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Investing in the Slovenian Automotive Production Industry
Karanovic & Partners, June 2019

This article was written by Igor Angelovski and was originally published in Issue 6.2 of the CEE Legal Matters Magazine. “If you are a company conducting business in the automotive industry with intentions of expanding on the European market, where do you look? The answer may be the Central European country of Slovenia...

Tariff Increase for $200B of Chinese Imports Announced and Process for Importers to Request an Exemption Forthcoming
Dinsmore & Shohl LLP, May 2019

The Trump administration’s significant escalation of the trade dispute with China after months-long U.S.-China trade talks have faltered is a major news headline as the week concludes. The U.S. followed through on its warnings and increased tariffs on an estimated $200 billion of Chinese goods from 10 percent to 25 percent starting May 10th. At the same time, the U.S. announced importers will be able to apply for an exemption from these tariffs...

Diligence: Early Involvement Pays
Shepherd and Wedderburn LLP, April 2019

Coordinating cross-border due diligence is a key skill that more often than not underpins complex, multi-jurisdictional merger and acquisitions (M&A) and private equity (PE)-led transactions. Where due diligence really adds value is in the early stages of the transaction, when local knowledge and expertise are vital to understanding the context of data room information...

Stopping Issues from Becoming Crises: Best Practice for Food Business Operators
Shepherd and Wedderburn LLP, April 2019

The presence of a small amount of undeclared sesame in a particular product may seem trivial but, for those who are allergic, it can provoke a major reaction. Such was the predicament faced by Pret a Manger in July 2016, following the death of Natasha Ednan-Laperouse that same month due to the undeclared presence of sesame in a Pret baguette...

Are Prayer Outfits Eligible for Copyright Protection?
Shearn Delamore & Co., January 2019

Some may be wondering what a “telekung” is as it is probably not a common term. A Telekung is a Muslim prayer outfit for females. The general perception of prayer outfits is that they are dull and unfashionable as they have to be modest rather than trendy. However, there has been a drastic shift in the fashion industry in recent years where there are an increasing number of fashionable yet modest clothes in both local and international markets...

FDA Releases Medical Device De Novo Pathway Proposed Rule
Dinsmore & Shohl LLP, December 2018

On December 7, 2018, the Food and Drug Administration (FDA) released a Proposed Rule that clarifies procedures and criteria for the de novo medical device clearance pathway.  In a statement accompanying the Proposed Rule, FDA Commissioner Scott Gottlieb stated FDA believes the Proposed Rule will help facilitate classification of innovative low- to moderate-risk novel medical devices by providing more structure, clarity, and transparency to the de novo pathway...

BIS Requests Public Comment on Emerging Technologies to be Subject to Increased Export Controls
Dinsmore & Shohl LLP, November 2018

On Nov. 19, 2018, the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce issued an Advance Notice of Proposed Rulemaking[1] requesting public comment on criteria for identifying emerging technologies essential to U.S. national security that would be subject to increased export controls...

Manufacturer CMP and 340B Ceiling Price Rule to Become Effective on January 1, 2019
Dinsmore & Shohl LLP, November 2018

Today the Health Resources and Services Administration (HRSA) issued a notice of proposed rulemaking (NPRM) that will end HRSA’s delays in implementing a January 5, 2017 final rule concerning 340B drug price calculations and civil monetary penalties (CMPs) against manufacturers who knowingly and intentionally overcharge 340B covered entities for 340B drugs (the Final Rule)...

Gender-Neutral Construction Contracts: The Future Norm?
Shepherd and Wedderburn LLP, September 2018

Lawyers are often criticised for using overly complex legal and technical wording in contracts. The purpose of a contract is, amongst other things, to clearly set out the rights and obligations of the contracting parties, and to limit uncertainty during the particular project. To this end, it is important to use plain English in contract drafting and as a general rule, to use short sentences, defined terms and a clear and logical structure...

Exemption Requests and Deadlines for US Casualties of the Escalating Trade War
Dinsmore & Shohl LLP, September 2018

Months into the United States’ trade dispute with China, and there is no end in sight to the dispute.  There are three significant deadlines for U.S. importers to consider involving the tariffs the U.S...

