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The UAE Federal Arbitration Law: A First Look
Afridi & Angell, May 2018

The approval of the long awaited Federal Law on Arbitration by the Federal National Council was announced in March this year...

Panama: Sexual harassment in companies and in the education sector
Morgan & Morgan, May 2018

The International Labor Organization (ILO) defines sexual harassment as “any conduct of unwanted sexual nature that, according to the reasonable perception of the recipient, interferes with their work, is established as a condition of employment or creates an intimidating hostile or offensive work environment...

Supreme Court Overturns Federal Ban on Sports Betting
Dinsmore Shohl LLP, May 2018

In a landmark ruling today (May 14, 2018), the United States Supreme Court overturned the ruling of the 3rd Circuit Court of Appeals that upheld the constitutionality of the Professional and Amateur Sports Protection Act (PASPA), the federal statute that effectively prohibits all sports betting in the United States by restricting states (other than a few grandfathered states, including Nevada) from authorizing sports betting...

The Legal 500 & The In-House Lawyer Comparative Legal Guide: Philippines: Mergers & Acquisitions
SyCip Salazar Hernandez & Gatmaitan, May 2018

The Legal 500 & The In-House LawyerComparative Legal GuidePhilippines: Mergers & Acquisitions Country Author: Franco Aristotle G. Larcina, Partner, SyCip SalazarHernandez & Gatmaitan   1. What are the key rules/laws relevant to M&A and who are the key regulatory authorities? M&A activity is governed primarily by the Corporation Code of the Philippines (Batas Pambansa Blg. 68)...

Legal Reforms in Abu Dhabi
Afridi & Angell, May 2018

Abu Dhabi has introduced new rules governing the functioning of the Emirate’s judiciary. The new rules appear in Abu Dhabi Law 13 of 2018, which amends Abu Dhabi Law 23 of 2006 on the Abu Dhabi Judicial Department. The new provisions largely address internal matters related to the functioning of the courts, such as the composition of panels of the courts and the accountability of judges. But two features could be of more general interest...

Legal Challenges in Servicing Marijuana Growers
Fredrikson & Byron, P.A., May 2018

As states rapidly begin to legalize the use of marijuana for both medical and recreational purposes, banks face uncertainty about their ability to accept marijuana-related deposits, provide financing for marijuana growers, or permit use of credit cards on their payment systems. Recreational marijuana is not legal in Iowa today, but as broader legalization becomes more likely, it is important for Iowa banks to understand the relevant state and federal laws...

Recapturing Seniority (Service Personnel and Professional Personnel)
Dinsmore Shohl LLP, May 2018

A common question we receive from school systems relates to whether certain employees (both service personnel and professional personnel) recapture their seniority if there has been a break in their employment with the school system but they later return to employment.  Often a break in employment is the result of a voluntary break or unfortunately a reduction in force...

Foreign Companies Pursuing Business in China: Proceed with Caution
Verrill Dana, LLP, May 2018

The trade relationship between the United States and China is top of mind for many business owners, especially within the technology sector. Recently, Chinese President Xi Jinping denied the U.S. Government’s request to end subsidies for key industries identified by the “Made in China 2025 Initiative,” including new advanced information technology, aviation, rail, new energy vehicles, agricultural machinery, new materials and biopharma...

The Serbian Law on Foreign Exchange Amended
Karanovic & Nikolic, April 2018

On 20 April 2018, the amendments to the Law on Foreign Exchange (the “Law”) were adopted and will enter into force on 28 April 2018. Exceptionally, the application of certain provisions related to the assuming of competencies over foreign exchange control by the National Bank of Serbia is delayed until 1 January 2019...

Philippines: RR No. 7-2018: Restoring the Notice of Informal Conference as a Due Process Requirement in the Issuance of a Deficiency Tax Assessment
SyCip Salazar Hernandez & Gatmaitan, April 2018

On January 31, 2018, Finance Secretary Carlos G. Dominguez issued RR No. 7-2018 which restored the provision on Notice of Informal Conference as a due process requirement in the issuance of a deficiency tax assessment. RR No. 7- 2018 was published in the Manila Bulletin on February 1, 2018 and took effect on February 16, 2018...

