Does the recent High Court decision in Butler-Sloss and Others -v- The Charity Commission and the Attorney General change the law on how charity trustees should approach investing their funds? The short answer is “no”. The decision is a reinterpretation of the 30-year-old decision in the Bishop of Oxford case for our modern world and a reinstatement of the fundamental duty of charity trustees to act in the best interests of their charities’ purposes ...
Background The Malta Financial Services Authority has informed investment firms of the amendments carried out to Part BI of the investment services rules for Investment Services Providers. These amendments seek to implement the provisions of the Commission Delegated Regulation (EU) 2021/1253 ...
Mayuree Sapsutthiporn, Partner and Head of China Practice of Kudun and Partners, and Wu Xiaomin, Manager of China Practice, were invited as guest speakers to share their insights on the “Main Legal Issues And Risks Chinese Enterprises Need To Be Aware of When Doing Business In Thailand” held by China Council for the Promotion of International Trade (“CCPIT”), and other related organizations ...
Even though Belgium is lagging behind when it comes to enacting specific legislation, companies doing business in Belgium should be aware of the risk of being held accountable for human rights violations or environmental pollution up or down their value chain. Human rights violations are a ‘hot’ topic and businesses are confronted with ethical challenges in this respect ...
A recent case provides a new approach to analysis of the enforceability of co-tenancy clauses in shopping center leases. In JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC (June 28, 2022, No. C094190) __ Cal.Rptr.3d __ [2022 WL 2313437] ("JJD"), the Third District Court of Appeal declined to apply penalty analysis under Civil Code §1671 to a co-tenancy clause, as the Fifth District had done in Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc. (2015) 232 Cal.App ...
A summary of the key takeaways from a recent webinar on reducing scope 3 Purchased Goods & Services and Capital Goods emissions. Shoosmiths is delighted to be sponsoring United Nation Global Compact Network (UNGC) UK’s series of webinars on ‘Reducing Scope 3 Emissions’ ...
SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) is once again recognized by Managing IP’s IP STARS 2022 as a Tier 1 firm for its Patent practice. Earlier this year, SyCipLaw was also cited as a Tier 1 firm for its Trade mark work. In addition, the firm’s IP practitioners once again received outstanding rankings this year: Vida M. Panganiban-Alindogan, Partner and Head of IP Department (IPD), Trade Mark StarEnrique T ...
Are you feeling lucky? Hungary set to liberalise the online sports betting market Hungarians fancying a flutter on their local football team winning the next game can only (legally) indulge in doing so through a state-owned monopolist. This is about to change, however, as Hungary is set to liberalise its online sports betting market providing opportunity for EU gaming operators ...
Prior to the entry into force of the FDI Screening Regulation on 11 October 2020, there was no EU-wide formalized cooperation among the Member States and the European Commission on these matters. In the EU, the European Commission’s strong expectation is that all 27 EU Member States will put national FDI screening mechanisms in place. A national screening mechanism in all 27 Member States serves to safeguard all individual Member States against potentially risky foreign investments ...
On 28 May 2022, the Belgian law transposing EU Directive 2019/2161 into the Code of Economic Law (CEL) entered into force (the “Omnibus Act”). The Omnibus Act aims to modernise consumer protection given the increasing development of e-commerce. In addition to new transparency obligations for online marketplaces, the Omnibus Act has new general information obligations, and new unfair commercial practices and obligations for price reduction announcements that apply to all retailers ...
Troy Schooneman, partner and head of Kudun and Partners’ International Practice was invited to be a panelist at the World Services Group(WSG)’s Asia Pacific Region Discussion on Offshore Law Regime, a collaborative online seminar organized by the World Services Group (WSG) together with Kudun and Partners, an award-winning independent law firm in Thailand; Carey Olsen, a leading offshore law firm advising on Bermuda, British Virgin Islands, Cayman Islands, Guernsey and Jersey law, an
Many companies have a keen interest in recycling and upcycling old products for resale, both for environmental and promotional purposes. But when those products contain third-party intellectual property, there can be trademark and copyright concerns. Dinsmore intellectual property partner Karen Gaunt wrote about this topic for Best Lawyers' Women in Law issue, out this month. Gaunt herself has been named a Best Lawyer multiple times since 2013. An excerpt of the article is below ...
