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Revised Telecoms Legislation Enters Into Force
Walder Wyss Ltd., January 2021

Parliament has revised the federal telecoms legislation – in particular, the Federal Telecommunications Act (TCA) and its various implementing ordinances. These revised regulations entered into force on 1 January 2021. The revision of the telecoms legislation brings about several fundamental changes that affect consumers as well as telecoms service providers (TSPs) and telecoms operators...

The Regulatory Sprint is Over - What’s at the Finish Line Under the New Stark and AKS Final Rules?
Verrill, January 2021

The U.S. Department of Health and Human Services (HHS) completed its “Regulatory Sprint” by finalizing changes to regulations pertaining to two federal fraud and abuse laws. On December 2, 2020, the Centers for Medicare & Medicaid Services (CMS) published a final rule revising regulations to the Stark Law. The Stark Final Rule adds, modifies and clarifies key definitions and exceptions...

Power to the Contract
TSMP Law Corporation, January 2021

A recent court of appeal decision has definitively clarified the test for assessing the enforceability of liquidated damages clauses in Singapore. Contracting parties intending to incorporate liquidated damages clauses must be mindful of the type of damages that may be recovered in the event of default, especially when exercising a contractual right to terminate the contract...

Enhanced Rights Issue Framework: Temporary Relief Measures to Facilitate Fund Raising by Listed Issuers.
Shearn Delamore & Co., January 2021

In this article, Gan Shao Qi discusses some of the recent measures announced to facilitate fund raising by listed issuers through a rights issue in Malaysia to assist companies and businesses that require access to immediate funding due to Covid-19...

Rome was not Built in a Day – It’s Never Too Early to Review your Personal Data Protection Practice in China!
Deacons, January 2021

Did you know? The long-awaited draft of the Personal Data Protection Law (PDPL) was released for public consultation in October 2020. If enacted, it will be the first comprehensive law setting out the overall legal framework, as well as the obligations of different stakeholders throughout the entire lifecycle of personal data in China. Why does this matter to you? The data protection regime in China has developed rapidly in recent years and is stricter than one might think...

The BCA Suspects Caudalie of Imposing Minimum Resale Prices on its Distributors
ALTIUS/Tiberghien, January 2021

Over the last 4 years, the Belgian Competition Authority (“BCA”) has increasingly scrutinised anticompetitive restraints in vertical agreements and assessed these restraints under Article IV.1 of the Belgian Code of Economic Law and Article 101 TFEU...

2021: In Which We Rise from the Ashes of the Pandemic - Goodbye, Annus Horribilis?
TSMP Law Corporation, January 2021

If anyone had told you that 2020 would be a year in which you are virtually guaranteed a lie-flat bed in economy class, businesses instructed employees not to come into the office, and budget supermarket Sheng Siong’s shares outperformed bank blue chip DBS’s, you would have sent the chap to have his head checked.But as the new coronavirus spread worldwide, the ensuing Covid-19 pandemic forced billions into lockdown...

A “Stimulus” to “Modernize” Intellectual Property
Buchalter, December 2020

On December 27, 2020, President Trump signed the “Consolidated Appropriations Act, 2021” into law. Most referred to this as the Coronavirus Relief Bill and thought that it only contained a stimulus package. However, within it, were also changes to intellectual property law...

Social Mobility in 2020: An Update
Shoosmiths LLP, December 2020

As part of our ongoing focus on social mobility, we look at the impacts of the pandemic on existing and new social mobility challenges, how we're responding, and what businesses can focus on in 2021. 2020 has been a year like no other. The way we live, work, and connect has changed significantly. The way we do business continues to evolve...

Five Reasons why Collaborating will Create a Better Future for Everyone
Shoosmiths LLP, December 2020

Reid Hoffman is an American-based venture capitalist, author and entrepreneur at Greylock Partners who is best known for being the co-creator of the social network, LinkedIn...

BSP Issues Guidelines on the Establishment of Digital Banks
SyCip Salazar Hernandez & Gatmaitan, December 2020

The Bangko Sentral ng Pilipinas (BSP, the Central Bank of the Philippines) has issued Circular No. 1105, Series of 20201 (Digital Bank Circular) dated December 2, 2020 to provide guidelines on the establishment of digital banks. This circular took effect on December 23, 2020 and was promulgated pursuant to the Monetary Board’s authority under Section 3.2(g) of the General Banking Law of 2000 to create other classes of banks...

Bird’s-Eye View on the Amendments to the Brazilian Insolvency Law
Veirano Advogados, December 2020

On December 24, 2020, the Brazilian President sanctioned, with some vetoes, an amendment to Law 11,101/2005, which governs judicial reorganizations, pre-packaged reorganizations and bankruptcy liquidations of businessmen and companies. The vetoes can still be overthrown by the Brazilian Congress...

Post Brexit: How Are Your Trade Marks Impacted?
Deacons, December 2020

The Agreement on the Withdrawal of the United Kingdom (UK) from the European Union (EU) provides for a transition period ending on 31 December 2020. Thereafter, EU trade marks (EUTM) will cease to extend protection to the UK. To safeguard these rights, the UK government has implemented measures to ensure that EUTM owners will continue to enjoy trade mark rights in the UK. Trade mark rights registered as of 31 December 2020 will be automatically cloned into national UK registrations...