New Serbian Law on Foreigners Adopted
Karanovic & Nikolic, April 2018

In March 2018, the new Serbian Law on Foreigners was adopted, replacing the 2008 version of this law- in force until recently without any amendments. The new law will enter into force on 3 October 2018...

Blockchain: Hype vs Reality
Afridi & Angell, April 2018

Over the past 1-2 years, a great deal of information concerning the revolutionary technology that is “blockchain” has been published on many business, legal and technology news sources, and innumerable self-proclaimed authorities on the subject have emerged to contribute articles and presentations (ourselves among them)...

Philippines: RR No. 6-2018: Once Again, Payment of Withholding Tax at the Time of Audit Considered Compliant with Withholding Tax Requirements for Deductibility of Expenses
SyCip Salazar Hernandez & Gatmaitan, April 2018

On January 19, 2018, Department of Finance (“DOF”) Secretary Carlos G. Dominguez issued RR No. 6-2018 which revoked RR No. 12-2013 and reinstated Section 2.58.5 of RR No. 2-1998, as amended by RR Nos. 14-2002 and 17-2003. Section 2.58.5 of RR No. 2-1998 implements the requirement of withholding of income tax for deductibility of expenses. RR No. 6-2018 was published in the Manila Bulletin on January 23, 2018 and took effect on February 7, 2018...

Seventh Circuit Issues Strong Endorsement of Learned Intermediary Doctrine in Medical-Device MDL
Patterson Belknap Webb & Tyler LLP, April 2018

The manufacturer of a product generally has a duty to warn the end-consumer of any serious risks associated with that product. In the context of prescription drugs and medical devices, however, the “learned intermediary” doctrine holds that the manufacturer need not warn the end-consumer (i.e., patient). Instead, the manufacturer discharges its obligations by warning the prescribing physician...

The Use Of AI In Law: How Just Is Machine Justice?
Karanovic & Nikolic, April 2018

Artificial intelligence is a burning topic in many sectors today and the legal industry is no exception. Recently, at the World Services Group's annual employment law conference held in February, AI was heavily debated along with its' impact not only on the legal profession, lawyers, clients, the way business is done, but also our traditional understanding of concepts such as "law" or "justice"...

BVI Takes Lead in Establishing Simple, Transparent, and Inexpensive Incorporation for Microbusinesses Around the World
O'Neal Webster, April 2018

Microbusinesses are a growing, vibrant, and profitable economic segment throughout the world. Such enterprises provide flexibility for individuals to operate on their terms, according to their skills and passions. Microbusinesses generally are defined by modest annual sales and asset values and fewer than five to ten employees, including the owner, but varies by jurisdiction...

The Use of AI in Law: How Just is Machine Justice?
Karanovic & Nikolic, April 2018

Artificial intelligence is a burning topic in many sectors today and the legal industry is no exception. Recently, at the World Services Group’s annual employment law conference held in February, AI was heavily debated along with its’ impact not only on the legal profession, lawyers, clients, the way business is done, but also our traditional understanding of concepts such as “law” or “justice”...

Reserved Vacancies
Dinsmore Shohl LLP, April 2018

Personnel Season is nearly over for county boards of education. Now that Personnel Season is coming to an end, a common question we often see relates toW. Va. Code 18A-4-7a(k)(2) and how to handle the statutory provision of reserving vacancies for individual professionals subject to release (i.e. reduced in force). For example, assume elementary teacher A submits to the board, on or before March 1, his/her early retirement notice effective at the conclusion of this school year...

