From: editorc@lexology.com

Subject: Lexology - practical know-how

Date: January 26, 2016 at 10:02AM

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 (520,973 articles) Asia Pacific | North America | Latin America & Caribbean | Europe | Africa & Middle East Australia Asia Pacific Employment & Labor Workplace View - January 2016Litigation Squire Patton Boggs The recent cases of Australia and New Zealand Banking Group Limited [2015] FWCA 8422 (ANZ) and Aurizon Operations Limited; Aurizon Network Pty Ltd… Productivity Commission Releases Final Report (Part 2) HopgoodGanim This alert is the second of a two part summary outlining the key recommendations made in the Productivity Commission'sWorkplace Relations Framework… Chronic Disease And Workplace Culture: An Australian Approach FisherBroyles I came across a good article in HC Hotline written by Victoria Bruce, which discusses chronic diseases, such as Irritable Bowel Syndrome (IBS) and… Tax Substantiating your R&D tax incentive claim-the recent AAT decisionLitigation FB Rice The first Administrative Appeals Tribunal ('AAT') decision relating to the R&D Tax Incentive has been handed down in the case of Docklands Science… Cambodia Asia Pacific Employee Benefits & Pensions New Mandatory Health Insurance Scheme Tilleke & Gibbins A new mandatory health care scheme will be introduced in Cambodia that will require all employers to implement a state-backed health insurance… China Asia Pacific Banking New Asian Infrastructure Investment Bank to increase funds available for infrastructure in Turkey Baker & McKenzie The Asian Infrastructure Investment Bank ("AIIB"), a new multilateral development bank established after China proposed the initiative in 2013… Patents Multiple Design Application in China CCPIT Patent & Trademark Law Office Article 31 Paragraph 2 of the Chinese Patent Law reads, “An application for a patent for design shall be limited to one design. Two or more similar… Hong Kong Asia Pacific Legal Practice Herbert Smith Freehills Singapore hosts round table discussion on “preserving privilege: practical issues in the context of disputes and investigations”LitigationBlog Herbert Smith Freehills LLP On Wednesday 13 January 2016, a cross section of our clients based in Singapore joined our Disputes and Corporate Crime & Investigations teams and… India Asia Pacific Insolvency & Restructuring Insolvency and Bankruptcy Code 2015: well worth the wait Phoenix Legal No single umbrella legislation governs insolvency and bankruptcy proceedings in India. Instead, there is a slew of legislation governing the legal… Japan Asia Pacific Competition & Antitrust Merger control notification in Japan Navigator Nagashima Ohno & Tsunematsu What form should merger control notification take in Japan, and what content is required? The amendment to the Unfair Competition Prevention Act - Enhancement of trade secret protection Yuasa and Hara The amended Unfair Competition Prevention Act, which was enacted on July 3, 2015, has been in force since January 1, 2016. The purpose of the… Malaysia Asia Pacific Tax Highlights of Budget 2016 Wong & Partners, Member Firm of Baker & McKenzie International On October 23 2015 Prime Minister and Minister of Finance Dato' Sri Mohd Najib Tun Haji Abdul Razak unveiled the Malaysian budget for 2016. The… Singapore Asia Pacific Company & Commercial No complaining later: Parties must address new issues of law and fact that arise during the arbitration when they arise, and not laterLitigation Baker & McKenzie The Singapore High Court has recently dismissed a challenge to set aside an arbitration award in AYH v AYI and another [2015] SGHC 300, confirming… Legal Practice Herbert Smith Freehills Singapore hosts round table discussion on “preserving privilege: practical issues in the context of disputes and investigations”LitigationBlog Herbert Smith Freehills LLP On Wednesday 13 January 2016, a cross section of our clients based in Singapore joined our Disputes and Corporate Crime & Investigations teams and… Vietnam Asia Pacific Tax Higher Taxable Base for Imported Goods under New Decree on Special Consumption Tax Baker & McKenzie The Government promulgated Decree No. 108/2015/ND-CP (“Decree No. 108”) to implement the Law on Special Consumption Tax (“SCT”) which takes effect… Canada North America Banking “High-Cost Credit” Consumer Lenders Face New Laws in Manitoba Blake Cassels & Graydon LLP New laws to regulate consumer loans and lines of credit that meet the definition of a "high-cost credit product" will come into effect in Manitoba on… Quebec's AMF proposes an omnibus package of amendments to the Derivatives RegulationQuebecBlog Stikeman Elliott LLP The proposals would expand the exemption for trades in non-Canadian futures and introduce a new hedger certification requirement for OTC derivatives… BLG 2016 Canadian financial institutions regulatory outlookOntario Borden Ladner Gervais LLP 2016 promises to be another year of significant regulatory activity, both internationally and domestically, of relevance to the Canadian financial… Capital Markets Five provinces adopt a new prospectus exemption for retail investors relying on suitability advice from an investment dealerBlog Stikeman Elliott LLP The securities regulatory authorities of five provinces - British Columbia, Alberta, Saskatchewan, Manitoba and New Brunswick - have adopted a… Employment & Labor Can an employer prohibit tattoos and piercings?Litigation Stewart McKelvey In the 1970s the issue for employers was long hair and sideburns. In the 1980's it was earrings for men. Today the employer's concerns are with… Patents Foreign patent agent privilege - in Canada and abroadLitigation Dimock Stratton LLP Upcoming amendments to the Patent Act (introduced by way of Bill C-59, Economic Action Plan, 2015) will recognize patent agent privilege for the… Professional Negligence Accident de travail mortel: un tribunal ontarien impose une peine de prison de 3 ½ ans à un directeur de projetOntarioLitigationFR Langlois Lawyers LLP Le 11 janvier 2016, la Cour supérieure de l’Ontario a imposé une peine d’emprisonnement de 3 ½ ans à un directeur de projet reconnu coupable de… Tax Tax Court Establishes Motion Days in TorontoBlog Dentons The Tax Court of Canada has established a pilot project for regular motion days in Toronto for the period of February to September 2016. The Court… USA North America Banking From Park Avenue to Ocean Drive, High End Residential Real Estate Transactions Under the Microscope Baker & Hostetler LLP The U.S. government's aggressive push to combat international money laundering is entering a new phase by focusing on real estate investments. On… January 2016 FATCA Developments PwC Switzerland On 20 January the Swiss State Secretariat for International Financial Matters (SIF) published an update (German, French) regarding the aggregated… FDIC seeks comments on revised proposed rule that would amend how small banks are assessed for deposit insuranceBlog BuckleySandler LLP On January 21, the FDIC issued a Notice of Proposed Rulemaking that would amend how FDIC-insured banks with less than $10 billion in assets are… Regulators Change Bank Audit Committee Duties as Audit Season BeginsBlog Stinson Leonard Street LLP The Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency… The State AG Report Weekly Update January 21, 2016Litigation Cozen O'Connor Florida AG Pam Bondi obtained a temporary injunction and filed a lawsuit against three loan service companies; Liberty Unsecured Inc., Unsecured Loan… 6th Cir Upholds Rejection of "Robo-Signing" Challenge to ForeclosureLitigationBlog Maurice Wutscher LLP The U.S. Court of Appeals for the Sixth Circuit recently rejected a borrower's "robo-signing" challenge to his foreclosure. In so ruling, the Court… Real Property, Financial Services & Title Insurance Update: Week Ending January 15, 2016 (and bonus opinion from January 20)FloridaLitigation Carlton Fields Florida Supreme Court amended Florida Rule of Civil Procedure 1.115 and Forms 1.944 and 1.996 to conform with § 702.015, Fla. Stat. (2015) and… Pitfalls for the Unwary: Long Arm Jurisdiction of State Enforcement of Money Transmittal Company Laws Locke Lord LLP Last month we alerted our clients to newly proposed anti-terrorism and anti-money laundering regulations in New York that sought to impose increased… A Two-Tier Market Emerges in European Leveraged Loans Latham & Watkins LLP We have already commented on the strong growth of the covenant-lite market in Europe for leveraged loans. The combination of a supply/demand… 2nd Cir Holds Debtor Can Bring Post-Discharge FDCPA Claims in District CourtLitigationBlog Maurice Wutscher LLP The U.S. Court of Appeals for the Second Circuit recently held that a debtor in bankruptcy can pursue claims under the federal Fair Debt Collection… Extension of Time-Limited, Conditional No-Action Relief Regarding Masking Certain Reportable Identifying InformationBlog Katten Muchin Rosenman LLP On January 15, the Commodity Futures Trading Commission’s Division of Market Oversight (DMO) issued CFTC letter 16-03 (“Letter”) providing a… Capital Markets Securities Fraud—What Do RMBSs, EB-5s and Political Intelligence Have in Common?Litigation Manatt Phelps & Phillips LLP A few interesting and diverse securities fraud matters from late 2015—one from the Second Circuit, two from the SEC—caught our eye. Read on for a… Desktop Reference: 8-K Filing Events Latham & Watkins LLP Entry into or material amendment of material agreement (not made in the ordinary course of business) Amendment may make an agreement material… Chairman Massad Says Finalizing Reg AT and Rules on Cybersecurity and Improving Swap Data Reporting Are 2016 CFTC Priorities; Position Limits Barely Get a Mention Katten Muchin Rosenman LLP Timothy Massad, Chairman of the Commodity Futures Trading Commission, heralded the CFTC's upgrading of the registration status of 18 swap execution… Recent Trends in Securities Class Action Litigation: 2015 Full-Year Review - Record Number of Cases Being Filed Faster than Ever with the Shortest Alleged Class PeriodsLitigation NERA Economic Consulting 2015 saw federal securities class action filings reach levels not seen since 2008, with 234 complaints filed. Growth was dominated by 182 filings… CFTC Issues Order Delegating to the NFA Certain Functions Related to Notices of Swap Valuation DisputesBlog Katten Muchin Rosenman LLP The Commodity Futures Trading Commission has authorized the National Futures Association (NFA) to receive, review, maintain and serve as the official… SEC Settles With Adviser That Allegedly Overcharged Management Fees and Misled InvestorsBlog Katten Muchin Rosenman LLP On January 19, the Securities and Exchange Commission announced that it had settled with Equinox Fund Management LLC (Equinox). The SEC order found… SEC Provides Long-Awaited Guidance on Fund Distribution and Sub-Accounting Fees Carlton Fields Guidance Update No. 2016-01, published this month by the SEC's Division of Investment Management, provides extensive guidance concerning the… SEC Adopts Interim Final Rules as Mandated by the FAST ActBlog Katten Muchin Rosenman LLP On January 13, the Securities and Exchange Commission announced that it adopted interim final rules to implement changes to Form S-1 and Form F-1… Reminders for Public Companies for the 2016 Annual Reporting and Proxy SeasonLitigation White & Case LLP This memorandum summarizes key developments that public companies should consider in drafting their disclosures and reviewing their existing… SEC whistleblowers are often outside the company… and the SEC wants more of them - key points for business DLA Piper LLP The SEC has announced its latest whistleblower award: more than $700,000. There are three points of note arising from the SEC's January 15… Resource Extraction Payment Disclosure Rule — You Have More Time To Comment Squire Patton Boggs In a January 21, 2016 release titled Extension of Comment Period for Disclosure of Payments by Resource Extraction Issuers, the Securities and… SEC Gives First Whistleblower Award to a Company Outsider Choate Hall & Stewart LLP The SEC recently awarded $700,000 to an outside industry expert whose “detailed analysis” of a company’s alleged misconduct helped the SEC bring a… Company & Commercial Joining a National Trend, Indiana Introduces Specialized Business CourtsIndianaLitigation Kelley Drye & Warren LLP The Indiana Supreme Court this week established six commercial courts dedicated to resolving complex business disputes. In doing so, Indiana joins… Unaccepted settlement offer cannot moot consumer lawsuitsLitigation Stinson Leonard Street LLP On Wednesday, January 20, in a 6-3 ruling, the U.S. Supreme Court held that an unaccepted settlement offer, or offer of judgment pursuant to Federal… Competition & Antitrust FTC Increases HSR Jurisdictional Thresholds Mintz Levin Cohn Ferris Glovsky and Popeo PC The Federal Trade Commission (FTC) announced on January 21, 2016 increased jurisdictional thresholds for premerger notification filings under the… Revised Jurisdictional Thresholds Under the HSR Act and For the Prohibition of Interlocking Directorates Greenberg Traurig LLP Yesterday, the Federal Trade Commission ("FTC") published a notice to revise the premerger notification thresholds for mergers and acquisitions under… New York Governor Andrew Cuomo nominates Maria Vullo as NYDFS’s superintendentNew YorkBlog BuckleySandler LLP On January 21, New York Governor Andrew Cuomo nominated Maria Vullo to serve as the NYDFS's superintendent. If approved by the New York State Senate… U.S. Federal Trade Commission Announces Annual Revisions to the Thresholds of the HSR Act and Prohibition Against Interlocking Directors Clifford Chance LLP Pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, barring numerous exceptions, parties to an acquisition or merger… FTC Announces Revised Thresholds for Interlocking Directorates Ropes & Gray LLP The Federal Trade Commission has announced revised thresholds for interlocking directorates required under Section 8 of the Clayton Act (15 U.S.C… Corporate and Antitrust Alert: FTC Raises Hart-Scott-Rodino Premerger Filing Thresholds Kaye Scholer LLP The Federal Trade Commission (FTC) announced its annual revision of the filing thresholds under the Hart-Scott-Rodino Antitrust Improvements Act (HSR… FTC Announces Changes to Hart-Scott-Rodino Filing Thresholds McGuireWoods LLP On January 21, 2016, the Federal Trade Commission announced revised thresholds for premerger filings under the Hart-Scott-Rodino Antitrust… New HSR Thresholds for 2016 Fenwick & West LLP The annual adjustment of the dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will take effect the end of February. All… FTC Announces Revised Hart-Scott-Rodino Filing ThresholdsBlog Katten Muchin Rosenman LLP On January 21, the Federal Trade Commission (FTC) announced the new filing thresholds that will apply to mergers and acquisitions under the… New HSR and Interlocking Directorate Thresholds Announced for 2016 Hogan Lovells On 21 January 2016, the Federal Trade Commission (FTC) released the annual jurisdictional adjustments for premerger notification filings made… Copyrights Copyright Case Against Famed Hip Hop Artist “50 Cent” Isn’t Worth Two BitsLitigationBlog Dorsey & Whitney LLP In the summer of 2007, hip-hop artist Curtis Jackson—who performs under the stage name “50 Cent”—rapped his way to