Mondaq Most Recent Articles-23 July 2014

Finance Company (Case Study) Genshape Management Limited An Israeli investor is investing in the Czech Republic. A substantial part of the investment will be financed with debt. As the Czech withholding tax on interest paid to Israel is 10%, he wonders whether this withholding tax can be avoided by structuring the loan through a third country.	US Appellate Court Clarifies Due Process Rights For Parties Subject To CFIUS Review Of Foreign Investments Mayer Brown The US Court of Appeals for the DC Circuit has reversed a lower court’s ruling and held that companies undergoing review by the Committee on Foreign Investment in the United States (CFIUS or the Committee) have a due process right to notice of unclassified evidence and an opportunity to rebut that evidence.
ESMA Guidance For Retail Investors On Investor Protection Under MiFID II Shearman & Sterling LLP On 30 June 2014, ESMA published a guide for retail investors on the enhanced protection provisions included in the new MiFID II.	EBA Opines That Virtual Currencies Be Formally Regulated Shearman & Sterling LLP On 4 July 2014, the EBA published an opinion recommending that virtual currencies become subject to an EU regulatory regime.
SEC Announces Order For Tick Size Pilot Plan Shearman & Sterling LLP The SEC announced that it has ordered the national securities exchanges and FINRA to act jointly to develop a national market system plan.	Final Draft RTS Supplementing The Credit Rating Agencies Regulation Shearman & Sterling LLP The European Commission must assess the RTS and consider whether or not to adopt them.
Ropes & Gray Private Investment Fund Update: July 2014 Ropes & Gray LLP SEC recently issued new guidance clarifying what constitutes a "beneficial owner" for purposes of the Bad Actor Rules.	FDA Seeks Public Comments On FY 2014–2018 Strategic Priorities Jones Day In the July 1, 2014, Federal Register, FDA requested comments on its draft Strategic Priorities Fiscal Year (FY) 2014–2018 document.
FDA Releases Modifications To FDA-Recognized Consensus Standards Jones Day In the July 9, 2014, Federal Register, FDA announced modifications to the list of recognized standards the Agency uses in premarket reviews.	FDA Reopens Comment Period For Feedback On Improving The OTC Monograph Process Jones Day FDA reopened the comment period for the notice of public hearing, originally published in the February 24, 2014, Federal Register.
FDA Reopens Docket To Collect Information On Innovative Means To Address The Misuse And Abuse Of Opioid Analgesics Jones Day The initial comment period had just closed on June 9, 2014. Comments are due August 7, 2014.	Extradition Article ( Conditional Requirements ) Al Rowaad Advocates Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39.
Licensing Of A Malta Hedge Fund CSB Group Malta continues to grow its hedge fund business as it offers a robust, comprehensive legal framework for the establishment of various types of investment funds.	Why Your Lawyer Should Be The First Point Of Contact After A Data Breach Davis LLP Securing corporate information assets against a data breach, and responding to a data breach when it occurs, is not just a technology problem.
Puerto Rico And PREPA Seek Dismissal Of Bondholder Challenge To Territory’s Bankruptcy Statute Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. The Commonwealth of Puerto Rico and the Puerto Rico Electric Power Authority ( PREPA) yesterday filed separate motions to dismiss the federal court complaint filed last month by some PREPA bondholders seeking to invalidate the recently-enacted Puerto Rico Public Corporation Debt Enforcement and Recovery Act.	COPPA Update: FTC Provides More Flexibility On Obtaining Verifiable Parental Consent Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Some clarification and a bit more flexibility was forthcoming late last week from the Federal Trade Commission to help ease compliance with the "new" COPPA.
Delaware Court Of Chancery Rejects Indemnification Sleight Of Hand Sheppard Mullin Richter & Hampton The Delaware Court of Chancery held that a vested right to indemnification may not be rescinded by a subsequent amendment to the governing corporate document.	Is Employing Summer Interns Risky Business? The McLane Law Firm A former intern for the LA Clippers just this month brought suit against the team and its owners, the Sterling Family Trust, for unpaid wages.
TTAB Declares FAIRWAY FOX Mark Void After Business Partnership Dissolves Finnegan, Henderson, Farabow, Garrett & Dunner, LLP In a precedential decision that underscores the importance of maintaining a formal business structure when securing trademark rights, the Board found the mark FAIRWAY FOX void ab initio after determining that the applicant had no more than a joint interest in the mark.	Physician, Heal Thyself: Health Care Providers Continue To Be At Significant Risk For Discrimination Claims And Employee Lawsuits The McLane Law Firm The US Equal Employment Opportunity Commission has kept no secret about its intent to target health care providers under the Americans with Disabilities Act.
Comment indique-t-on le « copyright »? Norton Rose Fulbright Canada LLP Pour indiquer que quelque chose est protégé par droit d’auteur, plusieurs apposent une mention comme celle-ci : « Copyright © 2014 Entreprise XYZ».	AODA Compliance Update: January 1, 2015 Requirements Stikeman Elliott LLP Now that the half-way point of 2014 has come and gone, employers that have not already considered the next set of requirements under Ontario’s Accessibility for Ontarians with Disabilities Act, 2005 (the AODA) would be wise to do so.
New Law Expands The Maximum Term For Engaging Temporary Workers Littler Mendelson The Ministry of Labor and Employment issued a new regulation ("Portaria 789") to Federal Law 6.019/74, which regulates the engagement of temporary workers, allowing employers to retain temporary workers for a longer period of time under prescribed circumstances. - See more at: http://www.littler.com/global-employment-law/brazil-new-law-expands-maximum-term-engaging-temporary-workers-0?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+GlobalEmploymentLawBlog+%28Global+Employment+Law+Blo	A Co-Worker's Discriminatory Sabotage Of Another Employee Can Result In Employer Liability The McLane Law Firm Claire complains to Amy in HR that a co-worker Dan is giving her a hard time and keeps telling others she is a terrible worker.
Do We Need An Estate Plan The McLane Law Firm My husband and I have careers that will never lead to any significant wealth, so we do not have any formal estate plan.	Stiffed On The Bill — A-Rod Gets Sued By His Lawyers Fox Rothschild LLP For a litigator and lifelong sports fan, nothing could be more exciting than the confluence of baseball and the law.
Inside-Sales Exemption Jeopardized By Deferred Payment Of Commissions Fisher & Phillips LLP An employer may not attribute commissions paid in one pay period to a prior pay period in order to satisfy California’s minimum-wage requirement.	Ninth Circuit Thinks Inside The Bun, Applies Traditional Agency Principles To Dismiss Putative TCPA Class Action Claims Against Taco Bell Corp. Sheppard Mullin Richter & Hampton In Thomas v. Taco Bell Corp., the Ninth Circuit Court of Appeals recently held that Taco Bell, one defendant in a putative class action lawsuit ..
United States Imposes New Sanctions And Export Restrictions Against Russian Banks, Companies, And Individuals Sheppard Mullin Richter & Hampton On July 16, the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC) imposed new sanctions against Russia, which target the country’s financial, energy and defense sectors.	Film Tax Incentives In Latin America Sheppard Mullin Richter & Hampton Distribution of audiovisual content is blooming at a very fast pace, and producers are struggling with this new competitive era.