Impact of CA Prop. 65 on Manufacturers and How They Can Use the New "Safe Harbor" Warning Provisions That Became Operative
Hunton Andrews Kurth LLP, September 2018

California’s “Prop. 65”1 is the law responsible for the ubiquitous chemical warning labels and signs that California consumers encounter on a daily basis. At its core, Prop. 65 prohibits businesses with 10 or more employees from knowingly and intentionally exposing Californian’s to chemicals known to the State of California to cause cancer or reproductive harm without first providing them a “clear and reasonable” warning...

California Supreme Court Ruling Favoring Product Manufacturers Echoes Amicus Brief
Haynes and Boone, LLP, September 2018

Earlier this year, in Kim v. Toyota Motor Corp., the California Supreme Court delivered a significant win to product manufacturers concerning the admissibility of industry custom and practice evidence in a strict product liability design defect action. Haynes and Boone, LLP Partner M.C...

New Changes to California Prop 65: What Oregon and Washington Manufacturers Must Do to Comply
Schwabe, Williamson & Wyatt, September 2018

As a business owner in the Pacific Northwest, you likely have heard of the changes to California’s regulations regarding warning labels on consumer products, Proposition 65, which takes effect August 30, 2018.  Your business may be affected by the changes if your business conducts any consumer product-related business in California...

Challenging an Award of the Industrial Court
Shearn Delamore & Co., August 2018

The Industrial Court is a creature of statute. In determining a particular dispute, the Industrial Court must act in accordance with the purposes and express provisions of the Industrial Relations Act 1967 (“Act”). The Court must also act according to “equity, good conscience and the substantial merits of the case without regard to technicalities and legal form” [1]...

Providing for Concurrent Delay: Contract Provision Trumps Common Law Principle
Shepherd and Wedderburn LLP, August 2018

In North Midland Building Ltd v Cyden Homes Ltd, the Court of Appeal held that an express contractual term allowing an employer to levy liquidated damages for periods of concurrent delay took precedence over a common law principle known as the prevention principle. Background Cyden Homes Limited (CH) employed a contractor, North Midland Building Limited (NMB), to design and build a large house in the Midlands, under a JCT Design and Build construction contract...

A New Hurdle in Prop. 65 Compliance: Inter-Supply Chain Information Requests
Verrill Dana, LLP, August 2018

Most industry professionals are aware that a revised set of California Proposition 65 or “Prop. 65” regulations will take effect at the end of the month on August 30, 2018.  Prop. 65 is a so-called right-to-know statute that, among other things, requires manufacturers and retailers to provide any California consumer with a “clear and reasonable” warning prior to exposure to a chemical identified on a list developed and maintained by a California agency...

Manufacturing and Consent: Issues With Prefabrication at Scale
MinterEllisonRuddWatts, July 2018

This month in our Prefab series we take a glimpse at how the current building consent regime applies to prefabrication at scale – manufacturing at home or offshore. Manufacturing homes at scale – Multiproof The Building Act 2004 provides for what is commonly referred to as MultiProof approval...

Getting The Deal Through - Shipbuilding
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, covers 13 jurisdictions. Leading practitioners from each jurisdiction answer the same key questions...

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...

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...

MSHA 2017 Year End Review
Dinsmore & Shohl LLP, March 2018

This article provides a brief review of MSHA enforcement data and a look at MSHA’s regulatory agenda. MSHA Enforcement Data (data from January 1, 2017 to December 31, 2017) MSHA issued 104,412 enforcement actions to mine operators in 2017, an increase of approximately 11,793 or 11.3 percent from 2016. Of these, 58,083 (or 55.63 percent) were issued to metal/nonmetal operators while 46,329 (or 44.37 percent) were issued to coal operators...

Contracting Is More than Standard Terms and Conditions
Dykema, February 2018

Strong contracting processes and communications which establishes clearly the expectations of each of the parties reduces disputes and costs and strengthens relationships. The key to strong contracting processes is to approach contracts in a holistic manner making sure all documents interconnect in a logical uniform manner. Because manufacturing processes can be complex, this is often not as easy as it sounds...

