From: editorc@lexology.com
Subject: Lexology - practical know-how
Date: February 11, 2016 at 10:10AM
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 (526,460 articles) Asia Pacific | North America | Latin America & Caribbean | Europe | Africa & Middle East Australia Asia Pacific Banking Payday lender penalised for overcharging consumers DLA Piper LLP ASIC continues to focus on the payday lending sector with Fair Go Finance Pty Ltd (Fair Go Finance) becoming the most recent lender to be… Capital Markets ESMA’s advice on the application of the passport to non-EU alternative investment fund managersBlog Cooley LLP It might soon be possible for alternative investment fund managers (AIFMs) in the United States of America, Hong Kong, Singapore, Japan, Canada, the… Competition & Antitrust What to do if the ACCC come knocking: Practical tips for handling "dawn raids" by the ACCC DLA Piper LLP In our third and final article on the Australian Competition & Consumer Commission’s (ACCC) coercive information-gathering powers, we examine the… Employment & Labor Christmas cheer no excuse for an involuntary pool party Litigation Baker & McKenzie An employee woke up with more than a hangover when his employment was terminated following an eventful work Christmas party. The Fair Work Commission… Energy & Natural Resources Recent legislative changes in Victoria help pave the way for growth in solar distributed generationVictoria DLA Piper LLP Recent legislative changes in Victoria have given impetus to the debate about rooftop solar and the extent to which householders and businesses can… New financial provision regulations under NEMA Clyde & Co LLP Exacting requirements for the mining industry and an alert for environmental guarantee insurers: the new financial provision regulations under the… Legal Practice Trust disputes and privilege claims by trusteesLitigation Bartier Perry The case of Hancock v Rinehart (Privilege) [2016] NSWSC 12 related to a legal professional privilege claim concerning the Hope Margaret Hancock Trust… Patents 12 signposts to stop your computer implemented inventions from going down the bad road of Non-Patentable Subject Matter in AustraliaLitigationBlog Phillips Ormonde Fitzpatrick The Australian Patent Office has updated their Patent Manual of Practice and Procedure on 1 February 2016 to include the following signposts to… IP Australia trialing pre-examination notifications AJ Park IP Australia is currently trialing issuing pre-examination notifications to patent applicants two months before their patent application is due to be… Event notice Intellectual Property Considerations of the Trans-Pacific Partnership (TPP) Baker & McKenzieWebinar, 17 February 2016 Asia-Pacific Asia Pacific Energy & Natural Resources Mega-Regional Agreements Could Reshape International Trade in Chemical Products Squire Patton Boggs Major trade negotiations in two parts of the world have the potential to greatly benefit the chemicals industry in the coming years. The… Cambodia Asia Pacific Tax Cambodia: New Taxpayer Classes and Fees for Patent Tax Tilleke & Gibbins Cambodia has introduced a new law and subsequent regulations which categorize all taxpayers into one of three classes based on criteria relating to… China Asia Pacific Banking Legal flash I Shanghai Office - February 2016: People’s Bank of China’s circular on expanding the pilot program for crossborder financing in free-trade zones (中国人民银行关于扩大全口径跨境融资宏观审慎管理试点的通知) Cuatrecasas Gonçalves Pereira Following the success of the pilot program in the Shanghai Free Trade Zone, effective from January 25, 2016, the People’s Bank of China ("PBOC") has… Company & Commercial Legal flash I Shanghai Office - February 2016: State Council’s decision to improve the measures for the recognition of high and new technology entreprises’ status (国务院常务会议确定完善高新技术企业认定办法) Cuatrecasas Gonçalves Pereira The State Council has decided to amend the measures for the recognition of high and new technology enterprises’ status to ensure greater policy… Competition & Antitrust Dentons' pick of global regulatory trends to watch in 2016Litigation Dentons The Department of Justice (DOJ) continues to investigate and seek criminal charges against worldwide cartels. This enforcement activity will remain… Energy & Natural Resources China’s Current Involvement in Mining in Africa Mayer Brown LLP There is no doubt that mining in Africa has been attractive to Chinese investors. According to statistics from the Ministry of Commerce of the PRC… Intellectual Property 中国知的財産権に関する最新動向（2016年1月）——第二部分：中国IP権利行使に関する新たな状況：Louis Vuittonの淘宝店舗に対する経済賠償請求25万元の訴えLitigationJA HFG Law & Intellectual Property 2016年1月、北京市海淀区人民法院はLouis Vuitton Malletier(Louis Vuitton商標所有者)の起訴を受理し、梁○、梁○○、韓○の淘宝でのLouis Vuittonブランドのカバン、靴等の偽物の販売行為に対し、Louis… 中国知的財産権に関する最新動向（2016年1月）——第二部分：中国IP権利行使に関する新たな状況：「非誠勿扰」が「縁来非誠勿扰」と改名され、三年に渡る商標侵害案件が定着 LitigationJA HFG Law & Intellectual Property 江蘇テレビのレギュラーお見合番組「非誠勿扰」の放送してからの6年以来、中国男女若者から非常に人気を集めた。2015年12月21日、… 中国知的財産権に関する最新動向（2016年1月）——第一 部分：中国IP業界の発展における新たな動き：HFGのLanny が北京知識産権法院の裁判官と面会し、2016年知識産権審 理の新たな動きについて検討LitigationJA HFG Law & Intellectual Property 2016年1月中旬、Lannyは北京知識産権法院の裁判官と面会し、北京知識産権法院における案件審理の全体的状況について交流を行った。… 中国知的財産権に関する最新動向（2016年1月）——第二部分：中国IP権利行使に関する新たな状況：微信知識産権保護白書の発表JA HFG Law & Intellectual Property 欧米国家のwhatapp、日本のline、韓国のkakaotalkのようなアプリと同様、中国の微信は中国人に取って最も使われているSNSである。… 中国知的財産権に関する最新動向（2016年1月）——第一部分：中国IP業界の発展における新たな動き：国家知識産権局の公布によれば、2015年中国発明特許の年間出願数は初めて100万件を突破JA HFG Law & Intellectual Property 1月14日、国家知識産権局は2015年中国発明特許出願及び権利付与等相関データを発表した。それによると、2015年国家知識産権局は発明特許出願を前年比18.7％増加の110.２万件を受理し、５年連続で世界首位となった。発明特許権の付与は35.9万件、その中で国内発明特許権の付与は26… IT & Data Protection Legal flash I Shanghai Office - February 2016: China’s first anti-terrorism law (全国人民代表大会常务委员会颁布中国首部反恐怖主义法) Cuatrecasas Gonçalves Pereira After three reviews of the first draft released for public comment on November 3, 2014, China’s first anti-terrorism law ("ATL") was passed on… Tax Clients & Friends Newsletter- February 2016 Baker & McKenzie Effective 1 January 2016, the Belgian government adopted new legislation that imposes a 33% capital gains tax (referenced locally as the "speculation… Legal flash I Shanghai Office - February 2016: State Administration of Taxation’s announcement on stopping value-added tax special invoices being issued in the freight transportation industry (SAT announcement [2015] no.99) (国家税务总局关于停止使用货物运输业增值税专用发票有关问题的公告) Cuatrecasas Gonçalves Pereira When the value-added tax ("VAT") reform was implemented on January 1, 2012, the SAT approved the use of a VAT special invoice for the freight… Legal flash I Shanghai Office - February 2016: State Administration of Taxation’s announcement on matters concerning the super-deduction policy for research and development expenses (SAT announcement [2015] no.97) (国家税务总局关于企业研究开发费用税前加计扣除政策有关问题的公告) Cuatrecasas Gonçalves Pereira Following the release of Circular Caishui [2015] No. 119 ("Circular 119"), 2 on December 29, 2015, the State Administration of Taxation ("SAT")… Hong Kong Asia Pacific Capital Markets ESMA’s advice on the application of the passport to non-EU alternative investment fund managersBlog Cooley LLP It might soon be possible for alternative investment fund managers (AIFMs) in the United States of America, Hong Kong, Singapore, Japan, Canada, the… India Asia Pacific Competition & Antitrust Competition Commission of India (CCI) closes case against General Insurance Public Sector Undertakings and their association for alleged cartelization Vaish Associates Advocates The CCI, by its order dated January 4, 2016, has closed a case alleging anti-competitive agreements between the four PSU general insurance companies… Competition Appellate Tribunal (COMPAT) directs re-consideration by CCI against movie producers/ distributors for alleged cartelisation in setting unfair standards in cinema exhibitionLitigation Vaish Associates Advocates COMPAT, by its order dated December 8, 2015 reversed the order of CCI dated April 22, 2015 which closed a case without initiating investigation… CCI dismisses allegations of abuse of dominant position against Bangalore International Airport Limited (BIAL) and Airports Authority of India (AAI) Vaish Associates Advocates CCI by its order dated January 1, 2016 dismissed a case against KIAB and AAI for alleged abuse of its dominant position. The case was filed by Turbo… CCI to investigate the Chettinad International Coal Terminal Pvt. Ltd. and Kamarajar Port Ltd. for alleged abuse of dominance Vaish Associates Advocates CCI by its order dated January 4, 2016 has initiated an investigation against Kamarajar Port Ltd. (the erstwhile Ennore Port) and Chettinad… COMPAT sets-aside penalty imposed on Himachal Pradesh Chemist & Druggist Alliance (HPCDA) on account of failure to observe principles of natural justice during investigation by the DG Vaish Associates Advocates COMPAT, by its order dated January 13, 2016, has set-aside the penalty imposed by the CCI on HPCDA and ordered re-investigation into allegations of… CCI dismisses allegations of abuse of dominant position against Aura Real Estate (ARE) and Waghere Promoters Vaish Associates Advocates CCI by its order dated January 7, 2016 dismissed the allegations of violation of abuse of dominant position against "ARE" and Waghere Promoters… Corporate Finance/M&A CCI approves proposed combination notice filed by FIL Capital Investments (Mauritius) II Limited Vaish Associates Advocates The CCI, by its order dated January15, 2016 has approved the proposed combination relating to the acquisition of 26.11% shareholding of the paid-up… Tax Clients & Friends Newsletter- February 2016 Baker & McKenzie Effective 1 January 2016, the Belgian government adopted new legislation that imposes a 33% capital gains tax (referenced locally as the "speculation… Japan Asia Pacific Capital Markets ESMA’s advice on the application of the passport to non-EU alternative investment fund managersBlog Cooley LLP It might soon be possible for alternative investment fund managers (AIFMs) in the United States of America, Hong Kong, Singapore, Japan, Canada, the… New Zealand Asia Pacific Banking Attempts to de-register overseas financial service providers run into confusionLitigation Wilson Harle Two High Court decisions towards the end of 2015 delivered conflicting results on the ability of New Zealand's main financial regulator, the… Tax Inland Revenue - a duty to treat taxpayers consistentlyLitigation Chapman Tripp In a recent judgment the High Court has found it arguable that the Commissioner of Inland Revenue owes a duty to act consistently in her treatment of… Singapore Asia Pacific Banking Financial Services Regulation - Singapore - January 2016 DLA Piper LLP The Monetary Authority of Singapore (MAS) - the country’s central bank and regulator of financial institutions (FIs) - has been active in recent… Capital Markets ESMA’s advice on the application of the passport to non-EU alternative investment fund managersBlog Cooley LLP It might soon be possible for alternative investment fund managers (AIFMs) in the United States of America, Hong Kong, Singapore, Japan, Canada, the… Canada North America Capital Markets Introduction de règles de déclaration des opérations sur dérivés dans les autres ressorts canadiens FR Blake Cassels & Graydon LLP Le 22 janvier 2016, les autorités canadiennes en valeurs mobilières de l’Alberta, de la Colombie-Britannique, du