fame and riches with the smash hit… Corporate Finance/M&A Disclosure Settlement Rejected in Trulia Merger LitigationDelawareLitigationBlog Stinson Leonard Street LLP Chancellor Bouchard of the Delaware Court of Chancery rejected a disclosure settlement in In Re Trulia, Inc. Stockholder Litigation. The Chancellor… Oil and Gas M&A Market to Re-energize in 2016 Squire Patton Boggs Since the third quarter of 2014, the appetite for lending to small and midsized exploration and production companies (E&P Companies) has decreased… FTC Announces Annual Changes to HSR Thresholds (2016) White & Case LLP On January 21, 2016, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The… Employee Benefits & Pensions U.S. Supreme Court Decision in Montanile Applies Principles of Equity to Reach an Absurdly Inequitable Result Regarding ERISA Plan Reimbursement ClaimLitigation Davis Wright Tremaine LLP "A" gets hit by a drunk driver and incurs $121,044 in medical expenses. The ERISA Plan agrees to pay the expenses if "A" contractually agrees to… Affordable Care Act reporting: what employers need to do now Pierce Atwood LLP Reporting is complex with many traps for the unwary. Employers should be working now to prepare the forms required by the ACA and start planning for… Supreme Court Holds that ERISA Plan Can’t Recover Dissipated FundsLitigation Winston & Strawn LLP Resolving a circuit court of appeals split, the U.S. Supreme Court in Montanile v. Board of Trustees of the National Elevator Industry Health Plan… California Court Recognizes Same-Sex Marriage a Week Prior to WindsorCaliforniaLitigationBlog Bryan Cave LLP Earlier this month, the U.S. District Court for the Northern District of California recognized the retroactive application of United States v… Supreme Court Limits ERISA Plans' Reimbursement RightsLitigation Littler Mendelson In Montanile v. National Elevator Industry Health Benefit Plan (January 20, 2016), the U.S. Supreme Court dealt a blow to ERISA plans that seek to… Some Welcome Relief and Clarification on Affordable Care Act for Employers Patterson Belknap Webb & Tyler LLP As the federal agencies continue to issue more guidance on the application of various provisions of the Affordable Care Act (the “ACA”) to… ERISA Claim Knocked Off the Pedestal - Provider of 401(k) Investment Platform Held Not to Have Fiduciary LiabilityLitigation Dechert LLP Over the years, U.S. employers that sponsor "401(k)" and other retirement plans, and plan fiduciaries, have increasingly become the subject of… IRS Issues Guidance on Employer Health Plan Opt-Out Payment ArrangementsBlog Verrill Dana LLP Late last month the IRS released, in the form of 26 Q/As in Notice 2015-87, guidance on the application of various provisions of the Affordable Care… Employment & Labor Year in review: regulatory developmentsBlog Morrison & Foerster LLP As part of our Year in Review series, we are highlighting the most significant federal regulations of 2015 and summarizing the resulting requirements… Global Directions: Mobility Trends in January 2016 Mayer Brown LLP Mayer Brown's Global Directions is a summary of recent immigration and mobility trends arising in key jurisdictions around the globe. This high-level… Top 10 Things to Focus on When Conducting Due Diligence in a Trade Secret Acquisition (Part Two)Litigation Fredrikson & Byron PA This article, which discusses due diligence items 6-10, is the second part of an overview of the 10 key factors to examine whether information is… Time to Post OSHA’s Form 300A Royal PC It is time for employers who are required to keep OSHA injury and illness records to post OSHA's Form 300A. This form summarizes the total number of… Campbell-Ewald Co. v. Gomez - Court Leaves Mootness Question OpenLitigationBlog McGuireWoods LLP As you probably know, on Wednesday, the Supreme Court finally issued its long-awaited opinion in Campbell-Ewald Co. v. Gomez. Tammy Adkins & Helen… “How to Bridge That Stubborn Pay Gap” — An Excellent NYT Article FisherBroyles Claire Cain Miller has written what I think is a very significant article about gender pay disparity in today's New York Times, entitled "How to… Ten Steps For U.S. Multinational Employers Towards Compliance With Europe’s New Data Protection Framework - The General Data Protection Regulation Littler Mendelson The European Union's (EU) new data protection framework, known as the General Data Protection Regulation (the "Regulation"), is, at bottom, a… Minnesota Supreme Court Holds Six-Year Statute of Limitations Applies to Reporting Claims under the Minnesota Whistleblower ActMinnesotaLitigation Littler Mendelson On January 20, 2016, the Minnesota Supreme Court affirmed the Minnesota Court of Appeals' decision in Ford v. Minneapolis Public Schools in a narrow… DOL Announces Broad Interpretation of Joint Employer Liability for Wage and Hour ClaimsLitigation Phelps Dunbar LLP This week, another regulatory agency staked a position on the emerging issue of joint employer liability. In a January 20, 2016 Administrator's… CFTC Launches Whistleblower Program’s WebsiteBlog Katten Muchin Rosenman LLP On January 21, the Commodity Futures Trading Commission launched its Whistleblower Program’s new website, http://ift.tt/1PyfUYD. The new website has… Employment Law Update: 2015 year-end reviewLitigation Schulte Roth & Zabel LLP In the past year, many significant statutory, regulatory and case law developments affected employers' approaches to a variety of important workplace… Pick-Off Strategy Via a Rule 68 Offer of Judgment Suffers Stinging Defeat in the Supreme Court; But Can an Actual Payment to the Plaintiff Do the Trick?LitigationBlog Mintz Levin Cohn Ferris Glovsky and Popeo PC An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff's individual and class action claims said the Supreme Court on… Transgender roadmap: 10 steps the EEOC thinks employers should takeLitigationBlog Constangy Brooks Smith & Prophete LLP Law360 reported yesterday morning that the Equal Employment Opportunity Commission settled a transgender discrimination and harassment lawsuit (not… Court Rules That Employer Need Not Accommodate Medical Marijuana UseNew MexicoLitigation Vorys, Sater, Seymour and Pease LLP The issue of accommodating medical marijuana users in the workplace is becoming more common. As we reported last year, the Colorado Supreme Court has… Meowing dogs and barking cats: Supreme Court grants certiorari to determine service advisors’ eligibility for overtime payLitigation Barnes & Thornburg LLP The Supreme Court recently granted certiorari in Navarro v. Encino Motorcars, LLC, after the Ninth Circuit found that the FLSA exemption for overtime… Determining Duration of Enforceable Non-Competes in CaliforniaCaliforniaBlog Venable LLP A topic has repeatedly come up over the years that I wanted to address - is an enforceable non-compete in California required to be reasonable in… DOL Sets Its Sights on Small Businesses in Recent Joint Employer Guidance Cozen O'Connor The NLRB made a splash when it laid out a new standard to capture employers previously thought to be outside the "joint employer" net with its… DOL issues new standards for joint employment Sidley Austin LLP On January 20, 2016, Department of Labor Wage and Hour Division (“WHD”) Administrator David Weil issued an Administrator’s Interpretation… FMLA FAQ: how do snow days affect FMLA leave?Blog Franczek Radelet PC Although the FMLA rules do not directly address this question, the general rule for counting FMLA leave during a holiday week would likely apply. So… Limiting Exposure in Negligent Hiring and Retention Claims: The FAST Act’s Exclusion of CSA Data from Public View Wilson Elser The passing of the Fixing America's Surface