Mondaq Latest Added Articles

Welcome to Mondaq, we provides global coverage of all legal analysis from reputable firms. Below you can see a list of our most recent articles, and a brief abstract of each, added to our system. To access our system you must register, registration and access is TOTALLY FREE.


Finance Bill 2016 – Changes to Property Fund Taxation 
Maples and Calder

On 20 October 2016, the Irish Minister for Finance published draft legislation amending the tax treatment of regulated Irish funds which invest in Irish property. The legislation imposes a 20% withholding tax on distributions and redemptions from Irish property funds.
The Supreme Court Of Canada Facilitates Multijurisdictional Class Action Proceedings 
Borden Ladner Gervais LLP

This morning, the Supreme Court of Canada handed down its anticipated decision on sister cases Parsons v Ontario and Endean v British Columbia​, which both ask what powers provincial judges have in multi-jurisdictional class actions.
Recent Decisions Are Eroding The Economic Bedrock Of The Economy 
Fox Rothschild LLP

According to U.S. Court of Appeals for the Third Circuit decisions, franchising is an economic "bedrock of the American economy," and recent class action labor law decisions are eroding that bedrock.
CRA's Online Consultation On Charities' Political Activities 
Borden Ladner Gervais LLP

The CRA has launched its consultations to clarify the rules regarding the involvement of registered charities in political activities.
Alberta Carbon Levy Registration Forms Now Available On Alberta Tax And Revenue Website  
Borden Ladner Gervais LLP

Effective, 12:01 a.m., January 1, 2017, Alberta Carbon Levy comes into existence under the Climate Leadership Act. Stay on top of what this might mean for your organization.
Dans la Foulée de L'atteinte à la Protection des Données Chez Yahoo, Les ACVM Proposent des Directives à L'intention des Sociétés Ouvertes 
Borden Ladner Gervais LLP

Le 22 septembre 2016, Yahoo Inc., en pleine négociation d'une opération de 4,8 milliards de dollars visant la vente de ses activités principales à Verizon Communications Inc., a révélé que certaines données de comptes d'utilisateurs, notamment des noms, des adresses électroniques, des dates de naissance et des mots de passe, avaient été récupérées illicitement à partir d'au moins 500 millions de comptes Yahoo en 20141.
Ethinylestradiol/Drospirenone Formulation Patent Valid And Infringed 
Aitken Klee

On September 7, 2016, Justice Fothergill released his public Reasons and Judgement in consolidated patent infringement/impeachment actions brought by Bayer against Apotex and Cobalt in relation to their various drospirenone/ethinylestradiol products.
Federal Court Of Appeal Rewrites Standard Of Review 
Aitken Klee

Needless to say, the issue of the standard of review applicable to orders of both judges and prothonotaries has been one of the most contentious issues before our Court and before all courts of appeal, including before the Supreme Court of Canada, in the last 10 to 15 years.
Federal Court Grants Order Bifurcating Apotex' Section 8 Action 
Aitken Klee

In Apotex Inc. v. Alcon Canada Inc., 2016 FC 720, Prothonotary Tabib granted Apotex' motion for bifurcation of its section 8 action involving its Apo-Travoprost Z topical ophthalmic solution.
The Conflicts Of Interest Puzzle For Corporate Boards – Key Guidelines For The General Counsel (Video) 
McDermott Will & Emery

As the daily headlines make clear, general counsel must increasingly deal with a broad range of relationships and arrangements that present conflicts of interest issues, and may also implicate a series of related governance and regulatory requirements.
Microsoft Enforces Software Copyright Against Recidivist Copier: Microsoft v. Liu 
Aitken Klee

In Microsoft v Liu, Justice Boswell of the Federal Court determined that Mr. Liu had infringed Microsoft's copyright in several programs and awarded Microsoft both statutory damages and exemplary and punitive damages.
What's Really Remarkable About The Appeals Court Ruling On The CFPB 
Kaye Scholer LLP

Last week's Appeals Court ruling strikes at the heart of the authority of the Consumer Financial Protection Bureau.
Decrypting Mexico's Labor Environment 
TMF Group

