Mondaq Latest Added Articles

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Inheritance Tax Changes for BVI Companies Holding UK Residential Property 
Maples and Calder

Owners of British Virgin Islands ("BVI") companies that hold UK residential property (together with other interested parties such as settlors of trusts) will have been following closely the changes made over the last three years to the taxation of UK residential property held by companies.
Chancery Declines To Toll Statute of Limitations Based Upon Mutual Running Account And Continuing Wrongs Tolling Doctrines 
Fox Rothschild LLP

Claims for breaches of fiduciary duties and related relief are not uncommonly met with motions to dismiss if the claims accrued more than three years prior to the misconduct at issue.
Nuclear power under consideration by South Australian government 
Colin Biggers & Paisley

A South Australian Royal Commission into nuclear fuel cycle expansion to generate electricity releases its key findings.
Department Of Defense Issues New Guidance On Military Lending Act Regulations  
Morrison & Foerster LLP

On August 26, 2016, the Department of Defense (DOD) issued an interpretive rule providing guidance on the DOD's regulations implementing the Military Lending Act (MLA).
Privacy Watchdogs File Complaint With FTC Over WhatsApp's Privacy Policy Change 
Reed Smith

Yesterday, the Electronic Privacy Information Center ("EPIC") and the Center for Digital Democracy ("CDD") filed a complaint with the Federal Trade Commission against WhatsApp, Inc.
Tax Returns 
Smith & Williamson

We can take away the stress and worry of complying with your tax return obligations.
Adjudication determinations - a new era in challenges? 
Colin Biggers & Paisley

Challenges to determinations based on error of law on the face of the record may increase, but will judges order remittals?
Foreign resident capital gains withholding regime 
Colin Biggers & Paisley

Foreign resident vendors, purchasers and advisers should consider this tax impact on affected property transactions.
NLRB Issues Two Key Decisions Affecting Higher Ed 
Thompson Coburn LLP

On August 23, the National Labor Relations Board issued several decisions affecting unionization rights at private universities.
Relocation and demolition clauses: how small business traders can minimise disruption 
Colin Biggers & Paisley

NSW small businesses should become familiar with these lease terms and rights under the Retail Leases Act 1994 (NSW).
Machiavelli's The Prince: The Little Book That Shook The World  

Few books have attracted so much controversy, commentary and debate over the last 500 years than Niccolò Machiavelli's The Prince.
Litigation Alert: The Eighth Circuit Expands Standing To Sue For Violations Of Privacy Policies For Paid Services 
Fenwick & West LLP

The Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint...
The British Virgin Islands And Commercial Law 

Beginning our short focus on Commercial Law, through the eyes of a Thought Leader, is Rosalind Nicholson on the topic of Commercial Law, and heard about her work in the British Virgin Islands...
5 Insurance Issues To Consider In Tech Transactions 

Technology services and software companies frequently face insurance issues when negotiating their intellectual property license or other services agreements...
Removal of trade mark granted on the basis of non-use (even if mark is in use): Lodestar Anstalt v Campari America 
Colin Biggers & Paisley

Trade mark owners should review all existing licences to ensure effective control in the light of the Lodestar decision.
OSC Whistleblower Program Launched 
Aird & Berlis LLP

On July 14, 2016, the Ontario Securities Commission (the "OSC") launched its new whistleblower program. The Program is set out in OSC Policy 15-601.
Undervaluation Of Goods Can Lead To Criminal Charges And Conviction In Canada 

On August 5, 2016, the Canada Border Services Agency ("CBSA") posted on the CBSA web-site a News Release entitled "Dartmouth store owner charged for falsifying documents and undervaluing shipments".
Free Trade Does Not Mean A Free Pass 

Canada has entered into free trade agreements (and has active free trade agreements) with a number of countries, including the United States, Mexico, Israel, Chile, Jordan, Iceland, Norway...
BE AWARE: Homeowners And Contractors In Western Canada Will Be Surprised By Antidumping Duties On U.S. Drywall 

Many homeowners and contractors in Western Canada will soon be asking "Why do I have to pay antidumping duties on imports of gypsum board or drywall?"
A Day In The Life Of… Kent Mackenzie 

In this instalment of "a day in the life of..." we speak to Kent Mackenzie, a Director in Deloitte's Risk Advisory practice.
Michigan Court Of Appeals Enforces Mandate Allowing IBM To Make Three-Factor Apportionment Election 
Grant Thornton LLP

