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Scotland in 2050: Financial Services - Financial Innovation for the Future
Shepherd and Wedderburn LLP, October 2018

The Scottish financial sector has always punched above its weight due, in large part, to its appetite for innovation and sharp business acumen, which it has successfully exported around the globe. The successful early establishment in Scotland of current account banking and the investment trust speak to this, along with the undisputed influence of the Scottish diaspora, which established many of the great financial institutions from Paris to Hong Kong...

A Radical Departure
Shearn Delamore & Co., October 2018

IN THIS ARTICLE, REENA ENBASEGARAM LOOKS AT THE ISSUE OF RESTRUCTURING THE WAGE SYSTEM OF HOTEL EMPLOYEES.   Introduction Service charge is a practice unique to the hotel industry whereby it is imposed on the bills issued to the customers...

Blockchain and the Energy Market
Shepherd and Wedderburn LLP, October 2018

Blockchain is a distributed ledger of data entries. The entries are processed and managed by a series of different computers, or ‘nodes’, which can be running on different servers. Every computer connected to the system keeps a copy of this ledger, meaning that different parties can view and manage the same information in real time. It also makes it exceptionally safe and secure. The energy sector has been relatively slow to adopt blockchain technology...

The Ohio Supreme Court Expands and Clarifies the Voluntary Abandonment Doctrine
Dinsmore & Shohl LLP, October 2018

The Ohio Supreme Court issued a decision on September 27, 2018 which clarifies the “voluntary abandonment” doctrine, and expands the circumstances under which a claimant’s own actions may preclude the payment of temporary total compensation in State, ex rel. Klein v. Precision Excavating & Grading Co., 2018-Ohio-3890...

The Future of The Law Firms: Building an Effective Relationship Between Millennials and AI
QIL+4 ABOGADOS, October 2018

The role of the Millennial lawyers and the recent incorporation of Artificial Intelligence (“AI”) in law firms are current trending topics. As a 27-year old associate of a law firm based in Guatemala City, every time I read about AI and that global law firms are incorporating AI to their practice, I ask myself, will I be replaced by it (or IT)...

OSHA Announces Anticipated Site-Specific Targeting Program Based on Electronic Recordkeeping Rule Data
Dinsmore & Shohl LLP, October 2018

Yesterday, OSHA issued a Trade Release announcing the revival of its Site-Specific Targeting Program (SST or Program).  As we forecasted when OSHA first published the Electronic Recordkeeping Rule (Rule), OSHA will use 2016 Form 300A data – which employers submitted last December – to target specific worksites for comprehensive, programmed inspections...

Dealmaker Optimism Soars to Record High in Dykema 14th Annual M&A Survey
Dykema, October 2018

Impact of Trump Administration, Midterm Elections and the Rise of Automotive M&ARespondents to Dykema’s 14th Annual M&A Outlook Survey expressed the highest level of optimism for the M&A market in the 14-year history of the firm’s survey. Sixty-five percent of respondents expect the M&A market to strengthen over the next 12 months, significantly up from the mid- to high 30s where it has remained for the past several years...

Back to Basics: Navigating a SARS Audit and Dispute Process
ENSafrica, October 2018

Receiving and responding to a request for relevant material from the South African Revenue Service (“SARS”) and generally dealing with SARS during an audit or a dispute can be a daunting task for any taxpayer...

The Small Business Administration May Now Review Center for Veterans Enterprise Protests and Appeals
Dykema, October 2018

The Veterans Administration (VA) maintains the Vendor Information Pages (VIP) database of Veteran-owned small businesses (VOSB) and service-disabled Veteran-owned small businesses (SDVOSB). This database is available at www.vip.vetbiz.va.gov. The VIP database is managed by VA’s Center for Veterans Enterprise (CVE) who determines whether an offeror is eligible to be listed on the database...

Welcome Tax Proposals to the Debt Relief Rules
ENSafrica, October 2018

When debt is reduced or written off, certain adverse tax consequences may arise for the debtor. The tax provisions dealing with the debt relief rules are contained in section 19 and paragraph 12A of the Eighth Schedule to the Income Tax Act, 1962 (the “Act”). The current debt relief rules were introduced by the Taxation Laws Amendment Act, 2017 and are applicable in respect of years of assessment commencing on or after 1 January 2018...