With a mixture of emerging and booming economies, political uncertainty and extreme contrasts in business customs, the Americas can never be categorized as one homogeneous whole.
Business Rates And Compensation for Tenants  
Reed Smith (Worldwide)

Following our recent update on business rates, we are warning developers to look at their budgets for statutory compensation that may be due at the end of a 1954 Act protected tenancy because of the VOA's reassessment of rateable values, which comes into force next April 2017.
Warning Causation Potpourri In New Jersey Mass Tort 
Reed Smith

Over the last couple of years, the Accutane mass tort in New Jersey state court has become the gift that keeps on giving.
SEC Approves FINRA Rules Addressing "Pay-to-Play" Practices  
Ropes & Gray LLP

The Securities and Exchange Commission (the "SEC") recently approved the Financial Industry Regulatory Authority, Inc. ("FINRA") proposal to adopt FINRA Rules 2030 and 4580 ...
Endean v. British Columbia: An Opening (But Not A Floodgate) For National Class Proceedings 
Borden Ladner Gervais LLP

On October 20, 2016, the Supreme Court of Canada released its decision in Endean v. British Columbia.
ITC Denies Request For Advisory Opinion In Steel Products Investigation 
Jones Day

The Commission issued an Opinion in Certain Stainless Steel Products, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same, Inv. No. 337-TA-933 denying a request for an advisory opinion.
View From TSI Congress 2016: The Future Of The Securitisation And Structured Finance Market 
TMF Group

This year more than 600 representatives attended the annual TSI Congress in Berlin, Germany.
ITC Institutes 100-Day Pilot Program Proceeding In Silicon Wafers Investigation 
Jones Day

On October 19, 2016, the Commission issued a notice instituting an investigation in Certain Silicon-On-Insulator Wafers, Inv. No. 337-TA-1025.
(Re)insurance Weekly Update 36- 2016 
Clyde & Co

A fire insurance claim was resisted by the defendant insurer on the grounds of lack of insurable interest and misrepresentation/non-disclosure.
EPA To The Oil And Gas Industry: The Request Is In The Mail  
Akin Gump Strauss Hauer & Feld LLP

That means the request could go out to the more than 18,000 affected facilities as early as November 2016.
La digitalisation de la santé: une sinécure? 
KPMG Luxembourg

Le secteur de la santé connait depuis quelques années une intensification des investissements dans les technologies de l'information et de la communication...
Sustainability Of Offshore: Using Cayman For Investment Into Africa 

The use of offshore is an integral part of African financing. Offshore vehicles are used for a variety of structures including bond issuances, listing, loan financing, JVs and PE structures.
Digital Tax Update – Local Edition  
McDermott Will & Emery

After the highly publicized administrative lease transaction and amusement tax expansions in Chicago last year, more cities around the country are taking steps to impose transaction taxes...
How To Calculate Term Of/Expiry Of Indian Patent? 
Khurana and Khurana

In order to analyse Patent infringement or to conclude Freedom to Operate (FTO) search, one must know how to calculate expiry of Patents or estimated expiry of pending Patent Applications.
Wanna Play Music Commercially? Pay The Royalities First! 
Khurana and Khurana

This may sound difficult given that commercial places in India have taken right to play the music as their inherent one.
The Equitable Doctrine Of Assignor Estoppel Does Not Prevent PTAB From Instituting An IPR, PTAB Litigation Blog 
Jones Day

The court disagreed with the PTAB's view that institution of an IPR upon a finding of a reasonable likelihood of success operates to shift the burden of producing evidence of non-obviousness to the patent owner.
Fifth Circuit Affirms Order Compelling Arbitration Against Non-Signatories Based On "Intertwined Claims" Estoppel 
Carlton Fields

A physician sued several healthcare entities for wrongful termination of employment, negligence, breach of contract, and tortious interference with at-will employment.
Senate´s Approval Of Amendments To The Mexico´s Federal Constitution On The Administration Of Labor Justice 
Basham, Ringe y Correa, S.C.