The Michigan Court of Appeals has held that the Michigan Court of Claims erred when it failed to issue an order granting summary disposition in favor of International Business Machines Corp.
Jones Day

The complicated fabric of privacy and data security regulations in Asia continues to challenge multinational clients.
New UK / UAE Treaty 

The treaty provides benefits for UK companies operating in the UAE, and to short-term business visitors based in the UAE coming to the UK.
Chancery Partially Grants Motion To Dismiss Regarding Waiver Claim 
Fox Rothschild LLP

The doctrine of waiver is fairly straightforward.
IRS Seeks Applications For The Advisory Committee On Tax Exempt And Government Entities 
Holland & Knight

On August 26, the Internal Revenue Service (IRS) issued a notice requesting applications to serve on the Advisory Committee on Tax Exempt and Government Entities.
Entry Into Force Of The Trademark Opposition System In Mexico  
Clarke, Modet & Co

The trademark opposition system has entered into force in Mexico on August 30th, 2016.
NLRB Concludes That Student Assistants Can Unionize 
Akin Gump Strauss Hauer & Feld LLP

On August 23, 2016, the National Labor Relations Board overturned its prior precedent in Brown University and concluded that student assistants at private colleges and universities may be considered statutory employees...
Law Nº 20.920, Regarding Waste Management, Extended Responsibility Of The Producer And Recycling Encouragement 
Brokering Abogados

Each Supreme Decree will regulate a specific priority product, and can distinguish categories and subcategories of each product.
A Novel Outcome at the International Trade Commission: Patent Claims Invalidated Under Alice in the 100-Day Pilot Program 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

On August 22, 2016, Administrative Law Judge David Shaw of the "ITC" or "Commission" issued his final initial determination in Certain Portable Electronic Devices and Components Thereof, Inv. No. 337-TA-994.
Proving A Negative – Painter Peter Doig Goes to Court To Prove He Did Not Paint A Painting 
Fox Rothschild LLP

Decades ago, a corrections officer met a teenage painter in a corrections facility.
How To Protect The Company's Digital Data When An Employee Quits Their Job 
Fox Rothschild LLP

A recent article in Wired instructed employees in how to digitally erase all their stuff when they quit their jobs.
China FDA Clarifies Legal Consequences Of Clinical Trial Data Inspections  
Ropes & Gray LLP

China's recent drug regulatory reform has emphasized that clinical trial data must be authentic and reliable.
New LSTA Par/Near Par Delayed Compensation Regime 
Kaye Scholer LLP

Going forward, a buyer under an LSTA par/near par loan trade is not always entitled to delayed compensation.
Cybersecurity Startups Poised For Growth 
Fox Rothschild LLP

Cybersecurity solutions are in high demand and investors are betting on startups for high returns.
New Trend In Distressed Asset Sales? "Pre-Pack" Sales Under The CCAA  
Norton Rose Fulbright Canada LLP

This approach offers the insolvent seller a number of advantages.
Federal Register: FinCEN Requests Comments On Proposal To Enhance CIP And AML Requirements 
Cadwalader, Wickersham & Taft LLP

FinCEN issued a Notice of Proposed Rulemaking to make current anti-money laundering, Customer Identification Program and beneficial ownership rules equally applicable to all types of banks.
SEC Adopts Final Amendments To Registration And Reporting Requirements For Investment Advisers 
Cadwalader, Wickersham & Taft LLP

The SEC adopted proposed amendments "with several modifications" in order to enhance the reporting and disclosure of information by investment advisers.
Incompetence And Divorce  
Fox Rothschild LLP

The American Bar Journal recently published an article about an interesting Kentucky divorce action.
Guernsey Royal Court Grants Regulator's Protective Providence Global's Applications 
Carey Olsen

Carey Olsen's Dispute Resolution Group has successfully secured orders on two separate applications under Guernsey's Protection of Investors and Company Law legislation...
Federal Court Rules On Health Canada Importation Ban 
McCarthy Tétrault LLP

An underlying Health Canada decision was found to have been made for an improper purpose and carried out unfairly.
LSTA Imposes New Rules For Par Trades In The Secondary Bank Loan Market (August 30, 2016) 
Kramer Levin Naftalis & Frankel LLP

The Loan Syndications and Trading Association ("LSTA") will implement new rules that govern whether a party is entitled to receive delayed compensation.
Consumer Class Actions In Respect Of Pricing Disclosure: The Québec Superior Court Refuses To Certify A "Drip Pricing" Class Action In Quebec 
Osler, Hoskin & Harcourt LLP

