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Reflections About Neutrality: How The Government Taxes Productivity
QIL+4 ABOGADOS, February 2018

Reflections About Neutrality: How the Government Taxes Productivity[1] By Xavier Durán with the collaboration of Hellen Guerra Neutrality is a basic concept in tax policy which establishes that a tax system should not interfere in the decision-making process, so that the decision should be taken based on its economic merits and not in its tax implications. Of course, this is not an absolute principle because it is understood that absolute neutrality is impossible to achieve...

Philippine Chapter of the International Comparative Legal Guide to: Litigation & Dispute Resolution 2018
SyCip Salazar Hernandez & Gatmaitan, February 2018

International Comparative Legal Guide to: Litigation & Dispute Resolution 2018 Philippines Ramon G. Songco and Anthony W. Dee, SyCip Salazar Hernandez & Gatmaitan   I. LITIGATION 1 Preliminaries 1...

The New UAE Pledge Law - Security Registration
Afridi & Angell, February 2018

UAE Federal Law 20 of 2016 (Regarding the pledge of moveables as a security for debts) (the Pledge Law) introduced a new regime for registering a pledge over moveable assets which are pledged as security for the repayment of a debt. We reported on this law in our inBrief of January 2017, New UAE Pledge Law Over Moveable Assets. The actual registration of pledges was subject to establishment of a security register pursuant to the implementing regulations issued under the Pledge Law...

Philippine Chapter of Getting the Deal Through: Cybersecurity 2018
SyCip Salazar Hernandez & Gatmaitan, February 2018

Getting the Deal Through: Cybersecurity 2018 Philippines Rose Marie M. King-Dominguez and Ruben P. Acebedo II SyCip Salazar Hernandez & Gatmaitan   1. Summarise the main statutes and regulations that promote cybersecurity...

The GDPR and the Data protection officer (DPO)
Szecskay Attorneys at Law, February 2018

The GDPR contains rules on when it is mandatory for controllers and processors to designate a data protection officer. The Article 29 Data Protection Working Party (WP29) issued guidelines on the data protection officers (DPOs) on 13 December 2016, which were then revised on 5 April 2017, interpreting the respective provisions of the GDPR (Articles 37-39 and Recitals 77 and 97)...

The Fifth Circuit is Asked to Consider the Validity of the “Golden Share”
Haynes and Boone, LLP, February 2018

As we described in ourclient alert dated September 14, 2016, in the aftermath of the real estate downturn from 1989 to 1993, when real estate mortgage lenders began to contemplate making new mortgage loans, they sought to create new legal structures to prevent their prospective borrowers from filing for Chapter 11, and to ameliorate the adverse consequences, if such a filing were to occur. One such structure is a device commonly referred to as the “Golden Share...

COLOMBIA: Legal Developments In Customs & Foreign Trade During 2017
Brigard & Urrutia, February 2018

FTA’s and Other Trade Agreements. On July 12, 2017, the Colombian Congress issued Law 1841, which incorporated the Free Trade Agreement (“FTA”) between Colombia and Israel into the Colombian legal system. Currently, the law approving the Treaty is under review by the Colombian Constitutional Court for its definitive entry into force...

IFLR Project Finance Report 2018 - Israel Chapter
Fischer Behar Chen Well Orion & Co., February 2018

SECTION 1: Market Overview1.1 Please provide an overview of the project finance market in your jurisdiction.Project financing is a well-established finance scheme in Israel, widely implemented in the last 15-20 years. It is used for debt financing in a variety of sectors, particularly where public private partnership (PPP) projects are involved...

Lexology Aviation Navigator: Philippines
SyCip Salazar Hernandez & Gatmaitan, February 2018

Recent developments and trends Recent developments Are there any notable recent developments or trends in the aviation sector in your jurisdiction? Air passenger traffic in the Philippines increased by approximately 10% during 2016. This passenger growth was caused mainly by the expansion of low-cost carriers and flights offered at minimal or affordable prices...

