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The New Act to Prohibit and Prevent Genetic Discrimination
Lavery, de Billy, July 2017

In recent months, the Senate passed the Act to prohibit and prevent genetic discrimination (Genetic Non-Discrimination Act). This Act also amended the Canada Labour Code and the Canadian Human Rights Act. The new Act aims to regulate the use of genetic tests, namely, tests that analyze the DNA1, RNA2 or chromosomes of a person for predictive or monitoring purposes or for establishing a diagnosis or prognosis, mainly within a contractual framework...

Supreme Decree N° 2954 on Integral Waste Management
C.R. & F. Rojas Abogados, July 2017

Congress approved Supreme Decree Nº 2954, on Integral Waste Management (the “Regulation”) within the framework of article 344 of the Constitution, which provides that the State shall regulate the internment, production, commercialization and use of techniques, methods, input materials and substances that affect health and the environment...

Suspension and/or Blocking for the Access to Forest Origin Document - FOD Module
Veirano Advogados, July 2017

The Federal Environmental Agency (“IBAMA”) published Ordinance No. 01/2017, which provides for the improvement and unification of the procedures of suspension and/or blocking of the access to the Forest Origin Document (“FOD”) module.  FOD is an instrument of the National Control System of the Origin of Forest Products (“SINAFLOR”) for the control of transportation and storage of forest products.  In this sense, Ordinance No...

Lao PDR : Challenges and Opportunities for Solar Power Development
DFDL, July 2017

 The hydropower ambitions of the Lao PDR are well known. The aspiring “battery of Asia”, the Lao PDR has proven successful at attracting and maintaining hydropower investment in recent years...

Australian Life Sciences and Biotech - Key Themes and Trends
MinterEllison, July 2017

The Australian life sciences and biotech sector is likely to continue its resurgence over the next twelve months, with global trends driving strong M&A activity in life sciences and biotech M&A. We have identified 6 key themes for activity in this sector.   Opportunities and Challenges – 6 Key Themes Three Key Opportunities 1...

Supreme Court Holds that Securities Act Statute of Repose is not Subject to Equitable Tolling
Haynes and Boone, LLP, July 2017

On June 26, 2017, the Supreme Court held in California Public Employees’ Retirement System v. ANZ Securities, Inc., that the three-year time limit in the Securities Act of 1933 is a statute of repose that is not subject to equitable tolling. This means that shareholders will not be able to rely on the filing of a proposed class action lawsuit to suspend the running of a statute of repose on their individual claims...

Paternity Leave for Employees and Public Servants (Panama)
Morgan & Morgan, July 2017

On May 24, 2017, Act 27 of May 23rd, 2017 was published in the Official Gazette No. 28285-B of May 24th, 2017, which establishes the Paternity Leave, applicable both to employees of private sector, as well as to public servants, effective since May 25th, 2017.This Act, whose initiative was promoted by the Ministry of Labor, is based on the duty of the Panamanian state to protect the family, sacred in our Constitution...

Making The Most Of Leaner Times: A Contractor’s Guide to Common English Law Issues
Haynes and Boone, LLP, July 2017

Contractors who are managing to continue to operate in the offshore oil and gas sector have had some time to adjust their business models and modes of operation to the new commercial realities resulting from the lower oil price. However, the radically different economic circumstances of recent years continue to manifest themselves in challenging commercial scenarios quite unlike those experienced in the better times when the oil price was significantly higher...

Australian Food and Agribusiness 2017
MinterEllison, July 2017

 2017 is a year of opportunity and challenge for the Australian food and agribusiness sector. We anticipate an uplift in food and agribusiness M&A activity, and have identified 6 key themes that are likely to play out in the remainder of 2017. Opportunities and Challenges – 6 key themes Three Key Opportunities 1...

Aid Schemes for Research, Development and Innovation – Reform Entered into Force
Arendt & Medernach, July 2017

On 2nd June, the Grand-Duchy of Luxembourg published the new law on the renewal of aid schemes for research, development and innovation (hereafter, the “RDI”) and on the missions of the national Agency for the promotion of innovation and research. This law amends the Law of 5 June 2009 on the promotion of research, development and innovation.This reformed law aims at exploiting in Luxembourg all the potential offered by the EU rules related to State aid to RDI...