New Revenue Recognition Standard Creates Additional Disclosure Requirements for Hospitals
Moss Adams LLP, April 2018

 Fundamental changes to how hospitals recognize revenue are beginning to take effect. One of the biggest entails significantly altering the manner in which hospitals and other entities disclose revenue-recognition policies and revenue within financial-statement footnotes. Background In May 2014, the Financial Accounting Standards Board (FASB) issued Accounting Standards Codification® (ASC) Topic 606, Revenue from Contracts with Customers...

A Reality Check for Autonomous Shipping in 2018
Simonsen Vogt Wiig AS, April 2018

  Autonomous vessels are generating increasing interest in the shipping industry, both due to novelty and promising commercial benefits. However, despite all the buzz actual investments in projects involving autonomous vessels remain few and far between. This article will take a closer look at the commercial and legal realities explaining why there is no imminent sea change in sight...

Tax Reform Extends Credits for Renewable Energy Companies
Moss Adams LLP, April 2018

  The Bipartisan Budget Act of 2018 (Budget Act), which was signed into law February 9, 2018, extends the production tax credit (PTC) and investment tax credit (ITC) that previously applied to only wind and solar companies to other renewable energy resources. Background Under the Protecting Americans from Tax Hikes Act (PATH Act), which President Obama signed into law in 2015, PTCs and ITCs were extended for wind and solar companies...

Transfers of Norwegian Petroleum Licences: Is Government Approval Regime Tightening?
Simonsen Vogt Wiig AS, April 2018

An increased number of corporate transactions and mergers have been observed in the oil and gas sector on the Norwegian Continental Shelf (NCS) in recent years. Several oil majors and traditional utilities and down stream companies have reduced their presence and, to some extent, been replaced by smaller companies, including start-ups backed by private equity...

Renewable Energy Guide
Moss Adams LLP, April 2018

Opportunities & Challenges It’s an exciting time with extraordinary potential for investors in renewable energy projects. Public support has never been higher and the majority of the largest companies in the United States continue to set increasingly ambitious clean energy targets...

Philippine Chapter of Getting the Deal Through: Vertical Agreements 2018
SyCip Salazar Hernandez & Gatmaitan, April 2018

Philippines Franco Aristotle G. Larcina and Arlene M. Maneja SyCip Salazar Hernandez & Gatmaitan   Antitrust Law 1. What are the legal sources that set out the antitrust law applicable to vertical restraints? The key statute is Republic Act No. 10667, otherwise known as the Philippine Competition Act (PCA), which was enacted on 21 July 2015 and which became effective on 8 August 2015...

Revolutionizing Health Care with Lean Management
Moss Adams LLP, April 2018

  Miraculous things happen in medicine in the United States every day, but health care remains a key issue for Americans because it can often be expensive, hard to access, and frequently unsafe with highly variable quality and patient and staff satisfaction. Adopting lean management has the potential to solve these problems and make health care a more satisfying and less costly experience for patients as well as health care workers...

Belarus is About to Become a Major Crypto Hub
COBALT Estonia, April 2018

“Belarus will become the first government in the world that opens wide opportunities for the use of blockchain technology”, said in a statement on the official website of the President of Belarus. Alexander Lukashenko, who signed the new law of the land, believes that his county “has every chance of becoming a regional center in this area.” The Presidential Decree of the Republic of Belarus No...

Protect Your Company from Cyberthreats with Information Security Governance
Moss Adams LLP, April 2018

 If you haven’t been breached yet, you either will be or you don’t know it’s already happened. Organizations that suffer from data and information security breaches find themselves looking for answers to why they were targeted and how they could’ve prevented it. The answer is often that their information security governance (ISG) program wasn’t in place and operating as well as it could’ve been...

Employers: Are you GDPR ready?
A&L Goodbody, April 2018

In our GDPR for Employers guide, we look at the key areas where employers will need to implement change and how to manage the impact of these regulations on the business...