Transportation Act (FAST Act) ushers in com- prehensive reforms to the Federal Motor Carrier Safety… 2016 Labor & Employment OutlookLitigation LeClairRyan This year is shaping up to be a dynamic one in labor and employment law. From changes to minimum wage and overtime protections to large-scale Equal… Federal Formula for Calculating Bonus Overtime Lawful in CaliforniaCaliforniaLitigation Seyfarth Shaw LLP A California employer can use the federal formula for calculating overtime on a flat sum bonus, even though the California Division of Labor Standards… U.S. Supreme Court Rules Unaccepted Offer of Judgment Does Not Moot Class ClaimsLitigation Reed Smith LLP The United States Supreme Court further removed a valuable tool from class action defendants' arsenals Wednesday, ruling 6-3 that a class action… New York State and City Employment Law UpdateNew York Squire Patton Boggs The beginning of 2016 is a busy year for New York employers. Both the state and New York City have enacted a variety of laws expanding protections… FTC Report: With Big Data Can Come Big Responsibility Littler Mendelson The Federal Trade Commission (“FTC”) issued a report this month entitled, “Big Data: A Tool for Inclusion or Exclusion.” The theme of the report is… Florida Appellate Court Finds Widow Could Independently Bring FCRA Discrimination Claim After Her Husband’s DeathFloridaLitigation Carlton Fields On January 20, a Florida appellate court held that a personal representative can initiate a Florida Civil Rights Act (FCRA) complaint alleging… Employers Again Brace for Winter Storms Ford & Harrison LLP With severe winter weather predicted for much of the East Coast and extending as far west as Central Arkansas, employers should be prepared to… The Unclear Future Of Contract LawyersLitigationBlog Shook Hardy & Bacon LLP Contract legal work has become the norm for many attorneys who, for whatever reason, are not engaged in a full-time legal practice. This type of work… Corporate Wellness Programs: How Far Can Employers Go to Make Employees Healthy?Blog Baker & McKenzie It's a new year, and some of your employees may have resolved to lose weight, eat more healthfully, or even give up smoking in 2016. But employees… Mintz Levin 2nd Annual Employment Law Summit - Enhancing Workplace Diversity and Dispelling Myths Regarding Reverse Discrimination ClaimsLitigationBlog Mintz Levin Cohn Ferris Glovsky and Popeo PC As wise employers focus strategic initiatives to enhance diversity and inclusion in the workplace, we periodically receive questions about… A TED Talk’s Roadmap for Staying Calm When an Active Shooter’s at the Door Fisher & Phillips LLP An armed gunman just entered your workplace. You’re under stress. What is the first thing you and your management team do? Does someone call the… What Now? Assessing Your New Compliance Program for Combating Trafficking in Federal Contracts Venable LLP As National Slavery and Human Trafficking Prevention Month, January 2016 offers the opportunity for federal contractors to reflect on the significant… On Second Thought, That Bum Shoulder Is a DisabilityLitigationBlog SmithAmundsen LLC A federal appellate court unanimously found that an individual’s difficulty with lifting his right arm above his shoulder, constituted a disability… Employment & Labor in Arizona: Lexology Navigator Q&AArizonaLitigationNavigator Ogletree Deakins A structured guide to employment and labor law in Arizona... Event notice H-1B Boot Camp: Prepare Now for Filing Season Husch Blackwell LLPWebinar, 4 - 16 February 2016 Energy & Natural Resources Oregon Magistrate Judge: Environmental Claims Exclusion Includes Indian Tribes’ ClaimsOregonLitigationBlog Pillsbury Winthrop Shaw Pittman LLP In an insurance case attracting the attention of many insurance companies, Century Indemnity Company v. Marine Group, LLP, et al., a U.S. Magistrate… The Water Board Will Consider Changes to Its Emergency Drought Regulation for 2016California Nossaman LLP El Niño is upon California. Yet, despite the ample rain and snow expected this winter, the State Water Resources Control Board (“Water Board”) is… FERC Declines to Resolve PURPA Dispute Duane Morris LLP On January 8, 2016, FERC declined to initiate an enforcement action under the Public Utility Regulatory Policies Act of 1978 (PURPA) in a matter… Mid-Atlantic Region Sees Energy Infrastructure Investment Duane Morris LLP The Mid-Atlantic region might experience a significant energy infrastructure build-out, ranging from natural gas pipelines to electric generation… New Pennsylvania Methane Rules may be More Stringent than Federal StandardsPennsylvania Reed Smith LLP Gov. Tom Wolf recently announced the creation of a multi-pronged plan to target and reduce methane emissions from unconventional natural gas wells… PACE Program Emerges as a Finance Tool in New YorkNew York Duane Morris LLP PACE (Property Assessed Clean Energy) is an innovative financing tool that utilizes private capital to finance energy efficiency and renewable energy… Court Says “No” to Prejudicial Evidence in Tesoro v. PG&E TrialCaliforniaLitigationBlog Weil Gotshal & Manges LLP Trial began this week in Tesoro Refining and Marketing Company LLC v. Pacific Gas and Electric Company, No. 14-cv-00930-JCS in the Northern District… Pennsylvania Announces Planned New Methane RulesPennsylvania Duane Morris LLP On January 19, 2016, Pennsylvania Governor Tom Wolf announced a "nation-leading strategy" to reduce emissions of methane associated with natural gas… Insolvency & Restructuring Bankruptcy Court Rules Parties Lack Standing, Reminds Litigants of the Parameters of §1109(b)VirginiaLitigation Weil Gotshal & Manges LLP Generally when parties to a dispute work out a settlement they can breathe a sigh of relief and put their differences behind them. OK - it's a little… Insider Loans Equitably SubordinatedIllinoisLitigation Mintz Levin Cohn Ferris Glovsky and Popeo PC In SGK Ventures, LLC, the Bankruptcy Court for the Northern District of Illinois ordered that the secured claims of two entities controlled by… Circuit Court Affirms Bankruptcy Order Requiring Creditor to Reimburse Trustee for Maintaining CollateralLitigationBlog Burr & Forman LLP In the case of Domistyle, Inc., 14-41463 (5th Cir. Dec. 29, 2015), the United States Court of Appeal for the Fifth Circuit affirmed an order of the… IT & Data Protection Wyndham Settles with FTC Cozen O'Connor Last month, Wyndham Worldwide Corp. settled its lengthy civil case with the Federal Trade Commission. The suit began in 2012, when the FTC sued… Digital Assets Bill Heading to Florida Senate FloorFlorida Bryan Cave LLP We previously told you about the Uniform Fiduciary Access to Digital Assets Act ("UFADAA") in our post found here. Now, Florida may become the 10th… The ‘Internet of Things’: Legal Challenges in an Ultra-connected World Mason Hayes & Curran The 'Internet of Things' (IoT) is a real game changer that is set to transform our lives. Gartner predicts that by the end of this year over 6.4… Drunk passenger sues Uber driverLitigation Bricker & Eckler LLP Last October, a Taco Bell executive (now a former Taco Bell executive) became a viral sensation when this video of him assaulting an Uber driver… Israel Postpones Possibility of Any U.S.