Mondaq Latest Added Articles

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New Jersey Enacts State Anti-Discrimination Protections For Breastfeeding  
Proskauer Rose LLP

Newly enacted amendments to the New Jersey Law Against Discrimination (NJLAD) have expanded state anti-discrimination protections in the workplace...
Impact Of The Recent Amendments To The Companies Act, 2013 
Kochhar & Co.

The President of India accorded his assent to the Companies (Amendment) Act, 2017 (the "Amendment Act") on 3 January 2018. The Central Government notified the Amendment Act on the same day.
Indian-Patent Office In Top 10 As An ISA Among 22 ISAs 
S.S. Rana & Co. Advocates

In case of PCT International applications, an International Searching Authority is the one who establishes a written opinion on the invention's potential patentability by identifying already published patent documents and technical literature...
Government Contracts Legislative And Regulatory Updates - January 2018  

Our January edition of "Government Contracts Legislative and Regulatory Update" offers a summary of the relevant changes that took place during the month of December.
On Demand Transportation Technology Aggregator Rules 
S.S. Rana & Co. Advocates

An On Demand Transportation Technology Aggregator is any entity that offers a digital (online or app based) platform/market place wherein individual taxi operators could offer their services...
Delhi High Court States That Patent Working Information Is Not 'Confidential' 
S.S. Rana & Co. Advocates

‘Commercial working statement' is the information submitted about the working or non-working of granted Patents by a Patentee or a licensee to the Indian Patent Office by making a request on Form 27.
Ireland Listings Bulletin - Debt Securities  

Welcome to our Listings Bulletin where we take an opportunity to reflect on the highlights of 2017 and to gaze into the 2018 crystal ball.
What A Government Shutdown Would Mean For Employers 
Fisher Phillips LLP

If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down.
California Dreaming: Pennsylvania's Proposed "Freedom To Work Act" Aims To Join California In Banning Non-Compete Agreements 
Fisher Phillips LLP

Late last year, Pennsylvania legislators introduced House Bill 1938, the "Freedom to Work Act" (the "Act"), an outright ban on "covenant[s] not to compete" in Pennsylvania.
As Corporate Demand For Renewable Energy Increases, Improved Transmission Infrastructure Needed 
Troutman Sanders LLP

The Wind Energy Foundation released a report finding that upgrades and investment in transmission infrastructure is necessary to keep up with corporate demand for renewable energy.
Drafting Limited Partnership Agreements Under Luxembourg Law 

As international clients from common law jurisdictions expand their businesses in a civil law jurisdiction such as Luxembourg, the question of the enforceability of the liquidated damages and penalty clause ...
In Your Court: Offshore Dispute Resolution Review - January 2018 

In a landmark ruling, the Grand Court of Cayman approved a third party litigation funding agreement.
CVM regulamenta atividade de consultor de valores mobiliários 
TozziniFreire Advogados

A Comissão de Valores Mobiliários (CVM) editou, no dia 17 de novembro, a Instrução CVM nº 592/2017, que regulamenta a atividade de consultor de valores mobiliários (ICVM nº 592/2017).
Congresso Nacional aprova regime especial para a indústria petroleira 
TozziniFreire Advogados

A partir de janeiro de 2018 a indústria petroleira contará com novas regras e benefícios em matéria tributária. O Congresso Nacional aprovou, dentro do prazo, a Medida Provisória nº 795 de 2017, ...
Aquisições e arrendamentos de imóveis rurais por estrangeiros 
TozziniFreire Advogados

O INCRA publicou, em 14 de dezembro de 2017, a Instrução Normativa INCRA nº 88, que trata do procedimento para solicitação de aprovação para aquisição de imóvel rural por estrangeiros no Brasil.
Boletim Tributário - Dezembro 2017 
TozziniFreire Advogados

A Organização para a Cooperação e Desenvolvimento Econômico publicou as estatísticas de Mutual Agreement Procedure para o ano de 2016, em linha com a Ação 14 do Plano de Ação do Base Erosion and Profit Shifting, ...
Publicada a Lei que altera as regras de cobrança da CFEM, os royalties da mineração 
TozziniFreire Advogados