A Clearvu on endorsements
ENSafrica, February 2018

Every now and then, a dispute comes along that adds an extraordinary amount to the law. One such dispute is the Clearvu trade mark case.We have reported on the case of Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd on a number of occasions. This was the case in which a South African court had to consider whether or not it is unlawful for a company to bid on the trade mark of a competitor as a keyword/search term...

HSR Update: Annual Jurisdictional Thresholds Revisions Effective February 28, 2018
Haynes and Boone, LLP, February 2018

Increase in HSR Thresholds.The jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) will increase February 28, 2018 and will apply to any transaction closing on or after that date. The revised thresholds will remain in effect until the next annual adjustment, expected in the first quarter of 2019. “Size of Transaction” Threshold...

Copyright: joint ownership and databases
ENSafrica, February 2018

A South African judgment dealing with joint ownership of copyright in databases has recently come to light. The judgment was handed down almost a year ago, but it seems to have slipped under the radar. This judgment will, however, be of interest to those involved in IP.The case is The Philanthropic Collection (Pty) Ltd v Girls & Boys South Africa...

"Consumer Survey Fails Reliability Test and Results in Dismantling of Massive Verdict By Julian L Bibb IV INTA Bulletin
Waller, February 2018

In vacating a jury’s award of almost $54 million based on a finding of willful trademark and trade dress infringement, an Illinois federal district court granted the defendants’ motion for a new trial, finding the trial “fundamentally unfair due to the admission of unreliable and prejudicial expert testimony.” The Black & Decker Corporation et al v. Positec USA Inc.,No. 1:2011cv05426 (N.D. Ill. Sept. 11, 2017)...

When will POPI come into force?
ENSafrica, February 2018

  The question of when the South African Protection of Personal Information Act, 2013 (“POPI”) will come into force has been asked many times since the Bill was signed into law by the president on 19 November 2013...

Mexico: Bid Round 2.4 Results
Haynes and Boone, LLP, February 2018

On January 31, 2018 the National Hydrocarbons Commission (“CNH”) conducted the long-awaited event for submission and opening of bids for the Deep Water “Round 2.4” E&P license contracts. The bid round comprised 29 offshore deep waters blocks and the overall result was very successful for Mexico...

Greater B-BBEE disclosure requirements for JSE-listed companies
ENSafrica, February 2018

In an effort for the South African government to assess the state of transformation of publicly listed companies, the Broad-Based Black Economic Empowerment Act, 2003 (the “B-BBEE Act”), read together with the B-BBEE Regulations, requires that all companies listed on the Johannesburg Stock Exchange (“JSE”) report to the B-BBEE Commission annually on their compliance with broad-based black economic empowerment (“B-BBEE”)...

On Shaky Ground: How Can Policyholders Prepare for the Predicted Increase of Earthquakes in 2018?
Haynes and Boone, LLP, January 2018

This year has already been a busy one for seismic activity. In the first weeks of 2018 alone, there have been reports of a 7.9 magnitude quake off the shores of Kodiak, Alaska, a 6.2 magnitude temblor in Japan, and a series of tremors in California. And, few will forget the catastrophic earthquakes that struck Mexico City and the Iraq-Iran border last year...

Akanamali: feeling like you can make some money?
ENSafrica, February 2018

In South Africa, the song Akanamali, sung by the artist Sun-El Musician and featuring Samthing Soweto, was one of the most popular songs of 2017. Towards the end of the year, South African financial services giant First National Bank (“FNB”) ran a campaign to promote its products and services. It called this campaign Akanamali and featured the hook of the song, which was about a lack of money...

For Hazardous Air Pollutants, “Once in, Always in,” is Out
Haynes and Boone, LLP, January 2018

In a major departure from over 20 years of practice, the EPA announced on January 25 that it is withdrawing the “once in, always in” (OIAI) interpretation of the hazardous air pollutants (HAPs) program. The OIAI required sources of HAPs to permanently comply with Maximum Achievable Control Technology (MACT) standards applicable to major sources of HAPs, even when those sources’ emissions are below major source levels...