-EU Safe Harbor Enforcement Hunton & Williams LLP On January 21, 2016, the Israeli Law, Information and Technology Authority ("ILITA") announced that it would postpone for the time being any review… Is the Internet expanding privacy expectations? Thompson Coburn LLP Is the Internet invading privacy, or expanding privacy? The conventional wisdom is that the Internet is eviscerating privacy. But in some ways a… Digital medicines Taylor Wessing News has emerged from the US that the FDA has accepted, for the first time, a New Drug Application for a 'digital medicine'. This is new form of… Privacy Perils: Threats of Hacktivism Bass, Berry & Sims PLC Hacktivism is defined as the act of breaking into a computer system to promote a political or social agenda. This behavior can be used to punish a… House to Vote on an Iran-Sanctions Bill and a Measure to Electrify Africa; Some Congressional Hearings to Focus on Countering ISIL and the U.S. Strategy for Syria and Iraq Squire Patton Boggs The Senate was in session last week, while the House of Representatives remained in recess in observance of the Martin Luther King holiday. On 16… Legal Practice “It’s Not Becoming Of A Woman” - Lawyer Sanctioned For Sexist CommentLitigation FisherBroyles A significant development within the legal profession is the subject of this post, and it is even, arguably, within the expansive remit of… Enter Sandman, Exit LawyerBlog Dentons Ok, so not everyone is an opera fan. Thankfully, we at the Risk Tip enjoy a wide variety of musical tastes. Unfortunately, that also means that we’ve… Patents Federal Circuit Sides with Apple Regarding Permanent Injunction Against SamsungLitigation Kenyon & Kenyon LLP The district court did not err by requiring Apple to satisfy the causal nexus requirement to show evidence of irreparable harm; Apple’s argument that… Think Twice Before Sharing Privileged Documents with a Potential Patent LicenseeLitigation Fredrikson & Byron PA You May be Making It Easier for a Party to Later Invalidate the Patent. It is not uncommon for a party seeking to license or acquire a patent to… District Courts Increasingly Award Attorneys’ Fees Based on Patentees' Unreasonable Positions and Vexatious Litigation StrategiesTexasLitigation Finnegan, Henderson, Farabow, Garrett & Dunner LLP Following a Supreme Court ruling in 2014, district courts have awarded attorneys' fees to defendants in an increasing number of patent litigations… Petitioner Blows Smoke with Late-Filed DeclarationLitigationBlog Marshall Gerstein & Borun LLP In Redline Detection, LLC v Star Envirotech, Inc., the Federal Circuit affirmed a PTAB Final Written Decision that the petitioner failed to show that… Parties’ Unauthorized Mandatory Notices Submissions Expunged IPR2015-00040Litigation Drinker Biddle & Reath LLP The filing of an appropriate notice concerning a related proceeding requires prior Board authorization and is not a briefing opportunity to advocate… Summary judgment of noninfringement is recommendedDelawareLitigation Morris James LLP Thynge, C.M. J. Report and Recommendation recommending that Defendant’s motion for summary judgment of non-infringement be granted and that its motion… Claims are construed in computer technology caseDelawareLitigation Morris James LLP Stark, C.J. Claim construction opinion issues regarding nineteen terms from seven patents. A Markman hearing took place on November 17, 2015 The… Federal Circuit Affirms PTAB’s Finding of Obviousness in Covered Business Method ReviewLitigation Kenyon & Kenyon LLP The decision whether to initiate a covered business patent post-grant review is not appealable to the CAFC, but the final decision is subject to… Streamlining appeals for small entitiesLitigation Finnegan, Henderson, Farabow, Garrett & Dunner LLP On September 18, 2015, the Patent Trial and Appeal Board (PTAB) launched a Streamlined, Expedited Patent Appeal Pilot (S-EPAP) program for Small… Tax Rep. Nunes Introduces Bill Overhauling Business Taxes Steptoe & Johnson LLP Today Representative Devin Nunes (R-CA) introduced the American Business Competitiveness Act (H.R. 4377), which would, among other things, allow all… IRS Releases Guidance on the Treatment by RICs of Certain EU Tax Refunds Steptoe & Johnson LLP Today the IRS released Notice 2016-10, which addresses the application of sections 853 and 905(c) to the receipt by a regulated investment company… Senate Finance Committee Members Express Concern That EU State Aid Investigations Could Adversely Impact US Companies Steptoe & Johnson LLP In a letter to Treasury Secretary Jack Lew today, Senate Finance Committee Chairman Orrin Hatch (R-UT), Ranking Member Ron Wyden (D-OR), and… IRS Reduces Voluntary Compliance Program Filing Fees for Most Plans Littler Mendelson The IRS recently published its annual update on user fees, Revenue Procedure 2016-8, which now includes fees for Voluntary Compliance Program ("VCP")… Miscellaneous guidance - 14 January 2016 Steptoe & Johnson LLP Today the IRS released Notice 2016-05, which provides guidance for users of biodiesels and alternative fuels on how to make one-time claims for the… Out-of-State Subsidiary Holding Company Cannot Be Forcibly Included in a Colorado Combined ReturnColoradoLitigation Morrison & Foerster LLP A Denver District Court judge has held that the Colorado Department of Revenue cannot forcibly combine a corporation's subsidiary, a holding company… Miscellaneous guidance - 15 January 2016 Steptoe & Johnson LLP The IRS released Notice 2016-07, which provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates used under… IRS Announces Hearing on Obergefell RulesLitigation Steptoe & Johnson LLP Today the IRS announced that a public hearing will be held on January 27 regarding proposed regulations relating to the holdings of Obergefell v… Reed Smith Clients Vindicated - Illinois Circuit Court Grants Motion to Dismiss in Qui Tam Winery CasesIllinoisLitigation Reed Smith LLP On January 20, 2016, Judge Thomas Mulroy of the Cook County Circuit Court in Chicago granted the Illinois Attorney General's Motions to Dismiss… Miscellaneous guidance - 12 January 2016 Steptoe & Johnson LLP Today the IRS released Revenue Ruling 2016-02, which sets forth the prevailing state assumed interest rates used by insurance companies to determine… Patience Is a Virtue When Waiting for New or Improved Tax LawBlog Squire Patton Boggs Often we would all like things to happen quickly in life. At other times things happen in the blink of an eye and we wish we had more time to… Argentina Latin America & Caribbean Banking Argentina modifies certain exchange control rules and export duties PwC Switzerland The recently elected government of Argentina has issued the following measures related to the Argentine exchange control regime and export duties:… Brazil Latin America & Caribbean Energy & Natural Resources DNPM estabelece prazo para apresentação de comprovante de entrega do PAEBMPT Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados No dia 18 de Janeiro de 2016, o Departamento Nacional de Produção Mineral (DNPM) publicou, no Diário Oficial da União, a Portaria nº 14 que… Chile Latin America & Caribbean Tax Redomiciliation of foreign companies Montt y Cia SA The redomiciliation of companies (ie, movement of a company incorporated in one jurisdiction to another, retaining its legal character) is not… Costa Rica Latin America & Caribbean Employment & Labor Nueva Ley Procesal Laboral: “Régimen Probatorio”ES BLP El nuevo proceso laboral, específicamente en el Título Décimo, denominado: Jurisdicción Especial de Trabajo, contiene el Capítulo Quinto, Sección… Czech Republic Europe Company & Commercial Jednání před založením obchodní korporaceLitigationCZ Weinhold Legal Žalobkyně se v předmětné věci domáhala vyslovení neplatnosti části nájemní smlouvy, kterou s ní uzavřela žalovaná společnost s ručením omezeným čtyři… Odstoupení člena orgánu obchodní korporace z funkce v nevhodné doběLitigationCZ Weinhold Legal Vrchní soud v Praze se v dané věci zabýval otázkou, zda odstoupení člena orgánu obchodní korporace v nevhodné době způsobuje absolutní či relativní… European Union Europe Banking EBA publishes revised TS and