Nouveau-Brunswick, de… ESMA’s advice on the application of the passport to non-EU alternative investment fund managersBlog Cooley LLP It might soon be possible for alternative investment fund managers (AIFMs) in the United States of America, Hong Kong, Singapore, Japan, Canada, the… Company & Commercial Does Being an Ontario Not-For-Profit Corporation Mandate Audited Financial Statements?Ontario Torkin Manes LLP Given that many (although certainly not all) not-for-profit corporations ("NFPs"), both charitable and non-charitable, have a December year end… It's Proxy Time! Borden Ladner Gervais LLP For many Canadian public companies, a New Year signals that a new proxy season is just around the corner. On January 12, 2016, BLG and the Toronto… Competition & Antitrust A Primer on Competition Investigations in Canada Bennett Jones LLP The Competition Bureau just telephoned. They have started an "inquiry". Your company is about to receive a "section 11 Order". What's happening, and… BC Court denies disclosure based on public interest privilege in Pro-Sys v. MicrosoftBritish ColumbiaLitigation Fasken Martineau DuMoulin LLP On January 22, 2016, Justice Myers of the Supreme Court of BC issued a decision denying the plaintiffs' request for disclosure of documents collected… Dentons' pick of global regulatory trends to watch in 2016Litigation Dentons The Department of Justice (DOJ) continues to investigate and seek criminal charges against worldwide cartels. This enforcement activity will remain… Customers of wireless communications provider Telus to receive rebates as part of Competition Bureau Agreement Smart & Biggar/Fetherstonhaugh On December 30th, 2015, the Canadian Competition Bureau, which is responsible for administration and enforcement of the Competition Act, announced… Corporate Finance/M&A The Strategic Value of Transaction Insurance Bennett Jones LLP When we provided our thoughts on representation and warranty insurance (RWI) this time last year (Getting a Deal to Closing with Transaction… Employment & Labor A Brave New World? - Probably Not But Employers Sometimes Have To Deal With 26 Months’ Notice and "Dependant Contractors"OntarioLitigationBlog McCarthy Tétrault LLP The Ontario Court of Appeal has further shattered the "24 month maximum" myth. In Keenan v. Canac Kitchens Ltd., the Court of Appeal upheld a Trial… Anatomy of An Employment LawyerBlog Rubin Thomlinson LLP "Work is one of the most fundamental aspects in a person’s life, providing the individual with a means of financial support and, as importantly, a… The Ministry of Labour’s Safe Operation of Machinery Blitz is Underway...Ontario Aird & Berlis LLP The Ontario Ministry of Labour ("MOL") launched its Safe At Work Ontario compliance strategy in June 2008. As its title suggests, its aim is to make… Energy & Natural Resources Northern Gateway: BC Supreme Court Rules that British Columbia Must Issue its Own EA Decision and Consult First NationsLitigation Bennett Jones LLP In Coastal First Nations v British Columbia (Environment), 2016 BCSC 34, the court decided British Columbia must issue its own environmental decision… Ontario Power Generation Succeeds in OEB Review MotionOntario Aird & Berlis LLP On January 28, 2016, the Ontario Energy Board issued a decision on a review motion from Ontario Power Generation (OPG) that effectively reversed part… IT & Data Protection CRTC executes its second malware investigation under Canada’s Anti-Spam Legislation (CASL) Gowling Lafleur Henderson LLP On January 27, 2016, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that it executed a warrant under Canada’s… Publication de faits privés embarrassants : un tribunal de l’Ontario reconnaît un nouveau délit pour atteinte à la vie privéeOntarioLitigationFR Blake Cassels & Graydon LLP Dans l’affaire Doe 464533 v. N.D. (« Doe 464533 »), la Cour supérieure de justice de l’Ontario (la « cour ») a conclu que la publication en ligne… Holding the black bag: Personal health information and bankruptcy proceedingsOntarioLitigation Gowling Lafleur Henderson LLP A recent decision of the Ontario Information and Privacy Commissioner (OPC) highlights the potentially broad application of the Personal Health… Ontario court develops new tort of "public disclosure of embarrassing private facts" in "revenge porn" caseOntarioLitigation Gowling Lafleur Henderson LLP On January 21, 2016, Justice Stinson of Ontario’s Superior Court released his judgment in what is certain to become a significant decision in the… Canada’s Anti-Spam Legislation: Considering CASL in Business TransactionsBlog McCarthy Tétrault LLP Since coming into force on July 1st, 2014, Canada’s Anti-Spam Legislation ("CASL") has created new concerns and risks that must be addressed in… Non-profit Organizations Does Being a Federal Not-For-Profit Corporation Mandate Audited Financial Statements? Torkin Manes LLP Given that many (although certainly not all) not-for-profit corporations ("NFPs"), both charitable and non-charitable, have a December year end… Patents Patentability in CanadaLitigationNavigator Gowling Lafleur Henderson LLP A structured guide to patents law and practice in Canada... Private Client & Offshore Services Top wills and estates law cases - costsAlbertaLitigation Bennett Jones LLP The first part of this paper includes an overview of the current state of the law in Alberta as it pertains to costs in estate litigation. This… Tax Client Update — February 2016 WeirFoulds LLP On February 9, 2016, the City of Toronto’s Budget Committee will present to the City’s Executive Committee a proposal to further study the impact of… USA North America Banking Financial Services Regulation - USA - January 2016 DLA Piper LLP Citing the Dodd-Frank Act’s objective of ending "too big to fail", the Federal Reserve released a proposed rule (Proposed Rule) during the final… UPDATE re Is New York's Proposal a Harbinger of Things to Come? Certification of BSA/AML Compliance and Personal Liability for Mistaken or False CertificationNew York Manatt Phelps & Phillips LLP This announcement comes just days after New York Governor Andrew Cuomo nominated Maria Vullo, another lawyer, to replace Benjamin Lawsky, who… Can New Beneficial Owner Identification Requirement for Cash-Only Real Estate Deals in Miami and New York City Be Avoided if Virtual Currency Is Used? Manatt Phelps & Phillips LLP After years of concern about money laundering through shell corporations, repeated legislative and regulatory efforts to gain more information on… FYI: Fla App Ct (2d DCA) Holds Foreclosure Not Barred by Lack of FCCPA "Notice of Assignment," Certifies Issue to Fla Sup CtFlorida LitigationBlog Maurice Wutscher LLP The District Court of Appeal of Florida, Second District ("Second DCA"), recently held that a notice of assignment of a mortgage loan pursuant to the… CFPB Orders "Buy Here, Pay Here" Auto Dealer to Pay $800,000 for "Abusive" Financing Schemes Manatt Phelps & Phillips LLP Continuing to keep a close eye on the auto lending industry, the Consumer Financial Protection Bureau (CFPB) ordered a "Buy Here, Pay Here" car… FDIC’s Winter 2015 Supervisory Insights Focus on Cybersecurity and Marketplace Lending Concerns Locke Lord LLP On February 1, 2016, the Federal Deposit Insurance Corporation (FDIC) released its Winter 2015 Supervisory Insights publication. One of the primary… Raising the Stakes for AML Compliance Officers: Court Refuses to Rule Out Potential Liability for Role in Employer's BSA Compliance ShortcomingsMinnesotaLitigation Manatt Phelps & Phillips LLP A federal court judge in Minnesota has rejected the motion of a former chief compliance officer to dismiss the U.S. government's claim that he is… OFAC Announces Its First "50 Percent Rule" PenaltyBlog Holland & Hart LLP Yesterday, the U.S. Department of the Treasury's Office of Foreign Assets Control announced the first settlement of apparent violations based on its… Bank Executives, Board Members Hit With SEC Fraud ChargesLitigation Manatt Phelps & Phillips LLP A group of bank executives and board members were hit with fraud charges by the Securities and Exchange Commission (SEC), with the agency accusing… Banks Should Take Note of FINRA 2016 Examination Priorities Manatt Phelps & Phillips LLP The Financial Industry Regulatory Authority (FINRA), the independent self-regulatory body for the securities industry, has issued its list of… Capital Markets Dissecting the New Section 4(a)(7) Mintz Levin Cohn Ferris Glovsky and Popeo PC President Obama signed into law the Fixing America’s Surface Transportation Act (the "FAST Act") on December 4, 2015 to address the nation’s… SEC Adopts Interim Final Rules to Implement FAST Act Public Offering Provisions Cahill Gordon & Reindel LLP In January 2016, the Securities and Exchange Commission ("SEC") adopted interim final rules and forms to implement certain public offering provisions… An SEC investigation: to disclose, or not disclose?Litigation DLA Piper LLP In a recent decision, the Ninth Circuit addressed for a second time the question of whether an issuer’s disclosure of a Securities and Exchange… Regulators' Heightened Emphasis on Cybersecurity Preparedness Bass, Berry & Sims PLC Cyberthreat concerns long-raised by securities regulators were evident in testimony today before the Senate Armed Services Committee by Director of… ESMA’s advice on the application of the passport to non-EU alternative investment fund managersBlog Cooley LLP It might soon be possible for alternative investment fund managers (AIFMs) in the United States of America, Hong Kong, Singapore, Japan, Canada, the… A Conversation with Chair WhiteBlog Morrison & Foerster LLP Chair White spoke at the Annual Securities Regulation Institute in San Diego last week and participated in a Q&A session. We have highlighted below… Spotlight on Spoofing: Looking Back at 2015 and Forward to 2016Litigation Jones Day In 2014, regulators signaled that they would focus their efforts on investigating and prosecuting individuals engaged in spoofing. True to their word… Company & Commercial Writing Effective and Clear Compliance Policies Volkov Law Group In the press of compliance priorities, chief compliance officers have to prioritize what is important and what is not. In some respects, the task of… Supervisory "Concerns" with Shareholder Protection ArrangementsBlog Bryan Cave LLP In December 2015 (following years of sporadic and seemingly random criticism) of shareholder protection arrangements, the Board of Governors of the… Illinois Appellate Court Upholds Finding of Consumer Fraud Act Violation in Sales Tax Overcollection CaseIllinoisLitigationBlog McDermott Will & Emery The Illinois Appellate Court recently affirmed a finding for a plaintiff individual, upholding the circuit court’s conclusion that defendant Sears… Competition & Antitrust Antitrust and Privacy Alert | The FTC Issues Native Advertising Guidelines Hogan Lovells If you’ve ever opened your washing machine to find white socks turned a pale shade of pink, you can relate to the sentiment of Buzzfeed UK’s piece "14… Dentons' pick of global regulatory trends to watch in 2016Litigation Dentons The Department of Justice (DOJ) continues to investigate and seek criminal charges against worldwide cartels. This enforcement activity will remain… Drug Testing Company Settles FTC Case Alleging Invitation to ColludeLitigation McDermott Will & Emery The FTC has entered into