Regulators join forces to ensure B-BBEE compliance
ENSafrica, January 2018

On 15 December 2017, the South African Department of Trade and Industry (the “DTI”) published a memorandum of understanding entered into between the Companies and Intellectual Property Commission (the “CIPC”) and the Broad-Based Black Empowerment Commission (the “B-BBEE Commission”) (the “CIPC MOU”)...

Mexico: Round Three – Second Public Bid
Haynes and Boone, LLP, January 2018

The National Hydrocarbons Commission (CNH) published the call for the second bid of Round 3 on January 25, 2018. This new bid round (Round 3...

Is your organisation ready for POPI and the GDPR?
ENSafrica, January 2018

In an increasingly connected world, the protection of privacy and personal data has become a key concern for legislators in a number of jurisdictions. In South Africa, an attempt to give effect to the constitutional right to privacy resulted in the Protection of Personal Information Act, 2013 (“POPI”), which was gazetted on 26 November 2013...

European Employment Law Update 2018 Edition
Shepherd and Wedderburn LLP, January 2018

Shepherd and Wedderburn’s employment team has collaborated with 30 leading law firms across Europe to produce the European Employment Law Update for 2018. Now in its fourth year, the 2018 edition of the annual update aims to assist organisations with a pan-European presence in keeping up to date with changes to legislation and best practice. 2017 has seen immense changes to employment law throughout Europe, and the coming year looks to bring more of the same...

Amendments to the taxation of debt restructures
ENSafrica, January 2018

Since 1 January 2013, section 19 of the Income Tax Act, 1962 (the “Act”) and paragraph 12A of the Eighth Schedule to the Act (the “Eighth Schedule”) have determined the tax implications where a debt owing by a taxpayer is cancelled, waived, forgiven or discharged for no consideration (or for consideration that is less than the amount of the debt)...

Philippines: The Legal Landscape
SyCip Salazar Hernandez & Gatmaitan, January 2018

Philippines: The Legal Landscape Hiyasmin H Lapitan,Franco Aristotle G Larcina,Anna Teresita A MarceloandMichael Trance Joseph M Nuñez SyCip Salazar Hernandez & Gatmaitan Country overview 1 Give an overview of the country’s economy, its structure and main characteristics, and prevailing government economic policy, particularly as regards foreign investment. The Philippines is an archipelago composed of more than 7,000 islands with 82 provinces divided in 18 regions...

Potential VAT cash flow problem for residential property developers
ENSafrica, January 2018

The recent end of the value-added tax (“VAT”) relief period for property developers in South Africa, who temporarily let their residential units, may have a significant impact on their cash flow.  BackgroundOrdinarily, property developers acquire or develop fixed property (including residential properties) for the purpose of resale...

Amendments To The Slovenian Construction Law
Karanovic & Nikolic, January 2018

With the aim of breathing a bit of fresh air into the Slovenian construction legislation, three new laws have been adopted recently and will be applied with effect from 1 July 2018. The current Construction Act will be replaced with both the new Building Act and the Architectural and Civil Engineering Activities Act, while the current Spatial Management Act will also be subject to certain amendments...

Africa tax in brief
ENSafrica, January 2018

ANGOLA: Draft law on tax and foreign exchange compliance approvedParliament approved a draft law on the Extraordinary Regime on Tax and Foreign Exchange Compliance, regulating the repatriation of assets held abroad that have not been declared in Angola in December 2017...

Bitcoin - Fraud or Panacea?
Stout, January 2018

After a number of government enfourcement actions involving alleged fraud schemes related to cryptocurrencies, Bitcoin is under heightened scrutiny. Earlier this year, Jamie Dimon, the head of JPMorgan, the largest bank in the U.S., made headlines by calling Bitcoin a “fraud.” Dimon said, “The currency isn’t going to work. You can’t have a business where people can invent a currency out of thin air and think that people who are buying it are really smart...

Trade marks and politics
ENSafrica, February 2018

It’s interesting how often trade marks and politics intersect, especially in South Africa!In the most recent example, the issue was whether a political party that had broken away from the ruling African National Congress (“ANC”) – the African Democratic Change – had infringed the rights of the ruling party. As is commonly known, the logo of the ANC features the colours black, green and gold, as well as an image of a hand grasping a spear...

