log in
Submit an Article | Back

Member Articles

Sort By Title  |  Sort By Date

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

Recent 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...

New Tennessee Open Carry Law is Game Changer for Many Restaurants, Hotels
Waller, May 2018

Among the many liquor laws passed this legislative session by the Tennessee General Assembly, one of the biggest changes, in our humble opinion, is the new Open Carry law. P.C. 755 allows restaurants, hotels and other liquor-by-the-drink establishments to serve alcohol into common areas and allow adjacent restaurant patrons to bring alcoholic beverages into their restaurant. You can now walk between restaurants with your cocktail, glass of wine or mug of suds...

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...

ANTAQ Adapts Rules for Construction and Exploration of Private-Use Terminal
Veirano Advogados, May 2018

Earlier this year, the National Agency of Waterway Transports (ANTAQ) published Normative Resolution No. 20, which approves new rules for the authorization for the construction and exploration of private-use terminal (TUP), cargo transhipment station (ETC), small-size public port facility (IP4) and tourism port facility (IPTur), revoking Resolution No. 3,290. The new rules aim at adjusting the requirements and proceedings applicable by ANTAQ to the changes introduced by Decree No...

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
Haynes and Boone, LLP, May 2018

Fox News v. TVEyes Shows 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...

The Trucking Industry Absorbs yet another blow at the hand of the California Supreme Court
Hanson Bridgett LLP, May 2018

Many California courts, politicians and regulators seem intent on attacking trucking and transportation companies. The California Supreme Court ‘s, Dynamex Operations West Inc. v. Superior Court (Case No. S222732) decision is the latest example of this assault on the industry...

Supreme Court Overturns Federal Ban on Sports Betting
Dinsmore & Shohl LLP, May 2018

In a landmark ruling earlier this year, 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...

First Canadian Cannabis Company Could be Headed for NYSE
Waller, May 2018

This February, with its cross-listing on the Nasdaq Global Market, Cronos Group Inc. (TSX-V: MJN; Nasdaq:CRON) became the first “plant-touching” cannabis cultivator to list on any U.S. exchange. This listing was particularly notable because Cronos is a Canadian company...

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
Haynes and Boone, LLP, May 2018

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. Department of Health and Human Services (HHS) announced that it had reached a settlement with the receiver appointed to liquidate the assets of Filefax, Inc...

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

The Administrative 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...

A Brave New World
TSMP Law Corporation, May 2018

By this time next year, Singapore will have a rather different employment regime from any it has had since independence. One aspect of this needs to be carefully thought through. About ten years ago, a distressed Norwegian client consulted me. His company’s Singapore office had a toxic employee who not only performed poorly and shirked responsibility, but was also habitually insubordinate to management and offensive to his peers...

Mexico: Farmout Bidding Round 2018
Haynes and Boone, LLP, May 2018

The National Hydrocarbons Commission (“CNH”) announced on April 26, 2018, the so-called “farmout” bid process CNH-A-C6-7 Asociaciones/2018. This new bid round comprises seven onshore conventional blocks for exploration and production that are located in the states of Veracruz, Tabasco and Chiapas, covering collectively 4,580.8 km2. CNH estimates these blocks have conventional prospective resources of approximately 405.1 million barrels of crude oil equivalent...

Foreign Companies Pursuing Business in China: Proceed with Caution
Verrill Dana, LLP, May 2018

The trade relationship between the United States and China is top of mind for many business owners, especially within the technology sector. Recently, Chinese President Xi Jinping denied the U.S. Government’s request to end subsidies for key industries identified by the “Made in China 2025 Initiative,” including new advanced information technology, aviation, rail, new energy vehicles, agricultural machinery, new materials and biopharma...

Dynamex Operations v. Superior Court: Reclassification of Independent Contractors
Dinsmore & Shohl LLP, May 2018

On April 30, 2018, the California Supreme Court rejected a delivery company’s challenge to a trial court’s decision to certify a class of delivery drivers in a wage and hour class action case, embracing a standard that presumes workers are employees instead of independent contractors.  The high court’s ruling adopts a much broader definition of the term “employ,” which as a result expands the meaning of the term “employee...