guidelines for G-SIIs Dentons EBA has published revised final draft technical standards (TS) and Guidelines on methodology and disclosure for global systemically important… CMBS 2016: Tailwinds and wishesBlog Reed Smith LLP Earlier this month I set out my CMBS predictions for 2016 in the Investment Adviser (Broadening the scope of CMBS loan issuance), where I predicted… EBA updates single rulebook Q&A Dentons EBA has added two new items to its single rulebook Q&A. (Source: EBA Single Rulebook Q&A)… Draghi promises fresh stimulus for eurozone Cummings Law Ltd Mario Draghi, ECB head, promised yesterday that the ECB would revisit its policy stance in March, which was welcomed by the markets, after keeping… ESMA Publishes European Commission Letter on AIFMD PassportBlog Katten Muchin Rosenman LLP On January 19, the European Securities and Markets Authority (ESMA) published on its website a letter it received from the European Commission… A Two-Tier Market Emerges in European Leveraged Loans Latham & Watkins LLP We have already commented on the strong growth of the covenant-lite market in Europe for leveraged loans. The combination of a supply/demand… New Covered Bond Law in Romania CMS A new covered bond law will enter into force on 3 March 2016 (the “New Law”). The New Law (Law No. 304/2015 on mortgage bonds) will repeal Law No… Capital Markets The Prospectus Directive Cummings Law Ltd The Prospectus Directive [2003/71/EC], as supplemented by the Prospectus Regulation (EC No. 809/2004) provides for a single regime throughout the EU… Proposed MiFID II delay may not be enough Cummings Law Ltd Steven Maijoor, ESMA chair, has said this week that a 12-month delay to MiFID II may still not be enough time for the industry to prepare. The… ACER announces 11th Public Workshop on REMIT ImplementationBlog Katten Muchin Rosenman LLP On January 15, Europe’s Agency for the Cooperation of Energy Regulators (ACER) announced its 11th Public Workshop (Workshop) on the implementation of… Competition & Antitrust Will antitrust laws limit the Frightful 5 who dominate digital life?Blog Gardere The New York Times identified Amazon, Apple, Facebook, Google, and Microsoft as the "undisputed rulers of the consumer technology industry" in a… EU and national leniency applications independent rules ECJLitigationBlog Bryan Cave LLP On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on… Copyrights DSM Watch: Towards a modern European copyright framework (Part 1) Hogan Lovells In the first of a series of five, this blog overviews the European Commission’s action plan for modernising European copyright. In May 2015 the… Employment & Labor Ten Steps For U.S. Multinational Employers Towards Compliance With Europe’s New Data Protection Framework - The General Data Protection Regulation Littler Mendelson The European Union's (EU) new data protection framework, known as the General Data Protection Regulation (the "Regulation"), is, at bottom, a… Rules on Monitoring an Employee’s Internet Use: a new ECHR decisionLitigation Bryan Cave LLP In a decision rendered last January 12, 2016, the European Court of Human Rights ("ECHR") held that the dismissal of an employee for having used his… Energy & Natural Resources Iran - an Opportunity, but not without Risk CMS Sanctions were first imposed by the US in 1979, supplemented by various additional layers of restrictions by the EU and UN through the 1990s and… REMIT Update - Data Reporting and Enforcement Activities Cadwalader Wickersham & Taft LLP As 2016 begins, energy market participants must prepare for the second and final phase of data reporting under the EU Regulation on wholesale energy… IT & Data Protection The ‘Internet of Things’: Legal Challenges in an Ultra-connected World Mason Hayes & Curran The 'Internet of Things' (IoT) is a real game changer that is set to transform our lives. Gartner predicts that by the end of this year over 6.4… If Safe Harbor is dead in the water, what does that mean for you?Litigation Reed Smith LLP The invalidation of the EU-U.S. Safe Harbor framework in October 2015 has created uncertainty for businesses that were reliant on the regime to… Tax EU Releases Draft Anti-Tax Avoidance and Tax Information Exchange Legislative Proposals Steptoe & Johnson LLP Drafts of two European Commission legislative proposals were made public today. One of the proposals contains rules against tax avoidance practices… EU Orders Recovery of €700 Million, Concludes Belgian 'Excess Profit' Tax Scheme IllegalLitigation Steptoe & Johnson LLP Today the European Union (EU) concluded that selective tax advantages granted by Belgium under "excess profit" tax rulings are illegal under EU state… France Europe Employment & Labor Rules on Monitoring an Employee’s Internet Use: a new ECHR decisionLitigation Bryan Cave LLP In a decision rendered last January 12, 2016, the European Court of Human Rights ("ECHR") held that the dismissal of an employee for having used his… Germany Europe Competition & Antitrust Verhängung von Bußgeldern gegen drei Herausgeber von AnzeigenblätternDE Luther Rechtsanwaltsgesellschaft Das Bundeskartellamt hat nach der Pressemitteilung vom 8. Dezember 2015 im Rahmen eines Kartellordnungswidrigkeitenverfahrens Geldbußen in Höhe von… Weiteres Bußgeld im MatratzenkartellDE Luther Rechtsanwaltsgesellschaft Das Bundeskartellamt hat zum Abschluss des Kartellverfahrens gegen Matratzenhersteller eine Geldbuße in Höhe von EUR 15,5 Mio. gegen die Tempur… OLG: EDEKA durfte von Sektherstellern „Hochzeitsrabatt“ verlangen - Bundeskartellamt scheitert mit „Anzapfverbot“DE Luther Rechtsanwaltsgesellschaft Ende 2008 hatte EDEKA rund 2.300 Plus-Filialen von Tengelmann übernommen, um sie in ihr aus ca. 2.000 Filialen bestehendes Discount-Netz Netto zu… LAG Düsseldorf: Keine Bußgeldhaftung eines Verkaufsleiters bei Etablierung eines Absprachesystems durch den ArbeitgeberLitigationDE Luther Rechtsanwaltsgesellschaft Das LAG Düsseldorf hat mit Urteil vom 27. November 2015 (Az. 14 Sa 800/15) auf die Berufung von ThyssenKrupp hin entschieden, dass ein Verkaufsleiter… Employee Benefits & Pensions Capital gains from a management participation plan may not be wagesLitigationBlog Squire Patton Boggs The tax consequences in Germany of a management participation plan are not clear. An employee holding an interest in their employer company may… “Late marriage” clause in pension schemes is an age discriminationLitigation DLA Piper LLP A “late marriage” clause that requires for payment of the survivor’s pension that the employee, entitled to pension benefits, was getting married… Employment & Labor Rules on Monitoring an Employee’s Internet Use: a new ECHR decisionLitigation Bryan Cave LLP In a decision rendered last January 12, 2016, the European Court of Human Rights ("ECHR") held that the dismissal of an employee for having used his… IT & Data Protection Transfer of personal data in German M&A asset deal transactions Fried Frank Harris Shriver & Jacobson LLP German data protection authorities get serious: fines of up to EUR 300,000 may be awarded for transfer of customer data in M&A asset deal… Hungary Europe Tax Significant changes to the real estate construction and development sector in Hungary Kinstellar As from 1 January 2016, several notable changes were introduced to construction and VAT regulations, and significant social support was made… Ireland Europe IT & Data Protection New legislation to protect against Cyber Attacks published Eversheds LLP The highly anticipated and much needed Criminal Justice (Offences Relating to Information Systems) Bill 2016 (the "Bill") was published by the… The ‘Internet of Things’: Legal Challenges in an Ultra-connected World Mason Hayes & Curran The 'Internet