Foi publicada hoje, no Diário Oficial da União, a Lei nº 13.540/2017, proveniente do Projeto de Lei de Conversão nº 38/2017, oriundo das alterações promovidas na Medida Provisória nº 789/2017.
É Criada A Agência Nacional De Mineração (Anm) 
TozziniFreire Advogados

A criação da Agência Nacional de Mineração (ANM) é parte de um pacote chamado Programa de Revitalização da Indústria Mineral Brasileira...
Governo divulga fórmula para cálculo do valor de referência da CFEM 
TozziniFreire Advogados

Foi publicado em 29 de dezembro de 2017, no Diário Oficial da União, o Decreto nº 9.252/2017, que estabelece a metodologia de cálculo para o valor de referência da CFEM nas hipóteses...
Student Loans In 2018: Debt Relief Discussions Will Become De Rigueur 
Davis & Gilbert

2018 may be the beginning of the end of an education finance system that has resulted in overburdened students and families struggling to pay back loans that were too high at their inception...
Finding Of Likelihood Of Confusion Despite Consent Agreement 
Smith Gambrell & Russell LLP

The applicant's mark was for "beer" while the registrant's marks were for "Beer, ale, lager, stout and porter; Malt liquor; Pale beer".
Inducements Under The IDD (Compared To MiFID) 
KPMG Luxembourg

The Insurance Distribution Directive (IDD) is to insurance what MiFID is to investments. It repeals the directive on insurance mediation and regulates specific insurance-based investments, including inducements.
The Many Faces Of Google's Arts & Culture App (Except In Illinois And Texas) 
Foley Hoag LLP

Those of our readers who frequent social media may have noticed a newly-popular juxtaposition between selfies and art (or perhaps one should say between selfies and other forms of art)...
CFTC Approves Amendments To Regulations Under Parts 3 And 9 
Kramer Levin Naftalis & Frankel LLP

The CFTC unanimously approved final rules updating Parts 3 and 9 to integrate existing advisory guidance, incorporate SEFs and update provisions currently applicable to designated contract markets (DCMs).
Construction En Milieux Humides : Quels Sont Les Risques ? 
Miller Thomson LLP

Or, la qualification même d'un milieu humide présente des difficultés, ce qui a d'ailleurs fait l'objet de certains débats jurisprudentiels.
New Public Alternative Funds - January 4, 2018 
Kramer Levin Naftalis & Frankel LLP

New Public Alternative Funds - January 4, 2018
Open Innovation: A Importância De Uma Estratégia De Inovação Para Grandes Empresas  
TozziniFreire Advogados

Imagine que você tem um uma ideia totalmente nova para ser desenvolvida e deve adotar uma das duas estratégias a seguir...
CFTC Issues Relief Regarding Capital Treatment Of Deferred Tax Liabilities From Accounting Principles Changes 
Kramer Levin Naftalis & Frankel LLP

The CFTC's Division of Swap Dealer and Intermediary Oversight issued no-action relief to registered futures commission merchants and introducing brokers to exclude deferred tax liabilities...
TozziniFreire Advogados

Provavelmente você já ouviu falar de criptomoedas e blockchain (se não, clique aqui), além das diversas possibilidades que essas inovações trazem para o mundo dos negócios.
Catalyst, BNP Paribas Partner On Risk Premia Index, Launch Liquid Alternative Fund 
Kramer Levin Naftalis & Frankel LLP

Liquid alternative mutual fund specialist Catalyst Funds and BNP Paribas partnered to form the BNP Paribas Catalyst Systematic Alpha Index, a risk premia strategy that allocates between seven strategies ...
Regularização de Ativos no Exterior – O Segundo Tempo 
TozziniFreire Advogados

Após o propalado sucesso na primeira etapa do Regime Especial de Regularização Cambial e Tributária ("RERCT"), e buscando uma nova fonte de recursos para os cofres públicos, o Congresso Nacional acaba de aprovar projeto ...
Comércio Internacional sem Complicação 
TozziniFreire Advogados

Por Vera Kanas Grytz e Carolina Jezler Müller, respectivamente, sócia e associada de TozziniFreire Advogados na área de Comércio Exterior
Desigualdade Nas Importações 
TozziniFreire Advogados

