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Misick and Stanbrook | August 2014

This is a simplified guide to the process of buying a property in the Turks and Caicos Islands. While all reasonable endeavours are taken to ensure that it is correct at the time of print it does not purport to be an exhaustive analysis of the relevant laws as may be applicable to you ...

ENSafrica | August 2014

Section 8(a) of the Competition Act contains a single sentence, the length of which belies the complexity of the underlying prohibition. It reads simply that “it is prohibited for a dominant firm to charge an excessive price to the detriment of consumers” ...

ENSafrica | August 2014

A recent report in Fin24 entitled ‘MTN named SA and Africa’s strongest brand’ listed South Africa’s top 50 brands in terms of brand value. It was based on research done by the brand valuation company, BrandFinance. As the title suggests, MTN came out on top, followed by Sasol, Vodacom, Standard Bank, Absa, Nedbank, FNB, Mediclinic, Investec and Woolworths. Of the top 50 brands, 16 are in the food and beverages sector, 13 in financial services, and five in telecoms ...

ENSafrica | August 2014

If a South African court ever gets to consider an Adword trade mark case there will be plenty of foreign case law to guide it ...

ENSafrica | August 2014

Two recent developments in Australia highlight the difficulties that are involved in protecting and enforcing colour ...

Loose lips sink ships.  They also can sink the protections of the attorney-client privilege.  A case in point is a recent decision from the Southern District of Florida.  Guarantee Insurance Co. v. Heffernan Insurance Brokers, Inc., Case No. 13-23881-CIV (S.D. Fla. June 13, 2014).  In that case, Guarantee Insurance had been sued for the alleged bad faith handling of a worker’s compensation insurance claim ...

Haynes and Boone, LLP | August 2014

The standards for Section 11 liability for statements of opinion in registration statements is the subject of a split between the federal circuit courts. The Tenth Circuit joined the split in the recently issued opinion, MHC Mutual Conversion Fund v. Sandler O’Neill & Partners, et al. The Supreme Court is scheduled to resolve this split next term in the Omnicare1 case, which is currently being briefed before the high court ...

Haynes and Boone, LLP | August 2014

On June 10, 2014, the Public Company Accounting Oversight Board (the “PCAOB”) adopted Auditing Standard No. 18 (“Standard No. 18”), which amends and supplements existing auditing standards regarding related party transactions, significant unusual transactions and financial relationships and transactions with executive officers. Standard No. 18 also expands the required communications that an auditor must make to the audit committee related to these areas ...

Hanson Bridgett LLP | August 2014

On August 1, 2014, certain amendments to the Delaware Limited Liability Company Act, 6 Del. C. §§ 18-101, et seq. (the “LLC Act”), the Delaware Revised Uniform Limited Partnership Act, 6 Del. C. §§ 17-101, et seq. (the “LP Act”), and the Delaware Revised Uniform Partnership Act, 6 Del. C. §§ 15-101, et seq. (the “GP Act”) became effective ...

MinterEllison | July 2014

Regulators around the world remain focused on the impact of cartels on business, and the Australian Competition and Consumer Commission (ACCC) is no exception. In 2013 the ACCC received 27 approaches in relation to cartels, resulting in 13 in-depth investigations. International cooperation in this area is increasing, due significantly to the work of the International Competition Network, the global organisation of competition regulators ...

The U.S. Supreme Court during its 2013-2014 term decided on six patent cases, the last on June 19, 2014. These cases will have significant consequences for companies as they work to advance their strategy for protecting their intellectual property. The following summary provides highlights of each case. Medtronic Inc. v. Mirowski Family Ventures LLC Question: First some background: The Supreme Court in MedImmune, Inc. v. Genentech Inc., 549 U.S ...

ENSafrica | July 2014

The global financial crisis, which originated in the United States, had a major impact on the world economy and the economic recovery prospects of developed countries.  As the countries with the most active economic growth in the world, BRICS countries (Brazil, Russia, India, China and South Africa) face a great challenge. They need to adjust their development strategies when facing the new challenge in order to achieve rapid and sustainable economic development ...

