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Supreme Court Ruling Reigns in Patent Infringement Forum Shopping
Haynes and Boone, LLP, May 2017

On Monday, the U.S. Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (May 22, 2017) unanimously overruled a longstanding Federal Circuit decision that allowed patent infringement suits to be filed nearly anywhere, even in venues where accused infringers sold no more than a few allegedly infringing products...

From Middle Kingdom To Centre of The Universe
TSMP Law Corporation, May 2017

"WHAT BELT AND ROAD SNUB MEANS FOR SINGAPORE’S TIES WITH CHINA" Thus the headline from the South China Morning Post (SCMP) on 18 May 2017.China had concluded its Belt and Road Forum, to which 29 other heads of government were invited. Only 3 from 10-member ASEAN were excluded: Singapore, Thailand and Brunei. Even smaller nations, with less-established diplomatic ties to Beijing, sent their heads of government...

Is the One Year Time Bar for Filing an IPR Subject to Appellate Review?
Haynes and Boone, LLP, May 2017

On May 4, 2017, the en banc Federal Circuit heard oral arguments in Wi-Fi One, LLC v. Broadcom Corp., Appeal 2015-1944 (Fed. Cir. Sept. 16, 2016) to consider whether the findings of the Patent Trial & Appeals Board (“PTAB”) regarding 35 U.S.C. § 315(b), which governs the timeliness of filing a petition for inter partes review (“IPR”), are subject to judicial review on appeal...

A "Wealth Tax" for South Africa?
ENSafrica, May 2017

 The Davis Tax Committee (“DTC”) issued a media statement on 25 April 2017, calling for written submissions on the introduction of a possible wealth tax in South Africa. This proposal comes two months after an increase in the top income tax bracket for individuals by 4% to 45%, resulting in an effective capital gains tax (“CGT”) rate for individuals of 18%. This should be seen on the back of the increase the CGT rate by nearly 5% from 13...

Extreme Vetting For Visa Applicants
Haynes and Boone, LLP, May 2017

On May 4, 2017, the Department of State (“DOS”) published in the Federal Register a Notice to implement the presidential initiative for extreme vetting of visa applicants. Emergency review of the DOS proposal has been requested from the Office of Management and Budget (“OMB”). The DOS has requested approval by May 18, 2017. If granted, the emergency approval would be valid for 180 days, although permanent approval could still be sought...

Africa Tax in Brief
ENSafrica, May 2017

  BENIN: Public Procurement Holders to Benefit from a Tax Regime Derogating from Indirect Taxation The 2017 budget law introduced a derogatory tax regime from which certain public procurement holders may benefit by the Benin tax authorities, assuming indirect taxation. This includes customs duties, internal taxes on turnover (mainly value-added tax ("VAT"¯)) on prices and values of goods and supplies acquired or incorporated into the realisation of the contract...

12 Keys to Compliance for Participants in Commodity Markets
Haynes and Boone, LLP, May 2017

In this article we outline 12 key elements that are critical components of a rock-solid compliance program for participants in commodity markets. We start with creating a “culture of regulatory compliance,” which pervades a company from top to bottom, and then work our way through day-to-day policies and steps you can take to minimize your company’s risk of non-compliance...

Increase of Provisional Tax Estimates by SARS
ENSafrica, May 2017

  In terms of paragraph 19(1)(b) of the Fourth Schedule to the Income Tax Act, 5, 1962 (the "Fourth Schedule"¯), every company that is a provisional taxpayer shall, during every period within which provisional tax is or may be payable by it as provided in terms of the Fourth Schedule, submit to the Commissioner of the South African Revenue Service ("SARS", a return of an estimate of the total taxable income which will be derived by the company in respect of the year of assessment i

Practical M&A Guide
Wardynski & Partners, May 2017

An overview of mergers and acquisitions in Poland. The process, structure and parties to M&A deals, legal restrictions and tax aspects, discussed clearly and accessibly. What to bear in mind, and what details require special focus.   The M&A practice at Wardynski & Partners has prepared a guide to mergers and acquisitions in Poland. In less than 60 pages, we highlight the issues vital to the success of the deal...