There have been a number of recent class actions commenced in Canada relating to pricing disclosure – and in particular, the alleged practice of "drip pricing".
Double Count Me Out: Confusion Persists When Rating Brain Injuries And Mental And Behavioural Disorders 
Miller Thomson LLP

Concerns about "double counting" in the context of catastrophic impairment determination under the various versions of the Statutory Accident Benefits Schedule are nothing new.
How To Improve Your Computer Experience 
Duane Morris LLP

First, make sure periodically to restart your computer.
Cloud Service Level Agreements Explained 
Mason Hayes & Curran

Cloud computing is the delivery of on-demand computing resources and services over the internet on a pay-for-use basis.
Cross-Border Distribution Of Funds – Improvements On The Horizon? 
Mason Hayes & Curran

The European Commission has issued a consultation document seeking input from fund managers, investors and consumer representatives on how the cross-border distribution of funds in the EU can be improved.
ジョーンズ・デイ・ニュースレター:Japan Legal Update - August 2016 
Jones Day

Second Circuit Holds That Non-Supervisory Employee's Retaliatory Intent May Be Imputed To An Employer Under Title VII 
Proskauer Rose LLP

The district court granted the motion, finding that the co-worker's retaliatory intent could not be attributed to Empress and therefore Empress could not have engaged in retaliation against Vasquez.
Location Of Executives In Ireland – Personal Tax Implications And Incentives 
Maples and Calder

Ireland has long been a leading location for international companies establishing a European base for their operations.
La propriété intellectuelle des Jeux olympiques  
Norton Rose Fulbright Canada LLP

Un grand merci à Marie-Laurence Lefebvre, stagiaire de notre bureau de Québec, pour cet excellent article!
Letter From America: Jersey's Royal Court Orders Trust Information To Be Revealed Under A Letter Of Request 
Carey Olsen

Will a Jersey trustee be compelled to reveal otherwise confidential trust information to a foreign court where that foreign court issues a letter of request asking for the information?
Ireland As A Base For High Net Worth Individuals 
Maples and Calder

Ireland is the European jurisdiction of choice for corporate entities, including securitisation companies and investment funds.
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.
Safely Preventing Workplace Violence 
Troutman Sanders LLP

If you are an HR professional, you surely worry about workplace violence.
Alberta Securities Commission Announces New Support For Startups 
Aird & Berlis LLP

In an exciting development for Alberta-based startups and small businesses, the Alberta Securities Commission has adopted a new rule – Prospectus Exemptions for Start-up Businesses (ASC Rule 45-517).
Ontario Securities Act Amended To Prohibit Insiders From Recommending Trades 
Aird & Berlis LLP

The Ontario government has recently amended the insider trading rules under the Ontario Securities Act (the "Act").
IRS Simplifies Rules For Correcting Failed Rollover  

On August 24, 2016 the IRS published Revenue Procedure 2016-47, which simplifies the steps for correcting a missed rollover from a qualified plan or IRA to another qualified plan or IRA.
Tales From The (Quantum) Crypt  
Proskauer Rose LLP

The dream of hack-proof communication just got a little closer to reality.
NLRB Rules That Student Assistants Can Unionize; Debate May Now Shift To Whether They Should 
Littler Mendelson

In a sweeping decision issued on August 23, 2016, the National Labor Relations Board reversed its 2004 holding in Brown University1 that graduate students are not employees under the National Labor Relations Act.
Paying For Software Development? Make Sure You Own It! 
Butler Snow LLP

In a digital society dominated by the saying, "there's an app for that," copyright protection is essential.
PEMEX Farm Out Tender Procedure CNH-A1-Trion/2016 
Basham, Ringe y Correa, S.C.

Participating companies must obtain a license to use information that will be issued by CNH for an amount equal to or greater than Mx. Pesos$1,600,000.00.
Heroes Victorious In The District Of Maryland  
Smith Gambrell & Russell LLP

On August 18, 2016, Judge Paula Xinis of the U.S. District Court for the District of Maryland granted client Heroes, Inc.'s Motion to Dismiss for lack of subject matter jurisdiction...
August 22 Corporate News Update: SEC Imposes Fines For Restricting Whistleblower Payments To Former Employees, And Delaware Limits Appraisal Rights And Has Its Unclaimed Property Audit Procedures Challenged In Federal Court 
Withers LLP