The New UAE Pledge Law - Promulgation of Regulations That Make Registration Available
Afridi & Angell, April 2018

UAE Federal Law 20 of 2016 (Regarding the Pledge of Movables as Security for a Debt) (the Pledge Law) introduced a new regime for registering a pledge over moveable assets which are pledged as security for the repayment of a debt. We reported on this law in our inBrief of January 2017, New UAE Pledge Law Over Moveable Assets, and our Legal Alert of 19 February 2018, The New UAE Pledge Law – Security Registration...

Fed. Circ. Case May Change Biosimilar IPR Strategy
Patterson Belknap Webb & Tyler LLP, April 2018

 Biosimilar developers have been aggressive in filing petitions for inter partesreviews of biologics patents before the Patent Trial and Appeal Board, many ofthem preceding the filing of a marketing application. Such early IPRs are attractiveto biosimilar makers, because they provide a chance to challenge innovator patentsyears before the biosimilar maker files a marketing application with the U.S. Foodand Drug Administration...

When can a difference in pay be justified?
ENSafrica, April 2018

The decision in National Education Health & Allied Workers Union on behalf of Sinxo & others and Agricultural Research Council is important primarily for two reasons. Firstly, it deals with when an employee can claim that he or she has been discriminated against on an arbitrary ground as envisaged in section 6(1) of the Employment Equity Act, 1998 (the “EEA”)...

Environment Minister Announces Government Policy Priorities - Climate Change, Water and Urban Development
MinterEllisonRuddWatts, April 2018

Hon David Parker, Minister for the Environment has set out the Government’s environmental policy priorities for 2018, with climate change, water and urban development key areas of focus. The Minister said it was time for New Zealand to once again be a world leader in climate change, and one way to achieve this was through a more comprehensive National Policy Statement (NPS) on water management...

Does the Prescription Act apply to unfair dismissal disputes in terms of the LRA?
ENSafrica, April 2018

The relationship between the periods set for pursuing unfair dismissal claims in terms of the Labour Relations Act, 1995 (“LRA”), and the prescription periods set in the Prescription Act, 1969 (“PA”) has been the subject of some confusion and debate. At the heart of the debate is the interpretation and application of section 16(1) of the PA...

Eight recent developments in Irish Competition / Antitrust Law
A&L Goodbody, April 2018

Increase in merger and acquisition deals notified in Ireland

Can algorithm bias result in employment discrimination?
ENSafrica, April 2018

A modern, technologically driven society generates large amounts of information about members of that society. Think, for example, of the information regarding statuses and activities that banks, credit card providers, medical aid schemes, cell phone networks and employers have in their possession. Think further of the information that Google, Facebook, Uber and Amazon have in their possession...

UK Industrial Strategy - Creative Industries Sector Deal
Shoosmiths LLP, April 2018

The Department for Digital, Culture, Media and Sport (DCMS) has published the Creative Industries Sector Deal aimed at making the UK the best place in the world for businesses in the creative industries. This is the latest sector deal to flow from the government's Industrial Strategy White Paper after sector deals for life sciences and the automotive industry were announced in late 2017/early 2018, respectively...

Government’s drive to achieve black ownership and control, but at what expense?
ENSafrica, April 2018

The South African Department of Trade and Industry (“DTI”) recently published certain draft amendments to the Broad-Based Black Economic Empowerment Codes (“B-BBEE Codes”)  for public comment. The proposed changes appear to signify the government’s drive to achieve more black ownership and control in South African business...

Key Features of New Data Breach Notification Laws in Alabama and South Dakota
Haynes and Boone, LLP, April 2018

Last month, Alabama and South Dakota became the latest states to enact data breach notification laws. All 50 states now have such laws, but the laws and companies’ obligations thereunder vary widely from state to state. The Alabama and South Dakota laws—described in detail in the chart linked below—are similar to the laws of other states, but each have a few important features to be aware of...

Design law: a welcome reminder
ENSafrica, April 2018

Two recent European IP decisions are a welcome reminder of that much-overlooked area of IP law: registered designs. If patent protection is primarily about functionality, design protection is primarily about product appearance (more on this later). These European cases are worth discussing because there are very few court decisions on registered designs in South Africa. They are also worth discussing because they highlight two fundamental aspects of design law...