a final settlement with Drug Testing Compliance Group LLC (DTC Group) by order issued January 21, 2016, resolving an… Copyrights Copyright and Social Media: A place for comment, sharing, and fair use?LitigationBlog Baker & Hostetler LLP In the coming days, a trial is set to begin in the Southern District of New York in the case of North Jersey Media Group Inc. v. Jeanine Pirro. The… Cox Communications Liable for Willful Contributory Copyright Infringement for "Turning a Blind Eye" to Music Piracy by Its SubscribersLitigation Manatt Phelps & Phillips LLP Following a two-week trial in the case of BMG Rights Management (US) LLC v. Cox Communications, Inc., on December 17, 2015, a federal jury found… To Be or Not to Be… Is Internet Streaming a "Cable System" Under the Copyright Act?Litigation Manatt Phelps & Phillips LLP On November 12, 2015, a D.C. federal judge ruled in Fox Television Stations, Inc. v. FilmOn X LLC that the FilmOnX Internet streaming service is not… Be Reasonable: The U.S. Supreme Court Agrees to Review the Standard for Awarding Attorneys' Fees to the Prevailing Party in Copyright Infringement SuitsLitigation Manatt Phelps & Phillips LLP On January 15, 2016, the U.S. Supreme Court granted certiorari in the case of Supap Kirtsaeng DBA Bluechristine99 v. John Wiley & Sons, Inc… And Then What Happened? Catching Up With Prior StoriesLitigation Manatt Phelps & Phillips LLP On January 13, 2016, numerous news outlets reported that SoundCloud had entered into a multiyear license agreement with Universal Music Group… Play Fair: Authors Guild Seeks Supreme Court Review of Second Circuit's Fair Use Decision Favoring Google BooksLitigation Manatt Phelps & Phillips LLP On December 31, 2015, The Authors Guild filed a petition for writ of certiorari with the U.S. Supreme Court seeking the Court's review of the Second… Corporate Finance/M&A New year, new acquisitionsBlog Morrison & Foerster LLP From mid-holiday to post-Snowzilla, the government contractor space has seen acquisition activity across sectors, geographies, and sizes. Here are… Delaware’s Effort to Reduce Wasteful M&A Litigation — Should Companies Adopt Delaware Forum Selection Bylaws After Trulia?DelawareLitigation Fried Frank Harris Shriver & Jacobson LLP The Delaware courts have been engaged over the past couple of years in trying to counter the "sue first, ask questions later" approach to M&A… Chancery Court Continues to Close the Door on Disclosure-Only Settlements and Fees (But Opens a Window for "Mootness Dismissals")DelawareLitigationBlog Orrick, Herrington & Sutcliffe LLP As previously discussed here, in 2015, the Delaware Court of Chancery issued a number of decisions calling for enhanced scrutiny of "disclosure-only"… Employee Benefits & Pensions Pension and Health Plans: 2015 Year-End ReviewLitigation Schulte Roth & Zabel LLP Over the past year, the U.S. Departments of Labor (the "DOL"),Treasury, and Health and Human Services ("HHS") (collectively, the "Departments"), as… Subsidizing Student Health Insurance With Stipends - New Agency Guidance and ReliefBlog Mintz Levin Cohn Ferris Glovsky and Popeo PC On February 5, 2016, the Departments of the Treasury, Labor, and Health and Human Services (the Departments) issued guidance addressing the… Good News for Safe Harbor Plan Sponsors: The IRS Will Allow Mid-Year ChangesBlog Bryan Cave LLP On January 29, 2016, the Internal Revenue Service issued guidance on mid-year changes to safe harbor plans under Internal Revenue Code Sections… 2015 in Review: ERISA Civil Enforcement Recoveries Remain Low, Criminal Investigations Continue to Rise Sutherland Asbill & Brennan LLP The United States Department of Labor (DOL) recently published its Fiscal Year 2015 "Fact Sheet" documenting civil and criminal enforcement… Florida’s Workers’ Comp System Goes Back to the Future . . . at the Expense of Your PremiumsFloridaLitigation Ogletree Deakins On April 16, 2016, the Florida Supreme Court will hear another in a long line of cases brought by plaintiffs' lawyers trying to turn the clock back… Employment & Labor Fifth Circuit Weighs In On Breadth Of The Rehabilitation ActLitigationBlog Proskauer Rose LLP Recently, a split has continued among the Circuit Courts as to whether Section 504 of the Rehabilitation Act permits employment discrimination suits… DOL Issues New Guidelines on Joint EmploymentBlog Reed Smith LLP The past few weeks have brought us a flurry of activity from federal agencies poised to re-shape the employment landscape, from upending traditional… U.S. District Court Holds that FCA’s Retaliation Provision Requires "But-for" CausationIllinoisLitigationBlog Epstein Becker Green Last month, in United States ex rel. Helfer v. Associated Anesthesiologists of Springfield, Ltd., No. 3:10-cv-03076 (N.D. Ill. Jan. 14, 2016), the U… Hospital’s Neutral Hiring Policy Sinks Nurses’ ADA ClaimsLitigationBlog Epstein Becker Green In a matter emphasizing the importance of neutral hiring policies, the U.S. Court of Appeals for the Sixth Circuit has affirmed summary judgment in… Congress Reacts to Obama Administration Moves on Joint Employer LiabilityLitigation Jackson Lewis PC The Republican leadership of a congressional oversight committee has started investigating inter-agency communications in response to the Obama… GAO requires precision for proposed labor categoriesBlog Morrison & Foerster LLP On January 29, 2016, the Government Accountability Office (GAO) released its decision sustaining AllWorld Language Consultants, Inc… NC Industrial Commission--Recent News and ChangesNorth Carolina Vernis & Bowling The IC announced ten new rule changes that went into effect February 1, 2016. A complete list of the rules in their entirety can be found on the NCIC… Employers May Soon Be Required To Report Pay Information in Their EEO-1 Reports Blog SmithAmundsen LLC Employers, including federal contractors, who are required to file annual Employer Information Reports (also known as EEO-1 reports) with the U.S… Employment Mavens: Is "Extreme Gas" A Disability"Litigation FisherBroyles This is a real lawsuit, the allegations of which have gone viral because of all of the obvious jokes that can - and have been - made. But it's no… Not Your Standard Valentine’s Day Blog Duane Morris LLP Every year, I write a blog on Valentine’s Day on the risk of infusing Valentine’s Day into the workplace. This is not the same blog, and it is not… Can Government Regulation Make It Impossible to Pay Severance?VirginiaLitigation Zuckerman Spaeder LLP When an executive has an employment agreement and his company doesn't pay, the company might offer a number of excuses based on contract law. One of… Significant Reductions in the Minnesota Department of Human Rights Backlog in 2015MinnesotaBlog Briggs and Morgan While once saddled with a significant backload of cases, in 2015 the Minnesota Department of Human Rights (MDHR) continued its pattern of increased… Illinois Legislative Changes and a State Supreme Court Decision Substantially Help Employers Challenge Unemployment ClaimsIllinoisLitigation Epstein Becker Green Two recent developments substantially affect unemployment benefits in Illinois. First, on January 3, 2016, the Illinois Unemployment Insurance Act… Effective date of Birmingham's Minimum Wage Ordinance moved up to March 1Alabama Sirote & Permutt PC Last year, the Birmingham City Council adopted a Minimum Wage Ordinance that was to take effect July 1, 2016. During the last special session of the… NJ High Court Declines to Review "Borgata Babes" Case, Effectively Doubling Down on Appellate Court’s Acceptance of Atlantic City Casino’s Stringent Rules on Grooming, Dress and Weight GainNew JerseyLitigationBlog Mintz Levin Cohn Ferris Glovsky and Popeo PC The Borgata, which when it opened in 2003, marketed itself as Atlantic City’s first Las Vegas-style resort and distinguished itself in the… OSHA Issues New Whistleblower GuidanceLitigationBlog Holland & Hart LLP OSHA recently released a new Whistleblower Investigations Manual, clarifying its relaxed investigative standard of reasonable cause rather than the… What Difference Does 120 Days Make?FloridaLitigation Vernis & Bowling An employer/carrier is faced with a decision when a Workers’ Compensation claim is reported in Florida. It can 1) pay benefits 2) deny the claim or 3)… Five Recent Developments Employers in New York State or City Should KnowNew YorkBlog Epstein Becker Green Employers of all industries should be aware of the following five recent developments under New York State and New York City employment law… Does merit pay work? Cooley LLP Most employers in North America don't think so, according to CFO.com,reporting on a new survey by the compensation consulting firm, Willis Towers… Hiring and wage & hour law in TennesseeTennesseeNavigator Bass, Berry & Sims PLC A structured guide to background checks, hiring and wage & hour law in Tennessee Judge Vacates Citations for Alleged Slack in Steering Mechanisms of Mine VehiclesLitigation Jackson Lewis PC Finding evidence presented by a mine inspector to be "too vague and conclusory," an Administrative Law Judge (ALJ) has vacated two citations against… Where Trade Secrets Sanctions Meet Watergate: "What Files Did Your Former Employee Have, and When Did S/He Stop Having Them?"LitigationBlog Venable LLP I haven’t done a statistical analysis, but I’m willing to bet it’s true: sanctions - a judicial order that one side pay the other side’s attorneys’… Workplace Violence Prevention: DHS Promotes "Active Shooter Preparedness" Programs - Is Your Company Ready?Blog Seyfarth Shaw LLP Violence, often involving firearms, is an increasingly common occurrence in the 21st century workplace. The Federal Bureau of Investigation notes… Want to increase company performance? Increase the proportion of women in corporate leadership Cooley LLP So says a new study from the Peterson Institute for International Economics. The results suggest that the presence of women in corporate leadership… One Last Time: President Seeks Huge Increase to WHD Budget, InvestigatorsBlog Seyfarth Shaw LLP The President’s FY2017 budget request seeks a nearly $50 million increase in the Wage & Hour Division’s budget. This more than 20% increase would… Restaurant Industry Alert: DOL Issues Administrator's Interpretation Impacting Joint Employer Liability in the Franchise Restaurant Industry Ford & Harrison LLP Under the Obama administration, the U.S. Department of Labor (DOL) has aggressively enforced and interpreted the federal wage and hour laws. The… Seaman Experience a Texas-Sized Controversy Under the FLSALitigation Verrill Dana LLP Hey Tex, when is a sailor not a sailor? According to the Fifth Circuit, when the sailor's primary duty is unloading cargo. When we New Englanders… Arbitration Clauses in Employment Handbooks With Contract Disclaimer Are UnenforceableNew JerseyLitigationBlog Epstein Becker Green In a decision that will affect New Jersey employers seeking to arbitrate employees' claims, the Appellate Division, earlier this month, in Morgan v… The irritation game, part 2 - let’s get physicalBlog Squire Patton Boggs I am still haunted, as I expect is he, by a job interview here a number of years ago with a chap who knew so little about the relevant law that for… Five Easy Tips for Improving Your Company’s Non-Compete and Confidentiality Agreements and Related Practices NowBlog Seyfarth Shaw LLP As January