This week's corporate news roundup includes an overview of new restrictions on stockholder appraisal rights under the Delaware General Corporation Law...
Use Agreements To Capture And Control IP Like It's A Pokémon 
Bereskin & Parr LLP

In our previous article "Pokémon GO Shows How to Augment Reality and your Intellectual Property", we discussed the value and diversity of the Pokémon Intellectual Property ("IP") portfolio.
Turkey Launches Passport Scheme For Forrest Plants, Plus Certification Requirements For Producing And Selling Seeds 
Moroğlu Arseven

Turkey has introduced a passport system for forest plants, as well as authorization and supervision requirements for producing and selling seeds.
IMSS: Criterio Administrativo Transferencia Semanas De Incapacidad Del Periodo Prenatal A Postnatal 
Basham, Ringe y Correa, S.C.

Los abogados del área de seguridad social estamos a sus órdenes para brindarles el apoyo necesario o cualquier asesoría que requieran sobre el particular.
Stockton Takes Over Noyes Museum Ownership 
Fox Rothschild LLP

Michael A. Hyett was featured in the Press of Atlantic City article, "Stockton Takes Over Noyes Museum Ownership."
Turkey Updates Rules For Sales Of Food Products Originating from Animals 
Moroğlu Arseven

Turkey has updated rules for the certain sales operations of the local food establishments.
ACMPR: Same As It Ever Was – With More Options For Patients And Licensed Producers 
Borden Ladner Gervais LLP

Pharmacies are specifically mentioned in the impact analysis statement (Statement) published with the ACMPR.
GSA Releases New Cybersecurity Sins On Schedule 70 
Morrison & Foerster LLP

On August 17, 2016, the General Services Administration (GSA) released the long-awaited draft solicitation for a government-wide cybersecurity acquisition vehicle.
Bondholder Representatives Are Improving The Russian Bond Market  
TMF Group

The increased presence of bondholder representatives in Russia, to protect investor interest, has made the market more attractive.
Unpaid Construction Work? Stay Calm – And Make Sure Every Word Of Your Mechanics Lien Is Accurate 
Thompson Coburn LLP

Not getting paid infuriates most contractors and material suppliers. Don't let that anger cause you to make a bad situation worse by overdoing a mechanics lien
Patent Claim Construction: IPO, EPO and USPTO 
Intepat IP Services Pvt Ltd

A well-drafted patent application decides the fate of an invention.
Connected Vehicles And Privacy 
Aird & Berlis LLP

I have read a lot of stuff lately about the so-called dangers of connected cars and the inevitability that my car is going to kidnap me and drive me to a dark place and dump me.
Apostille, Towards A Simpler Legalization Process 

In order to enforce this convention in Chile, Law No. 20,711 was enacted on January 2014, and Administrative Regulation 81/2015, the regulation of the law, was enacted in November 2015.
Le Fonds d'Investissement Alternatif Réservé (FIAR) 
Hance Law Avocats

Les investisseurs sont cependant protégés car seuls certains gestionnaires de fonds possèdent l'autorisation de créer et gérer un FIAR.
Canadian Securities Laws, Issuer Websites And Social Media: Do The Evolution 
Blake, Cassels & Graydon LLP

A lot has changed since the '90s and change has, for the most part, been a good thing, although I still have a nostalgic yearning to wear plaid flannel and Doc Martens again.
Final Rule Issued Implementing Fair Pay And Safe Workplaces Executive Order 
Holland & Knight

The Department of Defense, General Services Administration and National Aeronautics and Space Administration (the FAR Council) have issued for publication in today's Federal Register.
Luxembourg E-commerce Companies : VAT Changes In Russia ! 
Hance Law Avocats

Therefore, within 30 calendar days from January 01, 2017, a Luxembourg E-commerce company, providing electronic services to individuals in Russia, must register with the tax accounting.
Department Of Transportation Clarifies Regulations Regarding Abandoned Pipelines 

On Aug. 16, the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) issued Advisory Bulletin ADB-2016-05 to owners and operators of pipelines used for the transportation of hazardous liquids, carbon dioxide and gas.
Brexit Could Shape The UK's Future Money Laundering Laws  
Jordans Limited

Once we leave the EU, the future of UK AML legislation will be shaped by the Government of the day.
Seventh Circuit Clarifies Evidentiary Standard For Employment Discrimination Claims 
Holland & Knight