Foram aumentadas tanto a alíquota geral, como as alíquotas aplicáveis a produtos específicos.
O trajeto do Brasil e o que esperar de sua adesão à OCDE 
TozziniFreire Advogados

Recentemente o governo brasileiro enviou carta Secretário Geral da Organização para a Cooperação e Desenvolvimento Econômico comunicando sua requisição formal para iniciar o processo de adesão a esta organização.
Congress Holds More Hearings On Opioid Crisis And Public Health Threats 
Reed Smith

A number of recent Congressional hearings focused on the opioid crisis, including the following:
Carillion And Commercial Contracts: What Can We Learn? 
Wright Hassall LLP

The fallout from the construction firm Carillion going into liquidation on 15 January continues to dominate the headlines in the business world.
Privatização da Cedae: pontos controversos 
TozziniFreire Advogados

Um dos setores de infraestrutura que mais tem despertado interesse dos investidores é o de saneamento.
Novo Convênio CONFAZ dispõe sobre a remissão dos créditos tributários decorrentes da "Guerra Fiscal" 
TozziniFreire Advogados

Foi publicado nesta segunda-feira (18/12) o Convênio CONFAZ nº 190/2017, que dispõe sobre a remissão dos créditos tributários decorrentes da "Guerra Fiscal", nos termos previstos na Lei Complementar nº 160/2017.
SEC's Fixed Income Market Structure Advisory Committee Discusses Bond Market Liquidity In Its Inaugural Meeting 

On January 11, 2018, the Securities and Exchange Commission's (SEC) Fixed Income Market Structure Advisory Committee (FIMSAC) held its inaugural meeting.
ANVISA simplifica procedimentos de importação 
TozziniFreire Advogados

Com o objetivo de simplificar os procedimentos para a importação de alimentos, medicamentos e equipamentos hospitalares, a ANVISA publicou em 08 de janeiro de 2018 a Resolução RDC nº 208, de 05 de janeiro de 2018.
SUSEP e CNSP publicam novas regras para seguros e resseguros 
TozziniFreire Advogados

Como já era aguardado pelo mercado, entre as últimas duas semanas de dezembro/2017 e as primeiras de janeiro/2018, foram publicadas novas regras para seguros e resseguros...
Lei n° 13.606/2018 trata da indisponibilização de bens dos contribuintes sem prévia autorização judicial 
TozziniFreire Advogados

Publicada em 10 de janeiro de 2018, a Lei n° 13.606/2018 trouxe alterações severas na legislação tributária para autorizar a Procuradoria da Fazenda Nacional a constranger o contribuinte a efetuar o pagamento...
Proposed EU Guidelines On CCP Requirement For Anti-Procyclicality Margin Measures 
Shearman & Sterling LLP

On January 8, 2018, the European Securities and Markets Authority launched a consultation on proposed guidelines for national regulators of CCPs on the application of the rules requiring CCPs...
UK Financial Conduct Authority Highlights Firms' Failings In Providing And Distributing Contracts For Difference 
Shearman & Sterling LLP

On January 10, 2018, the Financial Conduct Authority published a "Dear CEO" letter that was sent to firms that offer contracts for difference products to retail customers on either an advisory or discretionary...
Effecting Service Of Proceedings On Uncommunicative Defendants 

In this case, the High Court considered whether valid service had been effected upon two defendants based outside of the jurisdiction who had shown no willingness to be involved in the proceedings.
UK Prudential Regulation Authority Publishes Expectations On Disclosures Of Expected Credit Loss Under IFRS 9  
Shearman & Sterling LLP

On January 8, 2018, the U.K. Prudential Regulation Authority published a "Dear CFO" letter that was sent to the Chief Finance Officers of larger U.K.-headquartered credit institutions.
Preliminary Ruling On The Requirement For "Plain Intelligible Language" In Consumer Contracts 

The Court of Justice of the European Union (CJEU) has made a preliminary ruling in relation to the interpretation of Directive 93/13/EEC on Unfair Terms in Consumer Contracts (the Unfair Terms Directive).
US Senate Banking Committee Holds Bank Secrecy Act Modernization Hearing  
Shearman & Sterling LLP

