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Throwing the First Tomato – What Will 2017’s Food Fights Look Like?
Haynes and Boone, LLP, February 2017

Just weeks into the new Administration, perhaps the only certain thing is that there will be uncertainty as the Administration makes its mark and works to fulfill campaign promises. Meanwhile, restaurant chains and food companies are trying to allocate resources to best address business priorities and hot legal issues...

President Trump Directs Department of Labor to Reexamine Fiduciary Rule
Lowenstein Sandler LLP, February 2017

On February 3, 2017, President Donald J. Trump issued a presidential memorandum directing the U.S. Department of Labor (“DOL”) to reexamine regulations (known as the “Fiduciary Rule”) scheduled to take effect April 10, 2017. The controversial Fiduciary Rule would significantly expand those who are considered fiduciaries under the Employee Retirement Income Security Act of 1974 (commonly known as “ERISA”)...

2016 California Labor and Employment Update
Haynes and Boone, LLP, February 2017

2016 California Labor and Employment Legislation SB 3 Raises California's Minimum Wage SB 3 will increase the state minimum wage to $15.00 per hour over the next six years. The bill sets two minimum wage rate hikes, depending on whether an employer has 26 or more, or 25 or fewer, employees. All employers in the state must comply with the new minimum wage law...

A Tale of Two Cities
TSMP Law Corporation, February 2017

  "The best things in life are free, the second best things are very, very expensive."—Coco Chanel   Think of the most expensive cities in the world to live and places like London, New York and Paris come to mind. These cities epitomize the pinnacle of sophisticated and luxurious living, as romanticized all too often on the silver screen...

Top Five SEC Disclosure Issues for E&P Companies’ 2016 Annual Reports; Get Your DUCs in Order
Haynes and Boone, LLP, February 2017

Comment letters issued in 2016 by the staff of the Division of Corporation Finance of the Securities and Exchange Commission (SEC) to reporting E&P companies relating to their 2015 annual reports continue, as in past years, to focus on disclosure issues such as the effects of low commodity prices and proved undeveloped reserves (PUD) conversion rates...

Autonomous Vehicles in Quebec: Unanswered Questions
Lavery, de Billy, February 2017

According to a recent study, 25% of new cars sold around the world will be self-driving by 20351. A group of researchers from Princeton University estimates that by 2035-2050 over half of American cars will be self-driving2. Smart cars are currently being sold in Québec and their advent is sure to have repercussions on several players. Self-driving cars Smart cars use information and communication technology in accident prevention systems with varying levels of automation...

A Judgment “Peppad” With Advice
ENSafrica, February 2017

A judgment “peppad” with advice A recent South African court decision neatly summarises some of the major issues that need to be considered when comparing trade marks in South Africa. In the case of Dinnermates (Tvl) CC v Piquante Brands International (Pty) Ltd and Another, the facts were that a company applied to register the trade mark PEPPAMATE and a device depicting a pepper with a stalk in classes 29, 30 and 31...

New Year's Resolution – State Tax Compliance
Haynes and Boone, LLP, February 2017

As small and medium-sized businesses grow and expand, it is common for them to do business outside their home state; sometimes through the internet and other times by having “boots on the ground.” For example, having employees travel to other states to promote sales, providing assistance to customers, attending trade shows, and engaging in other business activities...

ARIPO Developments: Amended Harare Protocol on Patents and Industrial Designs
ENSafrica, February 2017

ARIPO developments: Amended Harare Protocol on Patents and Industrial Designs The African Regional Intellectual Property Organization’s (“ARIPO’s”) amended Harare Protocol on Patents and Industrial Designs (the “Protocol”), came into effect on 1 January 2017 and includes some important changes...

SEC Office of Compliance Inspections and Examinations Announces Examination Priorities for 2017
Haynes and Boone, LLP, February 2017

The SEC’s Office of Compliance Inspections and Examinations recently announced its 2017 examination priorities for broker-dealers, investment advisers, and investment funds. OCIE, which serves as the “eyes and ears” of the Commission, identified the current staff’s priorities as a focus on (i) matters of importance to retail investors, (ii) risks specific to elderly and retiring investors, and (iii) assessing market-wide risks...