Israeli District Court Accepts the ITA Position and Sets New Acquisition Price for Tax Purposes Between Related Parties
Fischer Behar Chen Well Orion & Co., July 2017

We write to inform you about a precedent-setting ruling by a District Court in Israel in a case between Gteko, a subsidiary of Microsoft Corporation, and the Israel Tax Authority ("ITA") regarding a transaction for the sale and purchase of intellectual property assets and its valuation.In 2006, Microsoft acquired the entire share capital of Gteko for $90 million (pursuant to a "Share Agreement")...

New Procurement Rules for Argentina's Federal Public Administration
Estudio Beccar Varela, July 2017

The purpose of this article is to highlight the principal changes to the rules and procedures governing national public procurements in Argentina, introduced by Decree 1030/2016. The new Regulation does not introduce substantial changes to its predecessor, although it does include some relevant modifications.   Introduction In September 2016, the government of Argentina modified some of the rules and procedures governing national public procurement...

On the Procedure of Creation and Activity of the Representative Offices of Foreign Companies and Organizations on the Territory of the Republic of Belarus
VMP Vlasova Mikhel & Partners, July 2017

The Procedure of Creation The key legal acts governing the procedure on opening and functioning of representative offices of foreign organizations (hereinafter – the “RO”) on the territory of the Republic of Belarus are Article 51-1 of the Civil Code of the Republic of Belarus (entered into force by the Law No. 7-3 dated 03.05...

Employee's claim for adjustment was statute-barred
Plesner, June 2017

Following an industrial arbitration award in 2012, a teacher in an educational institution became aware that, for a long time, he had been subject to a wrong collective agreement and had therefore not received enough salary. Against this background, a dispute arose regarding, inter alia, adjustment of salary, overtime pay, holiday pay and pension contribution for the period 1 October 2007 - February 2009. Judgment of 30 May 2017 from the Danish Eastern High Court...

PRIIPs KID: A further piece to the puzzle
Arendt & Medernach, June 2017

The European Parliament and the Council of the EU have issued statements of non-objection to the revised draft RTS under the PRIIPs Regulation which were endorsed last month by the European Commission. Finally, the long-awaited level 2 measures have been agreed on and further guidance on level 3 as well as level 4 by the ESAs and the European Commission is expected in the near future...

Latest Development on BOEM’s Program for Financial Assurance Under NTL 2016-N01
Haynes and Boone, LLP, June 2017

On June 22, 2017, BOEM announced that, in light of the recent order of the Secretary of the Interior concerning its recent NTL 2016-N01 establishing a new program for financial assurance for decommissioning liabilities on the Outer Continental Shelf (OCS), it will extend the NTL implementation timeline beyond June 30, except in circumstances where there is a substantial risk of nonperformance of the interest holder’s decommissioning liabilities...

Favoring Slovenian Origin is Contrary to EU Law
Karanovic & Nikolic, June 2017

On the 8th of June, 2017, the Court of Justice of the European Union (CJEU) reached an important decision in the case Medisanus d.o.o. v General Hospital Murska Sobota (C-296/15) concerning public procurement procedures...

Federal Court Preliminarily Enjoins California Law that Prohibits Reporting Actors' Ages
Haynes and Boone, LLP, June 2017

California Assembly Bill 1687 (“AB 1687”) requires certain entertainment websites to remove a paid subscriber’s date of birth or age information upon request. This law applies to IMDb, the world’s largest online database of information about the entertainment industry...

Africa tax in brief
ENSafrica, June 2017

  ANGOLA: Working group for negotiation of investment protection agreements and tax treaties created   The Ministry of Economics and Finances and the Ministry of Foreign Affairs issued Joint Order No.205/17 on 27 April 2017, creating a technical working group to coordinate the negotiation of investment protection and double tax agreements. The working group will be responsible for guiding negotiations and reporting to relevant ministers...