Legitimate Business Objective Trumps Deemed Employment
ENSafrica, May 2017

A recent South African Commission for Conciliation, Mediation and Arbitration (“CCMA”) ruling has provided clarity on issues of deemed employment in circumstances where multiple contractors are used. The matter before the CCMA involved Shoprite, one of the largest food retailers in Africa. In order to provide its approximately 2,000 stores with stock in an efficient manner, Shoprite established seven distribution centres (“DCs”) in South Africa...

Class War In Singapore
TSMP Law Corporation, May 2017

The Battleground On one side of the battlefield, positioned on the lofty heights of moral superiority, the asset managers (and academics) lob propaganda leaflets pointing out their greater firepower in the form of smug principle and the dollar value of their total assets under management. Their opponents are a motley crew. There are the Startup Upstarts, whose uniform is expensive sneakers and untidy man-buns...

Labour Court Reaffirms That Strikes Over Issues Regulated By Collective Agreements Are Unprotected
ENSafrica, May 2017

On the morning of 26 April 2017, the usual rumble of South African Airways (“SAA”) flights taking to the skies was interrupted by a strike by cabin crew employees, organised by their trade union, the South African Cabin Crew Association (“SACCA”). Due to strict civil aviation regulations, the strike resulted in a significant number of flights being cancelled, which, in turn, caused massive inconvenience for passengers...

Croatian Competition Agency Found No Abuse Of Dominant Position By An Authorised Dealer Of Land Rover And Jaguar Cars
Karanovic & Nikolic, May 2017

The Croatian Competition Agency (the "Agency") initiated proceedings against Grand Auto – an authorised dealer of Land Rover and Jaguar cars for Croatia, after an initiative by the Auto Dealership "Karlo", a former authorised repairer of the said cars for Croatia...

Urban Development Zone Allowances Under The Income Tax Act
ENSafrica, May 2017

  In line with international models, South Africa has attempted to incentivize investment into the development and renewal of certain urban areas. One of these incentives is the accelerated tax depreciation allowance, introduced in 2003 by section 13quat of the Income Tax Act, 1962 and is commonly referred to as the Urban Development Zone ("UDZ") allowance...

Risk Management
Hamilton Harrison & Mathews, May 2017

  With the ever increasing pace of business and life and the ever increasing pressure to generate profit and cut expense there is a risk of neglecting the procedures and practices which are essential to protecting our businesses and our selves from claims and losses. Most business transactions do not end up in disputes or litigation, but unfortunately some do - and we do not know at the outset of a transaction whether it is one of the few that will end up as a dispute...

A Costly Mistake for Failing to Protect an Employee Against Sexual Harassment
ENSafrica, May 2017

  The Labour Appeal Court ("LAC") judgment in Liberty Group Limited v MM is a reminder to employers to be vigilant when dealing with allegations of sexual harassment in the workplace and to ensure that managers are equipped to deal with reports of sexual harassment. A failure to do so can be a costly mistake, as the employer in this decision learnt...

New Guidance Establishes June 9 Effective Date for Fiduciary Rule, but also Raises Uncertainty as the DOL Continues to Review the Rule
Lowenstein Sandler LLP, May 2017

In the continuing saga of the Fiduciary Rule, the U.S. Department of Labor (“DOL”) issued a final regulation setting June 9 as the new effective date of the Fiduciary Rule. However, the DOL granted relief from certain requirements until January 1, 2018, and also added uncertainty as it continues to review the Fiduciary Rule in the interim...

Copyright News: Good and Bad
ENSafrica, May 2017

 Two recent developments, one positive and one negative, highlight some of the serious issues that face copyright. The positive development is that UK courts have again shown that they are prepared to deal decisively with difficult copyright issues posed by the electronic age...

Puerto Rico Files for Bankruptcy: New York Judge to Hear Case
Patterson Belknap Webb & Tyler LLP, May 2017

On May 3, 2017, the Financial Oversight and Management Board for Puerto Rico filed a voluntary petition for relief on behalf of Puerto Rico in federal court there.  The filing required the Chief Justice of the United States to designate a district court judge to conduct the case.  On May 5, Chief Justice Roberts appointed District Judge Laura Taylor Swain of the Southern District of New York...

Plain Packaging: The Negative Nature of Trade Mark Rights
ENSafrica, May 2017

Recent developments in the UK regarding plain-packaging requirements for cigarettes have again shone the spotlight on this contentious issue. A while back, we reported on developments in Australia, where the country’s Tobacco Plain Packaging Act, 2011 requires tobacco companies to sell their products in identical olive green packs, with graphic images reflecting the possible health consequences of smoking, and the brand name (sans logo) in very small script...