Final Changes to the Special Voluntary Disclosure Programme
ENSafrica, February 2017

Final changes to the Special Voluntary Disclosure Programme On 26 October 2016, the South African Minister of Finance tabled the Rates and Monetary Amounts and Amendment of Revenue Laws Bill, Bill 19 of 2016, in Parliament when he introduced the so-called “Mini Budget”. This Bill contains the legislation regulating the Special Voluntary Disclosure Programme (“SVDP”), which commenced on 1 October 2016 and was to end on 30 June 2017...

The Arbitrability of Distributorship Law Disputes in Belgium: A New Development
ALTIUS/Tiberghien, February 2017

In its recent judgment of 21 December 2016, the Tournai Commercial Court (‘Court’) declared it did not have jurisdiction to deal with a dispute concerning the termination of an exclusive distributorship that the parties had agreed to submit to arbitration. This judgment was based on the new definition of arbitrability in the Belgian Judicial Code, which entered into force in 2013, and marks a new era for the arbitrability of Belgian distributorship law disputes...

Occupational Health and Safety Act – Important Notification of Draft Ergonomics Regulations, 2017
ENSafrica, February 2017

Occupational Health and Safety Act – important notification of draft Ergonomics Regulations, 2017On Friday, 27 January 2017, a notice (GNR.64) was published in Government Gazette No. 40578, in terms of which the Minster of Labour gave notice of her intention to make Ergonomics Regulations in terms of the Occupational Health and Safety Act, 1993...

The Judicial Review of a Decision Rendered by the Court of Quebec in Civil Matters: An Unusual Remedy, Although Possible in Some Circumstances
Lavery, de Billy, February 2017

The superintending and reforming power of the Superior Court of Québec over the decisions of the Court of Québec is indisputable. It is furthermore confirmed by article 34 of the Code of Civil Procedure1, which grants to the Superior Court powers to judicially review decisions made by the Québec courts, with the exception of the Court of Appeal...

Section 197 of the South African Labour Relations Act: The Ebb and Flow of What Constitutes a Going Concern
ENSafrica, February 2017

Section 197 of the South African Labour Relations Act: The ebb and flow of what constitutes a going concern More recently, in 2016, in Rural Maintenance (Pty) Limited and Another v Maluti-A-Phofung Local Municipality, the Constitutional Court dealt with outsourcing and the impact of a transfer of assets by the outgoing entity in evaluating whether a transfer of a business as a going concern existed...

This Is Not a Test
Watkins & Eager PLLC, February 2017

Sirens blaring and weather alerts break the silence of the night. It sounds like a train. This is not a test or a drill. Potential disaster is imminent...

The Mauritian Limited Liability Partnerships Act, 2016 – What You Need to Know
ENSafrica, February 2017

The Mauritian Limited Liability Partnerships Act, 2016 – what you need to knowDo LLPs have independent legal personality? The Mauritian Limited Liability Partnerships Act, 2016 (the “Act”) came into force on 3 January 2017, and provides for the establishment of limited liability partnership (“LLP”) structures in Mauritius. The LLP is a welcome and awaited addition to the various types of vehicles that can be created in Mauritius...

Supreme Court to Hear Critical Issue of Time Limits on Investor Rights
Lowenstein Sandler LLP, January 2017

For the past several years, professional investment funds in New York have faced a dilemma: if they wanted to see the results of a securities class action and settlement before filing their own case, they ran the risk that their claims would be time-barred by that point. That may now change as the Supreme Court has agreed to decide whether the filing of a securities class action tolls the statute of repose for investors who decide to “opt out” of the class...

Yuppies – Do They Confuse You?
ENSafrica, February 2017

Yuppies – do they confuse you? Late last year, the South African Supreme Court of Appeal (“SCA”) handed down an important trade mark judgment in Yuppiechef Holdings (Pty) Ltd v Yuppie Gadgets Holdings (Pty) Ltd. The case dealt with that thorny issue that bedevils so many trade mark cases – confusing similarity. The facts were fairly straightforward. Yuppiechef is an online retail business that specialises in kitchen and household goods...

Remote Control Over Conducting of Special Evaluation of Working Conditions
ALRUD Law Firm, January 2017

Beginning on January 1, 2017, the State Labour Inspectorate has begun checking presence of the information on results of special evaluation of working conditions on employers’ official websites. Employers shall post on their official websites information concerning results of performed evaluation and the list of proposed actions on improvement of employees’ working conditions...