Readying Your Life Sciences Business for Investment – A Quick Guide
Shepherd and Wedderburn LLP, October 2018

With investors such as the Scottish Investment Bank, the soon-to-be-launched Scottish National Investment Bank and the Epidarex Life Sciences Fund all increasingly paying attention to the life sciences sector against the backdrop of an increasingly competitive life sciences market in Scotland, now is a great time to consider whether your business is ready for investment, and how it could be standing out in order to attract investors...

South African Human Rights Commission Identifies Issues with Affirmative Action and Employment Equity Provisions
ENSafrica, October 2018

  The South African Human Rights Commission (the “Commission”) is mandated by section 184 of the Constitution to promote respect for human rights and a culture of human rights; to promote the protection, development and attainment of human rights; and to monitor and assess the observance of human rights in South Africa. The Commission publishes annual reports in which it highlights what it regards as problematic issues and makes recommendations in this regard...

Merger Reportability Analysis
Makarim & Taira S., October 2018

Under Government Regulation Number 57 and Indonesian Competition Authority (KPPU) Guidelines Number 02 , the criteria for determining whether a foreign merger (the definition includes a share acquisition) conducted outside Indonesia is reportable under the current Indonesian merger control rule (please note that the current merger control rule are the following: The Asset and/or revenue thresholds The value thresholds for a reportable transaction are: a...

ADGM Announces Tech Start-Up Licensing Regime
Afridi & Angell, October 2018

The Abu Dhabi Global Market (the ADGM) recently announced the launch of a commercial license specifically catered towards tech start-ups that allows entrepreneurs to obtain an operational license in the ADGM and access to a Professional Services Support Program aimed at allowing entrepreneurs entry to a community of businesses, financial services and professional advisors...

Lawyering Cashierless Technologies
Hunton Andrews Kurth LLP, October 2018

Brick and mortar retailers are rapidly diversifying checkout and payment methods to combat the erosion of sales to online channels and provide an improved shopping experience for consumers. From self-checkout kiosks, to store-specific mobile applications for payment, scan-as-you-go devices, and even ‘just walk out’ models, retailers are reinventing consumer’s notions of the traditional checkout line by going cashierless...

Acquiring Rights of Way by Prescription
Shepherd and Wedderburn LLP, October 2018

In Scots law, it is possible to acquire certain rights to land – access, for instance – simply by the passage of time. This process is known as “prescription” and is outlined in the Prescription and Limitation (Scotland) Act 1973. There are two forms of prescription: positive and negative. Negative prescription extinguishes certain rights after a period of time...

“No Rehire” Language in Settlement Agreement Found Unlawful Where Not Narrowly Tailored
Hunton Andrews Kurth LLP, October 2018

When negotiating a settlement agreement in an employment dispute, “no rehire” language is often a standard term. This language typically bars the litigating employee from seeking re-employment with the former employer. However, in California, at least one “no rehire” provision was invalidated because it was not narrowly tailored to the employer at issue. In Golden v. California Emergency Physicians Medical Group (“CEP”), CEP terminated Dr...

Daesang V. NutraSweet Reaffirms NY's Pro-Arbitration Attitude
Patterson Belknap Webb & Tyler LLP, October 2018

Earlier this year, in a widely followed arbitration case, a unanimous panel of the New York Supreme Court Appellate Division, First Department, concluded that the New York County, Commercial Division, erred when it partially vacated an arbitration award on the ground that the arbitrators manifestly disregarded the law. As a result, the Appellate Division confirmed the arbitration award...

New Licensing Rules by the Israeli Innovation Authority for Multinational Corporations
Fischer Behar Chen Well Orion & Co., October 2018

At the beginning of September, the Israeli Innovation Authority, a division of the Israeli Ministry of Economy and Industry and the successor to the Office of Chief Scientist “IIA”, issued new rules “New Rules”. The “New Rules” regarded the licensing of know-how developed and obtained by Israeli companies that received grants from the IIA “Funded Companies”, to multinational corporations...

Four Months of GDPR - A Brief Interim Assessment
Heuking Kühn Lüer Wojtek, October 2018

It is now more than four months since the EU General Data Protection Regulation (GDPR) became law in all member states of the European Union. Time for an initial and brief interim assessment, and to outline the data protection challenges currently facing companies. Feared spamigation has not materialized To date, the widely feared mass sending of cease-and-desist letters (spamigation) has largely failed to materialize...