The Supreme Court Resolves Key Sections of the Biosimilars Act in Sandoz v. Amgen
Haynes and Boone, LLP, June 2017

In recent months, in a unanimous decision authored by Justice Thomas, the Supreme Court issued its much-awaited decision in Sandoz Inc. v. Amgen Inc. et al., No 15-1039, considering two critical questions in the biosimilar approval mechanisms adopted in the Biologics Price Competition and Innovation Act of 2009 (“BPCIA” or “Biosimilars Act”)...

Concluding financial transactions with South African public entities: the legal considerations
ENSafrica, June 2017

  Following South Africa’s sovereign credit rating downgrade by ratings agencies Standard & Poor’s, Fitch and, on 9 June 2017, Moody’s, as well as developments in political circles around allegations of “state capture”, relations between private business and the country’s public entities have become a hot topic...

Global Arbitration Review: Offshore Vessel Construction Disputes
Haynes and Boone, LLP, June 2017

Haynes and Boone CDG is proud to feature a chapter in the Second Edition of Global Arbitration Review’s (GAR) Guide to Energy Arbitrations. The Guide to Energy Arbitrations is a widely regarded reference tool for energy companies, their advisers and arbitrators...

Employees' Tax Withholding Obligations in Respect of Share Incentive Arrangements
ENSafrica, June 2017

  In terms of paragraph 2(1) of the Fourth Schedule to the Income Tax Act, 1962 (the “Act”), every employer, who is a resident of South Africa, or representative employer in the case of any employer who is not a resident, (whether or not registered as an employer under paragraph 15) who pays or is liable to pay any amount by way of remuneration to any employee shall, unless the Commissioner for the South African Revenue Service (“SARS”) has granted authority

Portland Rockers Score a Winning Touchdown for the Redskins in Supreme Court Trademark Dispute
Haynes and Boone, LLP, June 2017

On Monday, the Supreme Court issued its decision in Matal v. Tam,1 a high-profile dispute implicating NFL football, Portland dance-rock, and the Lanham Act’s disparagement clause. In its eagerly anticipated decision, the Court, voting 8-0, struck down the Lanham Act’s prohibition on disparaging trademarks as facially unconstitutional under the First Amendment...

Expectations of permanent employment
ENSafrica, June 2017

  The use of fixed-term employment contracts has been the subject of contention for many years. Opponents to their use have argued that because these contracts terminate automatically after the period of time for which they have been entered into, they can be used to avoid liability for unfair dismissal...

Novelties in regulation of overtime and part-time work in Russia
ALRUD Law Firm, June 2017

Novelties in regulation of overtime and part-time work in Russia June21, 2017 Dear colleagues, New Law No. 125-FZ amending regulation of overtime and part-time work was signed by the Russian President on June 18, 2017 (hereinafter – the “Law”). The Law will come into force on June 29, 2017. We highlight below the most important novelties introduced by the Law...

It’s time to sort through the “junk” in your debt documents
ENSafrica, June 2017

  Following downgrades by ratings agencies Standard & Poor’s (“S&P”) and Fitch in April 2017, Moody’s cut South Africa’s foreign and local-currency ratings to investment grade Baa3 with a negative outlook on Friday, 9 June 2017...

Trump Administration Announces New Cuba Policy Reversing Some Obama Administration Measures
Haynes and Boone, LLP, June 2017

On June 17, the Trump Administration announced a new policy on Cuba, partially reversing certain of the market-opening measures that had been adopted by the Obama Administration during its final two years...

Refunds subject to set-off under the Tax Administration Act
ENSafrica, June 2017

  In order to create a more uniform system for the administration of taxes in South Africa, section 191 of the Tax Administration Act, 2011 (the “TAA”) has effectively replaced various refund and set-off provisions which appeared in respective tax acts. Section 191 of the TAA now provides that all tax debts that are due must be set-off against refunds, including the interest thereon, due by the South African Revenue Service (“SARS”) to that taxpayer...