Last Thursday October 13, 2016, the Mexican Senate approved the draft decree amending articles 107 and 123 of the Mexican Constitution, related to labor justice.
United Poultry Concerns Tries To Stop Kaporos (Again) 
Fox Rothschild LLP

For at least the third year in a row, UPC the animal rights nonprofit "promoting the compassionate and respectful treatment of domestic fowl," filed a lawsuit to ban the religious practice called Kaporos.
Fifth Circuit Flips Grant Of Summary Judgment Against EEOC In ADA Case 
Seyfarth Shaw LLP

In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court's grant of summary judgment in favor of the employer and against the EEOC.
IP Monitor - The Insecurity Of Intellectual Property Licenses During Insolvency Proceedings 
Norton Rose Fulbright Canada LLP

A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
New Drone Regulations Take Effect In Australia, But For How Long? 
Clyde & Co

The Civil Aviation Safety Authority (CASA)'s new rules governing the operation of remotely piloted aircraft (RPA) in Australia took effect in late September.
APA Maquila 
Basham, Ringe y Correa, S.C.

The firm's tax and foreign trade legal areas will be pleased to provide more details on this matter and its effects.
Funds Escape Debt-Equity Regulation Net - For Now  
Akin Gump Strauss Hauer & Feld LLP

Regulations were initially issued under the statute in the early 1980s, but were subsequently withdrawn without ever taking effect.
Product Liability & Consumer Protection Laws In The Middle East 
Clyde & Co

One would not be surprised if a local lawyer in the Middle East region is unfamiliar with the term "class action" or understand what it means.
Protect Your Assets: An Intellectual Property (IP) Primer 
McInnes Cooper

For many businesses, large and small, their "Intellectual Property" (IP) is one of their most valuable assets. So understanding IP is important.
Five Reasons To Read The Dispute Resolution Clause In Your Construction Contract 
McLennan Ross LLP

Dispute resolution clauses are rarely the subject of negotiation. In my view, they are badly overlooked.
Wise Words From Sir Jon Cunliffe, Let's Hope The EU Is Listening 

Despite all the sabre rattling from certain European quarters, the European Union would be unwise to try and destroy the City of London's position on the global financial stage.
KKR's Emerald Media Invests In YuppTV 
Nishith Desai Associates

Emerald Media, a Pan-Asian platform established by leading global investment firm KKR for investing in the media and entertainment sector, has acquired a significant minority stake in YuppTV for US$50mn.
The International Comparative Legal Guide To: Competition Litigation 2017 
GANADO Advocates

This chapter focuses on claims of breaches of competition law brought in private actions before the courts of civil jurisdiction.
Judges Can Sit in Other Provinces: Supreme Court 
Affleck Greene McMurtry LLP

Superior Court judges can sit outside their home provinces, the Supreme Court held today. This decision will facilitate the management of national class actions and other inter-provincial litigation in Canada.
Event: DePaul Moot Court Competition In Cultural Property In February 
Sullivan & Worcester LLP

The details are out on the annual National Cultural Heritage Law Moot Court Competition at DePaul College of Law in Chicago. DePaul features one of the preeminent legal curricula about cultural property, and reliably puts out terrific programming.
Mining M&A For 2016: Digging Deeper Into The Numbers 
Norton Rose Fulbright Canada LLP

Naturally, those transactions involving producing assets continue to dominate deal value in the first half of 2016.
Malta's Growth Focused On Quality Not Quantity 
GANADO Advocates

A feature on Malta is one of the first to appear on the newly launched Spotlight series of videos on financial centres.
Illinois Appellate Court Delivers Another Blow To Relator In False Claims Act Litigation 
McDermott Will & Emery

On Monday, October 17, the Illinois Appellate Court issued another taxpayer-friendly opinion in an Illinois False Claims Act case alleging a failure to collect and remit sales tax on internet and catalog sales to customers in Illinois.
Financial Planning & Analysis  
McDermott Will & Emery

On Monday, October 24, Chicago partners Todd Solomon and Brian Tiemann will speak at the Association of Financial Professionals conference in Orlando, Florida.
Cooperation In The Eye Of The Beholder: DOJ Official Bill Baer Elaborates On Cooperation In False Claims Act And Other Civil Enforcement Matters 
McDermott Will & Emery

The law is uncertain. One example of this uncertainty is how the "Yates Memo" is to be applied in civil cases—in particular, what constitutes "cooperation" and how cooperation may benefit a company under investigation for False Claims Act violations.
Timing Of A US Federal Tax Controversy  
McDermott Will & Emery

