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Proposal for a Directive of the European Parliament and of the Council on Credit Services, Credit Purchasers and the Recovery of Collateral
Jeantet, June 2018

PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON CREDIT SERVICES, CREDIT PURCHASERS AND THE RECOVERY OF COLLATERAL On 14 March 2018 the European Commission issued a proposal for a Directive of the European Parliament and of the Council on credit servicers, credit purchasers and the recovery of collateral (the “Proposal”)...

Africa tax in brief
ENSafrica, June 2018

COMOROS: Treaty with United Arab Emirates enters into forceThe income tax treaty between the Comoros Islands and the United Arab Emirates, signed on 26 March 2015, entered into force on 2 January 2018 and generally applies from 1 January 2019...

Employers: Make Sure You Know Your ABCs
Dinsmore & Shohl LLP, June 2018

As seen in the San Diego Daily Transcript: In a unanimous decision, the California Supreme Court on April 30 addressed the standard to determine whether a worker is an independent contractor or an employee in wage and hour disputes under California’s Industrial Welfare Commission (IWC) wage orders.  In Dynamex Operations West, Inc. v...

Controlled foreign companies: look before you leap
ENSafrica, June 2018

Section 9D of the Income Tax Act, 1962 (the “Act”) is aimed at South African residents who directly or indirectly hold more than 50% of the total participation (broadly speaking shares) or voting rights in a foreign company. A foreign company in this context is classified as a controlled foreign company (“CFC”)...

Tips for Student Expulsion Hearings
Dinsmore & Shohl LLP, June 2018

Last week I attended a student expulsion hearing and it reminded me that now might be a good time to provide some tips to county boards of education on these hearings. As we all know,W. Va. Code 18A-5-1a andState Policy 4373 require that a student be afforded a hearing before the county board of education prior to being expelled. Specifically,W. Va...

Reducing the cost of transfer pricing compliance for MNEs
ENSafrica, June 2018

Many countries have become more focused on combating tax avoidance. As such, transfer pricing compliance has become much more burdensome due to substantial documentation requirements and multiple filing deadlines. Multinationals (“MNEs”) have to take action to control their transfer pricing risks, but the cost of doing so could substantially increase...

The Nuts and Bolts of West Virginia’s Opioid Reduction Act
Dinsmore & Shohl LLP, June 2018

In 2016, West Virginia had the highest death rate in the country from drug overdoses—primarily caused by opioids—at 52.0 for every 100,000 people.[1] The state was on track to exceed that number in 2017.[2] Seeking to enact policies that not only curb but reverse this upward trend, the West Virginia Legislature introduced a number of bills during the 2018 Regular Legislative Session that sought to address this disturbing epidemic. One of these, S.B...

Mauritius Supreme Court sheds some light on priority of tax claims in liquidations
ENSafrica, June 2018

In The Car Company Ltd (in Liquidation) v...

Serbia Amends Company Law
Karanovic & Nikolic, June 2018

The Serbian Parliament adopted amendments to the Serbian Company Law (Law) on 8 June 2018, and they were published in the official journal on the same date. This is the first overhaul of the Serbian Company Law since it was enacted back in 2011. Most of the amendments relate to the introduction of the concepts required for Serbia's accession to the EU (such as cross-border merger and European company forms)...

Open Banking: where next for the UK banking sector?
Shepherd and Wedderburn LLP, June 2018

In 1527, two inhabitants of the Royal Burgh of Haddington lent 1800 merks to the Abbey of Melrose, to be repaid by the Abbey to their bankers, in what is understood to be the first recorded reference to bankers in Scotland. Fast-forward almost 500 years to the present day and modern banking would be unrecognisable to the burgesses of Haddington...

Ohio Supreme Court Determines that Subrogation Applies to Third-Party Settlements Prior to WC Claim Allowance
Dinsmore & Shohl LLP, June 2018

On April 19, 2018, the Ohio Supreme Court determined in Bureau of Workers’ Compensation v. Verlinger (2018-Ohio-1481) that the provisions of Ohio Revised Code § 4123.931 (the subrogation statute) applied to third-party lawsuits prior to the actual establishment of the workers’ compensation claim...

Doing IP deals: licences and sales
ENSafrica, June 2018

With intellectual property (“IP”), the focus is often on protection (generally in the form of registration) and enforcement, which often takes the form of an infringement action. Yet, there is also always a great deal of transactional activity taking place in respect of IP assets. This activity tends to fly under the radar, but two recent deals have made the news. These deals are examples of two of the most common IP transactions: licences and sales...

