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In commemoration of the firm’s 70th anniversary, SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) produced a publication about the general guidelines in doing business in the Philippines. It aims to showcase the Philippines as an attractive venue for business ventures and to also guide the businessmen and lawyers alike in their business decision making ...

Shoosmiths LLP | August 2015

The government's stated approach to transparency in the supply chain provisions is to strike a balance between improving transparency in the supply chain whilst ensuring that businesses take appropriate and proportionate action to tackle modern slavery. The government's response provides useful definitions which are encompassed within the term 'modern slavery' for the purposes of the Modern Slavery Act 2015 ...

Waller | August 2015

Nonprofit hospital executives and lawyers throughout the country are taking notice of a recent tax court case out of New Jersey involving the Morristown Medical Center, in which Judge Vito Bianco agreed with the local town and denied the New Jersey hospital of its tax exemption for the majority of its properties. Estimates put the annual dollar cost of this loss of property tax exemption for the hospital at between $2.5 million to $3 million ...

Haynes and Boone, LLP | July 2015

On July 22, 2015, the Treasury Department and the Internal Revenue Service (“IRS”) released proposed regulations (the “Proposed Regulations”) providing that in certain circumstances a service provider’s allocations of a partnership’s income may be treated as compensatory payments for services under the Internal Revenue Code of 1986, as amended (the “Code”) ...

Waller | July 2015

Last week marked the fifth anniversary of the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), and a number of proposed rules have been released recently by the U.S. Securities and Exchange Commission to implement corporate governance and disclosure requirements required by Dodd-Frank applicable to reporting companies under the Securities Exchange Act of 1934 (as amended, the “Exchange Act”) ...

SyCip Salazar Hernandez & Gatmaitan contributed the Philippines chapter of Herbert Smith Freehills’ Guide to anti-corruption regulation in Asia Pacific 2015. The Guide provides a practical approach to applicable anti-bribery legislation and enforcement regimes. Contributed by managing partner Rafael A. Morales, partner Russel L. Rodriguez, and associate Vera Marie H ...

Haynes and Boone, LLP | July 2015

Moving faster than many expected, the National People’s Congress of China promulgated the amended Food Safety Law (“2015 Food Safety Law”) on April 24, 2015. The 2015 Food Safety Law will be effective on October 1, 2015. The 2015 Food Safety Law is regarded as the most stringent food safety regulation in the history of China ...

Bustamante Fabara | July 2015

The Ecuadorian Civil Code is based in the code that made the great Chilean jurist Andrés Bello. The majority Civil Codes in Latin America are based in the Andres Bello Civil Code´s, which is based on the Civil Code of Napoleon Bonaparte. It has had several reforms over the time, on which attempt has been made to update to the reality and circumstances of each time. The Ecuadorian Civil Code is divided in four books: i) Persons; ii) Goods; iii) Succession upon death; and, iv) Obligations ...

Haynes and Boone, LLP | July 2015

Since the FDA issued the final menu labeling rule last December, franchisors have been asking what their role and liability is within the framework created by the FDA. In spite of years of FDA consideration and extensive input from industry, food establishments that are subject to the rule remain uncertain about how to comply with its requirements. In addition, the FDA has said very little about how it will enforce the rule To read the full alert, click here ...

Haynes and Boone, LLP | July 2015

Heightened concerns over recent National Labor Relations Board (“NLRB”) complaints authorized against McDonald’s, USA, LLC—which threaten to undermine the common understanding of a franchisor-franchisee relationship and expand the definition of “employer”— caught the eye of Texas legislators during the recently concluded 84th Regular Texas Legislative Session ...

Haynes and Boone, LLP | June 2015

A wave of settlements with municipal underwriting firms under the SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative has brought renewed attention to continuing disclosure obligations in municipal offerings. But, it also raises questions about the initiative’s purportedly favorable settlement terms. On July 18, 2015, the SEC announced settlements with 36 municipal underwriters for willfully violating Section 17(a)(2) of the Securities Act ...

Lavery Lawyers | June 2015

Directors’ liability for payroll withholding taxes Due diligence: An evolving standard To what risks of liability or being found guilty are directors exposed? Environmental liability of directors and officers DIRECTORS’ LIABILITY FOR PAYROLL WITHHOLDING TAXES Luc Pariseau and Audrey Gibeault

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Bustamante Fabara | June 2015

Ecuador is no stranger to the “State Capitalism” economic stream which prevailed in South America in the last two decades. This way to directly involve the central government to the country’s economy has triggered deep changes to the commercial relationships ...