On January 9, 2018, the US Senate Committee on Banking, Housing and Urban Affairs held a full committee hearing entitled "Combating Money Laundering and Other Forms of Illicit Finance...
Turkey Launches Online Compilation Scheme For Electronic And Physical Publications 
Moroğlu Arseven

The owners of physical works must now submit a digital version to the National Library Presidency via EYDeS.
Interagency Cooperation: Raising The Bar For Immigration Compliance 
Dickinson Wright PLLC

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) should again be open for business for a flood of H-1B petition filings, which are subject to the annual cap.
Unfair Relationships Under The Consumer Credit Act 1974 

In this case, the High Court considered: (1) whether the claimant (the Bank) was estopped from exercising its right to demand repayment and enforce security over the Defendants' assets ...
Substantially Negotiated LMA Facility Agreements Not Caught By Section 3 Of UCTA 

In June, the Court of Appeal handed down judgment in an appeal that considered whether section 3 of the Unfair Contract Terms Act 1977 (UCTA) can catch facility agreements ...
The Canadian Regulatory Regime - Packaging And Labeling  
Minden Gross LLP

On November 21, 2017, the Canadian Government released a consultation paper that contains regulatory proposals for the implementation of legal recreational cannabis.
Meaning Of Financial Institution And Right Of A Party Already In Default Under An ISDA Master Agreement To Terminate For The Default Of The Other Party 

This claim was brought by the joint administrators of Olympia Securities Commercial Plc (the Company), a property developer. The dispute, however, was in reality between the two defendants.
Turkey Announces 2018 Default Interest Rate For Late Payments To Creditors Regarding Commercial Goods And Services 
Moroğlu Arseven

The minimum compensation amount which creditors can claim for recovery cost has also increased from 150 to 185 Turkish Liras.
PIS/COFINS Taxes – Financial Institutions – Exclusion Of Provisions For Non-performing Credits ("PCLD") 
Velloza Advogados

A law enacted in 2014 filled the gap and since 2015 there is no question that FIs are subject to PIS/COFINS on income derived from financial intermediation.
Increased Power Of Local Municipalities To Impose Direct Taxes 
BCF Business Law

On June 15, 2017, the National Assembly of Québec adopted An Act mainly to recognize that municipalities are local governments and to increase their autonomy and power.
European Funds Comment: The Value Of Compliance Management In Germany 
Debevoise & Plimpton

The main purpose of a CMS is, of course, to prevent wrongdoing, or at least to detect it quickly so that it can be dealt with decisively.
Net Neutrality Threatened: The Issues Summarized 
BCF Business Law

On December 14, 2017, the FCC, the U.S. equivalent of our CRTC, voted to repeal a number of regulations adopted in 2015 to protect what is commonly called "net neutrality".
European Commission Adopts Rules Clarifying Requirements For Traceability And Security Systems For Tobacco Products 
Schoenherr Attorneys at Law

On 15 December 2017, the European Commission adopted secondary legislation clarifying the requirements for EU-wide tracking and security systems for tobacco products, the implementation...
When Is An Exclusive Licence Not An Exclusive Licence? – Common Sense And The Present Tense Prevail! 
Brodies LLP

A recent judgement of the English High Court decided an important new point on what amounts to an exclusive patent licence.
Precedential No. 1: TTAB Okays Service Mark Specimen Of Use Thanks To Applicant's Clarifying Information  
Wolf, Greenfield & Sacks, P.C.

In the first precedential decision of the new year, the Board reversed the USPTO's refusal to register the mark shown below, for various mailing services...
What Does The Relaxation Of Foreign Ownership Rules In The UAE Mean For Franchising? 

The Cabinet of Ministers of the United Arab Emirates (UAE) recently issued Federal Law No. 18 of 2017, which amended certain provisions of the UAE commercial companies law (Federal Law No. 2 of 2015) (the CCL).
Disclosure Is Changing: Get Ready 
Clyde & Co

The Disclosure Working Group is seeking views on the proposals in a consultation which is open until the end of February 2018.
Fact Of Accident, Without More, Is Not Enough To Convict On OHSA Charges, Appeal Court Decides 

A trial judge was wrong to find a City guilty of Occupational Health and Safety Act charges solely because an accident had occurred in which a worker died.
Indian Tribes Lack Jurisdiction Over Consumer Protection And Common Law Tort Claims 
Reed Smith