Global Private Equity Review - China Fundraising
Han Kun Law Offices, June 2018

The concepts of venture capital (VC) and private equity (PE) were first introduced to China in the late 1980's. Ever since the 1990s, with the rapid growth of China's economy and the uprecedented expansion of start-ups, investments, and mergers and acquisitions, China's PE/VC industry has maintained a strong momentum and the number of PE/VC firms has grown exponentially...

Chocolate bar brawls
ENSafrica, June 2018

Over the past few years, we’ve reported on a number of legal battles involving chocolate bars such as Kit Kat and Toblerone. These cases have dealt with the shape or appearance of chocolate bars. Another “food fight” has erupted in the UK, and this time it involves a speciality chocolate manufacturer called Hotel Chocolat and the retail chain Waitrose...

Geographical Indications Of Origin In Serbia: Where The Past Fuels The Future
Karanovic & Nikolic, June 2018

This article was written by Dragomir Kojic, Partner ?, and Tamara Bubalo, Associate ?, and was originally published in Issue 5.2 of the CEE Legal Matters Magazine. To see the original article, please follow this link...

Celebrity IP: it can only be Messi
ENSafrica, June 2018

Celebrities have done a great deal to increase awareness of intellectual property (“IP”). The reason for this is simple: celebrities make significant use of IP and when they get into legal spats, their disputes make the news. The reason why celebrities are attracted to IP in the first place is equally simple: they know that they can use IP to significantly increase their wealth...

Privatisation Disputes
Karanovic & Nikolic, June 2018

This article was written by Milan Lazic, SeniorPartner?, and Milica Savic, Senior Associate?, and originally published in the"Reshaping the boundaries of arbitrability: Are we heading forward?" publication by the Permanent Arbitration at the Chamber of Commerce and Industry of Serbia...

DOJ to Reduce “Piling on” Penalties to Incentivize Corporate Voluntary Self Disclosures
Dykema, June 2018

On May 9, 2018, Deputy Attorney General Rod J. Rosenstein released a new “Policy on Coordination of Corporate Resolution Penalties” (“Policy”) in an effort to ameliorate the unwarranted “piling on” of penalties by the Department of Justice (“DOJ”) and other law enforcement agencies outside of the DOJ. The Policy’s teeth come in the form of the new section 1-12.100 to the United States Attorney Manual, which requires U.S...

Athletics Equipment Distributors Under Investigation For Failure To Notify Exclusivit
Karanovic & Nikolic, June 2018

Following a tip, the Serbian Competition Commission (the "Commission") recently started investigating the business relationship between GR Sport and Polanik, a Polish company, concerning an alleged infringement of competition – the conclusion of a restrictive agreement which was not notified for prior exemption under the applicable legal framework...

Getting The Deal Through – Shipbuilding 2018: England and Wales
Haynes and Boone, LLP, May 2018

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 seventh edition, published in May 2018, covers 13 jurisdictions. Leading practitioners from each jurisdiction answer the same key questions...

Striving Towards the Black Gold
Karanovic & Nikolic, June 2018

This article was written byPetar Mitrovic, Partner ?, andNikolina Kažic, Associate ?, and was originally published in Issue 5.2 of theCEE Legal Matters Magazine. To see the original article, please follow thislink.   The first upscale exploration of oil and gas in Montenegro started in 1914, when King Nikola Petrovic approved the National Assembly's decision for oil exploration around Lake Skadar...

Employers Triumph – Arbitration Class and Collective Action Waivers Are Enforceable – But What Should Employers Do?
Haynes and Boone, LLP, May 2018

In a landmark victory for employers, the Supreme Court of the United States held that agreements requiring employees to arbitrate claims on an individual basis are enforceable. The case,Epic Systems Corp. v. Lewis,1consolidated three different cases on appeal from the Fifth Circuit, Seventh Circuit and Ninth Circuit...

Montenegro To Publish A Tender For A 200 MW Solar Power Plant
Karanovic & Nikolic, June 2018

The Montenegrin Government plans to publish a tender for the lease of state land for the purpose of constructing a solar power plant in the municipality of Ulcinj. According to the announcement, the tender envisages a total of 6,621,121 square meters of land for the planning, construction, exploitation, and maintenance of a solar power plant at Briska gora, in the very south of Montenegro...

