operation Agreements Between DGSs Under Recast DGSDBlog Orrick, Herrington & Sutcliffe LLP The European Banking Authority ("EBA") has published a final report on guidelines on cooperation agreements between deposit guarantee schemes… PRA Issues Policy Statement on Approach to Identifying O-SIIsBlog Orrick, Herrington & Sutcliffe LLP The UK’s Prudential Regulation Authority ("PRA") has issued a policy statement on its approach to identifying other systemically important… Revised Payment Services Directive Herbert Smith Freehills LLP The Revised Payment Services Directive (the Directive) came into effect on 12 January 2016. The revised Directive updates the current EU framework on… EU Political Update: 22 - 26 February 2016 Clifford Chance LLP On 19 February 2016, the European Council unanimously agreed the terms of a legally binding Decision containing a new settlement for the United… ECOFIN publishes conclusions on CTF action plan Dentons The Council's Economic and Financial Affairs Council (ECOFIN) has published its conclusions on the fight against terrorism (CTF). It welcomes the… Italy Introduces Government Guarantee to Facilitate NPL Transactions Paul Hastings LLP Italian banks are estimated to have roughly 200 billion euros of bad loans on their balance sheets that are now hampering a recovery and… Broader application yet sharper assessment cartel prohibitionLitigation Maverick Advocaten NV The Netherlands Authority for Consumers & Markets ("ACM") will soon be able to impose a fine for a cartel infringement of at most €900,000 (instead… Treasury Committee seeks answers on EU negotiations Dentons Andrew Tyrie MP, Chairman of the Treasury Committee, has written to the Chancellor setting out detailed questions arising from draft proposals for… This week at the UK regulators, 22 February 2016 Clifford Chance LLP In a relatively quiet week for the regulators without any concluded enforcement actions, the main announcement was the FCA's review of the assessment… Capital Markets UCITS - ESMA Issues Consolidated Q&A Dechert LLP ESMA issued consolidated Q&A on the application of the UCITS Directive on 1 February 2016. The consolidated Q&A include new questions on additional… Other EU Developments - ESMA Consults on Draft Guidelines on the Market Abuse Regulation and Issues Statement on Closet Index Tracking Dechert LLP ESMA launched its consultation on its draft guidelines on the Market Abuse Regulation ("MAR") on 28 January 2016. ESMA is seeking stakeholder's… EMIR - Further MoU Signed, Transitional Exemption from Clearing for UK Pension Schemes and Further EMIR Q&A Dechert LLP ESMA confirmed that it would cooperate with Mexican and South African regulators with respect to supervision of CCPs on 26 January 2016. ESMA issued… AIFMD - Deadline for Assessment of Third Country Regimes for AIFMD Passport Dechert LLP ESMA published a letter from the European Commission on the AIFMD passport on 19 January 2016. The European Commission has asked ESMA to complete its… MiFID II - Implementation Date to be Delayed to 3 January 2018 Dechert LLP As anticipated, the European Commission confirmed a one year delay to the implementation date of MiFID II on 10 February 2016. Read the associated… ALFI Podcast on the 2016 Supervisory Agenda Dechert LLP ALFI published a podcast containing CSSF comments on the regulatory agenda for 2016 for the investment funds sector on 1 February 2016, focusing on… ESMA details EMIR CCP guidance compliance Dentons ESMA has published compliance tables setting out which national regulators comply, or intend to comply, with various ESMA guidance in relation to… Competition & Antitrust Merger control: triggers and thresholds in the European UnionNavigator Cadwalader Wickersham & Taft LLP A structured guide to merger control triggers and thresholds in the EU... Employment & Labor Results Based Commissions and Holiday Pay in the UKLitigation Dechert LLP The Employment Appeal Tribunal has today issued its judgment in the case of Lock v British Gas in which it has confirmed that, in order to comply… Personal Messaging in the Workplace - Is there Any Privacy?Litigation Spratt Endicott Solicitors This latest case on the monitoring of personal messages on work related messaging accounts has been in the newspapers and on the radio. The coverage… Energy & Natural Resources The new energy