log in
Submit an Article | Back

Member Articles

Sort By Title  |  Sort By Date

Health is Wealth
SyCip Salazar Hernandez & Gatmaitan, December 2017

The Philippine Department of Labor and Employment (DOLE) recently issued guidelines to address safety and health issues faced by workers who, by the nature of their work, have to stand or sit for long periods. The DOLE noted that the wearing of high heeled shoes and/or standing at work for long periods or even frequent walking lead to health issues such as strain on the lower limbs, aching muscles, hazardous pressure on the hip, knee and ankle joints and sore feet...

Data Protection and Privacy in Israel
Fischer Behar Chen Well Orion & Co., December 2017

The Basic Laws of Israel that comprise the county’s constitution specifically grant Israel’s citizens the right to privacy as a basic human right. This practice note provides an overview of the regulation of data protection and privacy in Israel, presented in a question and answer format. Legislative Framework • Question 1: Summarize the legislative framework for the protection of personally identifiable information (PII)...

Serbian Bankruptcy Law Amended
Karanovic & Nikolic, December 2017

After two long years of analysing and debating, theSerbian Parliamentadopted changes to the Bankruptcy Law and they have entered into force on the 25thof December, 2017...

New Decree on Healthy Life Habits Enters Into Force
Carey, December 2017

Earlier this year, Decree No. 1 of the Ministry of Health (herein, the "Decree") was published on the Official Gazette. The Decree sets forth the graphic characteristics of the message for the promotion of healthy life habits that must be included in the advertisement of foodstuff products established in Article 5 of Law No. 20,606 -those that qualify as "High in" one or more critical nutrients- made through mass communication...

Transfer Of Claims No Longer A Problem In Enforcement
Karanovic & Nikolic, December 2017

Ever since the latest Law on Enforcement and Security entered into force on the 1stof July, 2016, an issue arose over the wording and scope of Article 48, dealing with how creditors acquiring claims can initiate enforcement. The main idea behind this new law was to make it easier for creditors to collect claims...

The Conflict Over the CFPB and What it Means for the Future
Waller, December 2017

The federal agency now well-known as the Consumer Financial Protection Bureau was established by Congress in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The CFPB is a uniquely independent agency, shielded from the executive branch in a way that other agencies are not. Doing away with that independence has the potential to significantly alter the CFPB and its regulatory work...

Permanent exemption from variation margin obligation for FX forwards?
Arendt & Medernach, December 2017

Earlier this week, the European Supervisory Authorities (ESAs) published draft amendments to EMIR-related regulatory technical standards (RTS) that align the treatment of variation margin (VM) for FX forwards with the supervisory guidance applicable in other key jurisdictions. More specifically the draft amendments propose that the requirement to exchange VM for physically settled FX forwards shall only target transactions between institutions (credit institutions and investment firms)...

Return to Santa
MinterEllisonRuddWatts, December 2017

After the Christmas shopping rush is a distant memory, the leftover Christmas ham has been eaten, and the pohutukawa has dropped the last of its red blooms, many Kiwis are left with unwanted Christmas gifts. For retailers, this can mean an influx of customers wishing to return unwanted items for a multitude of reasons...

A Supplier of Luxury Goods can Prohibit its Distributors from Selling Those Goods on a Third Party Internet Platform such as Amazon
Simonsen Vogt Wiig AS, December 2017

Coty Germany sells luxury cosmetics in Germany. It markets certain brands via a selective distribution network, i.e. through authorized distributors. Coty brought proceedings before the German courts against one of its authorized distributors, Pafümerie Akzente, in order to prohibit it from distributing Coty products via Amazon...

What Impact Will the Changes to Personal Taxation Have?
Shepherd and Wedderburn LLP, December 2017

At the end of the day, budgets always reflect the political climate of the country. The Chancellor is a member of a government unable to command a majority without the support of the DUP, which has lost two cabinet ministers in the last month, is subject to various manifesto commitments regarding not raising taxes, and that is facing the monumental economic uncertainty of leaving the EU in the next 18 months...