Five Issues Commonly Encountered In Commercial Building Leases In Indonesia
Makarim & Taira S., October 2018

With an estimated economic growth of 5.1% – 5.2% for 20181, economicactivities in Indonesia are expected to show a strong improvement. One ofthe indications of strong economic activities is the growing need for officespace for businesses. It is expected that office space in Jakarta will increaseby another 1.5 million square meters in 2018 – 20202 from 6 million squaremeters at the end of 20173...

New Type of Worker Recognised in the Amended Employment Rights Act
ENSafrica, October 2018

Recent amendments to Mauritius’ Employment Rights Act (“ERA”) have brought about regulation into an area of employment law that many foreign jurisdictions have struggled to deal with: the gig economy, which has so far been characterised by short term contracts or freelance work as opposed to permanent contracts and the accompanying benefits...

Ohio Supreme Court: Faulty Work by a Subcontractor is not an "Occurrence" Requiring Coverage Under a Commercial General Liability Insurance Policy
Dinsmore & Shohl LLP, October 2018

The Ohio Supreme Court yesterday reversed the decision of a lower court of appeals and held that a general contractor is not entitled to insurance coverage for property damage arising out of its subcontractor’s faulty work, even when the general contractor purchased a CGL insurance policy with a rider pertaining to coverage related to a subcontractor’s faulty work...

Video Surveillance at the Workplace: Companies Can Store Video Recordings for up to Six Months
Heuking Kühn Lüer Wojtek, October 2018

Many companies are currently facing challenges in relation to the GDPR compliance of their video surveillance. Main issues in this respect are questions related to transparency requirements and information notices, the need for a data protection impact assessment as well as questions concerning retention requirements and retention periods. The German Federal Labor Court (BAG) has recently commented on the admissible storage duration of lawful video recordings...

Ohio Supreme Court: Faulty Work by a Subcontractor is not an “Occurrence” Requiring Coverage Under a Commercial General Liability Insurance Policy
Dinsmore & Shohl LLP, October 2018

The Ohio Supreme Court yesterday reversed the decision of a lower court of appeals and held that a general contractor is not entitled to insurance coverage for property damage arising out of its subcontractor’s faulty work, even when the general contractor purchased a CGL insurance policy with a rider pertaining to coverage related to a subcontractor’s faulty work...

Whats Going on in the World of Privacy?
MinterEllisonRuddWatts, October 2018

Aftershocks from the arrival of the General Data Protection Regulation (GDPR) are still being felt around the world as countries are faced with the question of whether their own privacy laws are up to scratch. While changes to our privacy framework are still to be finalised, we are keeping a watchful eye on the goings-on overseas that may directly impact New Zealand or could appear on our own Government’s privacy agenda. We watch this space...

Employers Should be Aware of New Forms for Background Check Compliance
Dinsmore & Shohl LLP, October 2018

Due to recent federal regulation, employers must follow new disclosure procedures before performing background checks. Effective September 21, 2018, the Consumer Financial Protection Bureau (CFPB) issued updated model disclosure forms mandated by the Fair Credit Reporting Act (FCRA). The new forms may be accessed here. The last time the CFPB provided a model disclosure form for use by employers performing background checks was 2012...

FDA and DEA Approve CBD-Based Epilepsy Medication
Waller, October 2018

Late last month,  the U.S. Drug Enforcement Administration (DEA) issued a final order placing FDA-approved drugs that contain cannabidiol (CBD) derived from cannabis and no more than 0.1 percent tetrahydrocannabinols in Schedule V of the Controlled Substances Act of 1970 (CSA). Schedule V of the CSA includes drugs such as Robitussin and Lyrica...

Africa Tax in Brief
ENSafrica, October 2018

Africa tax in brief DEMOCRATIC REPUBLIC OF CONGO: Amendment of Mining Regulation published   Decree No. 18/024, amending the Mining Regulation, was published in the Official Gazette on 12 June 2018...