security package a step forward to European natural gas security of supply WOLF THEISS On 16 February 2016 the European Commission ('EC') officially presented the new Energy Security Package. The set promotes the EC's increased role in… Intellectual Property 2016: developments in intellectual property law you should know aboutLitigation Ladas & Parry LLP This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark… IT & Data Protection WP29 Releases Its 2016 Action PlanBlog Squire Patton Boggs On February 11, the Article 29 Working Party (WP29) issued a statement setting out its 2016 action plan for the implementation of the General Data… Privacy shield: neuer sicherheitsschild für datentransfers in die usa?DE Vangard Der Europäische Gerichtshof (EuGH) hatte im Oktober 2015 das bisherige Safe Harbor-Abkommen zwischen der EU und den USA für ungültig erklärt. Dieses… Judicial Redress Act of 2015 Presented to the PresidentLitigationBlog Quarles & Brady LLP Less than a year following its introduction in Congress, the Judicial Redress Act of 2015 was presented to the President on February 12, 2016… Companies breaching data protection laws may face higher data protection fines - Undertakings will have two years to prepare for the new rules Baker & McKenzie Multinationals are now facing significant challenges due to changes in the data transfer mechanisms between the European Union and the United States… Political arrangement between the EU and the US after the invalidation of the safe harbor: "the EU-US privacy shield" August & Debouzy After months of negotiations, on February 2, 2016 the European Commission and the United States have finally reached an arrangement on a new… U.S. - EU Privacy Shield Framework Details to be Provided by End of FebruaryLitigation Nelson Mullins Riley & Scarborough LLP European Union and United States officials announced early February 2016 a political agreement to create the "Privacy Shield", an anticipated… Tax EU Tax Alert - February 2016 - edition 152Litigation Loyens & Loeff On 28 January 2016, the Commission published an Anti Tax Avoidance Package containing measures to address aggressive tax planning, increase tax… France Europe Company & Commercial Reform of contract law and of the obligations’ general and evidence rules: the ordinance is published August & Debouzy The ordinance n° 2016-131 dated February 10, 2016 on the reform of contract law and of the obligations’ general and evidence rules (the «Ordinance»)… France: Adoption of a historical reform of contract law Holman Fenwick Willan LLP On 10 February 2016, the French government enacted an Ordinance reforming the provisions of the French Civil Code relating to contracts (Ordinance n°… Employment & Labor Solidarité financière en cas de sous-traitance relevant du travail dissimulé : conditionsFR Capstan Les documents énumérés par l’article D. 8222-5 du code du travail sont les seuls dont la remise permet à la personne dont le co-contractant est… La décision de la CPAM sur la prise en charge ou non de l’accident est sans incidence sur l’action en reconnaissance de la faute inexcusableFR Capstan Ayant pour objet exclusif la prise en charge ou le refus de prise en charge, au titre de la législation professionnelle, de l’accident, de la maladie… La déduction à titre de frais professionnels des frais de notaire exposés par le salarié pour l’acquisition d’un nouveau logement dans le cadre d’une mobilité professionnelle est possibleLitigationFR Capstan Selon l’article 8, 2°, de l’arrêté interministériel du 20 décembre 2002 relatif aux frais professionnels déductibles pour le calcul des cotisations… El Khomri Bill - Impact on redundancies and dismissals Clifford Chance LLP The "El Khomri Bill", officially called "Bill aiming at introducing new liberties and new protections for companies and employees" would… Une convention collective ne peut permettre à un employeur modifier le contrat de travail sans l’accord du salariéFR Capstan Sauf disposition légale contraire, une convention collective ne peut permettre à un employeur de procéder à la modification du contrat de travail… Avant-projet de loi El Khomri - Aspects relatifs aux licenciementsFR Clifford Chance LLP L'avant-projet de Loi El Khomri, officiellement "Projet de Loi visant à instaurer de nouvelles libertés et de nouvelles protections pour les… IT & Data Protection French Data Protection Issues Decision Regarding Data Processing for Litigation Purposes Hunton & Williams LLP On February 19, 2016, the French Data Protection Authority ("CNIL") made public its new Single Authorization Decision No. 46 ("Single Authorization… Tax Trust filing duties under the French Tax CodeBlog Herbert Smith Freehills LLP Although an entity is not identified as a "trust" in its country of establishment, it could fall within the scope of the filing duty in France in… Germany Europe Employment & Labor Zugang einer Kündigung - Ein Buch mit sieben Siegeln? Teil 2DE Vangard Ist dem Arbeitgeber der Aufenthaltsort eines Arbeitnehmers unbekannt oder hat sich dieser ins Ausland „abgesetzt", kann der Arbeitgeber die Kündigung… Zugang einer Kündigung - Ein Buch mit sieben Siegeln? Teil 1DE Vangard Die Kündigung eines Arbeitsverhältnisses bedarf der Schriftform, der Unterzeichnung durch eine vertretungsberechtigte Person des - richtigen -… Einstufung als Einfirmenvertreter bei vertraglichem Tätigkeitsverbot in HandelsvertretervertragLitigationDE Mayer Brown LLP Der in einem Handelsvertretervertrag enthaltenen Bestimmung „Frau F. Ist als selbständiger Bausparkassen-/Versicherungsvertreter/-in nach § 92 i.V.m… Guernsey Europe Company & Commercial Consumer Protection Legislation GuernseyLitigation Carey Olsen The contractual landscape between consumers and traders in Guernsey will soon be changing with the introduction of the consumer protection… Hungary Europe IT & Data Protection Companies breaching data protection laws may face higher data protection fines - Undertakings will have two years to prepare for the new rules Baker & McKenzie Multinationals are now facing significant challenges due to changes in the data transfer mechanisms between the European Union and the United States… Ireland Europe Employment & Labor Ireland’s New Workplace Relations System - Lessons learned 20 weeks on Matheson As the new workplace relations system is now in operation for 20 weeks as of last Friday, we take a look at some practical lessons learned through our… IT & Data Protection DPC publishes guidance on data sharing in the public sectorBlog A&L Goodbody The Data Protection Commissioner (DPC) has published new guidance on 'Data sharing in the public sector' following the decision of the CJEU in Bara… English and Irish Courts clear the way to use technology to reduce disclosure costs in litigationLitigation A&L Goodbody Disclosure of electronic documents in litigation has become increasingly costly and complex. The exponential growth in the volume of email and other… Italy Europe Banking Italy Introduces Government Guarantee to Facilitate NPL Transactions Paul Hastings LLP Italian banks are estimated to have roughly 200 billion euros of bad loans on their balance sheets that are now hampering a recovery and… IT & Data Protection Italian Supreme Court Confirms that Consent is Required to Make Silent CallsLitigation Squire Patton Boggs The Italian Supreme Court has dismissed the appeal, filed by Enel Energia s.p.a. and Reitek s.p.a., against a decision issued by the Italian data… Netherlands Europe Banking Broader application yet sharper assessment cartel prohibitionLitigation Maverick Advocaten NV The Netherlands Authority for Consumers & Markets ("ACM") will soon be able to impose a fine for a cartel infringement of at most €900,000 (instead… Company & Commercial Towards the Netherlands Commercial Court (NCC)LitigationBlog Stibbe In September 2014 the Chairman of the Judiciary expressed its ambition to establish a Netherlands Commercial Court (NCC) to provide a special court… Shedding Light on the Dutch "Stichting": The Origins and Purpose of an Obscure but Potentially Potent Dutch Entity Jones Day During its deployment by Mylan to address Teva's $40 billion offer, more column inches have been spent on the Dutch stichting—the Dutch word for… Competition & Antitrust Tussenrapportage ACM: effectieve concurrentie op de zorgverzekeringsmarkt?NE Loyens & Loeff De Autoriteit Consument & Markt (ACM) heeft een tussenrapportage gepubliceerd over haar onderzoek naar de werking van de zorgverzekeringsmarkt. De… Corporate Finance/M&A The Dutch Defense: Flexible Anti-Takeover Mechanisms in the Netherlands Greenberg Traurig LLP Anti-takeover mechanisms aim to prevent a publicly listed company