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Norwegian Legal Update, Summer 2021 – ESG Compliance
Simonsen Vogt Wiig AS, July 2021

What is to come: new ESG reporting requirements Norway introduced legislation presenting social reporting requirements already in 2013 through the introduction of section 3-3 of the Norwegian Accounting Act in anticipation of the Non-Financial Reporting Directive 2014/95 (NFRD)...

Developments in the Russian Merger Control Rules: Liberalization of Thresholds and Approval of the FAS’ Merger Guidelines
ALRUD Law Firm, July 2021

For over five years, the Russian merger control landscape has been a quiet place, occasionally disturbed by high-profile mergers which required a king-sized approach and the use of international cooperation tools. In 2021, following a change in the Federal Antimonopoly Service’s (“FAS Russia”) senior management, decisions have been taken which signal a shift within Russian merger control legislation and practice...

Rural Businesses and Easing COVID-19 Restrictions in Scotland
Shepherd and Wedderburn LLP, July 2021

The Scottish Government has published its route map out of lockdown, legislating five levels, each imposing increasingly tougher restrictions. As at 19 July, the whole of Scotland moved to Level 0, with cautious optimism that most legal restrictions might be removed entirely in August. However, in the meantime, the move to Level 0 does not mean that everything returns to how it was pre-pandemic – there will remain a level of restrictions and compliance points that must be met...

Bill 78 and the Notion of Ultimate Beneficiary
Lavery Lawyers, July 2021

Bill 78 was introduced in December 2020 by Minister Jean Boulet and given assent on June 8, 2021. It amends the Act respecting the legal publicity of enterprises (the “Act”) and its regulation, the Regulation respecting the application of the Act respecting the legal publicity of enterprises (the “Regulation”)...

Health Care Noncompetes Are Under Attack
Dinsmore & Shohl LLP, July 2021

On July 9, 2021, President Joe Biden signed a wide-ranging executive order entitled “Promoting Competition in the American Economy.” One key element of the executive order is to address noncompete covenants that the White House characterized as stifling competition between companies. Section 5(g) encouraged the FTC to draft rules which seek to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility...

What Cartel Enforcement Under Biden’s DOJ Might Look Like, Law360
Hunton Andrews Kurth LLP, July 2021

UAE FDI: Latest Developments
Afridi & Angell, July 2021

Since our 4 July inBrief on the UAE permitting 100 per cent foreign ownership for certain activities, there have been some significant developments which we will discuss below. List of Strategic Impact Activities The UAE Cabinet has now issued a list of strategic impact activities and the rules for licensing companies that engage in any of the listed strategic impact activities...

Further Streamlining of Canadian Patent Examination on the Horizon
Lavery Lawyers, July 2021

Canadian Patent Practice has undergone several changes in recent years, in many cases to fulfill the requirements of various international treaties / agreements, including those of the Patent Law Treaty (PLT) and the Comprehensive Economic and Trade Agreement (CETA)...

Insurer’s Duty to Defend: The Court Rules in a Case of Contractual Breach
Lavery Lawyers, July 2021

The question of insurers’ duty to defend is back in the spotlight. On March 18, 2021, the Superior Court once again considered the issue in its application of the law to facts relevant to the dispute.1 Facts In April 2016, Cégerco Inc. (“Cégerco”), a general contractor, retained the services of Construction Placo Inc...

UBO Registration: It’s Time to Comply or Risk being Penalised
Afridi & Angell, July 2021

The UAE has introduced new administrative sanctions on all entities that fail to comply with the requirements of Cabinet Decision 58 of 2020 concerning the Regulation of Real Beneficiary Procedures (Decision 58 of 2020). Issued on 23 May 2021, Cabinet Decision 53 of 2021 (Decision 53 of 2021) empowers the Ministry of Economy and the relevant licensing authorities in the UAE to administer various penalties on violators of Decision 58 of 2020...

Corporate Criminal Liability – Change is Coming
Shoosmiths LLP, July 2021

Holding companies to account: criticism of the current criminal framework Over time and bit by bit the UK’s approach to corporate criminal liability is being narrowed. The issue has long been debated with many commentators agreeing that the current criminal legal framework is far from satisfactory at holding corporate organisations to account for instances of criminality when those crimes are committed on behalf of, or in the name of, the company...

Biden Executive Order Calls for Ban on Noncompete Agreements
Dinsmore & Shohl LLP, July 2021

On Friday, July 9, 2021, President Joe Biden signed an executive order directing various federal agencies to implement 72 specific actions intended broadly to increase competition in the American economy. The executive order is intended to impact a wide range of economic activity, including mergers and acquisitions, occupational licensing, anticompetitive behavior, and prices of medical devices and prescription drugs...

China’s New Guidelines – Good News for Software Patents
Deacons, July 2021

Did you know? The Chinese National Intellectual Property Administration (CNIPA) recently revised the Examination Guidelines for software patents including artificial intelligence (AI), big data and blockchain. Why does this matter to you? These new Examination Guidelines provide much needed clarity as to the boundaries of patentable subject matter in China...