quickly passed by and new projects increase by the day, there is still a golden opportunity to capitalize on some low-hanging fruit to… Energy & Natural Resources NRC Staff Proposes to Discontinue Part 21 RulemakingBlog Winston & Strawn LLP On June 8, 2015, the Commission issued a Staff Requirements Memorandum on Project AIM 2020, directing the NRC Staff to perform a prioritization of… Energy Bill the Focus of Congressional Debate Mintz Levin Cohn Ferris Glovsky and Popeo PC Congress has spent a significant chunk of the New Year focused on a bipartisan Energy Bill, which, if passed, would be the first broad bipartisan… Mega-Regional Agreements Could Reshape International Trade in Chemical Products Squire Patton Boggs Major trade negotiations in two parts of the world have the potential to greatly benefit the chemicals industry in the coming years. The… Sidley Shale and Hydraulic Fracturing Report - February 9, 2016PennsylvaniaLitigation Sidley Austin LLP In a February 1-2 teleconference, as summarized in the agenda, a panel of the EPA SAB continued to review and discuss its draft response to EPA’s… Electrify Africa Act of 2015 Set to Become US Law: Will Your Project be Prioritized? Squire Patton Boggs Over 600 million people - 70% of the population in sub-Saharan Africa (SSA) - lack access to electricity, stifling social and economic development. A… Film Highlights National Security Need for Renewable Energy Mintz Levin Cohn Ferris Glovsky and Popeo PC When one thinks of renewable energy and the growing movement to reduce dependence on fossil fuels, the US military is not, perhaps, the first thing… DOE Issues Funding Opportunity Announcement "BENEFIT 2016" Mintz Levin Cohn Ferris Glovsky and Popeo PC Last month the Department of Energy’s Office of Energy Efficiency and Renewable Energy (EERE) issued a Funding Opportunity Announcement (FOA)… Supreme Court Affirms FERC Demand Response AuthorityLitigation Mintz Levin Cohn Ferris Glovsky and Popeo PC Last week, the Supreme Court handed down a ruling affirming that federal regulators may encourage large electricity users to reduce consumption at… Insolvency & Restructuring Delaware Bankruptcy Judge Rejects Effort to Circumvent Supreme Court’s Asarco DecisionDelawareLitigationBlog Kelley Drye & Warren LLP The Supreme Court's decision last term in Baker Botts v. Asarco, in which the Court ruled that professionals that are paid from a debtor's bankruptcy… Illinois Bankruptcy Court Articulates Low Threshold for Equitable Subordination of Insider Secured LoanIllinoisLitigationBlog Cooley LLP For a distressed company running low on capital, an investment from insiders may represent a last best hope for survival. Insiders may be willing to… The Ninth Circuit Gives Individual Chapter 11 Debtors A Double-WhammyLitigation Squire Patton Boggs Individuals may want to think twice before seeking relief under chapter 11 following a recent decision from the Ninth Circuit Court of Appeals. 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While these… New EU-US Privacy Shield Agreed Squire Patton Boggs Europe and the US have agreed, in principle, on a new framework for transatlantic data flows to replace the, now invalid, Safe Harbor. The new… Second CMP Assessed for HIPAA Violations: Do You Know Where Your Data Is? Davis Wright Tremaine LLP For only the second time in its history, the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) has imposed a civil… EU: Data protection - proposed EU-US Privacy ShieldBlog Herbert Smith Freehills LLP The EU Commission and the US have agreed on a new framework to facilitate the transfer of EU personal data to the US, the EU-US Privacy Shield… How to protect client funds from hackers Dentons "Legal representation based on breach of sale contract. I wait to hear from you if your firm take on sure case. Just click this link for more… Identity stolen? Then check out the FTC’s website identitytheft.gov!Blog Gardere FTC Chairwoman Edith Ramirez praised the new identitytheft.gov website because millions "of Americans have been victims of identity theft, and until… The future of consumer data security, privacy and the Internet of Things: guidance from FTC Commissioner Terrell McSweeny Paul Hastings LLP In an event yesterday at the U.S. Chamber of Commerce, Federal Trade Commission ("FTC") Commissioner Terrell McSweeny offered businesses the… CMS Proposal Would Expand Medicare/Private Claims Data Available for Care Improvement Reed Smith LLP CMS has issued a proposed rule that would allow organizations approved as "qualified entities" to confidentially share or sell analyses of Medicare… Computer Fraud and Abuse Act Not Violated Unless Plaintiff Shows Defendant Had Intent To DefraudLitigationBlog Seyfarth Shaw LLP In a recent Computer Fraud and Abuse Act case, the Seventh Circuit Court of Appeals affirmed the district court’s conclusion that the plaintiff had… WP29 Says to Continue Using MCs and BCRs to transfer EU Data to US DLA Piper LLP Following on from yesterday’s announcement regarding the political agreement of the EU-US Privacy Shield, to replace the Safe Harbor program… Steptoe Cyberlaw Podcast - Interview with David KrisBlog Steptoe & Johnson LLP We devote Episode 100 to "section 702" intelligence - the highly productive counterterrorism program that collects data on foreigners from data… Know Your Vendors: The Importance of Comprehensive Risk Assessment ProgramsBlog McGuireWoods LLP As companies continue to explore new outsourcing and cloud services models in search of improved cost and productivity efficiencies, service… Personal Injury Provision Provides Coverage for Suit Alleging Privacy ViolationsLitigation Manatt Phelps & Phillips LLP The provision in a professional liability policy providing coverage for personal injury encompasses a class action alleging privacy violations… EU-US Privacy Shield: Still Awaiting CertaintyLitigationBlog Sheppard Mullin Richter & Hampton LLP Privacy activists across Europe raised their data protection banner following the announcement by EU Commissioner for Justice, Consumers and Gender… President Seeks $19 Billion and Creates a Commission to Address CybersecurityBlog Jackson Lewis PC President Barack Obama requested $19 billion in his budget for 2017 to address cybersecurity in the United States, $5 billion more than was budgeted… EU political update 08 - 12 February 2016Litigation Clifford Chance LLP On 2 February 2016, President Tusk released a letter setting out the main points of a draft proposal for a deal on the UK's membership of the… Digital Health Law Update, Vol. II, Issue 1 Jones Day As new technologies and delivery models create challenges for health care providers in regard to protecting patients' personal health information… 2016’s TechBridge Challenge Focuses on Advanced Surfaces Mintz Levin Cohn Ferris Glovsky and Popeo PC Are you working on or interested in advanced surface Technologies? Look no further than the TechBridge Challenge on Advanced Industrial Surfaces! In… Privacy Shield: The New Transatlantic Agreement and How it May Impact Your CompanyBlog Kelley Drye & Warren LLP Last Tuesday, February 2, 2016, the European Commission announced that it approved the EU-U.S. Privacy Shield ("Privacy Shield"), an agreement with… SAMHSA Proposes Major Changes to Federal Substance Abuse Privacy RuleBlog Foley & Lardner LLP Almost thirty years after the last substantive change to the federal regulations governing the confidentiality of alcohol and drug abuse patient… New framework for transatlantic data transfers promised: EU-US Privacy Shield De Brauw Blackstone Westbroek Almost four months after the EU Court of Justice declared the European Commission’s Safe Harbor decision invalid, Commissioner Jourová announced its… Senator Calls on Med Device Leaders to Improve CybersecurityBlog Cooley LLP Late last week, Senator Barbara Boxer (D-CA) wrote to the leaders of Johnson & Johnson, GE Healthcare, Siemens USA, Medtronic and Philips USA, to… Legal Practice District Court Upholds Summons and Rejects Attorney-Client and Work Product PrivilegeMississippiLitigation Shearman & Sterling LLP On November 16, 2015, the United States District Court, Southern District of Mississippi, dismissed a petition to quash a third-party summons served… Patents GFIT, LLC v. Sigvaris, Inc.LitigationBlog Dickinson Wright PLLC GFIT, LLC filed suit against Sigvaris, Inc. for patent infringement of U.S. Patent No. 5,898,948, entitled "Support/Sport Sock." The patent generally… The PTAB Giveth, and the PTAB Taketh AwayLitigation Seyfarth Shaw LLP The PTAB cancelled claims of a financing patent as lacking patentable subject matter in Westlake Services LLC v. Credit Acceptance Corp… The Board’s Prerogative to Change its Mind May Doom Petition after InstitutionLitigationBlog Marshall Gerstein & Borun LLP In TriVascular, Inc. v. Samuels, Appeal No. 2015-1631 (Fed. Cir. Feb. 5, 2016), a unanimous Federal Circuit panel affirmed a PTAB final written… New Life for Vitiation as a Defense to Doctrine of Equivalents InfringementLitigation Locke Lord LLP The doctrine of claim vitiation prevents application of the doctrine of equivalents in a way that would completely eliminate a claim element -i.e… AbbVie Submits Citizen Petition on Interchangeable BiosimilarsBlog Patterson Belknap Webb & Tyler LLP AbbVie, Inc., a biopharmaceutical company, has submitted a citizen petition to the FDA regarding determinations of interchangeability under the BPCIA… Ninth Circuit Finds Policy Provides Coverage for Dispute Between CompetitorsLitigation Manatt Phelps & Phillips LLP The Ninth Circuit recently ruled that a dispute between two competitors fell within a liability policy issued by St. Paul Mercury Insurance Company… Microsoft Alleges Corel Infringes Design Patents Directed to Graphical User Interfaces (GUIs)CaliforniaLitigationBlog Oblon Microsoft Corporation ("Microsoft") filed suit against Corel Corporation and Corel Inc. ("Corel") in the Northern District Court of California… Event notice Biosimilars/Biologics Webinar Series - Part III: BPCIA Patent Litigation Mintz Levin Cohn Ferris Glovsky and Popeo PCWebinar, 25 February 2016 Biosimilars/Biologics Webinar Series - Part IV: Transactions and Patent Portfolios Mintz Levin Cohn Ferris Glovsky and Popeo PCWebinar, 17 March 2016 Biosimilars/Biologics Webinar Series - Part V: Post-Market Legal and Regulatory Issues Mintz Levin Cohn Ferris Glovsky and Popeo PCWebinar, 7 April 2016 Tax Tax Policy Update - February 9, 2016 McGuireWoods LLP The estimated price tag of President Obama’s budget request for fiscal year 2017. The White House released its budget blueprint this morning with… Clients & Friends Newsletter- February 2016 Baker & McKenzie Effective 1 January 2016, the Belgian government adopted new legislation that imposes a 33% capital gains tax (referenced locally as the "speculation… PATH Act Allows R&D Credit to Reduce FICA Taxes for Certain Small Businesses McGuireWoods LLP The Protecting Americans from Tax Hikes (PATH) Act of 2015 makes permanent the research and development (R&D) tax credit, which had expired for… The Benefits and Potential Pitfalls of Making a Tax DepositLitigation Shearman & Sterling LLP Taxpayers who anticipate owing money to the Internal Revenue Service may file a "deposit" with the government. A deposit benefits a taxpayer by… New Basis Reporting Requirements for Executors and Others Who File Estate