from being taken over by a hostile bidder or an activist shareholder. For many… Employment & Labor Notification obligation for foreign companies in the Netherlands Loyens & Loeff The Lower House has submitted a bill which introduces a notification obligation for foreign employers (service providers) who post workers for a… Energy & Natural Resources Real Estate Newsletter - 22 February 2016 - Edition 29Litigation Loyens & Loeff The economic crisis can now be said to lie behind us. Many project developers were negatively impacted by the crisis over the period starting in 2008… Nieuwsbrief Vastgoed- 22 februari 2016 - Editie 29LitigationNE Loyens & Loeff De economische crisis ligt vandaag de dag toch wel achter ons. Veel projectontwikkelingen hebben van de crisis in de periode vanaf 2008 hinder… Energie Update - Februari 2016 - nummer 3-2016LitigationNE Loyens & Loeff Tijdens de plenaire vergadering van 18 februari 2016 is bovengenoemd wetsvoorstel door de Tweede Kamer aangenomen bij stemming met handopsteken… Update on offshore wind energy: legislative proposal to amend the Dutch Electricity Act 1998 adopted by Dutch House of RepresentativesBlog Stibbe Within two months after the rejection of the STROOM Bill by the Dutch Senate, the Dutch House of Representatives has adopted a new legislative… Tax EU Tax Alert - February 2016 - edition 152Litigation Loyens & Loeff On 28 January 2016, the Commission published an Anti Tax Avoidance Package containing measures to address aggressive tax planning, increase tax… Romania Europe Employment & Labor Personal Messaging in the Workplace - Is there Any Privacy?Litigation Spratt Endicott Solicitors This latest case on the monitoring of personal messages on work related messaging accounts has been in the newspapers and on the radio. The coverage… Spain Europe Intellectual Property Estadísticas de la OEPM en 2015ES Cuatrecasas Gonçalves Pereira La Oficina Española de Patentes y Marcas (OEPM) ha dado a conocer las estadísticas de solicitudes, concesiones, y recursos que se han formulado… Patents The TIPO announced the statistics concerning the Patent Prosecution Highway (PPH) in the year 2015 Tsar & Tsai Under the Taiwan-U.S. PPH, there were 327 applications. There were 523 applications under the Taiwan-Japan PPH. As for the Taiwan-Spain PPH, no… La primera patente ilicitana cumple 125 añosBlogES Ibidem Law & Strategy El pasado martes 16 de febrero se cumplieron 125 años de la concesión de la primera patente a un ilicitano. Fue en 1891 cuando el empresario ilicitano… Turkey Europe Employment & Labor Turkish Constitutional Court Rules Right to Fair Trial Breached Where Decision Given Without Addressing Compensation Claims for Gender DiscriminationLitigation Moroğlu Arseven The Turkish Constitutional Court ruled that a local court breached a petitioner’s right to fair trial by giving a decision, in an employment… Ukraine Europe Company & Commercial Ukraine: refining and modernising corporate governance of state-owned companies CMS On 18 February 2016, the Ukrainian Parliament adopted the Law on Corporate Governance of State-Owned Enterprises and Municipally-Owned Companies (the… United Kingdom Europe Banking JSC BTA Bank v Ablyazov & Anor: Court considers tort of conspiracy to injure by unlawful means following breach of a freezing order/whether English court had jurisdiction/where a defendant is domiciledLitigation Clyde & Co LLP Following the breach of a worldwide freezing order made against Mr Ablyazov (for which he was found to be in contempt), the claimant bank sought to… PRA Issues Policy Statement on Approach to Identifying O-SIIsBlog Orrick, Herrington & Sutcliffe LLP The UK’s Prudential Regulation Authority ("PRA") has issued a policy statement on its approach to identifying other systemically important… Revised Payment Services Directive Herbert Smith Freehills LLP The Revised Payment Services Directive (the Directive) came into effect on 12 January 2016. The revised Directive updates the current EU framework on… EU Political Update: 22 - 26 February 2016 Clifford Chance LLP On 19 February 2016, the European Council unanimously agreed the terms of a legally binding Decision containing a new settlement for the United… Treasury Committee seeks answers on EU negotiations Dentons Andrew Tyrie MP, Chairman of the Treasury Committee, has written to