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Your Contracts: a Systematic and Disciplined Approach is Called for
Lavery Lawyers, March 2008

Every day, and several times a day, we enter into contracts without knowing it or without considering and controlling their effects. This bulletin provides a brief and non-exhaustive summary to help you better understand, prepare for and monitor your contractual environment...

"Commission Free to Gag"
MinterEllisonRuddWatts, April 2011

Last week the Court of Appeal confirmed the extensive nature of the Commerce Commission’s (Commission) gagging powers. The scope of such powers may come as a surprise to many. On 10 March the Court of Appeal allowed the Commission’s appeal and rejected Air New Zealand’s (Air NZ) cross appeal in the “gagging orders” case...

‘Do You Yahoo!’?
Springboard Corporate Finance, April 2016

So, I confess to being old enough to remember the ‘Do You Yahoo!’ television adverts of the 1990s… A certain comb over look that was replaced by a not insubstantial afro wig, a talking dolphin – ring any bells?Regardless, for many of us Yahoo! was the place where we started our online adventures...

‘Tis the Season to Be on Heightened Alert: FBI Warns of Targeted Cyber Attacks
Dykema, November 2019

Hackers delight in targeting U.S. companies during the holiday season triggering a year-end spike in cyber-attacks, with Carbon Black reporting a 57.5 percentincrease in attempted cyber-attacks during past holiday seasons. This year we can expect that threat actors across the globe will remain online throughout the holiday season, looking to capitalize on the distraction of the holidays and the increased internet traffic that comes with online holiday shopping...

“...firm steps to end cartels” —the criminalisation of cartel activity
ENSafrica, April 2016

South African Minister of Economic Development, Ebrahim Patel, has announced that, from 1 May 2016, cartel conduct (price fixing, market allocation and collusive tendering) comprises criminal activity. Directors or persons with management responsibility who participate in cartel conduct or who are aware of cartel conduct and fail to take appropriate action can be criminally prosecuted...

“Control Person” Claim for Employee’s “Outside” Securities Transaction is Reinstated by Texas Appeals Court
Haynes and Boone, LLP, January 2011

Earlier this month, the Court of Appeals of Texas, Third District, Austin, reinstated a “control person” claim under the Texas Securities Act (“TSA”) against Merrill Lynch Pierce Fenner & Smith Inc. related to a former broker’s allegedly fraudulent outside sales transactions. David Fernea v. Merrill Lynch Pierce Fenner & Smith, Inc., No. 03-09-00566-CV (Tex. App. –Austin, Jan. 7, 2011). Allegations...

“Gardening leave” and the enforceability of restraints of trade
ENSafrica, March 2016

The South African Labour Courts have, until now, not had the opportunity to consider what impact, if any, a so-called “gardening leave” provision may have on the enforceability of a restraint of trade. This issue, among others, came before the Labour Court in Johannesburg in the case ofVodacom v Godfrey Motsa and MTN Group (J74/16). Judgment was handed down by Van Niekerk J on 9 February 2016...

“Get off your ass” isn’t offensive
ENSafrica, May 2016

ENSafrica successfully represented Virgin Active in a South African Advertising Standards Authority (“ASA”) matter, regarding a Virgin Active TV advertisement that used the expression “get off your ass”. The case in question is S Jack & others v Virgin Active South Africa (Pty) Ltd, and the ruling was handed down on 26 February 2016. The point of the advertisement was to persuade people to start working out at Virgin Active gyms...

“Seismic Shifts in Digital Technology:” Supreme Court Creates Exception to Third-Party Doctrine for Cell-Site Location Information
Dykema, June 2018

After not disturbing the Third-Party Doctrine for more than 40 years, the Supreme Court created a significant exception to it inCarpenter v. United States. Slip Op., 16-402 (Jun. 22, 2018). Under the Third-Party Doctrine, individuals who voluntarily provide personal information to third parties are deemed to relinquish their legitimate reasonable expectation of privacy in that information...

“Shareholders' rights in private and public companies in Argentina: overview” (article published in Practical Law, Thomson Reuters, July 31, 2015).
Beccar Varela, September 2015

TYPES OF LIMITED COMPANIES AND SHARES1. What are the main types of companies with limited liabilityand shareholders? Which is the most common? Which typedo foreign investors most commonly use?The most common types of companies that enjoy limited liabilityare the Sociedad Anónima (SAs) and the Sociedad deResponsabilidad Limitada (SRLs), and these are the main types ofcompanies with limited liability. Joint stock companies (Sociedaden Comandita por Acciones) are also common...

“Who's Afraid of The Big Bad Wolf?” The Portuguese Competition Authority Recent Activity
PLMJ, April 2006

The Portuguese legal system has had a competition law regime in force for more than two decades. Nonetheless, only recently did economic agents begin to show more awareness towards its existence, that is to say, to feel its effects...

“Why Cooperate with the SEC?” Recent Settlements Shed Light
Haynes and Boone, LLP, April 2012

Until recently, individuals considering cooperating with an SEC investigation had a difficult time determining whether a tangible benefit would result from cooperation. Two releases issued by the SEC in the past month demonstrate how the SEC has begun to apply its Cooperation Initiative and give new insight into how the SEC evaluates and credits cooperation in determining sanctions against individuals...