Tax Returns Manatt Phelps & Phillips LLP Statutes imposing new reporting requirements on executors and others who file estate tax returns were tacked onto a transportation and veteran's… IRS Remains Focused on Off Shore Tax Enforcement Shearman & Sterling LLP On January 27, 2016, the US Department of Justice announced that it had signed the final non-prosecution agreement with a Category 2 Swiss bank.The… Argentina Latin America & Caribbean Energy & Natural Resources Argentina briefing update Herbert Smith Freehills LLP ON 10 DECEMBER, MAURICIO MACRI OFFICIALLY TOOK OVER AS PRESIDENT AFTER 12 YEARS UNDER THE KIRCHNER GOVERNMENT. IN HIS FIRST MONTH IN OFFICE, THE… Bermuda Latin America & Caribbean Capital Markets ESMA’s advice on the application of the passport to non-EU alternative investment fund managersBlog Cooley LLP It might soon be possible for alternative investment fund managers (AIFMs) in the United States of America, Hong Kong, Singapore, Japan, Canada, the… Cayman Islands Latin America & Caribbean Capital Markets ESMA’s advice on the application of the passport to non-EU alternative investment fund managersBlog Cooley LLP It might soon be possible for alternative investment fund managers (AIFMs) in the United States of America, Hong Kong, Singapore, Japan, Canada, the… Belgium Europe Employment & Labor Recruitment and wage & hour law in BelgiumNavigator Van Bael & Bellis A structured guide to background checks, recruitment and wage & hour law in Belgium Tax Clients & Friends Newsletter- February 2016 Baker & McKenzie Effective 1 January 2016, the Belgian government adopted new legislation that imposes a 33% capital gains tax (referenced locally as the "speculation… Bulgaria Europe Banking Bulgaria: New bill on consumer lending related to residential real estate properties CMS On 3 February 2016, a new bill on consumer lending related to residential real estate properties, which transposes Directive 2014/17/EU (the… European Union Europe Banking This week at the UK regulators - 9 February 2016 Clifford Chance LLP Enforcement action taken by the FCA this week has been dominated by joint action with the PRA against multiple individuals and firms for misconduct… International regulatory update 1 - 5 February 2016 Clifford Chance LLP The EU Commission has presented its action plan to combat the financing of terrorism. The action plan focuses on two strands of action… Italy implements the Bank Recovery and Resolution Directive White & Case LLP On January 1, 2016, two Italian legislative decrees that implement the Bank Recovery and Resolution Directive No. 2014/59/EU ("BRRD") in Italy came… The receipt of monetary and non-monetary benefits under MiFID II Charles Russell Speechlys LLP The reforms to the Markets in Financial Instruments Directive (known as MiFID II) will introduce wide ranging changes applicable across the financial… Financial Services Regulation - Europeon Union - January 2016 DLA Piper LLP In the last issue of Exchange - International, we reported that the European Commission had adopted rules on central clearing for interest rate… Capital Markets Financial Services Regulation - In Focus - January 2016 DLA Piper LLP In our May 2015 issue of Exchange - International we reported on the European Commission’s 18 February 2015 green paper titled Building a Capital… ESMA’s advice on the application of the passport to non-EU alternative investment fund managersBlog Cooley LLP It might soon be possible for alternative investment fund managers (AIFMs) in the United States of America, Hong Kong, Singapore, Japan, Canada, the… Company & Commercial Director Liability in an International ContextLitigation DLA Piper LLP The European Court of Justice ("ECJ") on 10 December 2015 issued a decision (case no. C-594/14, Simona Kornhaas v. Thomas Dithmar, available here)… Competition & Antitrust Dentons' pick of global regulatory trends to watch in 2016Litigation Dentons The Department of Justice (DOJ) continues to investigate and seek criminal charges against worldwide cartels. This enforcement activity will remain… European Union (EU): Cell phone chip maker blamed for abuse of dominance Vaish Associates Advocates The European Commission (EC), on the December 08, 2015 sent two statements of objection to Qualcomm, the world's biggest supplier of cell phone… European Court Provides Guidance on Application of Antitrust Rules to IT PlatformsLitigation Cooley LLP On 21 January, the European Court of Justice (ECJ) issued an interesting judgment on the extent to which existing antitrust price-fixing principles… EU: EC approves acquisition of diminutive package distribution accommodations provider TNT Express by FedEx Vaish Associates Advocates The EC has on January 08, 2016 announced an approval to the merger of TNT express by FedEx Corporation. FedEx and TNT are two out of four so-called… EU: Italian consumer organizations file complaint against McDonalds’ franchise systemLitigation Vaish Associates Advocates Three Italian buyer associations have encouraged EC to examine McDonald's franchise system in the Europe Union, a month after the opening of an EU… Copyrights The European Commission's December 2015 communication on copyright - the aptly named "appetiser" to 2016's "main course" RPC As part of its Digital Single Market Strategy the European Commission released a Communication entitled "Towards a modern, more European copyright… Does copyright protect data file formats?LitigationBlog Berwin Leighton Paisner LLP Generally speaking, copyright protects the expression of an idea but it does not protect the underlying idea itself. Applying that rationale to… Media - Top 5 predictions for 2016!Litigation DLA Piper LLP Great news are expected in EU and Italian media landscape, as 2016 will be crucial for the implementation of the Digital Single Market Strategy of… Employment & Labor EU: ECJ privacy ruling not a green light for employer snooping despite media headlinesLitigationBlog Herbert Smith Freehills LLP A recent ruling of the European Court of Human Rights should be viewed as a reminder to employers to exercise caution before monitoring their… Employers do not have green light to monitor employee emails, despite ECHR judgmentLitigation DLA Piper LLP A recent case before the European Court of Human Rights has set the cat amongst the pigeons on the perennial hot topic of employees’ entitlement to… Energy & Natural Resources Mega-Regional Agreements Could Reshape International Trade in Chemical Products Squire Patton Boggs Major trade negotiations in two parts of the world have the potential to greatly benefit the chemicals industry in the coming years. The… Intellectual Property The SLALOM project: Intellectual Property/Liability Bird & Bird This point raises various legal and commercial issues. The relevant clause provided by cloud service agreements concerns: the intellectual property… IT & Data Protection Finding a data compromise: what the EU Data Protection Regulation compromise saysLitigationBlog Herbert Smith Freehills LLP After almost four years of debate, the European Commission, Parliament and Council finally reached political agreement on the proposed General Data… Breaking News: EU-US Privacy Shield Baker & McKenzie After months of intense negotiations, the European Commission and the US Government announced today an agreement on the EU-US Privacy Shield (see… Regulation (EU) 2015/2283: Novel Foods' Brave New World? Bird & Bird On 25 November 2015, the new European Regulation on novel foods (Regulation (EU) 2015/2283) was adopted. The text was published in the Official… Top 10 EU Privacy Regulation issues - #1 Which companies shall care about it? DLA Piper LLP The upcoming EU privacy regulation created an atmosphere of tension as to what shall be done NOW to be ready for the GDPR. And here I cover the… New EU-US Privacy Shield Agreed Squire Patton Boggs Europe and the US have agreed, in principle, on a new framework for transatlantic data flows to replace the, now invalid, Safe Harbor. The new… EU: Data protection - proposed EU-US Privacy Shield Blog Herbert Smith Freehills LLP The EU Commission and the US have agreed on a new framework to facilitate the transfer of EU personal data to the US, the EU-US Privacy Shield… The standardisation of cloud computing SLA and contractual terms: the SLALOM project Bird & Bird SLALOM is a project funded by the European Union's Horizon 2020 research and innovation programme under grant agreement no. 644270. The project aims… WP29 Says to Continue Using MCs and BCRs to transfer EU Data to US DLA Piper LLP Following on from yesterday’s announcement regarding the political agreement of the EU-US Privacy Shield, to replace the Safe Harbor program… Commercial Law Update: Review 2015Litigation Mason Hayes & Curran There were some ground-breaking developments in the technology and Commercial Law spheres in 2015. The standout European development has been the… EU-US Privacy Shield: Still Awaiting CertaintyLitigationBlog Sheppard Mullin Richter & Hampton LLP Privacy activists across Europe raised their data protection banner following the announcement by EU Commissioner for Justice, Consumers and Gender… The EDPS’ priorities for 2016 Baker & McKenzie The European Data Protection Supervisor ("EDPS) has issued its 2016 priorities. While the primary responsibility of the EDPS is to monitor the… EU political update 08 - 12 February 2016Litigation Clifford Chance LLP On 2 February 2016, President Tusk released a letter setting out the main points of a draft proposal for a deal on the UK's membership of the… Will free apps soon be dead in Europe?Blog Mintz Levin Cohn Ferris Glovsky and Popeo PC As we’ve discussed previously, the GDPR significantly limits user consent as a basis for processing personal data. One interesting question is… Privacy Shield: The New Transatlantic Agreement and How it May Impact Your CompanyBlog Kelley Drye & Warren LLP Last Tuesday, February 2, 2016, the European Commission announced that it approved the EU-U.S. Privacy Shield ("Privacy Shield"), an agreement with… New framework for transatlantic data transfers promised: EU-US Privacy Shield De Brauw Blackstone Westbroek Almost four months after the EU Court of Justice declared the European Commission’s Safe Harbor decision invalid, Commissioner Jourová announced its… The SLALOM project: Service levels - Service credits/Variation of the services Bird & Bird In cloud computing agreements, this clause requires the Provider to supply the services in accordance with certain service levels agreed between the… Article 29 Working Party updates its Opinion on applicable lawLitigation Reed Smith LLP The Article 29 Working Party (WP29) has updated its Opinion on applicable law and has introduced a new ‘inextricable link’ test representing a new… Tax Clients & Friends Newsletter- February 2016 Baker & McKenzie Effective 1 January 2016, the Belgian government adopted new legislation that imposes a 33% capital gains tax (referenced locally as the "speculation… Finland Europe Employment & Labor Changes to employment legislation or a social contract? Bird & Bird Unless a social contract concerning working life reforms is promptly made between the parties involved in collective bargaining, there will be… France Europe Competition & Antitrust French Competition Authority (FCA) fines 20 delivery service industries, for anti-competitive agreements, for a