In Ortiz v. Werner Enterprises, Inc., the U.S. Court of Appeals for the Seventh Circuit has clarified its standard for evaluating evidence in employment discrimination cases.
Brexit Increases Likelihood Of Reform Of The Substantial Shareholder Exemption In 2017 
Jordans Limited

Brexit makes more likely a reduction in the UK corporation tax rate to 17%, and perhaps even lower rates, in the foreseeable future.
OCR To Focus More Investigative Resources On Smaller HIPAA Breaches With Less Than 500 Individuals Affected 
Sheppard Mullin Richter & Hampton

The Department of Health & Human Services (DHHS) Office of Civil Rights (OCR) recently announced it will devote more resources to investigate smaller HIPAA breaches.
The Evolving Standard For Pleading Direct Patent Infringement  
Foley & Lardner

It has been a little more than half a year since the amendments to the Federal Rules of Civil Procedure abrogated Rule 84 and put an end to the Form 18 bare-bones style patent complaint.
National Green Tribunal Directs Delhi University To Follow A Paperless Election Route 
S.S. Rana & Co. Advocates

The tribunal held that pasting of pamphlets/flyers within the campus during election time by students to be immensely harmful to the environment.
NLRB Holds Student Assistants Who Have A Common-Law Employment Relationship With A Private University Are "Employees" Under The National Labor Relations Act 
Ford & Harrison LLP

The National Labor Relations Board (NLRB) overruled existing precedent and held that student assistants, who have a common-law employment relationship with a private university, are statutory employees under the NLRA.
Prevailing Party Before PTAB May Not Appeal  
McDermott Will & Emery

The PTAB affirmed the examiner's conclusion of validity.
A Closer Look At The OCR's Guidance On Ransomware 

In the wake of several high-profile ransomware infections targeting hospitals and healthcare organizations, the U.S. Department of Health and Human Services OCR has issued guidance on the growing threat of ransomware.
Federal Circuit Rebukes PTAB For Shifting Burden Of Proof To Patentee In IPR 
McDermott Will & Emery

The US Patent and Trademark Office (PTO) intervened on behalf of the PTAB.
IRS Releases Updated Safe Harbors For Management Contracts In Tax-Exempt Bond-Financed Projects 
Thompson Coburn LLP

The revised safe harbors set forth in the revenue procedure build upon the existing safe harbors originally set forth in Revenue Procedure 97-13, which were in turn modified by Revenue Procedure 2001-39, and amplified by Notice 2014-67.
Assault Of Home Health Worker By A Patient's Father Prompts OSHA Violation 

A provider of pediatric home health, Epic Health Services, was recently fined $98,000 by the OSHA in connection with the sexual assault of a home health employee by a patient's father.
The Halo Effect On Willful Patent Infringement  
Smith Gambrell & Russell LLP

Following a ten-day jury trial, a Florida jury found that some of BRP's Sea-Doo personal watercraft vehicles infringed two of Arctic Cat's patents relating to steering technology for personal watercraft.
Specific, Discrete Implementation Of Abstract Idea Is Patent Eligible 
McDermott Will & Emery

On this issue, the Court concluded that the evidence was insufficient to find the claims ineligible at the motion to dismiss stage.
Ambulance And Home Health Moratorium Continued And Expanded 

The Centers for Medicare and Medicaid Services (CMS) recently announced an extension of its temporary moratorium on enrolling new nonemergency ambulance suppliers in New Jersey.
Security For Costs In Investment Arbitration: Who Should Bear The Risk Of An Impecunious Claimant? 
Schoenherr Attorneys at Law

The award, naturally, has value for the parties as long as it is not just a dead letter, but an effective enforceable decision.
Update: ATED And IHT – Is It Time To Push The Envelope (Or Unwind The Trust)? 

The clock is ticking towards April 2017 when the UK Government intends to implement the proposals on new inheritance tax (IHT) rules on residential property in the United Kingdom...
In Case You Missed It: Launch Links - Week Of August 21, 2016  

We mentioned last week the changing landscape of software patents, but don't lose sight of developments in copyright law as well.
A Tale Of Two Escobars: Federal Courts Begin Grappling With Opposing Views Of "Materiality" 

On June 16, 2016, the U.S. Supreme Court issued a highly anticipated opinion in Universal Health Services, Inc. v. U.S. ex rel. Escobar, which for the first time expressly recognized implied certification as a viable theory...
Tackling The Gender Pay Gap 

A report published this week indicates that the gender pay gap increases dramatically on a woman's return to work following maternity leave.

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