New Tax Disclosures Under Revised Overseas Investment Regime Now in Effect
MinterEllisonRuddWatts, July 2021

From 5 July 2021, overseas investors looking to acquire significant New Zealand business assets must make new tax disclosures as part of their application under the Overseas Investment Act 2005. As signalled in an earlier alert, these requirements are intended to provide Inland Revenue with the information it considers necessary or relevant to the administration or enforcement of the Income Tax Act 2007. We explain these requirements below...

What Should Businesses Do About the Recommendation to Wear Masks in Indoor Public Spaces Until Fully Vaccinated?
Lawson Lundell LLP, July 2021

B.C.’s Provincial Health Officer, Dr. Bonnie Henry,[1] and the Public Health Agency of Canada,[2] have recommended that individuals who are not fully vaccinated[3] continue wearing masks in indoor public spaces. At the same time, public authorities are providing little to no guidance on how or when businesses can continue mask requirements...

Start-Ups and Intellectual Property (IP): Costly Missteps to Avoid
Lavery Lawyers, July 2021

In the second entry of this three-part article series, we share with you the next set of intellectual property (IP) –related mistakes (mistakes # 6 to # 9) that we regularly see with startups. We hope you will find it useful for your business. Please be sure to read our first entry in this series, where we go over mistakes # 1 to # 5...

Legal Framework for Startups is Sanctioned
Veirano Advogados, July 2021

Complementary Law No. 182 was sanctioned on June 01, 2021, with the goal of improving the business environment and increasing the investment in entrepreneurship and innovation through the modernization of rules and enhancement of legal certainty and freedom of contract. Complementary Law No...

Introduction of a New National Product Traceability System in Russia
ALRUD Law Firm, July 2021

From 1st July 2021, the brand-new national product traceability system in Russia will become mandatory in addition to the already existing Chestny ZNAK. The new system provides for reporting of data on turnover of the selected consumer products directly to the local tax authorities. The system will significantly affect the businesses of the concerned local companies and counterparties of the foreign suppliers...

The Copying of a Brand…Lidl by Lidl
ENSafrica, July 2021

A lot has been written about the Scottish case where William Grant sued the budget supermarket chain Lidl for trade mark infringement. The issue Lidl is selling a gin that one imagines was intended to look rather a lot like the well-established Hendricks gin. This Lidl gin is called Hampstead, although the similarity between the two products relates as much to get-up as to the (surely not coincidental) choice by Lidl of a nine-letter name that starts with the letter H...

Does Your Company Need a DPO and Who to Appoint?
Kudun and Partners, July 2021

In many aspects, the Personal Data Protection Act B.E. 2562 (2019) (the “PDPA”) has posed considerable challenges to organizations. One of the biggest concerns and the most frequently asked questions center around the concept of data protection officer (“DPO”). Though the obligations regarding the appointment of a DPO apply to both data controllers and data processors, it is important to note that not every organization needs a DPO...

Doing Business in Peru - REM
Rodrigo, Elias & Medrano Abogados, July 2021

For the past 25 years, Peru has been undergoing comprehensive economic growth, followed by a modernization and development process, which includes the establishment of a reliable legal framework geared towards maintaining the stability required to promote private sector activity and investment. This continuous growth has been the best incentive to attract substantial foreign investment in various industries...

Phase 3: Has Your Workplace Transitioned its COVID-19 Safety Plan to a Communicable Disease Prevention Plan?
Lawson Lundell LLP, July 2021

On July 1, 2021, B.C. moved into Step 3 of its COVID-19 Restart Plan. As part of this phase, B.C. employers are no longer required to maintain a WorkSafeBC approved COVID-19 Safety Plan. Instead, they are required to transition to a Communicable Disease Prevention Plan.  What is a Communicable Disease Prevention Plan? It is a plan that outlines the steps an employer is taking to reduce the risk to their workers from communicable diseases in their workplace...

UAE FDI: The Doors are Open to Foreign Investors but What are the Practical Considerations?
Afridi & Angell, July 2021

As most readers will now know either via the press or through other legal publications, the requirement for a limited liability company (LLC) to have at least 51 per cent UAE national ownership was removed on 30 March 2021 pursuant to Federal Decree-Law 26 of 2020 (Decree Law).   Under the Decree Law, local licensing authorities (i.e...

The EU’s IP Action plan: Lessons for Africa?
ENSafrica, July 2021

At the end of November 2020, the European Commission published a plan for getting the EU out of the mess that it’s in as a result of COVID-19. The report is entitled “.” Although the report is aimed at European authorities and businesses, there are aspects of the plan that have general application...

What the Law Says about ‘Copycat’ Brands
Shepherd and Wedderburn LLP, July 2021

From caterpillar cakes and “anti-establishment” IPA beer to gin, the issue of “copycat” own brands has been thrown into the spotlight by a series of recent court actions involving some of the country’s best-known food and drink producers and discount supermarket chains...



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