Employers Triumph – Arbitration Class and Collective Action Waivers Are Enforceable – But What Should Employers Do?
Haynes and Boone, LLP, May 2018

In a landmark victory for employers, the Supreme Court of the United States held that agreements requiring employees to arbitrate claims on an individual basis are enforceable. The case,Epic Systems Corp. v. Lewis,1consolidated three different cases on appeal from the Fifth Circuit, Seventh Circuit and Ninth Circuit...

The Superfund Task Force – One Year Later
Dinsmore & Shohl LLP, May 2018

It was this time last year that U.S. Environmental Protection Agency Administrator Scott Pruitt created a Superfund Task Force to “provide recommendations . . ...

South Africa’s unforgotten and relevant past (mind your language)
ENSafrica, May 2018

In the decision in Rustenburg Platinum Mine and SAEWA obo Meyer Bester and Others, the Constitutional Court dealt with the question of whether an employee referring to a colleague as a “swart man” (“black man”), within the facts set out below, constituted misconduct justifying dismissal.The adjacent large 4x4 vehiclesThe employee in this matter, Mr Bester, was employed by the Rustenburg Platinum Mine (the “employer”)...

An analysis of certain atypical, but predictable situations in the field of contractual liability. When can a framework agreement give rise to contractual liability?
Nestor Nestor Diculescu Kingston Petersen, May 2018

“The framework agreement is an agreement whereby the contracting parties define and establish the main rules and conditions that will govern future agreements that will be concluded between them and that are called agreements “for the application” or “for the enforcement” of the framework agreement.” (High Court of Cassation and Justice Decision n0...

Philippine Chapter of the International Comparative Legal Guide to: Trade Marks 2018
SyCip Salazar Hernandez & Gatmaitan, May 2018

The International Comparative Legal Guide to: Trade Marks 2018 Philippine Chapter Enrique T. Manuel and Vida M. Panganiban-Alindogan, SyCip Salazar Hernandez & Gatmaitan   1 Relevant Authorities and Legislation 1.1 What is the relevant trade mark authority in your jurisdiction? The Intellectual Property Office of the Philippines (IPOPHL) is therelevant trade mark authority. 1...

Additional Duties on Imported Vehicles and Parts May Result From New Investigation: Comment and Hearing Dates Imminent
Dykema, May 2018

Not long after President Trump announced that the U.S. would impose tariffs on steel and aluminum, the Department of Commerce launched an investigation that may lead to additional duties on imported vehicles and automotive parts. Effective May 23, 2018, the Department will now examine whether imports of vehicles and auto parts threaten U.S. national security...

Qatar Sanctions - New Developments
Afridi & Angell, May 2018

The political dispute between Qatar and its neighbors escalated on Saturday 26 May 2018 with the announcement by Qatar that it would impose a ban on goods from the four boycotting countries, the UAE, Saudi Arabia, Bahrain and Egypt. As we reported earlier, these four countries imposed a trade embargo on Qatar on 5 June 2017...

Does Your Bank’s Website Invite ADA Lawsuits?
Waller, May 2018

Does your bank have a website? Unless your bank uses an abacus to tally deposits, the answer is probably yes. If so, do you know if your bank’s website complies with the Americans with Disabilities Act (“ADA”)? Did you even know that your website might be subject to scrutiny under the ADA? Let’s discuss. Did you even know that your website might be subject to scrutiny under the ADA? Let’s discuss...

Cautious Optimism on 100 per cent Foreign Ownership
Afridi & Angell, May 2018

Recent media reports have suggested that 100 per cent foreign ownership of companies in the UAE will now be permitted. The reports are based on a government press release regarding a UAE Federal Cabinet (Cabinet) meeting held on 20 May 2018. The press release states that the Cabinet announced changes in the system of foreign ownership in the UAE allowing global investors to own 100 per cent of companies by the end of the current year...

CUSIP Clarity: MSRB Amends Rule to Exclude Direct Purchase Transactions from CUSIP Requirements
Dinsmore & Shohl LLP, May 2018

Effective on June 14, 2018, changes to Rule G-34 (the Rule) of the Municipal Securities Rulemaking Board (MSRB) will include an exception to the CUSIP requirements for certain direct purchase transactions with a bank or related entity (Direct Purchase Exception)...

Haynes and Boones Insurance Recovery Group Expands to East Coast
Haynes and Boone, LLP, May 2018

Barry Buchman, Adrian Azer and Greg Van Houten have joined Haynes and Boone, LLP’s Washington, D.C. office in the Insurance Recovery Practice, expanding the group’s presence coast-to-coast. Partner Barry Buchman brings more than 20 years of experience and looks forward to helping the practice flourish in Washington, D.C., and the East Coast...