Manufacturers of Luxury Goods May Prohibit Their Authorized Dealers From Selling Their Products via Third-Party Platforms Online
Heuking Kühn Lüer Wojtek, January 2018

As of now, manufacturers in the premium segment – for example in the area of cosmetics, cars, and luxury goods – can prohibit their selective sales partners from reselling goods via platforms such as Amazon, eBay, etc. to maintain the luxury image of the contractual goods...

U.S. International Trade Commission Finds Domestic Solar Manufacturing Companies Harmed by Foreign Imports
Dykema, December 2017

The U.S. International Trade Commission (“ITC”) issued a determination at the end of 2017, finding that solar panel imports are hurting domestic businesses that operate in the solar industry. The ITC’s determination was issued in connection with a trade case filedby a Georgia-based company, Suniva, Inc., shortly after filing for bankruptcy protection. SolarWorld Americas, Inc. joined Suniva’s petition...

UK Industrial Strategy
Shepherd and Wedderburn LLP, November 2017

 Understandably, representatives for the oil & gas sector were keen to input into the strategy. Stakeholders believe that a purposeful collaboration between the industry and Government and a commitment to a combined effort will ensure that the infrastructure already in place can be used to benefit the UK in the future. Green Paper The green paper set out proposals for discussion and consideration and was an invitation to others to contribute...

Changing How Products Get From the Manufacturer to the Customer: Common Questions and Risks
Haynes and Boone, LLP, September 2017

  It starts with the best of intentions: A startup medical device company has just sold to a larger enterprise with an established sales team and customer base and no longer needs distributors. A consumer packaged goods company has just bought a brand and needs to transition to a new team of brokers. A growing company is finally ready to take its supply chain captive, including the distribution of products to customers, and no longer needs small distributors or sales representatives...

Chile Offers Manufacturing Incentives to Promote the Development of Lithium Products
Carey, May 2017

The Chilean Economic Development Agency, Corfo, and the Foreign Investment Promotion Agency, InvestChile, have announced the opening of the first call for national and foreign companies, to express their interest in manufacturing lithium products, such as battery cathodes and electrolytes. Companies that are selected will be guaranteed 25 per cent of US producer Albemarle’s lithium production at the lowest cost available in the market...

The Obligation to Tender For Non-Eligible Parts of a Construction Project
Heuking Kühn Lüer Wojtek, April 2017

The Oberlandesgericht Celle has recently adopted a decision that is likely to be of particular interest to hospitals which are not, in principle, public contracting authorities within the meaning of the law, but which are used by public authorities to pay more than 50 percent for the construction of hospitals pursuant to Section 99, 4 of the GWB (decision ref. 13 G 8/16). In the decided case, the client planned to modernize a hospital in three construction phases...

Gorenje Zagreb Fined For Resale Price Maintenance
Karanovic & Partners, March 2017

Resale price maintenance and price-fixing has been and still is under scrutiny by the Croatian Competition Agency (the "Agency"). Carrying on from a number of high-profile cases, in February 2017 the Agency fined Gorenje Zagreb, a subsidiary of Slovenia's premier manufacturer of household appliances for HRK 1,557,000 (approximately EUR 206,000)...

When Different Treatment is the Most Fair – Inland and Coastal Refineries and the Cost of Transporting Oil
ENSafrica, October 2016

The recent Supreme Court of Appeal (“SCA”) case of Transnet v Total is important not only for those in the petroleum industry, but also, more generally, when it comes to aspects of competition and discrimination, as well as the impact of changes in the law on existing contracts and vested rights...

EU Commission Investigates Planned Combination Of Bosnian And Croatian Cement Producers
Karanovic & Partners, October 2016

The European Commission has opened an in-depth merger investigation into the planned acquisition of Cemex Croatia by Duna-Drava Cement ('DDC'). Registered in Hungary, DDC is jointly controlled by German construction material producers HeidelbergCement and Schwenk. DDC inter alia operates a cement plant in Kakanj, Bosnia and Herzegovina. Cemex Croatia, an arm of the international cement heavyweight Cemex, controls three cement plants in the Croatian coastal city of Split...