Michigan Seeks Comment on Tax Treatment of Marijuana Sales
Dykema, December 2017

The Michigan Department of Treasury (the “Department”) recently released a draft Revenue Administrative Bulletin (“RAB”) entitled Marihuana Provisioning Center Tax and Sales and Use Tax Treatment of Marihuana. An RAB is a directive issued by the Bureau of Tax Policy...

Clouds Come Floating Into My Life
Asters, December 2017

Cloud computing, along with Big Data, social media, and mobility, is one of the current megatrends that will drive huge changes to the business ecosystem in the upcoming decade. Surveys held over the recent years unanimously confirm that organisations across the globe are rapidly and continuously moving to the cloud...

EU Data Protection Reform - The removal of red tape for SMEs
Shoosmiths LLP, December 2017

One step closer to implementation of the reforms relating to EU data protection regulation, this article looks at some of the implications that the reforms are likely to have for SMEs. Key progress was made in the reform of EU data protection regulation on 12 March 2014 with the European Parliament voting in support of reform and the draft General Data Protection Regulation (the "Regulation"). The Regulation must now be adopted by the Council of Ministers in order to become law...

UK Corporate Governance Code Undergoes a Review
A&L Goodbody, December 2017

The UK Corporate Governance Code (the Code) is undergoing a review by the Financial Regulatory Council (FRC) in the UK.  A consultation process was announced by the FRC earlier this year, with a view to making changes to the Code to reflect the changing business environment in the UK...

Shifting Consumer Expectations in Healthcare - Its an Empowerment Game
MinterEllison, December 2017

How new technologies and changing consumer expectations is signaling disruption to the health industry and the importance of finding ways to better measure and translate patient satisfaction and outcomes. Do you know if your clinician is doing a good job? What about the track record of your surgeon? Should you be entitled to know as a consumer? The industry is being disrupted – no longer is the family GP the dispenser of all health advice...

Interim Legislation to Update Outdated Gambling Laws
A&L Goodbody, December 2017

The Minister of State in the Department of Justice and Equality, Mr. David Stanton, has expressed an intention to bring forward the long awaited Gambling Control Bill (the GCB) by the end of 2017. The Government's Legislation Programme for Autumn 2017 notes that work is underway on the GCB. However, there has been no further information on when the draft of the GCB will be published, which is the next substantive step...

What is the Fair Insurance Code?
MinterEllisonRuddWatts, December 2017

The Fair Insurance Code is a voluntary code of conduct agreed to by members of ICNZ.  It applies to those members who provide general insurance to individual consumers and small businesses with 20 employees or less.  The Code outlines the relationship between insurers and consumers and sets minimum service standards in areas including customer on-boarding , claims management and handling. It also sets out disclosure requirements and dispute resolution processes...

Esso Petroleum and Production Nigeria Limited & SNEPCO v. NNPC
AELEX, December 2017

The Nigerian Court of Appeal confirms that an Arbitral Tribunal has no Jurisdiction to determine contractual disputes, the resolution of which has tax implications for any of the parties. Recently the Nigerian Court of Appeal confirmed in part the decision of the Federal High Court Abuja delivered on 22 May 2012 in Suit No. FHC/ABJ/CS/923/2011...

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 on Friday, September 22, 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 filed in April 2017 by a Georgia-based company, Suniva, Inc., shortly after filing for bankruptcy protection. SolarWorld Americas, Inc. joined Suniva’s petition in May 2017...

Renewable Energy Updates - Japan
Atsumi & Sakai, December 2017

As of late this year [1], the Agency of Natural Resources and Energy announced that it has issued deadlines for the submission of renewable energy application documents, etc. based on the FIT Act in FY 2017. Upon submission of these applications, etc. they will be reviewed by the Ministry of Economy, Trade and Industry (METI), however, every year, the review process tends to be stalled because of the large number of applications submitted at the end of the ?scal year...

Cross-Border Cooperation Between Competition Authorities In The SEE Region Intensifies
Karanovic & Nikolic, December 2017

The national competition authorities in South Eastern Europe are evidently increasing and strengthening their cross-border cooperation and communication, allowing for a more effective regional approach in the protection of competition. Taking into account common challenges and economic interdependence, as well as similar goals in EU integration, the authorities appear to have recognized significant merit in a broader regional framework for competition enforcement...