"How to Transform International Registrations Under the Madrid Protocol" By Robert P Felber Jr INTA Bulletin
Waller, May 2018

The Madrid system for the International Registration of trademarks is a convenient and economical system for applicants in member countries to secure trademark registrations in other member countries throughout the world. There are 98 contracting parties to the Madrid Protocol, covering 114 countries, including the United Kingdom, the United States, Mexico, China, and much of Europe and the Pacific Rim (http://www.wipo.int/madrid/en/)...

SEC Brings First Enforcement Action Against a Public Company for Failing to Disclose Data Breach
Haynes and Boone, LLP, May 2018

On April 24, 2018, the Securities and Exchange Commission (“SEC” or the “Commission”) announced its first enforcement action against a public company for failing to disclose a data breach. In a settled cease-and-desist order, the SEC imposed a $35 million civil penalty against Altaba Inc., formerly known as Yahoo! Inc...

Brexit and Continued Participation in the EU's Internal Energy Market
Shepherd and Wedderburn LLP, May 2018

Earlier this year, Prime Minister Theresa May said the government wanted to, “secure broad energy cooperation with the EU”, including by, “exploring options for the UK’s continued participation in the EU’s internal energy market”...

Commercial Lenders “Receive” Good News with Michigan’s Adoption of the Uniform Commercial Real Estate Receivership Act
Dykema, May 2018

On May 7, 2018, Michigan’s version of the Uniform Commercial Real Estate Receivership Act (the “Act”) will go into effect—bringing long-overdue clarity to the laws surrounding receivers and receiver-managed properties. For decades, lenders, borrowers, owners, property managers, and other parties in business (or litigation) with receiver-managed properties in Michigan have had to rely upon a patchwork of case law and the limited guidance offered by MCR 2...

EPA Streamlining of NSR Review
Dinsmore & Shohl LLP, April 2018

EPA Administrator Pruitt recently issued another policy to help streamline the New Source Review (NSR) Program. After receiving comments from many industry sources that the NSR Program should be reformed given its heavy time and cost burden, the Trump EPA has made reforming the NSR Program a priority...

The Serbian Law on Foreign Exchange Amended
Karanovic & Nikolic, April 2018

On 20 April 2018, the amendments to the Law on Foreign Exchange (the “Law”) were adopted and will enter into force on 28 April 2018. Exceptionally, the application of certain provisions related to the assuming of competencies over foreign exchange control by the National Bank of Serbia is delayed until 1 January 2019...

Kentucky Revises Requirements for New and Existing Heat Exchangers
Dinsmore & Shohl LLP, April 2018

On March 9, 2018, revisions to the requirements for new and existing indirect heat exchangers contained in 401 KAR 59:015 and 401 KAR 61:015 became effective. Indirect heat exchangers with a heat input capacity greater than one million Btu/hour (MMBtu/hour) are subject to either 401 KAR 59:015 (new sources) or 401 KAR 61:015 (existing sources). The classification as new or existing depends upon when the indirect heat exchanger was installed...

Philippines: RR No. 7-2018: Restoring the Notice of Informal Conference as a Due Process Requirement in the Issuance of a Deficiency Tax Assessment
SyCip Salazar Hernandez & Gatmaitan, April 2018

On January 31, 2018, Finance Secretary Carlos G. Dominguez issued RR No. 7-2018 which restored the provision on Notice of Informal Conference as a due process requirement in the issuance of a deficiency tax assessment. RR No. 7- 2018 was published in the Manila Bulletin on February 1, 2018 and took effect on February 16, 2018...

President Trump Issues Memorandum to EPA to Ease NAAQS Implementation Impacts on Industry
Dinsmore & Shohl LLP, April 2018

On April 12, 2018, President Trump issued a memorandum to Administrator Pruitt to promote domestic manufacturing and job creation through policies intended to streamline implementation of national ambient air quality standards (NAAQS)...

The Mexican Senate Approves TPP Trade Treaty Signed by 11 Countries
Haynes and Boone, LLP, April 2018

Earlier this year, Mexico´s Senate approved the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”) formerly known as the Trans-Pacific Partnership ("TPP"). The CPTPP will enter into force once six of its members ratify the Treaty pursuant to their internal legal procedures. Mexico is the first member to ratify the Treaty...

