As we enter the final quarter of 2021, there are many things still to do and plan for before the end of the year. There are also some timing considerations given proposed legislative changes and the lead time needed to accomplish some of these items. You should be reviewing your year-end estate planning or business transition concerns NOW ...
Despite the restrictions on activity affecting Hong Kong since the beginning of the year, there have been several enforcement cases reported which can provide some useful lessons or reminders for intermediaries. Approvals involve due diligence A requirement for approval for a transaction indicates that the transaction is unusual or involves material risk ...
A recent IRS concession bodes well for how the tax treatment of proof of stake validators may develop through case law. On December 20, 2021, the IRS offered a full refund to the plaintiffs in Jarrett et al v. United States for taxes paid on tokens created through proof of stake on the Tezos blockchain in 2019. In a statement released February 3, 2022, Joshua Jarrett confirmed the decision to seek an IRS ruling in the cryptocurrency case, rather than accept the tax refund ...
A costly mistake by the Ministry of Defence (MoD) has highlighted the importance of careful drafting to ensure access to a software program’s source code. The source code is the line of code in which the software is written, in language intelligible to a suitably trained software developer. Through the use of a compiler, the source code is converted to object code which forms the software program ...
The UK’s highest court recently ruled that Morrisons, a supermarket group, was not vicariously liable for the criminal act of an employee with a grudge who leaked the payroll data of about 100 000 members of staff. Many companies sighed in relief on hearing that the Supreme Court of Appeal did not hold Morrisons vicariously liable ...
In light of the declaration of a national state of disaster as a result of the Coronavirus (COVID-19) pandemic, it is now likely that schools and further learning institutions in South Africa will remain closed for the foreseeable future (even after the national lockdown period) and online teaching will be inevitable. However, privacy, data protection and security are critical when teachers and learners are working remotely due to the higher risk of personal data breaches ...
With the outbreak of the coronavirus (COVID-19), many businesses have taken the decision to request that employees work from home. To work from home, employees will either be using their own personal devices or company-issued equipment to either access the company network remotely or to transmit data and information through their own personal network. There are a few inherent information security risks that are posed by these arrangements ...
In light of President Ramaphosa’s announcement of a phased approach to the end of lockdown, many businesses will still be required to remain closed (or partially closed) after 30 April 2020. With this in mind, many employers will still require assistance from the Coronavirus (COVID-19) Temporary Relief Scheme (“C19TERS”) ...
A recent government notice amended the regulations published in terms of the Disaster Management Act, 2002 to provide for the mandatory establishment of the COVID‑19 Tracing Database by the National Department of Health. This database will trace people who are known or reasonably suspected to have come into contact with any person known or reasonably suspected to have contracted COVID-19 ...
The Crypto Assets Regulatory Working Group (“CAR WG”) of the Intergovernmental Fintech Working Group (“IFWG”) has released its long-anticipated position paper on crypto assets. The position paper proposes that a clear regulatory policy for crypto assets be adopted in South Africa. However, it is still recommend that crypto assets not be regarded as legal tender or public money ...
HUD-insured debt may be a narrow field within the broader realm of commercial real estate finance, but it never ceases to amaze me the variety of issues that I encounter within the relatively small HUD sandbox. Dinsmore’s work as lender’s counsel on a recent multifamily 223(f) loan had me grappling with issues related to sovereign immunity, a legal concept that had barely entered my consciousness since graduating from law school ...
On September 17, 2021, the Stock Exchange of Hong Kong Limited (“HKEX”) published a consultation paper (the “Consultation Paper”) to publicly seek market opinions on draft amendments to the Rules Governing the Listing of Securities on the Exchange (the “Listing Rules”). The amendments aim to promote and implement a listing regime for special purpose acquisition companies (“SPACs”) in Hong Kong ...
In recent years, Special Purpose Acquisition Companies or “SPACs” have gained tremendous popularity in the United States. In 2020 alone, one hundred SPACs accounted for approximately $80 billion in US public fundraising. Although that enthusiasm has not reached the same levels in continental Europe, these investment vehicles are also increasingly making their way into the different European markets. Today, about six SPACs are listed on Euronext Amsterdam ...
The moniker "spam" for unsolicited and often indiscriminate electronic communications to multiple mailing lists, individuals, or newsgroups derives from a famous sketch in the British television comedy series Monty Python's Flying Circus. However, these days spam is no joke. It is a scourge on modern communications ...
Thanyaluck Thongrompo, partner of Kudun and Partners, was invited to be a speaker at the Faculty of Business Administration, Maejo University on the topic “Digital Assets Law in Thailand” where she shared her knowledge and experience in handling digital asset matters in Thailand. This seminar is a part of the business administration students’ academic program that focuses on derivatives, with digital assets being one of the most popular topics of recent ...
Kongkoch Yongsavasdikul, partner and co-head of startup practice, was invited to be a panel discussion speaker at the Chulalongkorn University Technology Center (UTC) on the topic “Key Legal Issues when Considering a Spin-off” to share his knowledge on the legal issues that investors should be aware of before considering a spin-off. Other panel speakers include Lect. Dr ...
Kudun Sukhumananda, partner and co-head of corporate and M&A Practice, Supatra Kerinsaguna, senior associate, Koraphot Jirachocksubsin, lead associate of digital law practice and Suchaya Tangsiri, lead associate of startup practice were invited to speak at the Faculty of Law, Chulalongkorn University on the topic “Legal Accelerator for Innovation Commercialization” which focuses on digital law, digital asset, corporate law and regulations including M&A transaction ...
Peerasanti Somritutai, partner and head of the real estate practice of Kudun and Partners, represented the firm as a panelist in a webinar organized by the Legal & Tourism Hospitality Committees of the American Chamber of Commerce in Thailand (AMCHAM), to share his commercial and legal insights in relation to the topic “Financing the Return of Thailand’s Hospitality Sector” ...
Kongkoch Yongsavasdikul, partner and co-head of Startup Practice and Suchaya Tangsiri, lead associate of Startup Practice were invited to speak on the SME NEXTFORMATION Program, hosted by True Digital Park on topic “Legal for SME and Startup” SME NEXTFORMATION Program aims to help SMEs, small and medium-sized businesses how to adapt their businesses to survive in this era, teach SMEs to apply innovations to their businesses for sustainable growth, as well as, learn how to in
On April 14 and April 15, 2020, the Small Business Administration ("SBA") provided additional guidance on the Paycheck Protection Program (“PPP”) through the issuance of a new Interim Final Rule (the “New Rule”). This rule supplements the first PPP interim final rule published on April 2, 2020, as well as issuing updates to the Frequently Asked Questions document (“FAQs”) originally published on April 2, 2020 ...
The National Government issued Decree 434 of 2020 with the aim of mitigating the economic effects of COVID-19 in Colombian territory ...
Businesses across the country have wondered how the new Special Inspector General for Pandemic Recovery (SIGPR) will enforce the CARES Act’s loan requirements, especially with the large number of loan and forgiveness applications. Until recently, the answer was unclear. Press releases have announced Memoranda of Understanding (MOU) between SIGPR and three U.S. Attorney’s Offices to collaborate on investigating and prosecuting CARES Act violations ...
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”) ...
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”) ...