12 Keys to Compliance for Participants in Commodity Markets
Haynes and Boone, LLP, May 2017

In this article we outline 12 key elements that are critical components of a rock-solid compliance program for participants in commodity markets. We start with creating a “culture of regulatory compliance,” which pervades a company from top to bottom, and then work our way through day-to-day policies and steps you can take to minimize your company’s risk of non-compliance...

12 Questions Directors Should Ask About New Bank Activities
Dinsmore & Shohl LLP, March 2019

As seen in Bank Director A bank’s board of directors must answer to a variety of constituencies, including shareholders, regulatory agencies, customers and employees. At times those constituencies may have competing interests or priorities. Other times, what may appear to be competing interests are actually variations of aligned interests...

12 Years After SOX, The SEC Has Not Become Complacent About Compliance
Waller, August 2014

 With the twelfth anniversary of the implementation of the Sarbanes Oxley Act of 2002 (“SOX”) swiftly approaching, it may or may not be coincidental that the SEC has been involved in several SOX-related enforcement actions recently, including (i) bringing charges against the CEO and former CFO of a Florida-based computer equipment company for misrepresenting the state of its internal controls over financial reporting and (ii) awarding more than $400,000 to a whistleblower who reported fra

2013 Philippine Supreme Court Decisions on Legal and Judicial Ethics
SyCip Salazar Hernandez & Gatmaitan, June 2013

Attorney; a lawyer shall not assist in the unauthorized practice of law.  Atty. Bancolo admitted that the Complaint he filed for a former client before the Office of the Ombudsman was signed in his name by a secretary of his by Text-Enhance" href="http://lexoterica.wordpress...

2014 Amendments to Laws Applicable to Delaware Limited Liability Companies, Limited Partnerships and General Partnerships
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...

2014 Competition Law - Ukraine
Asters, September 2013

By: Oleksandr Voznyuk, Anastasia Usova1 General1.1   Please identify the scope of claims that may be brought in Ukraine for breach of competition law.In the context of private enforcement in respect of competition law infringements, the following types of claims may be brought before the courts:a) Claims seeking cease-and-desist orders...

2015 Mergers Control Survey: LCS & Partners Reviews the Merger Control Regime in Taiwan for IFLR
LCS & Partners, March 2015

The 2015 Mergers Control Survey by Margaret Huang and Victor Chang of LCS & Partners reviewed the merger control regime in Taiwan for IFLR.    1. REGULATORY FRAMEWORK1.1 What is the applicable legislation and who enforces it?The Fair Trade Act (FTA), which entered into force in 1992, is the main legislation governing Taiwanese merger control. Merger control is enforced by the Taiwan Fair Trade Commission (TFTC)...

2016 – The time to realise maximum value?
Springboard Corporate Finance, May 2016

The turn of the year is often a time for reflection and review.For business founders and owners this might be the one time of the year when the phone rings (less) and the inbox is more sparse...

2016 HSR THRESHOLDS ANNOUNCED BY FEDERAL TRADE COMMISSION
Lowenstein Sandler LLP, February 2016

The Federal Trade Commission has announced new premerger notification thresholds that will take effect February 25, 2016, and thus apply to transactions closing on or after that date. Under the 2001 amendments to the Hart-ScottRodino (HSR) Act, 15 U.S.C. 18a, the Act’s jurisdictional thresholds are adjusted annually to reflect changes in gross national product. The newly announced adjustments will increase the HSR Act thresholds by approximately 2.5%...

2017 – IN WHICH WE STARE AT OUR BALLS
TSMP Law Corporation, January 2017

(Our crystal balls, that is.) "If you can look into the seeds of time, and say which grain will grow and which will not, speak then unto me … "- William Shakespeare (MacBeth) Happy New Year! 2016 was nothing if not earth-shaking in terms of unexpected developments. The – once unthinkable – departure of Britain from the European Union, was voted in by a legislature feeling increasingly un-homed in its own country...

2019 Mergers & Acquisitions Outlook Survey
Dykema, November 2019

The results of Dykema's Annual Mergers & Acquisitions Outlook Survey are in! This annual survey tracks the marketplace to gauge the direction of the M&A market and economy for the coming year. As with previous installments of the survey, our firm canvassed leading company executives and outside advisors in the M&A space to ask them to share their observations and insights into how the U.S. economy and domestic and global matters will impact the M&A market...

25 - SEC Adopts Final Ethical Rules for Lawyers
Haynes and Boone, LLP, February 2003

On January 29, 2003, pursuant to the requirements of Section 307 of the Sarbanes-Oxley Act of 2002, the SEC issued a release adopting a new Rule 205 entitled “Standards of Professional Conduct for Attorneys Appearing and Practicing Before the Commission in the Representation of an Issuer” (the “Standards”)...

5 Accounting Services Your Business Needs In Singapore (And Why)
BoardRoom Limited, June 2019

The accounting/finance function forms the backbone of any firm, SME or MNC. However, there are so many types of accounting services to beaware of that it is worthwhile engaging an accounting professional.They are trained, organised, accurate and competent, giving you more time to focus on your business and reach greater heights. If you are looking to outsource your accounting, there are 5 essential services the firm will need to deliver...

 

 

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