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Gun jumping in merger cases – Important clarifications by the ECJ
Simonsen Vogt Wiig AS, July 2018

The European Court of Justice ("ECJ") on 31 May came with important clarifications regarding the implementation of mergers before merger clearance, so called "gun jumping." The topic often arises in merger cases where the parties have "signed the deal" but are awaiting clearance by the relevant competition authority...

“Seismic Shifts in Digital Technology:” Supreme Court Creates Exception to Third-Party Doctrine for Cell-Site Location Information
Dykema, June 2018

After not disturbing the Third-Party Doctrine for more than 40 years, the Supreme Court created a significant exception to it inCarpenter v. United States. Slip Op., 16-402 (Jun. 22, 2018). Under the Third-Party Doctrine, individuals who voluntarily provide personal information to third parties are deemed to relinquish their legitimate reasonable expectation of privacy in that information...

The Award of Administrative Contracts - New Benchmarks for Review Procedures
Nestor Nestor Diculescu Kingston Petersen, June 2018

After a sustained legislative marketing activity that started earlier this year, Government Emergency Ordinance 45/2018 amending and supplementing certain regulatory acts with impact on public procurement was published in the Official Gazette no. 459...

What The Supreme Court's Wayfair Ruling Means for Businesses
Dykema, June 2018

On June 21, 2018, the U.S. Supreme Court released its much-anticipated opinion inSouth Dakota v. Wayfair, Inc., in which it held that physical presence within a State is no longer a prerequisite to the imposition of liability on out-of-state sellers to collect and remit sales taxes. In doing so, the Court overruled two of its own earlier cases—National Bellas Hess, Inc. v. Department of Revenue of IllinoisandQuill Corp. v. North Dakota...

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...

Supreme Court Decides Fraud Perpetrator is Not Required to Reimburse Victim for Costs of Private Investigation
Dykema, June 2018

InLagos v. United States, 584 U.S. ___ (2018), the Supreme Court issued a unanimous ruling that limits the ability of corporate victims of fraud to seek reimbursement of legal fees for internal investigations. The case began when GE Capital discovered that Sergio Lagos falsified numerous invoices for his company, which he used as collateral to obtain tens of millions of dollars in loans from GE Capital...

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”)...

Anonymous Whistleblowers Make Millions for Reporting Their Own Companies to Federal Regulators
Dykema, June 2018

Ferdose al-Taie, Dallas-based senior counsel in Dykema’s Commercial Litigation group, authored the article “Anonymous Whistleblowers Make Millions for Reporting Their Own Companies to Federal Regulators,” forFOCUS, the quarterly newsletter of the Association of Corporate Counsel (ACC) South Central Texas Chapter. In the article, al-Taie shines a light on the ins and outs of Dodd-Frank Whistleblower awards and who is eligible for consideration...

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

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

Texas Supreme Court Holds: No Cause of Action for Interference With Inheritance Rights
Dykema, June 2018

On June 22, 2018, in a 5-4 decision, the Supreme Court of Texas settled a conflict in appellate court rulings by holding there is no cause of action in Texas for intentional interference with inheritance...

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 Compliance Challenges of Cross-Border Deals
World Services Group, June 2018

(Article submitted from June 13, 2018 Compliance Week, authored by Joe Mont) The business world continues to be a multinational place, with marketplaces and supply chains that cut across national borders. Global expansion efforts have also spawned a growing desire for cross-border deal making. These mergers and acquisitions, however, are easily complicated by language and cultural differences, in addition to local politics and regulatory regimes...

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...

Serbia Amends Company Law
Karanovic & Nikolic, June 2018

The Serbian Parliament adopted amendments to the Serbian Company Law (Law), 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)...

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...

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...

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...

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...

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...

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...

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...

Privacy is Dead
TSMP Law Corporation, June 2018

But we never wanted it anyway, muses Adrian Tan. Over the past few weeks, our inboxes were bombarded by emails about privacy. Companies wrote to us, in a state of panic, because of the General Data Protection Regulation. That is a new European Union law that came into force on 25 May 2018. Among the many things that the GDPR does is to regulate the export of personal data outside the EU...

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

Geographical indication of origin, this very peculiar form of industrial property protection, has undergone a revival phase over the past few years, thus becoming more omnipresent not only within the circles of interest, but also amongst the Serbian public at large. Although, up to this day, there are only a few dozen geographical indications of origin registered before the Serbian Intellectual Property office, for a country of little over 7 million spread over 80...

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...

Striving Towards the Black Gold
Karanovic & Nikolic, June 2018

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. The first well in the area of Crmnica dates back to 1922 – although it produced nothing of significance. In later researches of the Montenegrin offshore, the existence of geological structures with the potential for hiding hydrocarbon deposits was confirmed...

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...

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,1 consolidated three different cases on appeal from the Fifth Circuit, Seventh Circuit and Ninth Circuit...

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...

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...

Privatisation Disputes
Karanovic & Nikolic, June 2018

This article will focus on the experience in practice and the evolution of privatizations of state and socially owned companies in Serbia in the period of transition and will assess the boundaries of arbitrability of disputes that arise out of the termination of privatization agreements. The term arbitrability will be analysed from a broader perspective, as opposed to the traditional and commonly used meaning of this term - whether a certain dispute is suitable for arbitration...

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, 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 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. The measures that were introduced prohibited the direct shipment of goods and the direct transport of passengers to or from Qatar and closed the land border between Qatar and Saudi Arabia...

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, 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...

 

 

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