Serbia's Investment Potentials Presented In Paris
Karanovic & Partners, September 2016

Media reports are letting us know that the "Serbia - A Strategic Crossroads between Western and Eastern Europe," conference was held in Paris on 15 September, where the French companies were presented with the political and economic environment in Serbia, as well as with the ensuing investment opportunities and the possibility of financing economic projects...

Italian Company to Acquire Bihac-Based Kombiteks?
Karanovic & Partners, September 2016

Recent news reports from Bosnia tell us that the BiH government, represented by the federal prime minister for economic issues and investments, Suvad Osmanagic, paid a visit to Bihac with Ludovico Camozzi, the president and owner of Camozzi – an Italian company that produces industrial automation machinery. The main purpose of this visit was to see Kombiteks, a textile production company that has been in bankruptcy and in and out of operation for the past 15 years...

New Construction (Design and Management) Regulations come into force on 1 August 2016
A&L Goodbody, July 2016

The Construction (Design and Management) Regulations (Northern Ireland) 2016 ("CDM 2016") come into force on 1 August 2016. The legislation includes transitional provisions, so that, where a project has already started by 1 August 2016, the Client must appoint a Principal Designer before 1 August 2017 (unless the project ends before that date). In the meantime, the existing CDM Co-ordinator must comply with the duties of a Principal Designer...

Snyder Urges Congress to Fund Soo Lock Upgrades
Dykema, July 2016

Last week, Governor Snyder wrote Michigan's congressional delegation to stress the importance of fully funding upgrades to the Soo Locks. Snyder urged Congress to replace the Davis and Sabin Locks with a single, larger lock that would provide redundancy should the Poe Lock fail. The Poe Lock is currently the only lock capable of handling the 1,000-foot freighters used to transport raw materials like iron ore...

3D Printing and Its Uncertain Products Liability Landscape
Hunton Andrews Kurth LLP, June 2016

There is general consensus that 3D printing has potentially revolutionary implications for industry and, along with it, for the law. In terms of products liability law, its consequences for industry and consumers injured by 3Dprinted products are potentially just as far-reaching.  Consider a fact pattern under which an auto parts manufacturer makes CAD files available to auto parts stores so that they may 3D print replacement auto parts on demand and on-site in response to customer needs...

Greece’s Biggest Tobacco Company Buys Land in Macedonia
Karanovic & Partners, April 2016

Last week, Greece's biggest tobacco company, "Seke", acquired four hectares of land in the industrial zone of Kruševo, Macedonia. It has been reported that the company's plan is to build a factory for tobacco processing there, and that the honorary investment in this case amounted to EUR 5 million. The main cause of interest in this area for Seke were the region's favourable conditions for tobacco growth, as well as the presence of good-quality, highly professional workers...

Special Economic Zones – An efficient instrument to increase industrialisation
ENSafrica, March 2016

Special Economic Zones (“SEZs”) are geographically designated areas within a country that are set aside for specifically targeted economic activities, supported through special arrangements (that may include laws) and systems to promote industrial development. An SEZ is meant to be an economic development tool to promote rapid economic growth by using various support measures to attract targeted foreign and domestic investments and technology...

The New European Union Trade Mark
Karanovic & Partners, March 2016

Following publication of the Regulation (EU) No. 2015/2424 which is part of the reform legislative package that also replaces the existing Trade Mark Directive, the long awaited reform of the existing Community trade mark will enter into force on 23 March 2016. The most evident change is that the Community trade mark will be renamed the European Union trade mark (EUTM), adopting the terminology of the Lisbon Treaty...

Federal Court prefers Esso's understanding of industrial Action Notice
MinterEllison, October 2015

In Esso Australia Pty Ltd v The Australian Workers' Union [2015] FCA 758, the Federal Court upheld the validity of some, but not all, orders made by the Fair Work Commission (FWC) against industrial action at Esso's Longford Plant in Victoria...