New Law Proposed to Extend Liability for Environmental Crime in Waste Management
Delphi, December 2017

In its bill, Extended Environmental Crime Provisions, from earlier this year, the government has proposed extending the scope of offences for environmental crime committed in conjunction with waste management. The proposal means that all waste management that can cause significant pollution, which is harmful to human health, animals or plants or that can cause other significant environmental nuisance is to be punishable. The penalty for the crime is a fine or imprisonment for up to two years...

Three Things Employers Should Know When Seeking EPLI Coverage For Sexual Harassment Claims
Haynes and Boone, LLP, December 2017

At a time when tolerance seems to be an increasingly precious commodity, society can celebrate an awakening intolerance for sexual harassment. For all of the scandal and salacious detail dominating the media in recent months, there is the hope that victims of depravity can find empowerment and healing, if not justice, too...

Eleventh Circuit Finds Reproduction an Insincere Form of Flattery
Waller, December 2017

In October 2017, the Eleventh Circuit Court of Appeals reversed a district court’s grant of summary judgement, finding that a college has potentially protectable rights that extend beyond the scope of its federal service mark registrations. Savannah College of Art & Design, Inc. v. Sportswear, Inc., No. 15-13830 (11th Cir. Oct. 3, 2017)...

Fuels Storage Public Policy
Haynes and Boone, LLP, December 2017

Mexico maintains a minimum strategic storage inventory of crude oil and refined oil products, such as gasoline, diesel, and jet fuel, to guarantee market supply for a determined period of time. Under Article 80 Section II of the Hydrocarbons Law, the Ministry of Energy (“SENER”) has the authority to issue public policies to determine the required strategic storage volumes...

Trademark Licensees Priority Derives from its Own Use and Not From its Licensors Use
Waller, December 2017

The Trademark Trial and Appeal Board (Board) held that the plaintiff licensee in an opposition and cancellation proceeding could not establish priority of use over the defendant based on any common law rights previously acquired by the plaintiff’s licensor. Julie A. Moreno v. Pro Boxing Supplies, Inc., 124 USPQ2d 1028 (TTAB Sept. 8, 2017). Julie A...

Does resigning with immediate effect put a stop to disciplinary proceedings?
ENSafrica, December 2017

The past year has seen a number of high-profile instances of employees resigning, allegedly to avoid disciplinary proceedings against them. This issue was dealt with in the case of Mtati v KPMG Services (Pty) Limited.The employee in this matter was informed by her employer that an investigation was being conducted into allegations of misconduct levelled against her. She then provided her employer with a letter in which she tendered her notice of resignation...

Mexico: SENER Announces Major Baja Transmission Line Bidding Process
Haynes and Boone, LLP, December 2017

On December 7, 2017, the Ministry of Energy (“SENER”) announced the first bidding process for the financing, installation, maintenance, management, and operation of the Baja California Electric System interconnection with the National Grid (“National Grid”). This is the first power transmission project allowing private participation in power transmission lines in Mexico. The estimated investment will be US$1.1 billion...

The National Minimum Wage Bill released for public comment
ENSafrica, December 2017

On 17 November 2017, the National Minimum Wage Bill was gazetted for public comment. Given that the Bill was the subject of negotiation and agreement at the National Economic Development and Labour Council (“NEDLAC”), its progress through the legislative process is likely to be fairly smooth. The Bill envisages that it should be in force by 1 May 2018. We highlight its most important provisions below...

Partners Need to Consider Amending Partnership Agreements to Address New Partnership Audit Rules
Haynes and Boone, LLP, December 2017

New rules found in Internal Revenue Code sections 6221 through 6241, as amended by the Bipartisan Budget Act of 2015, govern IRS tax audits of partnerships, limited liability companies, and other entities and arrangements classified as partnerships for U.S. federal income tax purposes. The changes made by these rules will significantly impact partners in partnerships and careful attention should be paid to these rules by all partners in partnerships...