1. Introduction After a long consultation period, the European Commission recently published the new Block Exemption Regulation for Vertical Agreements (Regulation (EU) 2022/720 "VBER"). The regulation will enter into force on 1 June 2022. New Guidelines on vertical restraints ("Guidelines") will accompany the new VBER. Both replace the previous set of rules from 2010 ...
Prescription (Scotland) Act 2018 Prescription is the rule of law in Scotland that extinguishes certain rights and obligations after a period of time. This includes a right to recover damages for breach of contract. In Scotland, a contractual claim prescribes after five years; therefore formal proceedings, either court or arbitration, must be raised and served in order to stop the five-year period running. On 1 June 2022, important changes to prescription become law in Scotland ...
A key feature of Undertakings for the Collective Investment in Transferable Securities (“UCITS” fund) is the Key Investor Information Document (“KIID”), which provides the retail investor with simplified information from the prospectus. UCITS also qualify as Packaged Retail Investment and Insurance Products (“PRIIPS”) ...
On 24 May 2022, the Port Authority of the Ministry of Transport and Communications (“MOTC”) under the State Administration Council (“SAC”) of Myanmar issued an invitation for bids to be submitted to conduct a feasibility study for the construction of a new international port terminal (“Project”) in Mawlamyine district of Mon State on the western coast of Myanmar’s southeastern peninsula ...
One of the objectives of Product Oversight and Governance requirements is for manufacturers and distributors of an insurance or investment product to take into consideration the interests of customers when designing and /or distributing the relevant product ...
InvitationDear Ladies and Gentlemen,ALRUD Law Firm is honored to invite you to participate in our webinar:Foreign Business in Russia: What to Do and How to Mitigate Your Risks?The initial shock has passed, and the time has come to summarise the new legal regime as it pertains to your foreign business in Russia. In recent months, we have been assisting numerous foreign clients from different industries in developing and implementing solutions concerning their foreign business in Russia ...
Article PDF By David Longinotti and Candra Jackson Practical Insights--> Non-Disclosure Agreements, or NDAs, are intended and designed to assure the confidentiality of shared proprietary information. Confidential information disclosed without an NDA in place raises the risk of misappropriation. This risk is especially heightened when dealing with foreign counterparties given the legal and practical challenges of enforcing rights against them ...
SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) has received Tier 1 rankings in “Patents” and “Copyrights/Trademarks” categories in the Philippines on Thomson Reuters’ Asian Legal Business (ALB) IP Rankings for 2022. ALB is a publication that provides insights on legal professionals throughout Asia and identifies and ranks top firms for intellectual property practice in Asia ...
On April 29, 2022, the National Information Security Standardization Technical Committee issued for public comments a draft of the Technical Specifications for the Certification of Personal Information Cross-border Processing (the “Draft Specifications”) ...
The Ministry of Energy (“MOE”) under the State Administration Council (“SAC”) of Myanmar has issued two invitations for sealed bids to be submitted to function as: an operator and shareholder in the Yetagun Project (“Yetagun Project”) in the Moattama Offshore Area Blocks on a production-sharing contract basis (“PSC”); and a petroleum operator for the Htaukshabin-Kanni Oil Field (“HK Oil Field”) onshore oil fields on Improved
On April 12, 2022, Law No. 21,440 was published in the Official Gazette, which modifies Law Decree No. 3,063 (Municipal Income Law), creating a new regime applicable to donations in favor of non-profit legal entities, which contemplates certain tax benefits. This new regime will be complementary to those contained in special regulations regarding donations ...
In March 2021, the Philippine Bureau of Internal Revenue (BIR) issued Revenue Memorandum Order No. 014-21 (the Memorandum), which streamlines the procedures for non-resident corporations and other juridical entities (collectively "non-resident taxpayers") to access Philippine tax treaty benefits ...