The Global Sulfur Cap 2020 - Is the Industry Prepared?
Simonsen Vogt Wiig AS, October 2018

On 1 January 2020, the maximum allowable sulfur content of marine fuels will be drastically reduced from the current 3.50% to 0.5% m/m. 2020 is rapidly approaching, but is the shipping industry really prepared? In this article, we provide an overview of the regulations and the main alternatives for compliance that shipowners and operators are faced with. Introduction On 1 January 2020, the maximum allowable sulfur content of marine fuels will be drastically reduced from the current 3.50% to 0...

Fair Inconsistency in Imposing Sanctions on Striking Employees
ENSafrica, October 2018

  Striking is a fundamental right enshrined in South Africa’s Constitution. However, section 36 of the Constitution accepts that a fundamental right can be limited. Sections 64 and 65 of the Labour Relations Act, 1995 (the “LRA”) contain these limitations for strikes. Section 64 requires certain procedures to be followed prior to a strike taking place for it to be “protected”...

California Passes Law Requiring Public Companies to Include Women on Boards
Waller, October 2018

Gov. Jerry Brown signed California Senate Bill 826 into law, which requires publicly held companies whose principal executive offices are located in California to have a minimum of one woman on their boards of directors by the end of 2019. Thereafter, women’s representation will have to increase based on the law, with what will be codified as Section 301...

Impact of China's Investment on the South African Tax Base
ENSafrica, October 2018

Impact of China’s investment on the South African tax base The news that China has committed to invest approximately R200-billion in South Africa was greeted with much fanfare throughout the country. Approximately ZAR33-billion of this will constitute a loan to Eskom, which is particularly good news given the funding requirements of the entity. A loan will also be advanced to Transnet in the amount of ZAR4-billion...

Insuring Instability: Is There Coverage for the Cost of the Trade War?
Haynes and Boone, LLP, October 2018

A new round of U.S. tariffs on $200 billion in Chinese imports became effective on September 24, 2018.1 The 10 percent tax on Chinese consumer products is only the latest escalation in an ever-widening trade war between the United States and its global trading partners. While it appears that, subject to Congressional approval, trade disputes between the U.S...

Patent Landscaping: The Road to Success
ENSafrica, October 2018

Patent landscaping: the road to success Patent landscaping analysis, or patent mapping, involves the electronic search and analysis of the vast amount of available online published patent data in order to extract meaningful and valuable technical, business and legal information...

Selling CBD Products is Illegal, Board of Pharmacy Clarifies
Dinsmore & Shohl LLP, October 2018

In response to questions regarding the legality of Cannabidiol (CBD) oil products, the State of Ohio Board of Pharmacy (Board) announced that only licensed and operating Medical Marijuana Control Program dispensaries may sell CBD oil products. In June, the Board announced the award of 56 provisional medical marijuana dispensary licenses. All of those provisional licensees will have six months to comply with operational requirements in order to obtain a certification of operation (COO)...

Punitive Proposed Amendment to South Africa’s Transfer Pricing Provisions
ENSafrica, October 2018

Punitive proposed amendment to South Africa’s transfer pricing provisions Transfer pricing is a self-assessment mechanism that aims to ensure that taxpayers identify all potential cross-border transactions, operations, schemes, agreements or understandings that have been entered into between connected persons (referred to as “potentially affected transactions”), to ensure that all such potentially affected transactions have been concluded and implemented on an arm&rsqu

Three Strategic Considerations for Bank Boards About Fintech Charters
Dinsmore & Shohl LLP, October 2018

As seen in Bank Director  Strategic planning is one of the most important roles of a financial institution’s board of directors. Since the 2008 financial crisis, financial institution boards have dealt with the emergence of fintechs as a primary consideration in developing their strategic plans...

The 2018 Mining Charter
ENSafrica, October 2018

The 2018 Mining Charter by thenatural resourcesdepartment On 27 September 2018, the South African Minister of Mineral Resources, Gwede Mantashe (the “Minister”), published the Broad-Based Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2018 (the “2018 Mining Charter”). It is indicated that “implementation guidelines” are to be published in the near future...

Cryptocurrencies Offerings, Exchanges and Payments in France: Towards a Mix of Hard and Soft Law
Jeantet, October 2018

France has taken steps to set up a dedicated frame for cryptocurrency transactions aiming at conciliating legal certainty, market integrity and innovation. Capitalizing on best market practices, a recent bill defines an optional visa regime for ICOs, while a report commissioned by the French government sets forth principles of minimum regulations. Taxwise, the French Administrative Supreme Court has just ruled in favour of investors in Bitcoins...