Registers of beneficial ownership: new rules to be implemented
Arendt & Medernach, December 2017

The draft laws implementing AMLD 4 set out strict rules to allow for protection against improper access to the information on BOs. On 6 December 2017, the Luxembourg Parliament published two draft laws to implement new transparency measures provided by Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (“AMLD 4”)...

What a Sears Lawsuit Against a Supplier Means for Retailers
Lowenstein Sandler LLP, December 2017

  A lawsuit filed earlier this year by a Sears Holdings subsidiary could have far-reaching implications for suppliers selling to a customer suspected of financial distress. The lawsuit is particularly significant to those in the retail sector, as brick-and-mortar operations across the country struggle amid growing online competition...

Mixed Results as IPR Petitions for Biosimilars Soar
Patterson Belknap Webb & Tyler LLP, December 2017

Inter partes review proceedings for biosimilar products are soaring. Biosimilar makers are taking advantage of IPR proceedings to challenge patents protecting some of the world's most important biologic medicines due to the advantages that these proceedings offer: no standing requirement, no presumption of validity, a lower burden of proof and potentially broader claim construction. More than half of the IPR petitions challenging these patents were filed in fiscal 2017...

Patent prosecution highway to advance Africa-China IP relationship
ENSafrica, December 2017

  The 41st session of the administrative council of the African Regional Intellectual Property Organization (“ARIPO”) recently took place in Lilongwe, Malawi. Several documents on the administrative aspects of the organisation were discussed at the meeting, including the proposed programme of activities for 2018, and proposals to amend some ARIPO treaties to continually keep them in line with international trends...

Updates and Highlights in the Mexican Energy Sector, November 2017
Haynes and Boone, LLP, December 2017

As part of the implementation of the Mexican energy reform of 2013, several new regulations and administrative guidelines affecting the hydrocarbons and power industries were issued during November 2017. These are of particular importance to oil and gas producers, midstream companies and power generators, traders and others looking to invest or expand operations in Mexico’s dynamic energy sector. I. Hydrocarbons November 8, 2017...

Stop using our trade mark … please … pretty please
ENSafrica, December 2017

If you have ever received a trade mark letter of demand, the chances are that you thought one or more of the following things: long, scary, legalistic, absurd, incomprehensible. It is far less likely that you thought any of these things: perfectly reasonable request, clearly explained, a tricky issue handled with charm and tact – but things may be changing. Recently, the trade mark counsel of US company TGI Fridays sent a letter of demand to a bar in Chicago called Moneygun...

Changes to Law Allowing Developers to Terminate Off-Plan Sales Contracts
Afridi & Angell, December 2017

Earlier this year, Law No. (19) of 2017 was gazzetted which amends the procedures contained in Law No. (13) of 2008 on Interim Property Registration in Dubai. This law stipulates the procedures which developers must follow if a buyer breaches an off-plan sales contract. The new law is an important development in Dubai and will assist developers who are facing a difficult real estate market and increasing buyer default...

Black Friday: is it a trade mark?
ENSafrica, December 2017

Black Friday tends to lead to unseemly physical scuffles, but, somewhat unexpectedly, this year’s Black Friday also resulted in some interesting trade mark scuffles! Black Friday, the retail and marketing phenomenon that originated in the US before spreading to much of the world, officially happened earlier this year, although many readers will have noted that this particular Friday seems to go on for the best part of a week...

Is My Business Safe from Relationship Property Claims?
MinterEllisonRuddWatts, December 2017

The adage, “Uncertainty is bad for business”, reflects a well-established economic theory in common use at a time of complex global events. It applies equally to the uncertainty caused by relationship breakdown and its disruptive impact on a business-owning spouse or partner (spouse) and their customers. It is important to understand that business assets can be exposed to crippling family law property claims even when held in trust. However you can do something about it...

South Africa releases Competition Amendment Bill
ENSafrica, December 2017

On 1 December 2017, the South African Minister of Economic Development, Ebrahim Patel, published Government Notice no. 41294, which announced the release of the Competition Amendment Bill, 2017 (the “Competition Bill”) for public comment.Members of the public are invited to submit written comments on the Competition Bill to the Economic Development Department within 60 calendar days of publication of the notice (ie, by 30 January 2018)...