The Subscription Line is Fine
Haynes and Boone, LLP, May 2017

A May 1 article in the Financial Times caused some raised eyebrows in the fund finance market by implying that subscription line facilities create substantial risks to banks and investors. The article references a memoon Oaktree Capital’s website by Howard Marks, Oaktree’s co-chairman and founder, in which he discusses some of the perceived costs and risks associated with such facilities. If readers dig into the memo, they will find that Mr...

A BrewDog's Breakfast
ENSafrica, May 2017

The recent storm in the UK about Scottish craft brewing company BrewDog’s decision to invoke its trade mark rights against much smaller rivals highlights the difficulties and negative repercussions that can arise when it comes to enforcing trade mark rights. BrewDog has been extraordinarily successful...

Fisker Decision Further Demonstrates that Section 510(b) Subordination of Investor Claims Is Not Absolute
Lowenstein Sandler LLP, May 2017

When a company files for bankruptcy protection, it is often the case that insufficient value is realized to satisfy all claims against the company. Because the creditors of a bankrupt company generally must be paid in full before its equity holders recover at all, shareholders typically receive no distribution on account of their equity interests in the bankrupt company...

Patents: What Does "Between" Mean?
ENSafrica, May 2017

It seems absurd that South Africa’s Supreme Court of Appeal (“SCA”) should be called on to decide what the word “between” means. But that’s exactly what happened in the recent patent case of Orica Mining Services v Elbroc Mining Products. In the process, the SCA very clearly opted for a purposive interpretation of patent claims. The two parties involved, Orica and Elbroc, supply goods to the mining industry...

A Question of the Past: How Much Did You Make at Your Last Job?...
Lowenstein Sandler LLP, May 2017

Joining the trend that began in Massachusetts and has spread to Philadelphia, New Orleans, and Puerto Rico, New York City is the next city to restrict employers from inquiring, at any stage of the hiring process, about a job applicant’s salary history. Proponents of these laws claim they will foster gender pay equity and narrow the pay gap between the sexes; critics assert that such laws violate free speech...

And The Oscar Goes To ... The Trade Marks Office
ENSafrica, May 2017

  In 2014, a South African court convicted Paralympian Oscar Pistorius of culpable homicide (manslaughter), following the shooting of his girlfriend Reeva Steenkamp, and he was given a custodial sentence of five years. The conviction was later replaced with one of murder and his sentence increased to six years imprisonment...

GIG – The Shadow Economy That's Taking Over The World
TSMP Law Corporation, May 2017

The Gig EconomySo you work in the CBD. Here’s your day: You book a Grab car to get to work; as you leave the apartment, the dog walker shows up to take your beagle for a run and a bath. You’re rushing a presentation for a new client and chow down a sandwich at your desk, brought to your office by foodpanda. The client, a tech entrepreneur who's started an online sales portal, calls to ask you to meet at Starbucks because he needs a chai macha latte...

South African Supreme Court of Appeal Sends Prescription Defence Packing
ENSafrica, May 2017

  Once legal proceedings relating to a debt have started, does the subsequent substitution of one of the parties affect the prescription period for the debt? This was the crux of the recent Supreme Court of Appeal ("SCA") case of Sentrachem Limited v Terreblanche. A substitution occurs when a party to legal proceedings is replaced by another party, with no effect on the cause of action...

Singapore's Deep Dive Into Disruption
TSMP Law Corporation, May 2017

Disruption. Possibly the most overused word in today's global lexicon, it refers to the upheaval that is created when a new business (these days, usually founded by a smart alec entrepreneur) uproots an established method of delivering a product or service. Think Spotify, a music-streaming business that has sounded the death knell of CDs. It has, as its most vocal opponent, pop star Taylor Swift, who felt that it did not adequately value her art...

Centre for Amicable Settlement of Disputes No Longer has Jurisdiction When a Bank is Party to Dispute
Afridi & Angell, May 2017

The Centre for Amicable Settlement of Disputes (the “Centre”) was established by Dubai Law No. 16 of 2009 and is entrusted with the task of attempting to mediate disputes, prior to such disputes being referred to court. The Centre is affiliated with the Dubai Courts and the mediators appointed in the Centre act under the supervision of a judge. If the parties reach a settlement, such a settlement must be recorded in writing, signed by the parties and attested by a judge...