Jurisdiction is hardly the spiciest of topics we discuss on this blog and yet it definitely qualifies for frequent-blogging status.
Luxembourg Real Estate – Legal Developments On Commercial Leases 

This brief report provides a summary of the most important amendments of the legal provisions applicable to commercial leases, introduced in Luxembourg through the law dated 17 January 17...
Lack Of Local Knowledge Is The Biggest Challenge For The Global Payroll Industry 
TMF Group

A lack of knowledge of local regulations is the biggest challenge faced by global and in-country payroll professionals...
New Regulations Relating To The Establishment Of The Statement Of Natural And Technological Risks!  
Gowling WLG

In this new form, the PPRT section has been modified and requires the seller or lessor to provide additional information.
When Jeff Sessions Talks About Marijuana, The Canadian Securities Administrators Listen  

As noted in our post of October 18, 2017, the Canadian Securities Administrators (CSA) issued CSA Staff Notice 51-352 Issuers with U.S. Marijuana-Related Activities on October 16, 2017.
Duane Morris LLP

政令第163号で新たに挙げられていることの1つに、ベトナム電子商取引規制の順守要件があります。第 4条2項により、インターネット、モバイ
Autonomous Cars...When? 
Foley & Lardner

Self-driving, autonomous or semi-autonomous vehicles seem everywhere, yet nowhere. Here at the Dashboard, we seem to never stop writing about them or the issues associated with them.
Seminar : A Dialogue In Pursuit Of Substance In Mauritius (DEC 7, 2017) (Video) 
Nishith Desai Associates

Seminar : A Dialogue In Pursuit Of Substance In Mauritius (DEC 7, 2017) (Video)
Second Circuit Affirms Court's Confirmation Of Multiple Arbitration Awards 
Carlton Fields

This matter involved appeals by appellant Best Made Floors Inc. ("Best Made") from a December 22, 2016 corrected judgment of a district court confirming two arbitration awards in favor of appellees, and from the district court's denial of its motion to vacate a third arbitration award in favor of the appellees
O Novo Regulamento do Novo Mercado 
Veirano e Advogados Associados

No dia 02 de janeiro de 2018, entrou em vigor a nova versão do Regulamento do Novo introduz novas obrigações para as companhias abertas registradas sob esta modalidade neste nível de governança corporativa.
Principle Dependency  
Samis + Company

The arbitrator started by defining the duration of the time period pre-loss to be considered that would give the best indication of the situation that existed as of the date of loss.
Recently Released FAA Study Demonstrates Importance Of Education And Safety Regulations For Drones 

On October 12, 2017, Canada witnessed its first incident of a drone colliding with a commercial aircraft, as we wrote about in an earlier blog post.
How Much Is That Issue Fee Payment In The Window? 
Foley & Lardner

A new USPTO fee schedule took effect on January 16, 2018, which usually means that all fees must be paid at the new (higher) rate.
Monthly TCPA Digest - January 2018 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

This edition of our Monthly TCPA Digest focuses on following opt-out instructions and potential ramifications when a plaintiff fails to properly or reasonably do so.
Softvoyage Settles Abuse Of Dominance Claims 
Affleck Greene McMurtry LLP

Softvoyage Inc., a Canadian software company that produces content management software used by tour operators to create vacation packages and manage inventory, and distribution software...
ASIC's Product Intervention Power For Credit Products 

This article focuses on the provisions relating to credit products.
Puerto Rico Department Of The Treasury Announces 2018 Limits On Qualified Retirement Plans 
Littler Mendelson

On December 15, 2017, the Puerto Rico Department of the Treasury (the "PR Treasury") issued Tax Policy Circular Letter No. 17-02 ("CL 7-02") announcing the 2018 applicable contribution limits...
Pharma Payments To NJ Prescribers Capped At $10,000 Per Year Under New Rule 
Day Pitney LLP

Beginning January 16, the amount of compensation that a New Jersey healthcare provider can accept from pharmaceutical manufacturers for "bona fide services," ...
Plan Sponsors And Service Providers Must Be Aware Of Changes Made To Rules Pertaining To Puerto Rico Qualified Retirement Plans 
Littler Mendelson