Cyprus becomes Amicorp’s 12th Fund Services jurisdiction
Amicorp Services Ltd., December 2017

Cyprus becomes Amicorp’s 12th Fund Services jurisdiction Amicorp’s Office in Nicosia, Cyprus now fields a dedicated fund services team, further enhancing our offering both globally and within the EU...

Black cabs and trade marks
ENSafrica, December 2017

The trade mark laws of many countries specifically mention product shapes among the items that can enjoy trade mark protection – shape trade marks are often referred to as “3D trade marks”. Yet, registering and enforcing 3D trade marks can be very difficult, particularly in Europe. This is evident from the latest UK court decision regarding London taxis...

Housing the Millennials
TSMP Law Corporation, December 2017

Understanding the Gen Y mindset is crucial to riding the next wave of property sales. From selfie-taking to social media-(over)sharing, millennials are famous for many traits, but one thing is for sure: compared to the preceding Generation Xers, their love for snapping photos may be real, but their propensity to snap up new homes trails far behind...

MiFID II: are you ready?
Arendt & Medernach, December 2017

With less than 30 days to go before the new MiFID II regime will be rolled out, funds and management companies/AIFM are increasingly concerned as to how they will be impacted: product governance inducements and payment for research increased client information requirements complex and non-complex products classification How will you be impacted by the new regime? We can help you to get ready!   At Arendt, we have built up significant expertise in assisting clients

Is Winter Coming to Pay TV?
Stout, December 2017

The kings of multichannel TV have been buffeted by winds of change. While their future is uncertain, they have some weapons to rely upon. Netflix vs. Hulu vs. Amazon. YouTube TV vs. Yahoo View. HBO vs. Starz vs. Showtime. The 126 million U.S. television watchers have never had more options for how to consume entertainment. And at the same time, approximately 20% of U.S...

To-dos at the Pre-Bidding Phase of Government Procurement Projects
LCS & Partners, December 2017

Following the requirements and qualifications of foreign bidders to participate in government procurement projects, this chapter will focus on the bidding preparations and risk analyses before moving forward in the projects. On-Site Investigations Due to factors such as Taiwan’s multivariate geological environment, it is possible that the actual conditions may differ significantly from the geological and underground data provided by the procuring entity in the tender documents...

Romanian Government Approves Draft Law on Mining Activities
Nestor Nestor Diculescu Kingston Petersen, November 2017

The Romanian Government has recently approved a draft law on mining activities that is intended to replace the existing law. In order to be enacted, the draft law needs to pass the Parliament test, which means that it will not come into force this year. In addition, the draft can suffer many changes in the parliamentary proceeding...

What Constitutes Membership or Shareholding of a Company in Uganda?
ENSafrica, November 2017

When is one a shareholder or member of a company? This issue was recently considered by the Supreme Court of Uganda in Matthew Rukikaire v Incafex Limited, which ruled that a person who has not fully paid up their shares may be considered a member and shareholder of a company with rights to full participation in the affairs of the company to the extent allowed by the types of shares they hold...

Strategic Partnerships Between Investor-Owned Companies and Nonprofit Hospitals or Health Systems Top Ten Key Considerations
Waller, November 2017

Strategic partnerships between investor-owned companies and nonprofit hospitals or health systems are an unmistakable trend in the health care industry today. Such strategic partnerships can consist of a myriad of structures and variations thereof. The most common transaction structures include affiliations, management arrangements, joint operating arrangements, joint ventures, asset leases, and asset sales/acquisitions...

New Guidance from the SEC Incorporates Directors within the Shareholder Proposal Process
Haynes and Boone, LLP, November 2017

As registrants prepare for the upcoming proxy season,Staff Legal Bulletin No. 14I(the “Bulletin,” or “SLB 14I”), recently issued by the SEC Division of Corporation Finance (the “Division”), provides helpful interpretations by the Division’s staff and reveal a number of relevant changes in the way certain shareholder proposals will be evaluated...

 

 

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