Understanding the timing of a US Federal tax controversy is helpful in creating a sound and efficient strategy.
Court Of Appeal Summaries (October 11 – 14, 2016) 
Blaney McMurtry LLP

Of note is Mason v Mason, a lengthy family law decision concerning the inclusion of corporate profits in income for the purpose of calculating spousal support under the Spousal Support Advisory Guidelines...
Wellness Incentive Programs: Navigating Legal Landmines And Designing Effective Employee Communication Strategies 
McDermott Will & Emery

This year's Employer Healthcare & Benefits Congress featured a presentation by Susan Nash that addressed the many shapes and sizes of wellness programs today.
SCOTUS Asked To Hear Appeal Involving Constitutionality Of Retroactive Tax Legislation 
McDermott Will & Emery

The Supreme Court of the United States has been asked to hear an appeal in a case involving the circumstances in which retroactive tax legislation will be constitutional.
Affordable Care Act Whistleblower Complaint Procedures  
McDermott Will & Emery

Employees who believe they have been retaliated against in violation of Title I of the ACA may file a complaint with OSHA.
What I've Learned About Life, Law And Sports 
Thompson Coburn LLP

The following is a Q&A conducted with Thompson Coburn partner Bob Wallace that originally appeared in Professional Sports and the Law, a Hackney Publication.
SEC Holds Public Meeting On Board Diversity 
Morrison & Foerster LLP

On October 5, 2016, the SEC Advisory Committee on Small and Emerging Companies held a public meeting to discuss, among other things, board diversity for public companies.
Treasury Finalizes And Significantly Modifies The Debt-Equity Regulations Under Section 385 
Grant Thornton LLP

New final and temporary regulations under Section 385, addressing the treatment of related-party debt, significantly narrow parts of the controversial proposed regulations released in April.
Proposed New FDA Labeling Rules Would Result In Increased Generic Drug Product Liability Claims  
Sheppard Mullin Richter & Hampton

FDA announced this summer that it expects to publish new rules in April 2017 that will permit generic drug companies to make unilateral changes to their warning labels, even if the brand does not.
Major U.S. Tax Debt/Equity Rules Finalized 
Osler, Hoskin & Harcourt LLP

On Thursday, October 13, the Internal Revenue Service and Treasury Department issued their much anticipated final and temporary regulations under Section 385 of the Internal Revenue Code...
EEOC Will Collect Pay Data In 2018 
Goldin Peiser & Peiser, LLP

The U.S. Equal Employment Opportunity Commission (EEOC) announced that some employers will be required to submit data regarding employees' pay, beginning March 31, 2018.
"Risks In The Attribution Of Works Of Art": November 8, 2016 In Geneva 
Sullivan & Worcester LLP

These organizations have steadly put forth multiple events per year that stand out for their breadth and substance.
Sany Heavy Industry v. ITC: Federal Circuit Affirms 10-Year Exclusion Order For Misappropriated Trade Secrets 
Morrison & Foerster LLP

On October 11, 2016, the Federal Circuit affirmed the ITC's finding of violation and issuance of a 10-year limited exclusion order barring the importation of crawler cranes made using trade secrets...
CarGurus Case Crashes as Tribunal Refuses Leave 
Affleck Greene McMurtry LLP

Used car listing website operator CarGurus Inc.'s attempt to force rival Trader Corporation to supply it with vehicle listing data has encountered a dead end as the Competition Tribunal denied it leave to commence a private application under several provisions of the Competition Act.
Be Careful Of Fixed Term Employment Agreements 
McLennan Ross LLP

On October 13, 2016, the Supreme Court of Canada refused to consider an appeal of an Ontario Court of Appeal decision.
Jonathan Grode To Assist The Purdue Foundry With J-1 Visa Entrepreneurial Program 
Green and Spiegel LLP

The Purdue Foundry exists to help Purdue University students, faculty and local alumni move ideas to the marketplace more quickly.
New Calls For ERDF Grant Schemes For SMEs 
KPMG Malta