The Decriminalisation of Private Cannabis Possession and Use and the Workplace
ENSafrica, October 2018

The decriminalisation of private cannabis possession and use and the workplace In the recent decision in the consolidated matter ofMinister of Justice and Constitutional Development and Others v Prince; National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton and Others(the “cannabis judgment”), the Constitutional Court considered whether it should confirm the decision of the High Court which declared various pr

From Digital to Physical: New Considerations for Retail Leasing with the Rise of E-Commerce into Physical Spaces
Hunton Andrews Kurth LLP, October 2018

The rise of e-commerce and the struggle many brick-and-mortar retail stores face is nothing new.  Customers are increasingly choosing to shop for clothes, furniture and even groceries from the convenience of their own homes. More recently, however, this shift in the way consumers shop has given rise to new types of retail stores – small showrooms and “pop-up shops...

WTF®: A Trade Mark Perspective on Millennial Gibberish
ENSafrica, October 2018

WTF®: a trade mark perspective on millennial gibberish bySamera Naidoo ICYMI, Proctor & Gamble ("P&G") recently applied to register a whole lot of text/SMS talk abbreviations as trade marks. It caused a real storm and the mainstream press absolutely loved it! FOMOalert! DWAI, I’ll bring you up to speed...what happened here was that P&G applied to register some really unlikely trade marks including WTF, LOL, FML, NBD...

Three Boston Hospitals Pay Close to $1 Million in HIPAA Settlements for Disclosing Personal Health Information to Film Crews
Dinsmore & Shohl LLP, October 2018

On September 20, 2018, the Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced settlements with three Boston hospitals for disclosing Protected Health Information (PHI) to ABC News documentary filmcrews.[i] In total, the hospitals paid OCR $999,000 to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule...

Feeling the Heat: the Draft Climate Change Bill, 2018
ENSafrica, October 2018

Feeling the heat: the draft Climate Change Bill, 2018 Earlier this year, the South African Minister of Environmental Affairs (the “Minister”) published the draft Climate Change Bill, 2018 for public comment. Since then, the Department of Environmental Affairs (“DEA”) has undertaken a road show across the country to solicit comments to the Bill and held further bilateral meetings with stakeholders earlier this year...

Best Practices for a Successful Negotiation or Mediation
Dinsmore & Shohl LLP, October 2018

A key ­­­quality for a successful attorney, leader of an organization, claims professional or human resource professional requires effective negotiation skills to resolve conflict and disputes. Negotiating over 1,000 such disputes as an attorney and mediator has been a tremendous education on how to successfully resolve disputes and conflict...

Who’s Interested in Primark?
ENSafrica, October 2018

Who’s interested in Primark? Is it simply those South Africans who can afford to travel to the UK, only to find that, thanks to the weakness of the rand, the only shop they can afford is ... Primark? The recent Supreme Court of Appeal (“SCA”) decision in the matterTruworths Ltd v Primark Holdingspertaining to well-known trade marks is of significance...

Ensure the Parties are Open to Negotiate or Mediate the Dispute
Dinsmore & Shohl LLP, October 2018

Not all matters will be appropriate for mediation. There are situations in which mediation is likely to fail: When parties let their egos control. When there is a misunderstanding of the facts. When there is a misunderstanding of the law. There is no incentive for settlement. When parties do not respect the process...

The Big Five Amendments Proposed by the Companies Amendment Bill, 2018
ENSafrica, October 2018

  The Companies Amendment Bill, 2018 (the "Bill") was released for public comment by the Minister of Trade and Industry on 21 September 2018. The Bill, if introduced in its current form, proposes a number of changes to the Companies Act, 2008. This snapshot review deals with only our “big five” amendments. 1...

Pick the Right Mediator and Agree on the Role of the Mediator
Dinsmore & Shohl LLP, October 2018

Help your Mediator to help you and your client The relationship between the mediator and the parties must be clearly defined and be based in trust. Before a mediator is selected to host mediation, the parties should agree on what type of mediation they would like to engage in and who is the best mediator for that goal...

 

 

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