the Chancellor setting out detailed questions arising from draft proposals for… This week at the UK regulators, 22 February 2016 Clifford Chance LLP In a relatively quiet week for the regulators without any concluded enforcement actions, the main announcement was the FCA's review of the assessment… Capital Markets EMIR - Further MoU Signed, Transitional Exemption from Clearing for UK Pension Schemes and Further EMIR Q&A Dechert LLP ESMA confirmed that it would cooperate with Mexican and South African regulators with respect to supervision of CCPs on 26 January 2016. ESMA issued… Company & Commercial The Rise of Innovation Partnerships Ashfords LLP When US retail giant Target announced last year that it was partnering up with a well-known start-up accelerator, it was making a claim for embracing… Enhancing UK Company Transparency: Persons with Significant Control Vedder Price PC On 26 March 2015 the Small Business, Enterprise and Employment Act 2015 (the Act) received Royal Assent. The Act covers a diverse range of topics… UK: Claiming under FSMA 2000 - when is a "private person" not a private person?Litigation Holman Fenwick Willan LLP In light of the recent PPI and other financial products mis- selling scandals, banks have been paying out billions of pounds in compensation to… Heightened Disclosure Obligations in Respect of Controllers of UK Companies and LLPs Paul Hastings LLP From April 2016, UK incorporated companies and LLPs will be required to maintain a register (a "PSC Register") and make certain public disclosures in… 5 tips for setting up a new business Boodle Hatfield Running your own business can be very rewarding but success is not always guaranteed. Businesses are most vulnerable to failure during their early… Corporate Finance/M&A M&A Weekly Update 12 - 18 February 2016 Macfarlanes LLP BIS has published non-statutory guidance on the "Register of People with Significant Control" (the "Guidance"). The Guidance summarises the new PSC… Employee Benefits & Pensions High Court overturns Pensions Ombudsman in liberation case Litigation CMS The High Court has given judgment in Hughes v The Royal London Mutual Insurance Society, the first appeal from the Pensions Ombudsman Service in… Employment & Labor Working Time Directive uncertainty at root of new casesLitigationBlog Brodies LLP The Working Time Directive gives employees the right to holiday pay but provides little clarity on how this pay should be calculated. This uncertainty… Results Based Commissions and Holiday Pay in the UKLitigation Dechert LLP The Employment Appeal Tribunal has today issued its judgment in the case of Lock v British Gas in which it has confirmed that, in order to comply… Judgment in Lock v British Gas: Holiday pay must include commissionLitigation DWF LLP The judgment of the Employment Appeal Tribunal (EAT) has been handed down today (22 February) in the case of Lock v British Gas and has been… The Sex Discrimination and Equal Pay Legislation - 40 Years On Spratt Endicott Solicitors Am I talking to you? If you have had a recent Birthday then I do wish you a many happy returns! But actually I am talking to the Sex discrimination… Personal Messaging in the Workplace - Is there Any Privacy?Litigation Spratt Endicott Solicitors This latest case on the monitoring of personal messages on work related messaging accounts has been in the newspapers and on the radio. The coverage… Lock v British Gas: Unlocking the mysteries of holiday payLitigation Clyde & Co LLP The Employment Appeal Tribunal (EAT) has confirmed that employers must take results-based commission into consideration when calculating an employee's… May the Hydraulic Force Be With You CMS The Health and Safety Executive ("HSE") has recently revealed that it is prosecuting Foodles Production (UK) Ltd ("Foodles") for four alleged health… Two bites of two cherries?Litigation Bond Dickinson LLP The recent Court of Appeal decision of (1) Andrew Brown (2) Caroline Brown v Complete Buildings Solutions Limited is a helpful reminder of how the… UK: EAT rejects appeal on inclusion of commission in holiday payLitigationBlog Herbert Smith Freehills LLP The EAT gave its judgment on the appeal in Lock v British Gas Trading yesterday. It upheld the tribunal's ruling that words can be written into the… Lock v British Gas - EAT issues further decision on holiday