Two new ERDF grant schemes have been launched by the Measures and Support Division within the Ministry for European Affairs and Implementation of the Electoral Manifesto...
Budget 2017: Highlights And Opportunities 
KPMG Malta

Malta has continued to outperform its Eurozone partners with a real GDP growth of more than double the Eurozone average of 1.9% for the first half of 2016.
Foreign Direct Investment In Limited Liability Partnerships 
Khaitan & Co

Further, conversion of LLP into private limited company is currently not possible in India, as both LLP Act 2008 and Companies Act 2013 are silent on the matter.
No Protection For Network Marketing Provider That Had Knowledge And Authority To Control Deceptive Conduct Of Affiliates 
Sheppard Mullin Richter & Hampton

The Second Circuit recently held that an affiliate marketing network provider could be subjected to liability under the FTC Act for deceptive marketing materials published by the affiliates.
A Recently Discovered Gem  
Reed Smith

It all turned on the plaintiffs' decision to assert failure-to-warn claims.
Cyber Risk Management – G7 Cybersecurity Guidelines For The Financial Sector 
Borden Ladner Gervais LLP

On October 14, 2016, the Government of Canada announced its endorsement of the G7 Fundamental Elements of Cybersecurity for the Financial Sector guidelines adopted by the Group of Seven to assist financial sector entities to design and implement a suitable cybersecurity strategy and operating framework.
¿Cómo protejo mis derechos de marca? José Miguel Mena habla sobre ello para  
Clarke, Modet & Co

La marca puede representar hasta 30% del valor de una empresa, según estimaciones del sector privado representado por el Consejo Coordinador Empresarial.
"Pay (From) The Piper"— Ensuring Financial Resources Under The Absolute Liability Regime For Federal Pipelines 
Borden Ladner Gervais LLP

On October 8, 2016, Natural Resources Canada issued notice of the proposed Pipeline Financial Requirements Regulations (the "Regulations") of the National Energy Board Act ("NEB Act").
Are You Ready For Section 1557's Notice Requirements? 
Thompson Coburn LLP

This is a reminder that beginning October 16, 2016, Covered Entities (as defined below) are required to comply with certain notice requirements under Section 1557 of the Affordable Care Act.
There Is Life After Death...Of The Bottom-Dollar Guarantee 
Seyfarth Shaw LLP

On October 5, 2016, the Treasury Department published several pieces of guidance relating to disguised sales, allocation of liabilities, and other partnership tax issues...
OSC To Host Dialogue - The Game Has Changed 
Borden Ladner Gervais LLP

These proposals arrive at the heels of this summer's implementation of the OSC's Whistleblower Program, which has already incited over 30 tips.
RE[e]FERENDUMS: 2016 Marijuana State Ballot Initiatives 
Seyfarth Shaw LLP

With only a month to Election Day, The Blunt Truth turns its attention to the ballot measures in nine states that would expand legal access to marijuana.
Obama Administration Promotes Expanded Opportunities With Cuba 
Duane Morris LLP

On Friday, October 14, 2016, the U.S. Department of the Treasury's Office of Foreign Assets Control and the Department of Commerce's Bureau of Industry and Security issued new amendments to the Cuban Assets Control Regulations and Export Administration Regulations.
The Week In Weed: October 14, 2016 
Seyfarth Shaw LLP

Welcome back to The Week in Weed, your Friday look at what's happening in the world of legalized marijuana.
The New Federal Carbon Pricing Policy – Roadmap To A Pan-Canadian Energy Strategy? 
Borden Ladner Gervais LLP

These changes both address prior commitments and raise outstanding legal and policy issues.
Argentina ante una nueva oportunidad de ingreso al PCT 
Clarke, Modet & Co

Uno de los aspectos cruciales en lo que a patentes se refiere es sin dudas el de la territorialidad.
Five On Friday – Five Recent Developments That We've Been Watching Closely 
Foley Hoag LLP

It's Friday and time for another overview of developments in the field of business and human rights that we've been monitoring.
Argentina Faces A New Opportunity To PCT Entry 
Clarke, Modet & Co

One of the most critical aspects in the field of patents is certainly territory. The applications used to protect the creations of inventors and pioneers are not specifically "universal".
To Your Health: FDA Redefining The Term "Healthy" On Food Labels 
Morrison & Foerster LLP