Carey | July 2014

1. Introduction In July, 2014 the OECD Secretariat launched a report called “Assessment of Merger Control in Chile”. This report analyzes the Chilean merger control system, identifies its chief problems and makes recommendations in order to overcome such shortcomings. The main conclusion of the report is that the Chilean merger control regime “lacks transparency, legal certainty and predictability”1 ...

ENSafrica | July 2014

The question of who actually owns a trade mark in an important one in South African law. That’s because the Trade Marks Act provides that a trade mark cannot be registered by a party who doesn’t have a bona fide (good faith) claim to ownership of that trade mark.  It goes on to say that a trade mark cannot be registered if the application is made mala fide (in bad faith) ...

ENSafrica | July 2014

Section 3(e)(i) of the Subdivision of Agricultural Land Act (the Act) provides that agricultural land shall not be sold or advertised unless the Minister has consented to it in writing. There are currently conflicting judgements as to whether this provision applies to an option to purchase agricultural land ...

Lavery Lawyers | July 2014

This Need to Know Express is part of a series of newsletters which each answers one or several questions in a practical and concrete way. These bulletins have been or will be published over the next few weeks. In addition, a consolidated version of all the Need to Know Express newsletters published on this topic will be available upon request ...

In March 2013, the Florida Supreme Court issued a seminal decision for businesses and commercial litigators, Tiara Condominium Association Inc. v. Marsh & McLennan Companies, 110 So. 3d 399 (Fla. 2013), in which it expressly limited the applicability of the economic loss rule to products liability cases. For decades, Florida courts had applied the economic loss rule to prohibit a party in contractual privity from seeking to recover economic damages arising from the contract ...

ENSafrica | July 2014

It’s well known that product shapes can be registered as trade marks. The South African Trade Marks Act, for example, has a very wide definition of the term ‘mark’, and this includes words, colours, numbers, patterns, ornamentation and shape. Yet it’s also well known that product shape trade marks are difficult ...

ENSafrica | July 2014

The recent ruling of the US Trademark Trial and Appeal Board (‘the Board’) that registrations for the trade mark Redskinsare to be cancelled because they contain ‘matter that is likely to disparage’ made headlines around the world. The Board found that some 30% of Native Americans would be offended by the term, and that this qualifies as a substantial proportion of the relevant class ...

ENSafrica | July 2014

The recent case of Gallagher Group Ltd v IO Tech Manufacturing (5 August 2013, unreported) may well be one of the most important patent cases in recent times impacting on South African patent validity. Some background to the case is important ...

ENSafrica | July 2014

The recent South African High Court decision in the case of Howden Africa v CFW Industries is extremely interesting. Not so much for what it said (it said very little, comprising no more than two pages of ‘Written Reasons’), but for what it held.   What happened here? A company had a registration for the trade mark Fumex Fans covering fire extraction fans ...

Haynes and Boone, LLP | July 2014

The D.C. Circuit issued a decision on June 27 In re: Kellogg Brown & Root, Inc. (“KBR"), a closely-watched case about whether the attorney-client privilege applies to documents relating to an internal investigation undertaken pursuant to a company’s code of business conduct ...

Carey | July 2014

1. IntroductionIn June, 2014 the National Economic Prosecutor (Fiscalía Nacional Economica – FNE) issued its guidelines for the Analysis of Vertical Restraints ...

The risk of corruption – bribery, money laundering – continues to be a cause of significant concern for U.S. businesses operating in the Latin America region.  Effective compliance programs are clearly the first line of defense to prevent corrupt practices.  But any company with any degree of global operations including Latin America is unlikely to be completely successful ...

Lavery Lawyers | June 2014

COOLING TOWERS AND ASBESTOS : NEW OBLIGATIONS FOR OWNERS, TENANTS, MANAGERS AND EMPLOYERS Over the last year and half, the legislator has addressed the building safety issues in order to ensure the safety of the occupants and visitors of these buildings, as well as the persons who may be exposed to hazards because of equipment attached to such buildings ...

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