Cyber Insurance for Financial Institutions
Fredrikson & Byron, P.A., May 2018

Many financial institutions already realize the importance of cyber insurance coverage, but a joint statement issued by the Federal Financial Institutions Examination Council (FFIEC) last month further emphasizes the need for inclusion of cyber insurance in your risk management program. Current regulations do not require banks to have cyber insurance coverage, but it can prove to be a critical policy as the number and sophistication of cyber incidents increase...

The Printed Matter Doctrine – Praxair Distrib., Inc. v. Mallinckrodt Hosp. Prods. IP Ltd.
Haynes and Boone, LLP, May 2018

InPraxair Distrib., Inc. v. Mallinckrodt Hosp. Prods. IP Ltd., 2016-2616, -2656 (Fed. Cir. May 16, 2018), in a decision authored by Judge Lourie, the Court of Appeals for the Federal Circuit held that the printed matter doctrine is properly applied during claim construction and can include not just printed matter, but also mental steps...

Supreme Court Upholds Class and Collective Action Waivers
Dinsmore & Shohl LLP, May 2018

In a much anticipated opinion, the Supreme Court on Monday held that class action waivers in arbitration agreements are enforceable. In a 5-4 decision written by Justice Neil Gorsuch, the Court stated that “Congress has instructed in the Arbitration Act that arbitration agreements providing for individualized proceedings must be enforced, and neither the Arbitration Act’s saving clause nor the NLRA suggests otherwise...

Supreme Court Approves Waiver of Class/Collective Actions In Arbitration Agreements. What Does it Mean for Employers?
Dykema, May 2018

Earlier this year, the U.S. Supreme Court issued its long-awaited decision in Epic Systems Corp. v. Lewis, resolving an issue on which several Courts of Appeals and various federal agencies and administrations had disagreed. At issue in Epic Systems (and two companion cases presenting the same issue: Ernst & Young LLP. v. Morris and National Labor Relations Board v. Murphy Oil USA, Inc...

Corporate Governance in advance of an IPO
BoardRoom Limited, May 2018

This chapter addresses a common mistake made during the initial public offering (IPO) process: corporate governance as an afterthought. Corporate governance plays a key role in preventing corporate crimes, adding shareholder value, ensuring financial health and assisting in long-term sustainable growth. This chapter includes (1) a comparison of Australia’s corporate governance regimes to similar corporate governance regimes in the U.S. and the U.K...

Comply or Face the Consequences! Contractual Compliance Required to Vary a Contract.
Haynes and Boone, LLP, May 2018

As Lord Sumption’s leading judgment of the Supreme Court inRock Advertising Limited v MWB Business Exchange Centres Limited[2018] UKSC 24 states, it is rare that modern litigation raises truly fundamental issues in the law of contract. This case, however, raisedtwosuch issues, although as a result of the Court’s decision on the first issue, it was not necessary to decide the “difficult” second issue...

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...

Media, Entertainment, and First Amendment Newsletter, May 2018
Haynes and Boone, LLP, May 2018

View a PDF of the May 2018 Edition of the Haynes and Boone Media, Entertainment and First Amendment Newsletter. Fox News v. TVEyesShows Fair-Use Defense Remains Risky Business “It seems to me that if there were any logic to our language, trust would be a four letter word...

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...

Health Law Vitals - A Healthcare Newsletter from Haynes and Boone, May 2018
Haynes and Boone, LLP, May 2018

View a PDF of the May 2018 edition of the Haynes and Boone Health Law Vitals newsletter. Healthcare Hazards Involving Medical Records During Bankruptcy Companies in the healthcare industry face many unique challenges when undergoing a bankruptcy, including challenges arising due to the federal and state law framework governing the use and disclosure of medical information. In February 2018, the U.S...

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...

Guidelines for Comprehensive Management of Waste Requiring Special Management in the Hydrocarbons Sector
Haynes and Boone, LLP, May 2018

TheADMINISTRATIVE PROVISIONS THAT SET FORTH THE GUIDELINES FOR COMPREHENSIVE MANAGEMENT OF WASTE REQUIRING SPECIAL MANAGEMENT IN THE HYDROCARBONS SECTOR(the “Guidelines”) were published in Mexico’s Federal Official Gazette on May 2, 2018 and became effective the following day...

 

 

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