Does A Change of the Terms of A Share Constitute A New “Date of Issue” For Purposes of Section 8E of the Income Tax Act?
ENSafrica, February 2017

Does a change of the terms of a share constitute a new “date of issue” for purposes of section 8E of the Income Tax Act? In terms of section 8E of the South African Income Tax Act, 1962 (the “Act”), dividends received by or accrued to a person in respect of certain shares and “equity instruments”, as defined, must be deemed in relation to that person to be an amount of income if that share or equity instrument constitutes a “hybrid equity instru

Extraterritorial Application of Japan’s Privacy Laws Expanded
Atsumi & Sakai, January 2017

Summary Amendments to Japan’s Act on Protection of Personal Information (“APPI”) (“Amendments”) were passed by the Diet on 3rd September 2015; some provisions, mainly those establishing and governing the Personal Information Protection Commission (“Commission”), are in force, and it has now been announced that the remaining provisions will be implemented on 30th May 2017 (“Implementation Date”), though regulations and guidelines setting out

SARS Interpretation Note 94 – Contingent Liabilities Assumed in the Acquisition of A Going Concern
ENSafrica, February 2017

SARS Interpretation Note 94 – contingent liabilities assumed in the acquisition of a going concern Importantly, SARS’ application of the latter distinction appears to follow the reasoning put forward by the Privy Council in Commissioner of Inland Revenue v New Zealand Forest Research Institute Ltd, wherein it was held that expenditure incurred in respect of provisions taken over was incurred as part of the purchase price, which was capital in nature and therefore not deductib

Q&A: Waller Partner Talks Websites and ADA
Waller, January 2017

The impacts of the Americans with Disabilities Act loom largest in the public consciousness in the form of handicap-accessible parking spaces and entrance ramps — accommodations for physical access to public premises. But under the law, it also appears that businesses must make sure their websites and mobile apps are ADA-compliant. Derek Edwards is a partner at Waller Lansden Dortch & Davis, where he specializes in financial services litigation...

The South African King IV Report on Corporate Governance: Themes and Variations
ENSafrica, February 2017

The South African King IV Report on Corporate Governance: themes and variations On 1 November 2016, the South African King IV Report on Corporate Governance (“King IV”) was published by the Institute of Directors in Southern Africa...

Ministry was liable for damages, since the Danish Holiday Act had not been aligned with EU law within the stipulated time. However, in the specific case, the employee was not entitled to compensation
Plesner, January 2017

Judgment of the Danish Supreme Court dated 19 January 2017 The case involved the issue of whether the Ministry of Employment had become liable in damages in regard to an employee in a company, due to the fact that the right to replacement holiday in the event of illness occurring during holiday had not been implemented in Danish law at the time at which the employee became ill during his holiday in the summer of 2010...

Introduction of Section 7C To the Income Tax Act and Its Effect on Estate Planning
ENSafrica, February 2017

Introduction of section 7C to the Income Tax Act and its effect on estate planning Section 25B(1) of the Income Tax Act provides that any amount received by or accrued to or in favour of any person during any year of assessment in his/her capacity as a trustee of a trust, to the extent to which such amount has been received for the immediate or future benefit any ascertained beneficiary who has a vested interest to that amount during that year, this shall be deemed to be an amount that h

Mississippi’s Cap On Non-Economic Damages Is Alive and Well
Watkins & Eager PLLC, January 2017

In 2004, the Mississippi State Legislature amended Miss. Code Ann. § 11-1-60 to provide for a $1 million cap on non-economic damages in civil cases. The statute is broadly worded to apply to “any civil action” and applies to all cases filed on or after September 1, 2004.The same statute applies to non-economic damages in medical malpractice cases, although there is a $500,000 cap for malpractice cases...

Comprehensive Amendments to the JSE Debt Listings Requirements on the Cards
ENSafrica, January 2017

On 5 December 2016, a new set of draft amendments to the JSE Debt Listings Requirements (the “DLRs”) was posted on the JSE Limited’s (the “JSE”) website and circulated on 13 December 2016. The comprehensive set of proposed amendments will be open for public comment until 30 January 2017...