payLitigation CMS The eagerly-awaited decision of the Employment Appeal Tribunal in Lock v British Gas Trading Limited has been published, confirming that commission… Heneghan v Manchester Dry Docks: Court of Appeal considers whether several employers were liable in full or proportionately where exposure to asbestos caused lung cancerLitigation Clyde & Co LLP The first instance decision in this case was reported in Weekly Update 47/14. The claimant employee was exposed to asbestos over the course of his… Forms of employee ownership Fieldfisher LLP Employee ownership ('EO') is a successful business model as demonstrated by Arup, the John Lewis Partnership, Swan Morton, Wilkins & Sons (Tiptree… Energy & Natural Resources Offshore Renewable Energy Installations: New Marine Guidance Note - MGN 543 (M+F) Ashfords LLP On the 18 February 2016 the Maritime and Coastguard Agency issued a new Marine Guidance Note related to Safety of Navigation (MGN 543 (M+F)) for… Insolvency & Restructuring Court of Appeal guidance on challenging the validity of an IVA under section 262: Nirandas-Girdhar v Bradstock [2016] EWCA Civ 88Litigation Hardwicke Section 262(1) of the IA 1986 provides that a debtor, creditor or nominee may apply to the court where: (a) a voluntary arrangement approved by… To Sue or Not to Sue - Part 2 Spratt Endicott Solicitors Welcome to the second article in this amazing series which looks at what you can do to try to extract money from a stubborn business debtor. In the… IT & Data Protection You Can't Hide Behind Your EULA Cooley LLP Companies trying to shift liability for data breach by hiding catch-all exclusion clauses in End User Licence Agreements (EULAs) can learn from one… English High Court Approves the Use of Predictive CodingLitigation Ropes & Gray LLP The English High Court decision of Master Matthews (February 16, 2016) approved the use of predictive coding to satisfy the disclosure requirement… Safe Harbor: Calmer Waters on the Horizon Squire Patton Boggs The ICO has published a blog providing an update on the new Safe Harbor 2.0 - the EU-US Privacy Shield. They report that it is too early to say… English and Irish Courts clear the way to use technology to reduce disclosure costs in litigationLitigation A&L Goodbody Disclosure of electronic documents in litigation has become increasingly costly and complex. The exponential growth in the volume of email and other… Pyrrho Investments Ltd v MWB Property: English court approves the use of "predictive coding" in an e-disclosure exercise for the first timeLitigation Clyde & Co LLP "Predictive coding" (also known as technology, or computer, assisted review), is a method whereby software analyses documents and "scores" them for… Patents Of mice and patents — Kymab beats Regeneron for insufficiencyLitigation Fieldfisher LLP The Patents Court made rulings in a claim concerning transgenic mice that could be used as platforms for therapeutic antibody discovery. In… Private Client & Offshore Services Neighbour from hell? Try living next door to the French EmbassyLitigation Ashfords LLP Self-made billionaire property tycoon, Jon Hunt, founder of Foxtons estate agents, is in a ferocious legal battle with the French ambassador, Sylvie… JSC Mezhdunarodniy v Pugachev & Ors: Freezing orders and non-disclosure/proving the risk of dissipationLitigation Clyde & Co LLP The claimant obtained a worldwide freezing order over assets which are being held under discretionary trusts (on the basis that the defendant had… Professional Negligence Dental nurse struck off for performing face lift on friend Penningtons Manches LLP A dental nurse from Bradford has been struck off after being found to have performed a surgical face lift on a friend at her home despite having no… Medical negligence lawyer reacts to new statistics on 'never events'Litigation Leigh Day NHS England data shows that over 1000 patients have suffered 'never events' in the last four years. Medical negligence solicitor Stephen Jones is… Medical negligence lawyer highlights dangers of encephalitisLitigation Leigh Day We acted for Tom (not his real name) who suffered encephalitis (inflammation of the brain) caused by the herpes simplex virus - Herpes Simplex… Tax SDLT - Sub-Sales and Forward Funding Burges Salmon LLP As a general principle, stamp duty land tax ("SDLT") is charged to the