Best Practices: Change Orders — Things to Watch for in Negotiations
Bradley Arant Boult Cummings LLP, December 2020

It is the rare construction project that is completed without any change in the work. In most sophisticated construction projects, the contractual mechanism for managing these changes involves the issuance of a change order. However, managing change orders is not something project teams are always well-trained on, which can cause issues for small and big contractors alike...

Buchalter COVID-19 Client Alert: San Francisco Commercial Eviction Moratorium Update
Buchalter, December 2020

  In an update to our client alert from November 30 regarding the San Francisco commercial eviction moratorium previously passed by the Board of Supervisors, we note that, following our publication of the client alert, the Board of Supervisors, on December 1, amended the moratorium to clarify previous language on a retail tenant’s right to terminate its lease that was ambiguous...

A Year of Long Tails and Shop Windows
MinterEllisonRuddWatts, December 2020

The direction of travel in M&A activity and litigation in 2021 Coming to the end of what can safely be described as an unprecedented year, we look ahead to 2021, alive to the fact that predictions are, at best, difficult. While we are currently sailing in relatively calm waters, with economic indicators better than predicted, most commentators agree that a storm is approaching. We simply do not know when or how it will hit...

The Arrival of the Long Awaited KBLI Numbers in Fintech
Makarim & Taira S., December 2020

On 24 September 2020, Statistics Indonesia (Badan Pusat Statistik - “BPS”) issued BPS Regulation No. 2 of 2020 on Indonesian Standard Business Classifications (Klasifikasi Baku Lapangan Usaha Indonesia - “KBLI”), which is known as the 2020 KBLI. The 2020 KBLI came into force on its issuance date and revoked BPS Regulation No. 95 of 2015 on the KBLIs, as amended by BPS Regulation No. 19 of 2017, which is known as the 2017 KBLI...

Brief Introduction to Indonesia’s Job Creation / Omnibus Law on Broadening of the Investment Ecosystem and Business Activities, the Ease of Doing Business and Acceleration of National Strategic Projects Oriented Towards National Interests
Makarim & Taira S., December 2020

Law No. 11 of 2020 on Job Creation (the “Job Creation Law” or known as the Omnibus Law) was issued and came into effect on 2 November 2020. It is mainly based on the principles of the equalization of rights, legal certainty, greater ease of doing business, togetherness, and independence...

New KPPU Guidelines on Merger Control Rules
Makarim & Taira S., December 2020

KPPU has recently issued its long-anticipated guidelines on the Indonesian merger control rules (“KPPU Guidelines”) under KPPU Regulation No. 3 of 2019 on The Assessment of Mergers or Consolidations of Business Entities or Acquisitions of Shares in Companies (“KPPU Regulation 3/2019”) issued at the end of last year. The guidelines are relatively long and detailed (almost 100 pages), and some of their content is still subject to the KPPU’s interpretation...

Regulating the Growth of Electronic and Digital Banking Services
Makarim & Taira S., December 2020

With the rapid development of technology and the rise of new finance products and players in the fintech industry, banks are pushed to produce new products and innovative services in order to serve their customers and keep abreast of the behaviour of consumers who appreciate the convenience of digital services. In response to this, the Financial Services Authority (Otoritas Jasa Keuangan -- OJK) has issued OJK Regulation No. 12/POJK...

The Indonesian Government’s Relaxation for Foreigners Entering Indonesia
Makarim & Taira S., December 2020

On 29 September 2020, the Minister of Law and Human Rights (“MOLHR”) issued Minister of Law and Human Rights’ Regulation Number 26 of 2020 on Visas and Stay Permits During the Adaptation to the New Normal Period (“MOLHR Reg. No...

SFC Issues FAQs for Compliance with Electronic Data Storage Rules
Deacons, December 2020

On 10 December 2020, the Securities and Futures Commission (SFC) issued Frequently Asked Questions (FAQs) providing guidance to licensed corporations(LCs) on how to meet the obligations in its 31 October 2019 circular on use of external electronic data storage providers (EDSP). The SFC also made consequential amendments to its Frequently Asked Questions on the premises for business and record keeping...

OECD Releases Helpful New Guidance on Transfer Pricing During the Pandemic
Arendt & Medernach, December 2020

It is clear that government restrictions and trading difficulties have created an environment in which existing transfer pricing policies will not always be appropriate. The OECD has done well to reach rapid consensus among its members on four key transfer pricing topics, namely: comparability analysis, losses and the allocation of COVID-19-specific costs, government assistance programmes and advance pricing agreements (APAs)...

Employee Benefits & Executive Compensation 2020 Year-End Client Advisory
Verrill, December 2020

Click here to view as a PDF. This Client Advisory highlights important developments in the law governing employee benefit plans over the past year. It offers insight into what these developments mean for employers and plan sponsors and previews developments we expect to see in 2021...

Steps for Proactive CPRA Compliance
Bradley Arant Boult Cummings LLP, December 2020

California voters signaled that privacy is a top priority by overwhelmingly approving Proposition 24 on Nov. 3, 2020—the California Privacy Rights Act (CPRA). The CPRA amends and significantly strengthens the recently enacted California Consumer Privacy Act and moves California's privacy laws toward those of the EU General Data Protection Regulation (GDPR)...

 

 

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