False Claims Act Year in Review 2016
Haynes and Boone, LLP, January 2017

The False Claims Act, 31 U.S.C. §§ 3729, et seq. (FCA) continued to be a significant focus of government and whistleblower activity in 2016. ThisYear in Review highlights several key developments, including:   The U.S. Department of Justice is continuing its strong enforcement of the FCA, including recovering more than $4.7 billion in settlements and judgments in FCA cases in 2016, as well as continuing its focus on individual culpability...

Paternity Leave A Step Closer to Becoming Law
ENSafrica, January 2017

    In this article, ENSafrica looks at a dramatic legislative shift which could soon see the following fundamental changes to South Africa’s employment law: · the effective recognition that fathers (or other parents, whether male or female, who may not otherwise be entitled to maternity leave) will be entitled to what is being referred to as “parental leave”; · the formal recognition of “adoption leave” by law; · the stat

Media, Entertainment and First Amendment Newsletter, January 2017
Haynes and Boone, LLP, January 2017

2016 proved eventful on both the political stage and in the world of media and entertainment law, and sometimes the two worlds even collided. The year saw its share of high profile media lawsuits, favorable Congressional actions, and, of course, a presidential election like none other. Here are ten stories that made an impact in 2016 and will likely continue to impact media and entertainment law for years to come...

South African Patent Decision: Not Shooting From the Hip
ENSafrica, February 2017

In December 2016, the South African Supreme Court of Appeal (“SCA”) handed down a rare patent judgment in Pasadena Leather Products CC t/a Pasadena Products and another v Resca and another. In a very measured judgment, the SCA sets out in clear and basic terms how one goes about establishing whether or not a patent has been infringed. This judgment will therefore be very useful for laymen and non-IP specialists...

With A Whisper, Not A Shout, FDA Breaks Silence On Medical Product Communications
Lowenstein Sandler LLP, January 2017

By releasing two draft guidances on medical product communications on January 18, FDA has broken its long silence on medical product communications. The timing of the release in the waning days of the Obama administration appears to be an effort by FDA to get its position on the record in an attempt to avoid being trumped by the incoming administration; that effort may be thwarted by the current administration’s move to roll back recently issued regulations...

Arbitration Awards Issued in Terms of the Labour Relations Act Do Not Prescribe
ENSafrica, January 2017

On 15 December 2016, the South African Constitutional Court handed down a landmark judgment in Myathaza v Johannesburg Metropolitan Bus Services (SOC) Limited t/a Metrobus and Others, in which it held that arbitration awards issued in terms of the Labour Relations Act, 1995 (the “LRA”) do not prescribe...

OCIE Announces 2017 Examination Priorities
Lowenstein Sandler LLP, January 2017

Each year the Securities and Exchange Commission (“SEC”), through its Office of Compliance Inspections and Examinations (“OCIE”), issues a release identifying various areas in which the SEC plans to focus its efforts in examinations...

Review of the National Code of Corporate Governance for Mauritius – What You Need to Know
ENSafrica, January 2017

First published in October 2003, the National Code of Corporate Governance for Mauritius (“the Code”) was revised in 2016 to align it with new laws and guidelines in Mauritius, as well as to recognise, learn and apply governance lessons from the global financial crisis, and identify and apply international best practices for Mauritius to remain a jurisdiction of choice with the highest standards of corporate governance in Africa...

Finra Announces 2017 Examination Priorities
Lowenstein Sandler LLP, January 2017

Each year the Financial Industry Regulatory Authority (“FINRA”) issues a release identifying various areas in which FINRA plans to focus its efforts in their examinations. FINRA published its Annual Regulatory and Examination Priorities Letter (the “Priorities Letter”) on January 4, 2017 identifying the areas that will receive increased focus in FINRA’s 2017 examinations...

The New Approach to Maternity Leave
ENSafrica, January 2017

2017 looks set to bring about unprecedented change in South Africa when it comes to leave relating to the birth or adoption of a child. A fresh approach to maternity leave has already been sanctioned by the Labour Court, one that goes beyond the traditional notion that maternity leave should apply to biological mothers only. This groundbreaking development, which is already part of South African law, is discussed below...

The International Capital Markets Review - Edition 6 - Philippine Chapter
SyCip Salazar Hernandez & Gatmaitan, January 2017

The sixth edition of The International Capital Markets Review is already available. The Philippine chapter outlines governing laws, legislative bodies, and recent jurisprudence, and also contains information on recent developments in relevant laws and regulations, especially those affecting debt and equity offerings and those affecting derivatives, securitizations and other structured products. The chapter was contributed by SyCipLaw partner Maria Teresa D...