Recent changes to Puerto Rico's tax treatment of certain retirement plans have taken effect. Act No. 106 of August 23, 2017 ("Act 106") amended Section 1081.01 of the Puerto Rico Internal Revenue Code...
Supreme Court Hears Oral Argument In Long-Running State Water Disputes 
Holland & Knight

The U.S. Supreme Court heard oral argument on Jan. 8, 2018, regarding two interstate water disputes: Florida v. Georgia and Texas v. New Mexico and Colorado.
Maryland Becomes The Latest State To Require Paid Sick And Safe Leave 
Littler Mendelson

The Act is scheduled to become effective on February 11, 2018.
New Partnership Audit Regulations Released As Permitting Push-Out Election Through Tiered Partnerships  
Ropes & Gray LLP

In a trilogy of releases in the last six weeks, the Department of Treasury ("Treasury")...
Craigslist's "Virtual Presence" Enough For B.C. Court's Jurisdiction 
Bennett Jones LLP

Is San Francisco-based Craigslist subject to a third-party production order in criminal proceedings in British Columbia, despite having only a "virtual" presence in the province?
Russian Court Says Parallel Importation Is Legal 
Gowling WLG

On December 13, 2017, the Arbitration Court of Moscow declared that a warning notice issued by the Federal Anti-Monopoly Service (FAS) against KYB Corporation (KYB) was justifiable...
Settlement Offers Guidance On What "Reasonable" Security Means Under COPPA 
Foley Hoag LLP

The FTC's COPPA Guidance does an admirable job explaining the basics of what a business needs to do to comply with COPPA, but is vague as to how a business must protect personal information...
TCPA Vicarious Liability Limited By Ninth Circuit In Texting Class Action 
Morrison & Foerster LLP

In the high-risk Telephone Consumer Protection Act (TCPA) arena, the Ninth Circuit recently offered some respite. On January 10, 2018, the Ninth Circuit limited the potential liability ...
Courts Can Review The PTAB's Time-Bar Determination Of IPR Institution  
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In Wi-Fi One, LLC v. Broadcom Corp., No. 2015-1944 (Fed. Cir. Jan. 8, 2018), the Federal Circuit, en banc, held that the Patent Trial and Appeal Board (PTAB)'s time-bar determination under § 315(b)...
ACCC Increases Enforcement Of Consumer Guarantees Against Airlines 
Jones Day

Following consumer complaints, the Australian Competition and Consumer Regulator has released a report reminding airlines of obligations when dealing with the flying public.
Truth, Privacy And The Public Interest In Securing Justice  
Lawson Lundell LLP

Over the years, the courts have sought to protect the public interest in ascertaining the truth in civil litigation proceedings while at the same time affording protection to the privacy interests...
Growing Support For Legalized Marijuana In New England, Despite Uncertainty 
Wilson Elser Moskowitz Edelman & Dicker LLP

Recent developments in three New England states indicate that popular support for legalized marijuana is growing, even as the federal government reverses the hands-off policy of the previous administration.
Multiple Parties Enter Rate Case Negotiations To Benefit New Mexico Utility Customers 
Lewis Roca Rothgerber Christie LLP

A proposed reduction of $4.4 million to Public Service Company of New Mexico's capital investment requirement combined with savings from the recently enacted tax legislation may still ...
Tax Reform Act Denies Deductions For Confidential Settlements Of Sexual Harassment Claims 
Day Pitney LLP

A little-noted provision of the Tax Cuts and Jobs Act (the Act) signed by President Trump will have a large impact on settlement of "sexual harassment" or "sexual abuse" claims.
US Tax Reform - Single Family Offices And Considerations For 2018 
Withers LLP

In this article, we present some thoughts on how the Tax Cuts and Jobs Act of 2017, officially known as "An Act To Provide For Reconciliation Pursuant To Titles II And V Of The Concurrent Resolution ...
Litigation Notes On Bitcoin And Other Cryptocurrencies 
Blake, Cassels & Graydon LLP

Cryptocurrency is evolving and with that, a plethora of legal issues are likely to arise.
CIPA Launches New Brexit Video 

The Chartered Institute of Patent Attorneys (CIPA) last week launched its new video short "European Patent Work Unaffected By Brexit", highlighting that when it comes to patents...

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