In the Eye of the Cyclone: EnerDry's Patent of Steam Drying Successfully Enforced
Heuking Kuhn Luer Wojtek, April 2017

  EnerDry holds numerous patents based on inventions by its founder and CEO Arne Sloth Jensen, including European Patent EP 1 070 223 B1. This patent relates to steam dryers with a specific type of cyclone, which substantially improves the capacity and efficiency of steam dryers...

New Decree on Mortgaging Granted Lands in Dubai
Afridi & Angell, April 2017

  On 11 January 2017, Dubai Decree No. 31/2016 On Mortgaging Granted Lands in Dubai was issued (Decree). The Decree permits the holder of “granted land  to mortgage such land subject to certain conditions. It is expected that the Decree will stimulate growth in Dubai by enabling developers, who hold granted land, to obtain finance for their projects by mortgaging the granted land...

The Biologics Tango: Reading Tea Leaves on the Patent Dance and Pre-Marketing Notice Requirements
Haynes and Boone, LLP, April 2017

On Wednesday, April 26, 2017, the Supreme Court heard oral argument in Sandoz Inc. v. Amgen Inc. et al., a landmark case that many hope will provide clarity and guidance for consumers and the pharmaceutical industry on the regulatory approval pathway for biosimilar drugs under the Biologics Price Competition and Innovation Act of 2009 (“BPCIA” or “Biosimilars Act”)...

FAS Russia Proposed to Exempt from Inspections such Companies that have Effective Antimonopoly Compliance Systems
ALRUD Law Firm, April 2017

  Dear Ladies and Gentlemen, We would like to inform you that the Federal Antimonopoly Service (hereinafter - "FAS Russia") proposes to exempt from inspections such companies that have effective antimonopoly compliance systems. FAS Russia also intends to implement a risk-oriented approach and develops criteria for the companies to be included in the list of scheduled inspections. According to the Deputy Head of FAS Russia Mr...

Texas Supreme Court Clarifies Damages Recoverable for Violations of the Texas Insurance Code
Haynes and Boone, LLP, April 2017

The Texas Supreme Court recently held that policy benefits can constitute actual damages for violations of the Texas Insurance Code, clearing up confusion over the damages recoverable for statutory "bad-faith." The Problem Since 1998, Texas policyholders and insurers have faced uncertainty regarding the damages recoverable when an insurer engages in “unfair or deceptive acts or practices” as set forth in Chapter 541 of the Texas Insurance Code. Section 541...

The Slovenian Response To The Agrokor Crisis - "Lex Mercator"
Karanovic & Nikolic, April 2017

The turmoil within the Croatian retail company Agrokor, which owns Mercator, the largest Slovenian retailer, caused a significant stir in the Slovenian public, with the suppliers and especially in politics...

H-1B Visa Program Under Government Scrutiny
Haynes and Boone, LLP, April 2017

The current Presidential Administration has not exempted work visas from its immigration initiatives and focus. On April 18, 2017, President Trump signed an Executive Order designed to protect American jobs (“Hire American”) and products and goods manufactured in the United States (“Buy American”)...

The Office of the Prosecutor General of the RF proposed Exemption from Administrative Liability Organizations Reporting on Corruption Offenses and Seizure of Property as New Preventive Measures
ALRUD Law Firm, April 2017

  Dear Ladies and Gentlemen, We would like to inform you that the Office of the Prosecutor General of the Russian Federation (hereinafter - the "Prosecutor General Office") has prepared a number of amendments and suggestions in the field of counteracting corruption offences. Suggestions have been prepared pursuant to the instruction given by the Presidium of the Presidential Council for countering corruption...

Companies Law Compliance
Afridi & Angell, April 2017

The new Commercial Companies Law was enacted as Federal Law No. 2 of 2015. It gave existing companies until 1 July 2016 to achieve compliance with its terms. Article 374 provides that a further one-year extension could be granted by Resolution of the Cabinet, and such an extension was in fact granted. Article 374 also provides that a company that fails to achieve compliance shall be deemed dissolved...