total amount of 672.3 million Euros Vaish Associates Advocates The FCA, by its decision dated December 15, 2015, has fined 20 distribution service companies for coordinating on annual price increases that they… Online selling: is it still possible to prohibit sales via online marketplaces in France? Bird & Bird The French Competition Authority (FCA) has recently ruled that although qualitative criteria may be applied to online marketplaces, their use may not… French Class Action Law Has Less Impact Than ExpectedLitigation McDermott Will & Emery Since the entry into force on 1 October 2014 of the provisions of the "Hamon" law of 17 March 2014, which introduced class actions into French law in… Tax Raise of the tax rate for the financing of the support fund for Local Communities Baker & McKenzie The tax rate is increased from 0.026% to 0.0642% for the years 2016 to 2025 and then reduced to 0.0505% for the years 2026 to 2028. For the record… Dematerialization of the audited taxpayer's Charter of rights and obligations Baker & McKenzie Article 86 of the 2016 Finance Act replaces the general requirement to provide the audited taxpayer with a charter (that summarizes its rights during… Transfer pricing French filing requirement Baker & McKenzie The law against tax fraud and serious economic and financial crime dated December 6, 2013 provided for a requirement to file an annual transfer… The Stéria case law consequences: 1% of a dividend eligible to the French parent subsidiary regime will be taxable when paid to a French tax group member Baker & McKenzie Parliament has decided to transpose the Stéria case law (September 2, 2015 Aff.C-386/14, Group Steria SCA) into French law in a minimal manner. It… TASCOM liability in case of discontinuance of business in the course of the year Baker & McKenzie In order to address the issue of budget losses recorded by local authorities in the event of a change of business operator in the course of the year… Modification of the tax on television services Litigation Baker & McKenzie Article 115 of the 2016 Finance Act draws the consequences of cases n° 2013-684 DC dated 29 December 2013 and n° 2013-362 QPC dated 6 February 2014… Collective investment fund vehicle for real estate ("Organisme Professionnel de Placement Collectif Immobilier"): tax consequences relating to the extension of the corporate purpose to the furnished rental activity Baker & McKenzie As a reminder, the tax treatment applicable to OPPCIs differs depending on its corporate form: open-ended corporate-status vehicle investing… Germany Europe Competition & Antitrust German Federal Cartel Office (FCO) prohibits the "best value" provisions of Booking.com Vaish Associates Advocates In December 2015 the Bundeskartellamt (FCO) prohibited booking.Com Deutschland GmbH from making use of its "best price" clauses and ordered the inn… Employment & Labor Ordinary termination of employment due to sicknessLitigation DLA Piper LLP A decision of the German Federal Labour Court (Bundesarbeitsgericht) on 13 May 2015 considered an employer’s termination of an employment contract… IT & Data Protection New Berlin Data Protection Officer Appointed Squire Patton Boggs Lawyer Maja Smoltczyk has been elected as the new Berlin Data Protection Officer. She is the successor of Alexander Dix, who has been Officer since… Baden-Württemberg Data Protection Officer Presents Activity Report for 2014/2015 Squire Patton Boggs The Baden-Württemberg Data Protection Officer, Jörg Klingbeil, has presented his activity report for 2014/15, dealing with issues such as the General… Germany’s Step to Enhance the Data Protection Rights of its Citizens "Act to Improve the Civil Enforcement of Consumer Protection Provisions of Data Protection Law" Squire Patton Boggs Following the European Court of Justice's Schrems decision invalidating the Safe Harbor data transfer mechanism, much attention has focused on the… Peter Schaar Becomes President of "Gematik" Conciliation Board Squire Patton Boggs Peter Schaar, the predecessor of Andrea Voßhoff at the German Data Protection Office, has been elected president of the "Gematik" conciliation board… Greece Europe Competition & Antitrust Greece: Parliament introduces changes to Competition Law to impose stricter ministerial oversight of Hellenic Competition Commission (HCC) Vaish Associates Advocates The Greek Parliament has introduced changes to the existing competition law. Under a new bill, the maximum age limit of demitting office from the HCC… IT & Data Protection EU political update 08 - 12 February 2016Litigation Clifford Chance LLP On 2 February 2016, President Tusk released a letter setting out the main points of a draft proposal for a deal on the UK's membership of the… Ireland Europe Capital Markets Securities Financing - New Reporting, Disclosure, and Reuse Obligations Arthur Cox The Securities Financing Regulation (Regulation (EU) 2015/2365) (the SFT Regulation) came into force on 12 January 2016 Energy & Natural Resources Energy Law Update: 2015 Review Mason Hayes & Curran 2015 was another busy year for the Irish energy sector, as the industry works toward delivering the Government’s target of 40% of electricity… IT & Data Protection Big Brother is Watching - But is he Listening Too? Mason Hayes & Curran Two years on from the controversy surrounding the recording of telephone calls in Garda stations, the secret recording of calls in Ireland remains a… Commercial Law Update: Review 2015Litigation Mason Hayes & Curran There were some ground-breaking developments in the technology and Commercial Law spheres in 2015. The standout European development has been the… Isle of Man Europe Capital Markets ESMA’s advice on the application of the passport to non-EU alternative investment fund managersBlog Cooley LLP It might soon be possible for alternative investment fund managers (AIFMs) in the United States of America, Hong Kong, Singapore, Japan, Canada, the… Italy Europe Banking Italy implements the Bank Recovery and Resolution Directive White & Case LLP On January 1, 2016, two Italian legislative decrees that implement the Bank Recovery and Resolution Directive No. 2014/59/EU ("BRRD") in Italy came… Competition & Antitrust EU: Italian consumer organizations file complaint against McDonalds’ franchise systemLitigation Vaish Associates Advocates Three Italian buyer associations have encouraged EC to examine McDonald's franchise system in the Europe Union, a month after the opening of an EU… Copyrights Media - Top 5 predictions for 2016!Litigation DLA Piper LLP Great news are expected in EU and Italian media landscape, as 2016 will be crucial for the implementation of the Digital Single Market Strategy of… Luxembourg Europe Capital Markets Luxembourg Stock Exchange publishes new rules and regulations NautaDutilh The rules and regulations of the Luxembourg Stock Exchange (LuxSE) govern the listing and admission of securities to trading on the LuxSE securities… Netherlands Europe IT & Data Protection Four developments that will further shape the Dutch cybersecurity landscape DLA Piper LLP January 2016 could be characterized as an interesting month for cybersecurity from a Dutch legal perspective. I will briefly discuss four… Poland Europe Company & Commercial What’s new in the Polish law? An overview of selected changes in regulations and their impact on businessLitigation Eversheds LLP The General Data Protection Regulation will force businesses to make numerous changes in their data protection policies. Failure to comply with the… IT & Data Protection Legal alert | Compliance February 2016 Domański Zakrzewski Palinka The Act on Amendment to the Police Act and Some Other Acts took effect on 7 February 2016. It thoroughly changes the laws applicable to non-public… Romania Europe Tax Clients & Friends Newsletter- February 2016 Baker & McKenzie Effective 1 January 2016, the Belgian government adopted new legislation that imposes a 33% capital gains tax (referenced locally as the "speculation… Russia Europe Company & Commercial New Rules for Transfer of Title to Participation Interests in LLCs and Other Changes Baker & McKenzie In January 2016, Russian corporate laws were amended to: modify the procedures for the transfer of title and pledge of participation interests in… Insolvency & Restructuring Litigation. Major Russian legislation changes for 2015Litigation Dentons The Russian Federation Code of Administrative Procedure (the Administrative Procedure Code) entered into force on September 15, 2015. It is important… Tax Russian Transfer Pricing in 2016 Dentons Dentons' Tax practice would like to remind you that, for transactions completed in 2015, the notice of controlled transactions must be filed with the… Spain Europe Banking UK investors in Bankia stand to benefit from Spanish Supreme Court judgmentLitigation Collyer Bristow LLP UK investors in Bankia SA, Spain's fourth largest bank, may benefit from a decision of the Tribunal Supremo de España ordering the bank to compensate… Corporate Finance/M&A Jurisprudencia - Febrero 2016LitigationES Gómez-Acebo & Pombo Abogados Asunto T-255/13: Sentencia del Tribunal General de 12 de noviembre de 2015 — Italia/Comisión («FEOGA — Sección "Garantía" — FEAGA y FEADER — Gastos… Deducción en el impuesto sobre sociedades de la target de los gastos de asesoramiento relativos a la oferta pública de adquisiciónLitigationES Gómez-Acebo & Pombo Abogados La Audiencia Nacional, en su Sentencia de 3 de noviembre del 2015, (rec. N.º 478/2012), aborda una interesante cuestión relativa a la posibilidad de… Insolvency & Restructuring Supreme court ruling of December 21,2015, No. 708/2015: application of the general privilege of article 91.7 of the Insolvency Act (lC) in the event of multiple creditors requesting insolvencyLitigation Cuatrecasas Gonçalves Pereira A company's insolvency is requested by three of its creditors whose credits originated from a syndicated financing agreement signed with other credit… Grupo Empresarial Alco: approval of the early composition agreement Cuatrecasas Gonçalves Pereira Cuatrecasas, Gonrcalves Pereira has advised GRUPO EMPRESARIAL ALCO on submitting and processing the early composition agreement with the company's… NATRA: debt restructuring and refinancing Cuatrecasas Gonçalves Pereira Cuatrecasas, Gonrcalves Pereira has advised one of the coordinating institutions on the process for the acquisition of NATRA debt and on the design… Madrid Commercial Court No.11 order of October 20, 2015, proceeding No. 760/2015: approved refinancing agreement in substitution of the will of dissenting institutions with respect to the cancellation and establishment of guaranteesLitigation Cuatrecasas Gonçalves Pereira First, the court analyses whether the refinancing agreement seeking approval complies with the legal requirements envisaged in Additional Provision 4… Bilbao Commercial Court No.1 ruling of October 7, 2015, No. 216/2015: decrease of the applicable margin as a result of the approved refinancing agreement does not entail any debt relief that prevents extension to dissenting creditorsLitigation Cuatrecasas Gonçalves Pereira This ruling resolves the financial creditors' challenge to the approval of a refinancing agreement extending the deferral stipulated and the… Barcelona Provincial Court (Division 15) ruling of October 7, 2015, No. 233/2015: non-subordination of a credit from a specially - related