of Things' (IoT) is a real game changer that is set to transform our lives. Gartner predicts that by the end of this year over 6.4… Italy Europe Competition & Antitrust EU and national leniency applications independent rules ECJLitigationBlog Bryan Cave LLP On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on… Employment & Labor Rules on Monitoring an Employee’s Internet Use: a new ECHR decisionLitigation Bryan Cave LLP In a decision rendered last January 12, 2016, the European Court of Human Rights ("ECHR") held that the dismissal of an employee for having used his… Netherlands Europe Competition & Antitrust Clementieverklaringen door kartelovertreders: blijven ze vertrouwelijk of gaan ze openbaar?NE AKD De vertrouwelijkheid van informatie die is verstrekt door clementievragers blijft een hot topic in mededingingsland. Het fenomeen speelt niet alleen… Employee Benefits & Pensions Révision du rendement minimum garantiFR Loyens & Loeff La mesure la plus discutée de la Loi visant à garantir la pérennité et le caractère social des pensions complémentaires et visant à renforcer le… Aanpassing rendementsgarantieNE Loyens & Loeff De meest besproken maatregel uit de Wet tot waarborging van de duurzaamheid en het sociale karakter van de aanvullende pensioenen en tot versterking… Employment & Labor Employment in the Netherlands Conditions of employment, tax and social security aspects - Edition 2016Litigation Loyens & Loeff Employment in the Netherlands, either through a secondment or direct employment with a Dutch employer, will often have consequences in the field of… Werkgever Alert 2016NE Loyens & Loeff De wet omschrijft de arbeidsovereenkomst als de overeenkomst waarbij de ene partij, de werknemer, zich verbindt om in dienst van de an… Energy & Natural Resources Dutch offshore wind tender delayed, but saved by emergency bill CMS The Ministry of Economic Affairs (MEA) announced a bill to enable the opening of the first offshore wind tender by the beginning of April 2016. The… Romania Europe Banking New Covered Bond Law in Romania CMS A new covered bond law will enter into force on 3 March 2016 (the “New Law”). The New Law (Law No. 304/2015 on mortgage bonds) will repeal Law No… Russia Europe Company & Commercial New rules for transferring shares in Russian limited liability companies and immovable property DLA Piper LLP On 29 December 2015, Federal Law No. 391-FZ, which introduces new rules for transferring shares in LLCs and immovable property ("Law"), was signed… IT & Data Protection House to Vote on an Iran-Sanctions Bill and a Measure to Electrify Africa; Some Congressional Hearings to Focus on Countering ISIL and the U.S. Strategy for Syria and Iraq Squire Patton Boggs The Senate was in session last week, while the House of Representatives remained in recess in observance of the Martin Luther King holiday. On 16… Spain Europe Insolvency & Restructuring Bankrupted? No valid reason to stop using your trademarkLitigation Abril Abogados The Spanish High Court has recently issued a decisión (cassation appeal) confirming that insolvency proceedings are not a valid reason to justify… Switzerland Europe Banking January 2016 FATCA Developments PwC Switzerland On 20 January the Swiss State Secretariat for International Financial Matters (SIF) published an update (German, French) regarding the aggregated… Insolvency & Restructuring Proposed revamp of provisions on recognition of foreign bankruptcy proceedings FRORIEP On October 14 2015 the Federal Council published a revision project for the Private International Law Act regarding the recognition and coordination… Tax Unternehmenssteuerreform III DE PwC Switzerland Am 5. Juni 2015 hatte der Schweizerische Bundesrat die Botschaft zum Bundesgesetz über die Unternehmenssteuerreform III (USTR III) zur Beratung an… Turkey Europe Banking New Asian Infrastructure Investment Bank to increase funds available for infrastructure in Turkey Baker & McKenzie The Asian Infrastructure Investment Bank ("AIIB"), a new multilateral development bank established after China proposed the initiative in 2013… Energy & Natural Resources Certain Expiry Dates Under Electricity Market Law Extended in Turkey Moroğlu Arseven Certain expiry dates under the Electricity Market Law (“Law”) have been extended in Turkey. Extensions apply to certain aspects of the price… Ukraine Europe IT & Data Protection House to Vote on an Iran-Sanctions Bill and a Measure to Electrify Africa; Some Congressional Hearings to Focus on Countering ISIL and the U.S. Strategy for Syria and Iraq Squire Patton Boggs The Senate was in session last week, while the House of Representatives remained in recess in observance of the Martin Luther King holiday. On 16… United Kingdom Europe Banking Podcast: Episode 9 - The View from Mayer BrownLitigationAudio Mayer Brown LLP Please release me: This month Ed Sautter discusses how Lloyds Bank persuaded the Court of Appeal to permit it to redeem some expensive capital notes… PRA publishes consultation paper on buy-outs of variable remuneration (CP2/16) Eversheds LLP On 13 January 2016, the Prudential Regulation Authority (PRA) published a consultation paper on buy-outs of variable remuneration - CP2/16. The Bank… Upper Tribunal Interprets Macris Identification JudgmentLitigation Mishcon de Reya In Ashton, the Upper Tribunal has recently interpreted the somewhat problematic identification test laid down by the Court of Appeal in the Macris… FSCS publishes its Plan and Budget: 2016/17 Eversheds LLP The Financial Services Compensation Scheme (FSCS) has published its Plan and Budget: 2016/17. For the second year in succession FSCS has budgeted for… PRA publishes occasional consultation Dentons PRA's latest occasional consultation paper proposes minor changes to its rules and guidance, which are not policy changes. This includes rules being… FCA publishes new webpage on Banking Eversheds LLP The FCA has published a new webpage on Banking that contains links to: Consumer's banking rights in relation to common problems. Packaged bank… Bank of England publishes Credit Conditions Review 2015 Q4 Eversheds LLP Drawing on the results of its Bank Liabilities Survey and Credit Conditions Survey, the Bank of England has published its Credit Conditions Review… FCA consults on minor MCD rule changes Dentons FCA is consulting on minor changes to its rules and guidance as a result of Mortgage Credit Directive (MCD) implementation. The changes relate to… FCA releases 2014 and 2015 evaluations of FCA board effectiveness Eversheds LLP The FCA has updated its transparency webpage to include links to the following external reviews of the effectiveness of its board: Discussion… FCA publishes board effectiveness review Dentons FCA has published the Review of Board Effectiveness it commissioned from Boardroom Review Limited, covering the period from June to October 2015. The… FCA and PRA consult on MELL for FSCS Dentons PRA and FCA have issued a joint consultation paper on the management expenses levy limit (MELL) for the FSCS for 2016/17. The proposed levy limit of… Company & Commercial Private equity: Developments in Corporate Governance and Stewardship 2015 Cummings Law Ltd This week’s Equity Issues sets out a brief summary of the annual report of the Financial Reporting Council (FRC) relating to the impact and… Supreme Court clarifies law on implied terms: "business efficacy" test remainsLitigation RPC The Supreme Court has clarified the law on implied terms: in order for a term to be implied it must be necessary for business efficacy or… The UK Modern Slavery Act and Supply Chain Responsibility Fenwick & West LLP In October 2015, the UK Modern Slavery Act (MSA) became effective, which requires all companies