New Serbian Law on Foreigners Adopted
Karanovic & Nikolic, April 2018

In March 2018, the new Serbian Law on Foreigners was adopted, replacing the 2008 version of this law- in force until recently without any amendments. The new law will enter into force on 3 October 2018...

Eleventh Circuit Deepens Circuit Split over the FCA’s Statute of Limitations
Dinsmore & Shohl LLP, April 2018

The Eleventh Circuit’s recent decision in United States ex rel. Hunt v. Cochise Consultancy, Inc., has further complicated the answer to what should be a simple question:  What is the statute of limitations in qui tam action when the government declines to intervene?  There are currently three different answers to that seemingly simple question depending on the forum in which a case is filed...

Blockchain: Hype vs Reality
Afridi & Angell, April 2018

Over the past 1-2 years, a great deal of information concerning the revolutionary technology that is “blockchain” has been published on many business, legal and technology news sources, and innumerable self-proclaimed authorities on the subject have emerged to contribute articles and presentations (ourselves among them)...

Once Again, Payment of Withholding Tax at the Time of Audit Considered Compliant with Withholding Tax Requirements for Deductible of Expenses - Philippines
SyCip Salazar Hernandez & Gatmaitan, April 2018

Earlier this year, Department of Finance (“DOF”) Secretary Carlos G. Dominguez issued RR No. 6-2018 which revoked RR No. 12-2013 and reinstated Section 2.58.5 of RR No. 2-1998, as amended by RR Nos. 14-2002 and 17-2003. Section 2.58.5 of RR No. 2-1998 implements the requirement of withholding of income tax for deductibility of expenses. RR No. 6-2018 was published in the Manila Bulletin on January 23, 2018 and took effect on February 7, 2018. Prior to its amendment by RR No...

Frequent Fee Follies: OCIE Identifies Most Frequent Advisory Fee Compliance Issues
Haynes and Boone, LLP, April 2018

Last week, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (“OCIE”) released a Risk Alert covering the most frequent advisory fee and expense compliance issues identified in over 1,500 deficiency letters sent to registered investment advisers during the past two years. The alert highlighted six categories of compliance risks frequently observed by the OCIE...

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...

BVI Takes Lead in Establishing Simple, Transparent, and Inexpensive Incorporation for Microbusinesses Around the World
O'Neal Webster, April 2018

Microbusinesses are a growing, vibrant, and profitable economic segment throughout the world. Such enterprises provide flexibility for individuals to operate on their terms, according to their skills and passions. Microbusinesses generally are defined by modest annual sales and asset values and fewer than five to ten employees, including the owner, but varies by jurisdiction...

The Use Of AI In Law: How Just Is Machine Justice?
Karanovic & Nikolic, April 2018

Artificial intelligence is a burning topic in many sectors today and the legal industry is no exception. Recently, at the World Services Group's annual employment law conference held in February, AI was heavily debated along with its' impact not only on the legal profession, lawyers, clients, the way business is done, but also our traditional understanding of concepts such as "law" or "justice"...

Reserved Vacancies
Dinsmore & Shohl LLP, April 2018

Personnel Season is nearly over for county boards of education. Now that Personnel Season is coming to an end, a common question we often see relates to W. Va. Code 18A-4-7a(k)(2) and how to handle the statutory provision of reserving vacancies for individual professionals subject to release (i.e. reduced in force)...

The Use of AI in Law: How Just is Machine Justice?
Karanovic & Nikolic, April 2018

Artificial intelligence is a burning topic in many sectors today and the legal industry is no exception. Recently, at the World Services Group’s annual employment law conference held in February, AI was heavily debated along with its’ impact not only on the legal profession, lawyers, clients, the way business is done, but also our traditional understanding of concepts such as “law” or “justice”...

A Reality Check for Autonomous Shipping in 2018
Simonsen Vogt Wiig AS, April 2018

  Autonomous vessels are generating increasing interest in the shipping industry, both due to novelty and promising commercial benefits. However, despite all the buzz actual investments in projects involving autonomous vessels remain few and far between. This article will take a closer look at the commercial and legal realities explaining why there is no imminent sea change in sight...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | DISCLAIMER |  © World Services Group, 2018