On September 27, 2016, the U.S. Food and Drug Administration (FDA) announced that it has begun a public process to redefine the term "healthy" on food labels.
The State Of Connecticut "Bans The Box" 
Ford & Harrison LLP

Effective January 1, 2017, Connecticut becomes the latest state to join the "Ban the Box" movement. Pursuant to Public Act No. 16-83, "An Act Concerning Fair Chance Employment"...
Increasing Litigation Relating To Article 20 Of The Labor Contract Act 
Jones Day

Article 20 of the Japanese Labor Contract Act prohibits employers from establishing unreasonable differences between the working conditions of fixed-term employees and indefinite-term employees.
OFAC Provides Further Guidance On Iranian Sanctions  
Reed Smith (Worldwide)

One of the more consequential pieces of guidance OFAC added to the FAQs is its clarification on the extent to which payments for authorised transactions can be made in U.S. dollars.
Supreme Court Upholds Validity Of A Six-Month Restraint To Prevent Senior Executive Commencing Employment With Competitor 
Jones Day

The Supreme Court of New South Wales recently considered an application for an interlocutory injunction by an employer who sought to prevent an employee commencing employment with a competitor company.
Fair Work Commission Rules That Redundancy Payments Must Take Into Account Prior Casual Employment In Certain Circumstances 
Jones Day

The Full Bench of the Fair Work Commission has ruled that, in calculating redundancy payments, the employee's period of continuous service must take into account certain periods of prior casual employment.
Arrium Workers Agree To 10 Percent Pay Cut As Administrator Seeks To Secure The Company's Future 
Jones Day

Workers at embattled steelmaking and iron ore mining company Arrium have accepted a new enterprise agreement that provides for a 10 percent pay cut.
Changes To The OBCA Under Bill 218, The Burden Reduction Act, 2016  
Norton Rose Fulbright Canada LLP

As well, the Bill removes the requirement for two-fifths of directors to be present at board meetings.
Arbitration & Conciliation (Amendment) Act, 2015: Whether Applicable To Court Proceedings Arising Out Of Pre-Existing Arbitrations 
Singhania & Partners LLP, Solicitors and Advocates

The unclear nature of this issue requires urgent consideration to provide uniformity to the law and its effective application.
Making NAFTA Relevant Again! Why Did The Chicken Not Cross The Border? 

Canada's Minister of Agriculture, Mr. MacAulay, has said that five Canadian companies have lost their certification to import chicken, stemming from another trade problem related to U.S. imports.
How To File A "Service Complaint" Against The Canada Revenue Agency 

In writing this blog post, we are not advocating filing baseless, frivolous, vexatious and retaliatory "service complaints" against CRA auditors, collections officers and other employees of the CRA.
New Public Alternative Funds (October 20, 2016) 
Kramer Levin Naftalis & Frankel LLP

Nuveen Asset Management LLC
Workers And VRSPs – Obligations Will Soon Be Enforceable For Certain Employers  
Norton Rose Fulbright Canada LLP

Through the Voluntary Retirement Savings Plans Act, the Québec government aimed at making sure all workers who did not participate in a RSP plan at their workplace had the opportunity to do so.
Business Groups Want Fast Hearing On DOL Changes: Hope They Get It! 
Fox Rothschild LLP

I blogged about this a short time ago. More than fifty (50) business groups requested that a US District Court Judge render a fast decision in the case involving the constitutionality of the USDOL's new overtime regulations, i.e. the doubling of the salary threshold.
The Life Of A Trust Part One: Creation 
DQ Advocates

Creating a trust involves more than simply drafting a trust document and arranging for it to be signed.
No Love For DC!: USPTO Cancels I♥DC Registration For Failure To Function As A Trademark 
Fox Rothschild LLP

When is a trademark not a trademark? When it no longer performs the source identification function for which it was adopted.
Ontario Is Making Roads Safer One Winter Tire At A Time 
McCague Borlack LLP

The Government of Ontario is striving to make the roads in this province a safer place.

More articles from Mondaq....


© Mondaq® 1994-2016.
All Rights Reserved