buyer on the total purchase price for a land transaction, which will usually… Africa Africa & Middle East Corporate Finance/M&A African Technology Startups Gaining Attention Greenberg Traurig LLP The increasingly noticeable discussions of the tech boom taking shape across Africa were recently further bolstered by news about startup financings… Algeria Africa & Middle East Energy & Natural Resources Algeria launches drive for 4,500 MW of renewable energy capacity by 2020 Eversheds LLP Algeria's Energy Minister, Salah Khebri, has recently announced its intention to procure the development of 4,500 MW of renewable energy projects by… Israel Africa & Middle East Capital Markets תיקונים לתקנות החברותHE Shibolet & Co Advocates & Notaries כחלק מהמתווה שנועד להקל על הממשל התאגידי של חברות ציבוריות, אישרה, ביום 8 בפברואר 2016, ועדת חוקה, חוק ומשפט מספר הוראות שמטרתן לייצר "מדרג רגולציה"… Employee Benefits & Pensions תיקון 12 לחוק הפיקוח - האם נאמרה המילה האחרונה?HE Shibolet & Co Advocates & Notaries ביום 5 פברואר 2016, נכנס לתוקף תיקון מס' 12 לחוק הפיקוח על שירותים פיננסיים (קופות גמל), תשס"ה- 2005 ("תיקון 12"- ו"החוק" בהתאמה), המהווה נדבך נוסף… Amendment 12 of the Supervision Law - Has the Final Word been Spoken? Shibolet & Co Advocates & Notaries On February 5, 2016, Amendment No. 12 of the Supervision of Financial Services (Provident Funds) Law, 5765-2005 ("Amendment 12″ and the "Law"… IT & Data Protection להתראות נמל מבטחים; שלום מגן פרטיותHE Shibolet & Co Advocates & Notaries כי העברת מידע לארה"ב ממאגרי מידע בישראל לא תותר יותר מכוח תקנה 2(8)(2) לתקנות הגנת הפרטיות (העברת מידע אל מאגרי מידע שמחוץ לגבולות המדינה)… Nigeria Africa & Middle East Energy & Natural Resources Nigerian Power Sector: Opportunities and Challenges for Investment in 2016 Latham & Watkins LLP During the launch of Power Africa in 2013, President Barack Obama declared "Access to electricity is fundamental to opportunity in this age. It’s the… Qatar Africa & Middle East Employment & Labor Termination of Employment and End of Service Benefit in Qatar - A Summary Clyde & Co LLP This article aims to provide a brief summary of the key provisions regulating the termination of employment and the payment of end of service benefit… South Africa Africa & Middle East Company & Commercial Alarming new BEE Regulations Shepstone & Wylie Attorneys The draft Regulations to the Broad-Based Black Economic Empowerment ("BEE") Act, 2003, published on 17 February 2016 contain some alarming new… Broad-Based Black Empowerment Regulations, 2016: Invitation for the public to comment on the draft Shepstone & Wylie Attorneys In a Notice published on 17 February, the DTI has released for comment draft regulations to the BEE Act. These regulations pertain largely to the… Tax Taxation Laws Amendment - Update Shepstone & Wylie Attorneys Earlier this year we informed you that the legislation to give effect to the tax harmonisation of retirement funds had been signed into law by the… United Arab Emirates Africa & Middle East Employment & Labor New year, new employment laws: Your guide to the key changes Baker & McKenzie 1 January 2016 saw a new set of Ministerial Decrees issued by the UAE's Ministry of Labour come into force, following their publication on the… Other top stories Clauses requiring payment of a present debt in the future - penal? Data Breaches are on the Rise in Australia: What if it Happens to You? Online piracy: Dallas Buyers Club throws in the towel but the fight continues Virgin Australia tweet slays Kanye. When social media goes wrong (or really really right) Status update: How to have a strong and effective social media policy WARNING: Are you sure that your goods held off-site by a subcontractor doesn't constitute a PPS Lease? FIRB and Tax - Closer together Use of post- and pre-contractual conduct: what can be taken into account and for what purpose? Employer excused from liability for employee’s psychiatric injury Takeovers in Australia - Guide Event notice Guernsey Masterclass – Hong Kong office launch Guernsey FinanceHong Kong, 2 March 2016 Tapestry Webinar – Tips and trips when translating Tapestry Compliance LLPWebinar, 2 March 2016 Unsubscribe |Disclaimer |Privacy policy This email is being sent to you by Lexology on behalf of Globe Business Publishing Contact Lexology About Lexology © 2006-2016 Globe Business Publishing Ltd