New Tax Circular Regarding Taxation of Holdback Payments and of the Reverse Vesting Mechanism in the Context of Mergers & Acquisitions
Fischer Behar Chen Well Orion & Co., June 2017

The Israeli Tax Authority (the "ITA") has recently published a tax circular (the "Circular") on the tax treatment of holdback payments and of the reverse vesting mechanism in the context of merger and acquisition transactions. According to the Circular, subject to certain conditions, that will be detailed below, the sale of shares to which holdback payments and reverse vesting mechanisms apply would be subject to a capital gains tax rate of 25% (30% in case of controlling shareholders)...

The significance of South Africa signing multilateral convention to prevent BEPS in terms of pension funds
ENSafrica, June 2017

  On 7 June 2017, South Africa was one of more than 70 countries that signed the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (“MLI”). The MLI is the result of certain of the Organisation for Economic Co-operation and Development’s action points aimed at preventing base erosion and profit shifting (“BEPS”)...

The IP Beacon, June 2017
Haynes and Boone, LLP, June 2017

View the PDF version of the June 2017 IP Beacon. Supreme Court Ruling Reigns in Patent Infringement Forum ShoppingBy Brian Kwok and Jason W. Whitney On Monday, May 22, 2017, the U.S. Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 unanimously overruled a longstanding Federal Circuit decision that allowed patent infringement suits to be filed in nearly any U.S. state or jurisdiction...

What you need to know about the 2017 Mining Charter
ENSafrica, June 2017

The Minister of Mineral Resources, Mosebenzi Zwane (the “Minister”) recently gazetted the Broad-Based Black Socio-Economic Empowerment Charter for the South African Mining and Minerals industry, 2017 (the “2017 Mining Charter”), which comes into effect on the date of publication...

Getting The Deal Through – Shipbuilding 2017: England and Wales
Haynes and Boone, LLP, June 2017

Getting the Deal Through – Shipbuilding is part of the series of Getting the Deal Through law guides published by Law Business Research that provide an overview of specialist areas of the law in a variety of international jurisdictions.It is published annually and the sixth edition, published in June 2017, covers 14 jurisdictions. Leading practitioners from each jurisdiction answer the same key questions...

Ministers can be held liable for costs of legal proceedings
ENSafrica, June 2017

  The South African Constitutional Court has found that cabinet ministers can now be held personally liable for the costs of legal proceedings to which they are a party. This finding was made in the case of Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening), in which judgment was delivered on 15 June 2017...

Newly Enacted Information Security Regulations
Fischer Behar Chen Well Orion & Co., June 2017

In recent months, the Knesset Constitution, Law and Justice Committee approved the Protection of Privacy Regulations (Information Security) 5777-2017 (hereinafter: the "Regulations"). The Regulations mark a landmark change in the field of information security in Israel and they impose substantial obligations on database owners...

What is required from employers for night shift employees?
ENSafrica, June 2017

  In its recent decision in TFD Network Africa (Pty) Ltd v Singh NO & Others, the Labour Appeal Court (the “LAC”) considered the interpretation of section 17 of the Basic Conditions of Employment Act, 1997 (“the “BCEA”); in particular, subsections 17(1) and (2), which regulate night work. Subsections 17(1) and (2) read as follows: “(1) In this section, 'night work' means work performed after 18:00 and before 06:00 the next day...

Update of the Population and Immigration Authority's Guidelines in Relation with the Employment of Foreign Experts in Israel
Fischer Behar Chen Well Orion & Co., June 2017

Under Israeli law, the employment of a foreign employee who is not a citizen or resident of Israel is a criminal offense, except if the person requesting to employ the foreign employee received a special permit from the Population and Immigration Authority (the "Authority") pursuant to the Foreign Workers Law, 5751-1991...

SARS publishes draft notice to submit country-by-country, master file and local file returns
ENSafrica, June 2017

  On 2 June 2017, the South African Revenue Service (“SARS”) published a draft public notice requiring the submission of country-by-country (“CbC”), master file and local file returns. This marks an important step towards the finalisation of South Africa’s transfer pricing documentation requirements...

Philippines: BIR Prescribes New Procedure for Claiming Tax Treaty Benefits for Dividend, Interest, and Royalty Income
SyCip Salazar Hernandez & Gatmaitan, June 2017

RMO 8-2017 amends Revenue Memorandum Order No. (“RMO 72-2010”) by providing for new procedures in claiming preferential tax treaty benefits on dividend, interest, and royalty income of nonresidents, following a system of self-assessment and automatic withholding of taxes subject to post-reporting validation. In lieu of obtaining a tax treaty relief application (“TTRA”) ruling under RMO 72-2010...