“HURRICANE HARVEY” AND THE WINDS OF CHANGE
TSMP Law Corporation, January 2018

Have we reached the tipping point in the fight against sexual harassment in the workplace? In late August 2017, Hurricane Harvey struck the Caribbean and the United States, causing unprecedented devastation and destruction. Less than two months later, a very different “Hurricane Harvey” followed, one that precipitated a renewed global consciousness over issues of sexual harassment...

Are you aware of your B-BBEE compliance obligations?
ENSafrica, January 2018

Broad-based black economic empowerment (“B-BBEE”) is a policy of the South African government that is aimed at increasing participation by previously disadvantaged South Africans in economic activities. The Broad-Based Black Economic Empowerment Act, 2003 (the “B-BBEE Act”) is the primary legislation through which this B-BBEE policy is implemented...

A Comparison of Non-Operator’s Rights Under the Joint Operating Agreement 1982 and 1989 Model Forms
Haynes and Boone, LLP, January 2018

Companies looking to purchase non-operating working interests will review longstanding operating agreements, or negotiate the terms of new operating agreements, to ensure that appropriate non-operator rights are present and enforceable...

Labour Court rules on automatically unfair dismissals in the context of changes in employment conditions
ENSafrica, January 2018

The recent decision of the Labour Court in National Union of Metalworkers of South Africa obo members and Aveng Trident Steel (A division of Aveng Africa (Pty) Ltd) may provide some cheer to employers facing the challenges of restructuring their workforce in difficult economic times. Since 2014, the employer in this matter has faced strong economic headwinds caused by a downturn in sales and increased costs...

Reality Check – Political and Economic Realities Hamper Efforts to Reopen U.S. Waters to Offshore Drilling
Haynes and Boone, LLP, January 2018

On January 4, 2018, the U.S. Department of the Interior ("Department") announced its draft proposal of the 2019-2024 Outer Continental Shelf ("OCS") Oil and Gas Leasing Program that would reopen nearly all federal waters to offshore leasing for new oil and gas operations...

Employment discrimination outlawed if based on a criminal record irrelevant to the work in question
ENSafrica, January 2018

The Mauritian Equal Opportunities Act, 2008 (the “Act”) prohibits and sanctions discrimination in employment on the basis of a person’s status. Status encompasses age, ethnic origin, race, sex and sexual orientation, among others...

Mexico’s Ministry of Energy Issues New Guidelines for the Wholesale Power Market in Mexico
Haynes and Boone, LLP, January 2018

In January 2018, Mexico’s Ministry of Energy (“SENER”) published several Guidelines as part of the applicable rules for the Wholesale Power Market (“WEM”) in the Federal Gazette. This Haynes and Boone alert is important to all participants of the WEM, including qualified users, suppliers, marketers, non-suppliers and generators. 1...

Draft Carbon Tax Bill released for comment
ENSafrica, January 2018

On 14 December 2017, the South African National Treasury published a Draft Carbon Tax Bill (the “Bill”) for public comment, with the comment period commencing immediately and continuing until 9 March 2018...

Increase in regulatory reporting needs from existing and new clients globally
Amicorp Services Ltd., January 2018

Increase in regulatory reporting needs from existing and new clients globally The ever-evolving regulatory landscape is forcing corporations, asset and fund managers, family offices and financial institutions to solve multiple regulations and compliance rules simultaneously...

Introduction of the in duplum rule in Rwanda
ENSafrica, January 2018

The third quarter of 2017 saw a number of changes in the regulatory framework of the Rwandan financial sector, the most significant of which included a change in the law governing the regulator of the financial sector (the National Bank of Rwanda) and the enactment of the New Banking Act governing the organisation of banking, both of which were gazetted in October 2017...