person because it is not a loan or similar transactionLitigation Cuatrecasas Gonçalves Pereira A credit institution appealed the ruling that approved the agreement claiming that the creditors meeting had allowed the presence and vote by a city… Ruling of the High Court of Justice (Queen's Bench division), November 30, 2015, Case No. Cl-2015-000 143: the discharge of guarantees in favour of creditors specially related to the insolvent party does not affect the personal guarantees granted by a third partyLitigation Cuatrecasas Gonçalves Pereira This ruling resolved an issue originating from a personal and joint and several guarantee granted by two companies to secure the obligations assumed… Tax Clients & Friends Newsletter- February 2016 Baker & McKenzie Effective 1 January 2016, the Belgian government adopted new legislation that imposes a 33% capital gains tax (referenced locally as the "speculation… Enbridge case: lack of "substance" of Danish holding company leads to denial of 0% dividend withholding tax under the EU Parent-Subsidiary DirectiveLitigation Gómez-Acebo & Pombo Abogados The Spanish National Appellate Court (the "Court") has recently given a judgment1 denying the application of the 0% dividend withholding tax under… Supreme Court rulings (contentious-administrative chamber) of November 13 and 18,2015, appeals of cassation Nos. 1372/2014 and 3068/2013: stamp tax on mortgages subject to a condition precedent accrues on the execution of the deedLitigation Cuatrecasas Gonçalves Pereira In these two rulings, the SC addresses whether the conditions precedent that affect the mortgaged credit and are contained in the notarial deed… Sweden Europe Employment & Labor Franchisee or employee? Sagell and Co When the franchising business model began to expand in Sweden during the 1970s, the trade unions expressed concern that employers could use it as a… Switzerland Europe Energy & Natural Resources Iransanktionen: Freipass im internationalen Handel?DE PwC Switzerland In den letzten Tagen waren die Iransanktionen Gegenstand der Berichterstattung in verschiedenen Medien. Zwar ist die Schweiz nicht Partei des… Tax IRS Remains Focused on Off Shore Tax Enforcement Shearman & Sterling LLP On January 27, 2016, the US Department of Justice announced that it had signed the final non-prosecution agreement with a Category 2 Swiss bank.The… Turkey Europe Capital Markets Turkish CMB's Consent Requirements for IPOs of Foreign Parent Companies CMS Indirect transfers of shares in Turkish intermediary companies are currently regulated by the Communique on the Principles regarding the… IT & Data Protection Turkey Data Protection Bill Aimed to be Enacted in the First Quarter of 2016 Squire Patton Boggs On 18 January, the Prime Minister of Turkey submitted a revised draft Data Protection Bill to the Grand National General Assembly of Turkey. The… Ukraine Europe Company & Commercial Business entities to be inspected only once a year in 2016 CMS On 30 November 2015, the Ministry of Economic Development and Trade of Ukraine adopted a plan of state inspections to be carried in 2016 (Order No… United Kingdom Europe Banking Word of the day® - make wholeVideo Latham & Watkins LLP Is the whole greater than the sum of its parts? Partner Tad Freese explains the term Make Whole from the Book of Jargon® - US Corporate and Bank… This week at the UK regulators - 9 February 2016 Clifford Chance LLP Enforcement action taken by the FCA this week has been dominated by joint action with the PRA against multiple individuals and firms for misconduct… The receipt of monetary and non-monetary benefits under MiFID II Charles Russell Speechlys LLP The reforms to the Markets in Financial Instruments Directive (known as MiFID II) will introduce wide ranging changes applicable across the financial… Politically Exposed Persons - House of Commons debates money laundering rulesBlog Kingsley Napley Whether money laundering rules relating to Politically Exposed Persons (PEPs) were being applied in a "heavy-handed" way by banks was an issue of… Financial Services Regulation - United Kingdom - January 2016 DLA Piper LLP On 2 December 2015, the Payment Services Regulator (PSR) published a consultation paper (CP15/3: the application of the Interchange Fee Regulation in… New Fraud Taskforce - A step in the fight against fraud or political posturing? Kingsley Napley Today saw the announcement by Theresa May, the Home Secretary, and Mark Carney, Governor of the Bank of England, of a new Joint Fraud Taskforce… Update on the Bank of England and Financial Services Bill Eversheds LLP The House of Commons has released two briefing papers on the Bank of England and Financial Services Bill. These papers highlight the progress of the… Capital Markets The UK’s National Private Placement Regime for non-EU PE / VC Fund Managers - "financial promotions"Blog Cooley LLP If you're planning to raise a non-EU PE / VC fund, and some of your investors will be in the UK when you talk or write to them, the UK's financial… Company & Commercial In a bind - Non-party costs orders against DirectorsLitigation DAC Beachcroft LLP Sebastian Holdings Inc ("SHI") executed numerous transactions involving foreign exchange, equities and other financial products through Deutsche Bank… Drafting contracts - key lessons from 2015Litigation Herbert Smith Freehills LLP In this briefing we look at the lessons to be learnt from some of the key English contract law cases reported in 2015. We have given a brief summary… The UK’s Modern Slavery Act 2015 - 5 steps toward compliance for the fashion sectorBlog DLA Piper LLP The enactment in the UK of the Modern Slavery Act 2015, which aims to tackle the worryingly pervasive issues surrounding forced labor and human… The PSC Regime - Persons with Significant Control Reed Smith LLP This is the third in a series of client alerts published about the Small Business, Enterprise and Employment Act 2015 (SBEEA) - the impetus for a… Bad AGMs and how to avoid them Charles Russell Speechlys LLP Charles Russell Speechlys were pleased to team up with the Quoted Companies Alliance and ICSA for an evening of essential tips to help avoid those… Implied terms: when can a term be implied into a contract?Litigation RPC The Supreme Court has clarified the law on implied terms: to be implied it must be necessary for business efficacy or alternatively be so obvious as… Competition & Antitrust Antitrust and Privacy Alert | The FTC Issues Native Advertising Guidelines Hogan Lovells If you’ve ever opened your washing machine to find white socks turned a pale shade of pink, you can relate to the sentiment of Buzzfeed UK’s piece "14… CAT fast track competition remedies procedure used for first timeLitigationBlog Bryan Cave LLP In January 2016 the Competition Appeal Tribunal (CAT) dealt with the first case to be brought under the new and recently introduced "fast track"… Copyrights Does copyright protect data file formats?LitigationBlog Berwin Leighton Paisner LLP Generally speaking, copyright protects the expression of an idea but it does not protect the underlying idea itself. Applying that rationale to… Employee Benefits & Pensions Resolving mistakes in trust deeds and wills - a new, cheaper and quicker approach?Litigation RPC Claims are often made against professionals arising out of errors in trust deeds and wills. This is particularly the case in relation to pension… Seafarers ‘ordinarily working in the UK’Litigation Clyde & Co LLP The Administrative Court has recently had to grapple with the issue of whether seafarers, who work on vessels which spend all or most of their time… Court of Session rules that EBT contributions were taxable as redirected earnings in Rangers FC caseLitigation RPC On 4 November 2015, the Scottish Court of Session overturned the earlier decision of the Upper Tribunal in Advocate General for Scotland v Murray… Employment & Labor Zero hour workers: Exclusivity Terms in Zero Contract Hours Contracts (Redress) Regulations 2015 (Regulations) to come into force on 11 January 2016 RPC On 11 January 2016 the Regulations will come into force. These Regulations provide a remedy for zero hours workers against employers who include… Stop start - temporary cessation of work did not mean no TUPE transferLitigation Hogan Lovells Transport for London (TfL) contracted out highway maintenance work to Amey, which in turn subcontracted traffic management services to Trek Highway… Case summary: Are disciplinary panels, in their quasi-judicial functions, immune from legal action?LitigationBlog Kingsley Napley The Claimant was a serving Police Officer. She was assaulted in 2010 and as a consequence suffered Post Traumatic Stress Disorder (PTSD). On 12… Back breaking - lifting heavy packages was normal day to day activityLitigation Hogan Lovells Under the Equality Act, an employee is disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on… UK: Bonus decisions: Wednesbury unreasonableness test is relevantLitigationBlog Herbert Smith Freehills LLP Last year's Supreme Court ruling (see here) that employers may be required to consider all relevant factors and discount irrelevant ones (the public… UK: proposals for reform to tribunal and court processLitigationBlog Herbert Smith Freehills LLP The way in which employment claims are processed is likely to be the subject of some upheaval in the coming years. An interim report on the Civil… Piggy in the middle - failure to protect employee was trade union detrimentLitigation Hogan Lovells Workers are protected against being subjected to a detriment if the sole or main purpose of an employer's act (or failure to act) is to prevent or… UK: Voluntary redundancy: excluding employee eligible for early retirement is prima facie age discriminationLitigationBlog Herbert Smith Freehills LLP The EAT has confirmed that excluding an employee who is eligible for early retirement from voluntary redundancy, due to the higher severance costs… Disability discrimination: is the duty to make reasonable adjustments engaged where an employer takes action against a disabled employee under its attendance management policy?Litigation RPC The Court of Appeal has dismissed a claim that an employer failed to make reasonable adjustments for an employee’s disability under section 20 of the… UK: Zero hours workers: remedies now availableBlog Herbert Smith Freehills LLP On 11 January 2016 individuals on zero hours contracts were finally given a legal remedy where their employer penalises them for breaching an… TUPE: does a relevant transfer include insourcing of rail freight management?Litigation RPC The ECJ has held that the Acquired Rights Directive (the Directive) covers the situation where a public railway authority takes back in-house the… UK: Race discrimination: care needed over instructions on language to be used in the workplaceLitigationBlog Herbert Smith Freehills LLP The recent EAT ruling in Kelly v Covance Laboratories serves as a reminder of the discrimination risks inherent in prohibiting employees from… TUPE: are subsequent events relevant to whether a task was intended to be of "shortterm duration"?Litigation RPC The Employment Appeals Tribunal (EAT) has held that when considering whether a transferor "intends" that services will be carried out by a transferee… UK: New resources from Acas and governmentBlog Herbert Smith Freehills LLP Acas have published a guide on 'legal highs' and analysis