doing business in the UK with worldwide turnover of… Developing key clients Elephant Creative If you’ve been following this series along, by now, you’ve started work on assessing your existing clients. It will be a dispassionate, scientific… Competition & Antitrust The ship that hadn't sailedLitigation Dentons In December 2015, the Supreme Court confirmed that the Competition and Markets Authority (CMA) has jurisdiction to apply merger control to certain… UK Competition Authority Approves BT Acquisition of Everything Everywhere Paul, Weiss, Rifkind, Wharton & Garrison LLP BT Group’s proposed acquisition of Everything Everywhere (EE) was cleared last Friday by the United Kingdom (UK) Competition and Markets Authority… Corporate Finance/M&A FCA consults on CASS for crowdfunding platforms Cummings Law Ltd The FCA is consulting on the segregation of client money by firms that operate loan-based crowdfunding platforms (CP16/4). The FCA is proposing rules… Employee Benefits & Pensions Do employers have a duty to tell employees about pension tax rules?Litigation Macfarlanes LLP It has long been established that employers must inform employees about the pension benefits that are available to them under applicable pension… HR implications of the new tapered annual allowance Eversheds LLP From 6 April 2016, the pensions annual allowance will be reduced for many individuals with taxable income (which includes employer and employee… Employment & Labor Exclusivity Terms in Zero Hour Contracts Clyde & Co LLP Following on from our update in May 2015 advising that exclusivity clauses in zero hours contracts had become unlawful, new anti-avoidance… Rules on Monitoring an Employee’s Internet Use: a new ECHR decisionLitigation Bryan Cave LLP In a decision rendered last January 12, 2016, the European Court of Human Rights ("ECHR") held that the dismissal of an employee for having used his… E-cigarettes in the workplace - no smoke without fire Shoosmiths LLP The charity, Action on Smoking and Health, estimates that 1.3 million people are currently using electronic cigarettes (also known as e-cigarettes)… Energy & Natural Resources New regulations will oblige owners of buildings in Scotland to improve or report on energy efficiency of buildingsScotland DLA Piper LLP Section 63 of the Climate Change (Scotland) Act 2009 provides for regulations to be made for: the assessment of the energy performance of existing… Update on Marine Conservation Zones Bond Dickinson LLP In September last year we considered Marine Conservation Zones (MCZs) in detail, including where Defra had got to in the process for designating… IT & Data Protection HSFB report on first cyber-attack simulation for hedge funds Cummings Law Ltd The Hedge Fund Standards Board has published its findings from its first table top cyber-attack simulation for hedge fund managers in London. The aim… Tech entrepreneurs take on prime minister on immigration policy Magrath LLP The government's policy of reducing net migration to the tens of thousands continues to attract fierce debate among stakeholders. In a recent… Legal Practice Herbert Smith Freehills Singapore hosts round table discussion on “preserving privilege: practical issues in the context of disputes and investigations”LitigationBlog Herbert Smith Freehills LLP On Wednesday 13 January 2016, a cross section of our clients based in Singapore joined our Disputes and Corporate Crime & Investigations teams and… Ghana Africa & Middle East Intellectual Property Ghana launches a National Intellectual Property Policy Ntrakwah & Company On 21st January 2016, Ghana launched its National Intellectual Property Policy and strategy (NIPPS). The vision is for Ghana to be amongst the… Iran Africa & Middle East Energy & Natural Resources Iran - an Opportunity, but not without Risk CMS Sanctions were first imposed by the US in 1979, supplemented by various additional layers of restrictions by the EU and UN through the 1990s and… IT & Data Protection House to Vote on an Iran-Sanctions Bill and a Measure to Electrify Africa; Some Congressional Hearings to Focus on Countering ISIL and the U.S. Strategy for Syria and Iraq Squire Patton Boggs The Senate was in session last week, while the House of Representatives remained in recess in observance of the Martin Luther King holiday. On 16… Israel Africa & Middle East Corporate Finance/M&A Expanding the Definition of Eligible Investor Herzog Fox & Neeman In light of recent developments regarding private equity funds in Israel, motivated by the challenges faced by companies as well as market needs, the… Employment & Labor Managing the employment relationship in IsraelNavigator Barnea & Co A structured guide to country specific laws, misclassification, contracts and foreign workers in Israel Intellectual Property Nespresso suing Espresso Club for using George Clooney lookalike advertLitigation Barnea & Co Adv. Zohar Lande, head of the Litigation practice at Barnea & Co., alongside with Adv. Itay Hatam and Adv. Gilli Cohen-Arazi from Barnea’s litigation… IT & Data Protection 10 Privacy and Data Security Mistakes Start-Ups Should Avoid Greenberg Traurig LLP With a staggering amount of startups starting their way in Israel every year, it is no wonder the country's most common nickname is "Startup Nation"… Open Source Software: Still Risky after all these Years Herzog Fox & Neeman Open source software, which not so long ago used to cause IP lawyers major concern and sometimes even minor hysterics, and which is still a… Israel Postpones Possibility of Any U.S.-EU Safe Harbor Enforcement Hunton & Williams LLP On January 21, 2016, the Israeli Law, Information and Technology Authority ("ILITA") announced that it would postpone for the time being any review… South Africa Africa & Middle East Employment & Labor Think twice before you tweet Litigation Cliffe Dekker Hofmeyr South Africa has walked into a veritable social media storm in the early parts of the year, with employers increasingly being placed in the difficult… Energy & Natural Resources Projects and Energy Weekly Snippets - 22 January 2016 Hogan Lovells Eskom envisages a bigger role for itself in the nascent renewable energy industry in SA, according to Ayanda Nakedi, senior GM at Eskom’s renewables… Tax Exemption from STT for collateral ENSafrica For years, the South African securities lending industry has been lobbying for an exemption from securities transfer tax ("STT") for the outright… Syria Africa & Middle East IT & Data Protection House to Vote on an Iran-Sanctions Bill and a Measure to Electrify Africa; Some Congressional Hearings to Focus on Countering ISIL and the U.S. Strategy for Syria and Iraq Squire Patton Boggs The Senate was in session last week, while the House of Representatives remained in recess in observance of the Martin Luther King holiday. On 16… Other top stories Employee Stock Plans: Year-End 2015 International Reporting Requirements Across the ditch - resignations from director/officer roles in response to new WHS laws Is an owner able to terminate a lease when a tenant has entered into a Deed of Company Arrangement (DOCA)? Unfair dismissal - a reminder for employers Slow paying builders causing cash flow problems after Christmas?The Security of Payment Act is here to help What if your sham contractor overpays? Talking Tax - Issue 20 ‘Sleeping’ Australian Director of a NZ subsidiary? Time to wake up and smell the potential liability… Proposed Mandatory Data Breach Notification Scheme: An Overview New Federal Court Insurance List Event notice Cloud Contracts to Minimize Risk Scott & Scott, LLPWebinar, 27 January 2016 IPBC Global 2016 IAM Barcelona, Spain, 5 - 7 June 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