Changing Outlook, Same Concerns: Key SEC Disclosure Topics in 2018 for E&P Companies
Haynes and Boone, LLP, January 2018

Comment letters to oil and natural gas exploration and production (E&P) companies by the Division of Corporation Finance of the Securities and Exchange Commission (SEC) indicated several major areas of concern for the Division during 2017 regarding companies’ disclosures. Many of the topics addressed were similar to those raised by the Division’s staff in 2015-2016, but some were new, such as the staff’s focus on non-U.S...

World Bank Group: “Doing Business 2018: Reforming to Create Jobs”
SyCip Salazar Hernandez & Gatmaitan, January 2018

Overview Doing Business 2018: Reforming to Create Jobs, a World Bank Group flagship publication, is the 15th in a series of annual reports measuring the regulations that enhance business activity and those that constrain it. Doing Business presents quantitative indicators on business regulations and the protection of property rights that can be compared across 190 economies—from Afghanistan to Zimbabwe—and over time...

UAE VAT Designated Zones Defined
Afridi & Angell, January 2018

The UAE Ministry of Finance has released Cabinet decision No. 59 of 2017 specifying all Designated Zones to be effective from 1 January 2018 for the purposes of implementing the Designated Zone provisions in Federal Decree Law No 8 of 2017 on Value Added Tax. The Cabinet has the authority to amend the list of Designated Zones as required...

Federal Circuit Flips – Wi-Fi One v. Broadcom Holds That PTAB’s Time-Bar Determinations Are Appealable
Haynes and Boone, LLP, January 2018

On January 8, 2018, the U.S. Court of Appeals for the Federal Circuit issued itsen bancdecision inWi-Fi One, LLC v. Broadcom Corp., Appeal 2015-1944 (Fed. Cir. Jan. 8, 2018) (en banc) holding that Patent Trial and Appeal Board (“PTAB”) time-bar determinations under 35 U.S.C. § 315(b) in aninter partesreview (“IPR”) proceeding are appealable. Theen bancdecision overrules a panel’s earlier decision inAchates Reference Publishing Inc. v. Apple Inc.803 F...

Certificate of Good Conduct Required for all UAE Employment Visas
Afridi & Angell, January 2018

A new requirement will be introduced shortly that will affect all applications for employment visas. Beginning 4 February 2018, a Good Conduct and Behavior Certificate must be submitted along with the other supporting documents when an employer seeks to sponsor a residence visa for a new employee who is not a UAE national. It appears that the requirement will apply throughout the UAE, including the nation’s many free zones...

Congress Doubles Estate and Gift Tax Exemption
Haynes and Boone, LLP, January 2018

The tax reform bill passed by Congress at the end of 2017 significantly reduces the number of taxpayers whose families will pay gift tax or estate tax, but it comes with an “expiration date” of December 31, 2025. Prior to the Tax Cuts and Jobs Act (the Act), an individual could transfer up to $5,490,000 ($10,980,000 for a married couple) without paying estate, gift, or generation-skipping transfer (GST) taxes...

Serbian Commission Fines Another Bid Rigging Cartel
Karanovic & Nikolic, January 2018

The Serbian Competition Commission (the "Commission") recently fined four undertakings for bid rigging in the public procurement for the maintenance of train wagons. The contracting authority, the "Nikola Tesla" power plant, which represents the largest electricity-producing complex in Serbia, informed the Commission about possible collusion in public procurement for repair services for the train wagons it uses in coal transportation...

New Law: Federal Circuit Finds Ban On Scandalous/Immoral Trademarks Unconstitutional
Haynes and Boone, LLP, January 2018

As part of a now-infamous 1972 monologue, comedian George Carlin listed the “Seven Words You Can Never Say on Television,” colorfully repeating each throughout his routine. While many of those words remain unacceptable for the airwaves, they may now be suitable for federal trademark registration, thanks to a recent decision from the Federal Circuit Court of Appeals...

Getting the Deal Through: Enforcement of Foreign Judgments 2018
SyCip Salazar Hernandez & Gatmaitan, December 2017

1. Treaties Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties and what, if any, amendments or reservations has your country made to such treaties? The Philippines is not a party to any bilateral or multilateral treaty for the recognition and enforcement of foreign judgments...

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)...

 

 

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