Indonesia: Delegation of Authority to Grant Industrial Licenses
Makarim & Taira S., February 2015

Under Regulation No. 122/M-IND/PER/12/2014 on Delegation of Authority to Grant Industrial Business Licenses to the Head of the Capital Investment Coordinating Board, the MOT has delegated its authority to issue certain licenses to BKPM. Business licenses delegated consist: 1. Industrial Business License and/or Expansion Licenses as follows: a. alcoholic beverages industry; b. valuable paper industry; c. weapons and ammunition industry; d...

Indonesia: Good Practices Product Certification for Processed Food
Makarim & Taira S., December 2014

The Head of the National Agency for Food and Drug Control (BPOM) has issued Regulation No. 11 of 2014 on The Procedure for the Certification of Good Manufacturing Practices, ensuring compliance with the applicable standards for processed food. Regulation 11 has been in force since 5 August 2014...

Uncertain Future of Support for Industrial Electricity Customers
Wardynski & Partners, September 2014

The Energy Law is to permit industrial users to obtain certificates of origin and present them for redemption for only a portion of the electricity they purchase. But the future of this support mechanism has been called into question. The rule introduced by the 26 July 2013 act amending Poland’s Energy Law limits the obligation imposed on industrial users to support the generation of electricity from renewable energy sources (RES) and high-efficiency cogeneration (CHP)...

Technology In Medical Consumption Articles - A Dead End?
Delphi, June 2014

The high cost threshold system or public procurement: The Swedish pharmaceutical subsidy system is based on a high cost threshold system for consumer products such as prescription medicines sold to end consumers via pharmacies. The relatively generous system also includes some medical devices; certain consumption articles prescribed for self-care use are included, as these in practice for the patient are considered to fulfill a similar function to prescription medicines...

Proposal of Modifications to the Mercantile Register for Creation of Companies
Consortium Legal - Nicaragua, June 2014

For the purpose of reducing the time of creation of new companies and helping medium-sized and small companies in their organization, the Ministry of Economy (Mineco) submitted a proposal to make modifications to the Mercantile Register. Such modifications include changes in tariffs, online inquiries concerning the names of companies, reduction of terms and improvements in procedures...

Tribunal Strikes High Fees for Judicial Review in Public Procurement Cases
Wardynski & Partners, May 2014

For the second time this year, the Constitutional Tribunal has considered a challenge to the court fees for appeals against rulings by the National Appeals Chamber in public procurement cases. The maximum fee of PLN 5 million was held to be disproportionately high. Earlier this year, in Case No. SK 25/11 (14 January 2014), Poland’s Constitutional Tribunal upheld the constitutionality of one aspect of Art...

A Recovery That's "Made in Britain"
Springboard Corporate Finance, December 2013

The boom days of the 1990s were driven by the relentless rise of our burgeoning services sector. The conspicuous consumption of the day was fuelled by a belief that Britain was at the forefront of the post industrial revolution. The demise of UK manufacturing was little more than collateral damage. Yet wind forward to today and how different the picture looks as UK manufacturing leads us towards a long awaited recovery...

Dealing with Commodity Price Fluctuations
Stout, May 2013

Commodity prices have been in the news since 2007 when the economy was overheating and the demand for all raw materials far outweighed supply. The continued climb of commodity prices led many to believe that we were not experiencing a bubble, but rather a long-term shift in commodity prices driven by a growing proportion of the world population adopting Western-style consumption habits that left raw materials in permanent short supply...

Lindt Fails to Shape Up
ENSafrica, April 2013

Lindt received a nasty shock just before the Easter weekend. A 12-year legal battle ended with a German court ruling that Lindt could not use the German trade mark registration that it has for its famous Easter bunny to stop a competitor, Riegelen, from selling very similar looking confectionery – Lindt’s registration is for a sitting bunny wrapped in gold foil and featuring a red ribbon and a bell...

Plain Packaging
ENSafrica, April 2013

The issue of a plain packaging requirement for tobacco products has been a hot topic since mid- 2012...

 

 

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