Final B-BBEE thresholds announced – casting the net wider
ENSafrica, June 2017

  On 9 November 2016, a notice was published by the South African Department of Trade and Industry (the “DTI”), in terms of which the DTI proposed that all major broad-based black economic empowerment (“B-BBEE”) ownership transactions, as per code 100 of the B-BBEE Codes of Good Practice, which equal or exceed ZAR100-million, calculated by either combining the annual turnover of both entities or their asset values (the “Proposed Threshold”), must

Israel: Startup Nation Open to India and the World
Fischer Behar Chen Well Orion & Co., June 2017

FBC & Co examine the business and legal aspects of investing in one of the world’s most technologically advanced economies. OVERVIEWEstablished in 1948, Israel is the world’s only Jewish state, and the sole democracy in its vicinity. Israel has a diverse open market economy. Being a relatively young state, Israel is recognized as a developed market by many major indices. Israel has been a member of the high-income sector of the OECD since 2010...

Doing Business in India - A Perspective from Japan
Atsumi & Sakai, June 2017

India and Japan share a long history. Buddhism, which was born in India, travelled to Japan around the 6th century. The first major interaction between Japan and India seems to have been Japanese assistance to Shri Subhash Chandra Bose in the fight for Indian independence (1943-45). Post WWII, Japan and India signed a peace treaty and established diplomatic relations on 28th April, 1952...

New Rules Published by the Israeli Innovation Authority
Fischer Behar Chen Well Orion & Co., June 2017

In May 2017, the Israeli Innovation Authority (the successor of the Office of Chief Scientist), a division of the Israeli Ministry of Economy and Industry (the "Innovation Authority"), issued new rules1 becoming applicable to Israeli companies that receive grants from the Innovation Authority ("Funded Companies")...

Brexit Update - Signs of "Regrexit" Following UK General Election?
Haynes and Boone, LLP, June 2017

The shock result in the UK General Election has caused further political and economic upheaval with no single party controlling the House of Commons. Serious questions are now being raised over the UK’s approach to Brexit with negotiations set to commence next week...

MiFID II: Further guidance on product governance requirements
Arendt & Medernach, June 2017

Amongst the numerous topics covered by the Markets in Financial Instruments Directive II (MiFID II), the European Securities and Markets Authority (ESMA) has decided to provide further guidance on the requirements regarding product governance through its guidelines dated 2 June 2017 which focus on the target market assessment by manufacturers and distributors of financial products...

Supreme Court Unanimously Holds that SEC Disgorgement is Subject to Five Year Statute of Limitations
Haynes and Boone, LLP, June 2017

A unanimous Supreme Court held on June 5, 2017, that the SEC’s ability to recover funds through disgorgement is subject to a five-year statute of limitations. The SEC routinely seeks disgorgement as an equitable remedy in actions alleging securities law violations and asserted that disgorgement was not a penalty subject to the five year statute of limitations under 28 U.S.C. § 2462...

Signature of the Multilateral Instrument - Reservations Made by Luxembourg
Arendt & Medernach, June 2017

As expected, Luxembourg has adopted a restrictive approach of the provisions provided for under the MLI and has sought to limit the scope and impacts of this new layer of international legislation to the minimum standards required.    However, the new PPT and the impact on structures and the application of tax treaties need to be carefully monitored in the furture for new and existing structures...

New Department of Labor “Fiduciary” Rule Goes Into Effect
Haynes and Boone, LLP, June 2017

After several delays, the Department of Labor’s (the “DOL’s”) final “fiduciary” rule expanding the definition of who is an investment advice fiduciary became effective on June 9, 2017...

Copyright: As Relevant as Ever
ENSafrica, June 2017

Copyright is a highly important area of IP law. Yet, it’s also an area that’s often ignored and misunderstood, partly because it generally doesn’t involve registration, and partly because of the uncertainties created by the digital age...

 

 

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