Africa Tax In Brief - Jan
ENSafrica, February 2017

Africa tax in brief NIGERIA: 2017 Budget presented to National Assembly Highlights of the new treaty include: ANGOLA: Budget Bill, 2017 approved and adopted by National Assembly On 17 November 2016, the National Assembly approved the Budget Bill, 2017. The final version of Budget Law, 2017 was adopted by the National Assembly on 14 December 2016...

UK Parliament Must Decide on Brexit - UK Supreme Court Issues Key Constitutional Judgment
Haynes and Boone, LLP, January 2017

In its most important constitutional judgment ever, the UK Supreme Court has this morning confirmed that the UK Parliament in Westminster, rather than the British Government, must decide on the UK’s withdrawal from the European Union (EU). The Court has in this respect upheld the decision of the High Court as reported in our “Brexit Update...

Newsletter: Increase of Fines For Data Protection Breaches
ALRUD Law Firm, January 2017

INCREASE OF FINES FOR DATA PROTECTION BREACHES Dear Ladies and Gentlemen, We would like to inform you of the proposed changes to the Russian Code of the Administrative Offences (hereinafter the “Code of Administrative Offenses”). These changes are aimed at increasing and differentiating administrative liability for violation of Russian personal data protection legislation...

Falling out of the GAAP: Recent SEC Staff Comments on Energy Companies’ Non-GAAP Financial Measures Disclosures
Haynes and Boone, LLP, January 2017

In May 2016, the Division of Corporation Finance of the Securities and Exchange Commission (“SEC”) added new Compliance & Disclosure Interpretations (“C&DIs”) to the existing catalog of C&DIs that addresses disclosures of“non-GAAP financial measures...

Is Cybersecurity at the Top of Your List for 2017? If So, You’re on the Right Track.
Lowenstein Sandler LLP, January 2017

When Yahoo disclosed in December that information on over a billion user accounts had been stolen back in 2013, the news capped off a year of big, bad data breaches. Security and privacy issues have been so front-and-center, in fact, that the Yahoo incident wasn’t the most newsworthy cybersecurity story of 2016 by a long shot — despite its being the biggest data breach in history...

Notification of Unreliability: Excluding Liability for Misrepresentation by Notice
Haynes and Boone, LLP, January 2017

It is becoming increasingly common to see allegations of misrepresentation made in shipbuilding and offshore construction disputes...

First-aid Course Required by the Ministere de la Famille: Is the Employer Required to Pay for the Training Time?
Lavery, de Billy, January 2017

The Educational Childcare Regulation1 (the "Regulation") requires every permit holder to ensure that each member of its childcare staff holds a certificate not older than 3 years which must have been obtained through the successful completion of an early childhood first-aid course of a minimum of 8 hours. Following the amendment of the Regulation of April 1, 20162, an additional component concerning the management of severe allergic reactions was added to this training obligation: 20...

Limiting the Cost of Electronic Disclosure
Haynes and Boone, LLP, January 2017

Disclosure is an essential part of litigation and arbitration under English law as it usually provides both parties with access to the contemporaneous documents which support or adversely affect a party’s case. The exponential growth in recent years of the number of electronic documents created during the course of a project has increased the size and, as a result, the cost of the disclosure exercise...

Changes to Anti-Corruption Regulation in the UAE
Afridi & Angell, January 2017

Changes to the UAE Penal Code (Federal Law No. 3 of 1987) (the “Penal Code”) at the end of 2016 have (i) extended the current bribery provisions to include bribery involving a foreign public official or an official of an international organisation, (ii) increased the penalties for committing a bribery-related offence and (iii) criminalised the offering of a bribe in the private sector...

JD Thomas Posts "Healthcare Industry on Pins and Needles The Repeal of the ACA and What Comes Next" on Waller Healthcare Blog
Waller, January 2017

The Affordable Care Act (ACA) has been one of the most sweeping, and most divisive, pieces of legislation related to healthcare in a generation. More ink has been spilled over enactment, constitutionality, and repeal than any other government healthcare program. With the election of Donald Trump, and a Republican-controlled Congress, the repeal of the ACA is all but assured...

 

 

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