Haynes and Boone, LLP | June 2015

Recently adopted regulations from the Securities and Exchange Commission (the “SEC”) came into effect on June 19, 2015, facilitating qualifying companies’ access to capital and providing investors with additional investment choices. Commonly referred to as Regulation A+, the regulations amend and expand the exemption for smaller public offerings under Regulation A (Rules 251 to 263 under the Securities Act of 1933, as amended (the “Securities Act”)) ...

Wardynski & Partners | June 2015

Internal investigations conducted by enterprises in-house when irregularities are suspected offer many advantages to businesses compared to initiatives undertaken by public law enforcement authorities ...

Waller | June 2015

Later this month, new rules will make it easier for smaller companies to access capital. The new rules, referred to as “Regulation A+", were adopted earlier this year by the Securities and Exchange Commission (“SEC”). To amend and expand the exemption for public offerings afforded by Regulation A under the Securities Act of 1933, as amended (the “Securities Act”), as mandated by the Jumpstart Our Business Startups Act (the “JOBS Act”) ...

Waller | June 2015

Much has been made of a recent amendment to the Tennessee Business Corporation Act and its impact on the financial liability of corporate directors. Newly added Section 48-24-109 of the Tennessee Code Annotated provides that, in the event a corporation is dissolved, “[d]irectors shall cause a dissolved corporation to discharge or make reasonable provision for the payment of claims and make distributions of assets to shareholders after payment or provision for claims ...

Following President Obama’s announcement on December 17, 2014 of a policy to normalize relations with Cuba,the Department of Commerce’s Bureau of Industry and Security (BIS) amended its Export Administration Regulations (EAR) and the Department of the Treasury’s Office of Foreign Assets Control (OFAC) amended its Cuban Assets Control Regulations (CACR) on January 16, 2015, to implement the policy change ...

Haynes and Boone, LLP | June 2015

On April 21, 2015, the State Council of China (i.e. the central government) adopted the proposed draft of Administrative Measures on Concession of Infrastructure and Public Utilities Projects (the “Infrastructure Measures”) ...

Asters | June 2015

Merger control in Ukraine: overviewRegulatory framework1. What (if any) merger control rules apply to mergers and acquisitions in your jurisdiction? What is the regulatory authority?Regulatory frameworkMergers and acquisitions, as well as establishment of an undertaking and appointments to corporate positions under certain circumstances, are subject to merger control in Ukraine ...

Download a free copy of the Philippine section of The Public-Private Partnership Law Review edition 1, which was contributed by the SyCipLaw Partners Marievic G. Ramos-Añonuevo and Arlene M. Maneja.Aside from the Philippines, other jurisdictions covered include Argentina, Australia, Belgium, Brazil, Canada, China, France, Ireland, Japan, Mozambique, Paraguay, Turkey, the United Kingdom and the United States ...

The Securities and Exchange Commission (“SEC”) touted 2014 as a record year for its enforcement program and noted cases that spanned the spectrum of the securities industry. Actions against municipal securities issuers and underwriters particularly stand out among the many areas of aggressive enforcement in 2014 ...

Afridi & Angell | May 2015

The Wills and Probate Registry in the Dubai International Financial Centre (the “Registry”) opened in late April of this year. It is now possible to register a will in Dubai, and to have a high degree of confidence that it will be enforced in accordance with its terms. Prior to the establishment of the Registry, it hadn’t been possible to be so confident that foreign wills would be enforced in the United Arab Emirates ...

ALTIUS/Tiberghien | May 2015

The Act of 21 December 2013 concerning the financing of small and medium-sized undertakings (the “Act”) was published in the Belgian State Gazette on 31 December 2013. The Act entered into force in 2014 and applies to all Credit Agreements that have been concluded since that date. The Act applies to all Credit Agreements entered into between an Undertaking and an EEA Provider of Credit ...

The SEC’s Division of Investment Management issued a guidance update last week reminding registered investment advisers and registered investment companies of the importance of cybersecurity and providing recommendations on specific measures that advisers and investment companies should consider in addressing their cybersecurity risks.  Last week’s guidance update demonstrates the SEC’s continued focus on cybersecurity as part of its compliance initiatives ...