Report of the Financial Services Ombudsman 2017 – A Summary
A&L Goodbody, April 2018

The Report of the Financial Services Ombudsman (FSO) issued on 29 March 2018.As always, it contains interesting insights on trends and outcomes in FSO complaints...

Don't Be Grumpy!
ENSafrica, April 2018

This is a story of the age, a story of a character that became a global sensation thanks to the internet. The story is also about the creator of that character, who had the foresight to understand that the character might well become a valuable marketing property and took steps to legally protect the character (its name and image) through IP law, particularly trade mark and copyright law, thus creating “the IP rights” and making the creator “the IP owner”...

From Talcum to Glyphosate: The Multi-Billion Dollar Battle to Define 'Risk'
Hunton & Williams LLP, April 2018

Activists are recasting risk in a way that can only damage industry Last August, a California jury awarded plaintiff Eva Echeverria a total of $417m in compensatory and punitive damages in a lawsuit against Johnson & Johnson (J&J). Her case was that the company should have warned consumers that studies had found an inconclusive correlation between ovarian cancer and talcum powder...

Alexa... Buy Me a Hoover
ENSafrica, April 2018

Artificial intelligence (“AI”) is big news at the moment, so it’s no surprise that lawyers are considering the IP issues relating to AI. Some of the implications are really quite profound. In this article, I will discuss some of the copyright and trade mark implications. The copyright issues of AI have been discussed by a number of people...

Montenegrin Competition Agency takes over State Aid control
Karanovic & Nikolic, March 2018

As of recently, state aid control is a part of theMontenegrin Competition Agency's (the "Agency") scope of authority...

South African High Court Rules That B-BBEE Mining Deals Do Not Need To Be Topped Up
ENSafrica, April 2018

Earlier this year, a full bench of the High Court of South Africa made a ground breaking ruling on the recognition of the continuing consequences of previous broad-based black economic empowerment (“B-BBEE”) ownership transactions in the mining industry...

Interview with Patricia Gannon: The Importance of Female Leadership in Law Today
Karanovic & Nikolic, March 2018

Patricia Gannon, founding partner at Karanovic & Nikolic, was recently appointed Chair of the European Forum at theInternational Bar Association...

New Islamic Banking Regulations to increase financial inclusion in Uganda
ENSafrica, April 2018

BackgroundThe Bank of Uganda recently released the Financial Institutions (Islamic Banking) Regulations (the “Regulations”), which were gazetted on 2 February 2018. The Regulations seek to operationalise Islamic banking in the country, which was introduced by The Financial Institutions (Amendment) Act, 2016 as part of its wider efforts to boost financial inclusion...

CENACE Announces Call to Bid for the Fourth Long-Term Power Auction in Mexico
Haynes and Boone, LLP, March 2018

On March 15, 2018, the National Center for Energy Control (“CENACE”) announced the fourth long-term auction for the purchase and sale of power, capacity, and clean energy certificates. The term of the contracts for power and capacity will be 15 years while the term for clean energy certificate contracts will be 20 years. The standard commercial operation date of the power generation projects awarded under the auction is scheduled for January 1, 2021...

Is Uganda ready for REITs?
ENSafrica, March 2018

Introduction The Ugandan Collective Investment Schemes (Real Estate Investment Trusts) Regulations, 2017 (the “REIT Regulations”) are the latest initiative by the Capital Markets Authority (the “CMA”) in Uganda...

Part-time Work
Afridi & Angell, March 2018

Now that the Ministry of Human Resources and Emiratisation has issued the new regulations addressing part-time employment, let us take a closer look at what this means. The new measure is Ministerial Resolution 31 of 2018. It does not address part-time work as such, but rather part-time work for someone other than the employee’s regular employer. Before this new measure was promulgated, the Labour Law accommodated part-time work for an employee working for only a single employer...

 

 

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