of key workplace trends for 2016. The Department for Work and Pensions have produced a new… Energy & Natural Resources JV Dispute relating to Kenya Oil Interests - Commercial Court resolves dispute over contractual interpretation of "drill or drop" termsLitigation DAC Beachcroft LLP In May 2012, Adamantine entered into a Production Sharing Contract ("PSC") with the Kenyan Government relating to largely unexplored land in Northern… Ofwat's Cost Benefit Analysis of Household Water Competition Addleshaw Goddard LLP After the Chancellor's shock announcement at the end of November that retail competition in the water industry should be extended to households… Trump v WindLitigation Brodies LLP Trump took his legal challenge to the consent for the Aberdeen Offshore Wind Farm all the way to the UK Supreme Court. Insolvency & Restructuring Privy Council finds implied jurisdiction agreement sufficient for enforcement of foreign judgment under common lawLitigationBlog Herbert Smith Freehills LLP The Privy Council has held that a foreign default judgment can be enforced under the common law where a jurisdiction agreement in favour of that… Ruling of the High Court of Justice (Queen's Bench division), November 30, 2015, Case No. Cl-2015-000 143: the discharge of guarantees in favour of creditors specially related to the insolvent party does not affect the personal guarantees granted by a third partyLitigation Cuatrecasas Gonçalves Pereira This ruling resolved an issue originating from a personal and joint and several guarantee granted by two companies to secure the obligations assumed… Section 236, extra-territorial effect and a way forward following Re MF Global UK Ltd and Re Omni Trustees LtdLitigationBlog Weil Gotshal & Manges LLP The recent decisions in Re MF Global UK Ltd and Re Omni Trustees Ltd give conflicting views as to whether section 236 of the Insolvency Act 1986 has… Intellectual Property Government gives positive response to Law Commission's IP Threats Bill Herbert Smith Freehills LLP The Government has now issued its response to the Law Commission's draft Intellectual Property (Unjustified Threats) Bill, endorsing the approach… IT & Data Protection Retention of highly sensitive information: How long is too long?Litigation Clyde & Co LLP Public bodies are subject to clear obligations to treat personal information with the appropriate sensitivity and security, but there is also an… The SLALOM project: Consequences of expiration or termination of the agreement, Data Protection and Conclusion Bird & Bird It is very important to establish the obligations of the parties relating to the exit process. For the Adopter it is important to establish whether… EU political update 08 - 12 February 2016Litigation Clifford Chance LLP On 2 February 2016, President Tusk released a letter setting out the main points of a draft proposal for a deal on the UK's membership of the… ICO: Draft New Privacy Notices Code Squire Patton Boggs The Information Commissioner's Office (ICO) has drafted a new Privacy Notices Code, providing guidance to businesses on a range of other issues… Professional Negligence Darnley v. Croydon Health Services and NHS Trust [2-15] EWHC 2301 (QB)Litigation Clyde & Co LLP A recent High Court judgment has provided clarification on the duties owed by non- medically trained personnel in a Hospital setting. The judgement… Confidentiality and the sharing of genetic informationLitigation Clyde & Co LLP ABC v (1) St George's Healthcare NHS Trust (2) South West London and St George's Mental Health NHS Trust (3) Sussex Partnership NHS Foundation Trust… Another nail in the coffin for secondary victim claimsLitigation Clyde & Co LLP Timothy Owers (as administrator of the Estate of Karen Owers) & Anor v Medway NHS Foundation Trust and the Secretary of State for Health (Formerly… Case update: Dishonesty removes another doctor from the medical registerLitigationBlog Kingsley Napley Dr Ariyanayagam (the Appellant) appeared before a Fitness to Practise Panel (the Panel) of the General Medical Council (GMC) in July 2015. The Panel… Tax Consultation on corporation tax interest deduction rules RPC On 22 October 2015, the government launched a consultation in light of the OECD's recommendations as part of the Base Erosion and Profit Shifting… Upper Tribunal holds that salary sacrifice schemes failedLitigation RPC On 5 October 2015, the Upper Tribunal held that certain tax avoidance schemes, designed to avoid income tax and national insurance contributions… HMRC announces change of approach for dual resident companies under 16 UK double tax treaties RPC On 30 November 2015, HMRC announced that it had changed its reading of the residence articles in 16 of the UK's double tax treaties (DTTs) including… First-tier Tribunal confirms VAT refund (and interest) are subject to corporation taxLitigation RPC On 6 October 2015, the First-tier Tribunal held that overpaid VAT repayments (and related interest) are brought within the charge to corporation tax… UK: Tax on termination payments: injury to feelings payments are taxableLitigationBlog Herbert Smith Freehills LLP The Upper Tribunal has ruled that a payment in respect of injury to feelings due to a discriminatory dismissal is taxable in the same way as other… R&D tax relief for SMEs: HMRC launches voluntary advance assurance service RPC On 30 November 2015, following a consultation, HMRC launched a voluntary, non-statutory advance assurance service available to small and medium-sized… Africa Africa & Middle East Energy & Natural Resources Electrify Africa Act of 2015 Set to Become US Law: Will Your Project be Prioritized? Squire Patton Boggs Over 600 million people - 70% of the population in sub-Saharan Africa (SSA) - lack access to electricity, stifling social and economic development. A… New Legislation and Roadmap Ensure Bright Future for Power Africa Hogan Lovells On June 30, 2013, the Obama Administration introduced "Power Africa", an inter-agency initiative designed to increase access to electricity across… China’s Current Involvement in Mining in Africa Mayer Brown LLP There is no doubt that mining in Africa has been attractive to Chinese investors. According to statistics from the Ministry of Commerce of the PRC… Changes to Mining Codes in Africa Mayer Brown LLP Mining codes change frequently. A recent World Bank publication estimated that over a period of 20 years governments in 110 different countries had… Algeria Africa & Middle East Company & Commercial Algerie : vers la constitutionnalisation des libertes economiques?FR Eversheds LLP L’avant-projet de révision de la Constitution a été présenté à la presse le 05 janvier 2016 et approuvé par le conseil des ministres le 11 janvier… Algeria: Towards the constitutionalisation of economic freedoms Eversheds LLP The draft Constitution review was presented to the press on 5 January 2016 and was approved by the Council of Ministers on 11 January 201. At the… Algeria: What impact will the new Finance Act have on investment Eversheds LLP The Finance Act No 15-18 for 2016 (LF), published on 31 December 2015, was promulgated at the beginning of a crisis caused by the fall in the price… Iran Africa & Middle East Energy & Natural Resources Iransanktionen: Freipass im internationalen Handel?DE PwC Switzerland In den letzten Tagen waren die Iransanktionen Gegenstand der Berichterstattung in verschiedenen Medien. Zwar ist die Schweiz nicht Partei des… Israel Africa & Middle East Competition & Antitrust Increased Antitrust and Competition Enforcement in Israel: Criminal Convictions, Consent Decrees and Administrative FinesLitigation Herzog Fox & Neeman Since its establishment in 1994, the Israeli Antitrust Authority ("IAA") has had strong enforcement powers, including extensive investigatory powers… Kenya Africa & Middle East Energy & Natural Resources JV Dispute relating to Kenya Oil Interests - Commercial Court resolves dispute over contractual interpretation of "drill or drop" termsLitigation DAC Beachcroft LLP In May 2012, Adamantine entered into a Production Sharing Contract ("PSC") with the Kenyan Government relating to largely unexplored land in Northern… Morocco Africa & Middle East Tax Clients & Friends Newsletter- February 2016 Baker & McKenzie Effective 1 January 2016, the Belgian government adopted new legislation that imposes a 33% capital gains tax (referenced locally as the "speculation… Mozambique Africa & Middle East Energy & Natural Resources O Novo Regulamento da Lei de Minas, o Decreto Nº. 31/2015, de 31 de DezembroPT SAL & Caldeira Advogados Servimo-Nos deste meio para informar à comunidade empresarial e demais interessados, que entrou recentemente em vigor o Decreto nº. 31/2015, de 31 de… The Mining Legal Regime In Mozambique Mayer Brown LLP Mozambique recently enacted Law No 20/2014 (Mining Law), followed by Law No 28/2014 (Specific Regime of Taxation and Benefits of Mining Activities)… Nigeria Africa & Middle East Legal Practice Implications of the recent supreme court decisions on non-compliance with rule 10 of the rules of professional conduct on use of authenticating stamps and seals.Litigation SPA Ajibade & Co In a judgment delivered today in Appeal No. SC/722/15 All Progressives Congress (APC) V. General Bello Sarkin Yaki, the Supreme Court upheld the 2nd… Qatar Africa & Middle East Company & Commercial Qatar legal update - education sector Clyde & Co LLP It has been an interesting time recently in Qatar with regards to the introduction of new laws and the further development of draft laws. Of… Saudi Arabia Africa & Middle East Corporate Finance/M&A Investment in education in the Kingdom of Saudi Arabia Clyde & Co LLP This article describes the regulation of foreign investment and participation in nurseries and primarysecondary schools (Education Institutions) in… Tax Clients & Friends Newsletter- February 2016 Baker & McKenzie Effective 1 January 2016, the Belgian government adopted new legislation that imposes a 33% capital gains tax (referenced locally as the "speculation… South Africa Africa & Middle East Tax Clients & Friends Newsletter- February 2016 Baker & McKenzie Effective 1 January 2016, the Belgian government adopted new legislation that imposes a 33% capital gains tax (referenced locally as the "speculation… United Arab Emirates Africa & Middle East Company & Commercial How does the new UAE Companies Law impact Education Institutions? Clyde & Co LLP Many schools, nurseries, colleges and universities in the UAE are structured using an "onshore" limited liability company (LLC) as an operating… Employment & Labor Limited term contracts in the UAE Clyde & Co LLP Under Federal Law No. 8 of 1980 Regarding the Organisation of Labour Relations, as amended (UAE Labour Law), employers may issue employees with… Other top stories Harvey Norman franchisee at fault for repairs again!Blog Mental illness exclusion held to be discriminatory Decisions of clinical reviewers and health service investigators may be subject to judicial review Time is running out to comply with the new unfair contract terms legislation Trans-Pacific Partnership: The monster out of the cupboard Worker entitled to compensation for injuries when assaulted by a stranger (not a co-worker) Cross-Border Copyright Guide 2016 Privacy concerns over Westfield’s ticketless parking system Does this bug you? When your food crawls... 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