An Overview of The Employment and Labour Relations Court (Procedure) Rules, 2016.
Hamilton Harrison & Mathews, April 2017

“All the rules of procedure are handmaids of justice. The language employed by the draftsmen of processual law may be liberal or stringent, but the fact remains that the object of prescribing procedure is to advance the cause of justice” These are the words of Dr. Arijit Pasayat and Mukundakam Sharma, Judges of the Supreme Court of India, in Civil Appeal No...

IFLR: “Philippines: Acquiring Insurance Brokers”
SyCip Salazar Hernandez & Gatmaitan, April 2017

The April issue of the International Financial Law Review(IFLR) includes an international briefing article by SyCipLaw partner HiyasminH. Lapitan entitled “Philippines: Acquiring Insurance Brokers”. The article discusses the new requirement by the Philippine Insurance Commission(IC) for advance approval to acquire a stake in a Philippine corporation that is licensed as an insurance broker or reinsurance broker...

Antitrust Fine Imposed On Producers Of Cooking Oil In Serbia
Karanovic & Nikolic, April 2017

Competition authority imposes fines on ViktoriaOil and Vital, the leading producers of cooking oil in Serbia. The authority stated in its decision that the two companies entered into a joint production agreement that featured restrictive provisions. In particular, the authority claims that the provisions effected the exchange of information and joint production and sales in a way that led to increased prices to end consumers...

Africa Tax in Brief
ENSafrica, April 2017

ANGOLA: Budget Law, 2017 details publishedOn 10 February 2017, the provisions of Budget Law, 2017, enacted on 31 December 2016, were published. In terms of the Budget Law, 2017 the 10% withholding tax on technical services and management fees paid to non-residents for the provision of foreign technical assistance or management services (Contribuição Especial sobre as Operações Cambiais de Invisíveis Correntes), which was introduced by Law No...

New York's Cybersecurity Regulations for Financial Institutions & Health Care
Patterson Belknap Webb & Tyler LLP, April 2017

Patterson Belknap Webb & Tyler LLP recently authored the mini-treatise, “New York’s Cybersecurity Regulation for Financial Institutions, A New Age of Cybersecurity Regulation: Raising the Bar and Demanding Leadership Accountability”...

Be Distinct
ENSafrica, April 2017

Persuading clients to adopt distinctive trade marks is no easy task...

SyCipLaw Tax Bulletin: Philippine BIR Rules on Proper Tax Treatment of Passed-on Gross Receipts Tax
SyCip Salazar Hernandez & Gatmaitan, April 2017

On June 13, 2016, the then Commissioner of Internal Revenue issued Revenue Memorandum Circular No. 62-2016 purporting to clarify the proper tax treatment of percentage tax or gross receipts tax (GRT) due on transactions covered by Sections 1211 and 1222 of the Tax Code which are shifted through contractual stipulations to borrowers/customers/clients(“passed-on” GRT)...

Can An Employer Be Forced to Take Disciplinary Action to Make the Workplace Safe?
ENSafrica, April 2017

An employer has the duty to provide employees with safe working conditions, as far as is reasonably practicable. This includes providing a reasonably safe workplace...

Differentiation of Offences for Anticompetitive Agreements
ALRUD Law Firm, April 2017

On April 17, 2017 the President of the Russian Federation signed a draft law setting a differentiation of penalties for conclusion of anticompetitive agreements. The draft law will come into force on April 28, 2017. The draft law provides different administrative fines for conclusion of different types of anticompetitive agreements depending on degree of social danger: as the social danger of the anticompetitive agreement decreases, the administrative penalty will be reduced...

Getting the Basics Right
ENSafrica, April 2017

The recent South African Supreme Court of Appeal (“SCA”) decision of Herbal Zone v Infitech Technologies doesn’t contain ground-breaking law. However, the SCA’s passing-off judgments are rare, so it is a case worth discussing. The lessons to be learnt from this decision are that it’s important to get the basics right – make sure that a trade mark is registered and ensure that there is a clear agreement between the trade mark owner and the distributor...

Updates and Highlights in the Mexican Energy Sector, March 2017
Haynes and Boone, LLP, April 2017

As part of the implementation of the Mexican Energy Reform of 2013, several new regulations and administrative guidelines affecting the hydrocarbons and power industries were issued during March 2017. These are of particular importance to oil and gas producers, power generators and others looking to invest or expand operations in Mexico’s dynamic energy sector. I. Hydrocarbons March 6, 2017.Ayín-Batsil Farmout...

 

 

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