Mondaq Most Recent Articles-Thursday, April 26, 2018

New Online Guide Explains Patient Rights to Health Records Day Pitney LLP The federal Office of the National Coordinator for Health Information Technology (ONC) recently released The Guide to Getting & Using Your Health Records to provide patients, or their caregivers, with information on how to obtain, check, and use their health records.	TMX Group And Paycase Financial Announce First Cryptocurrency Brokerage By A Major Exchange EKB \| Edwards, Kenny & Bray LLP Cryptocurrency investors rejoice! TMX Group, the operator of Canada's leading stock exchange, has announced that its wholly-owned subsidiary, Shorcan Digital Currency Network...
Arizona Emerges As Privacy Innovator As Its AG And Governor Lead The Charge Reed Smith Arizona and its Attorney General's office have emerged as key players in the effort to prioritize data security on the national stage.	M&A Or Joint Venture: Key Considerations For Choosing Your Path To Growth Norton Rose Fulbright Canada LLP Choosing to grow your business through an M&A transaction or through a strategic partnership or joint venture can be a difficult decision to make. M&A transactions and partnerships can both drive growth and bring access to new markets or product and service offerings, but they also come with unique challenges.
Turkish Public Procurement Law In Practice BASEAK The public procurement system has great importance in terms of effective use of public resources considering the public procurements' 24% share in the gross domestic product of Turkey.	Recent Restructuring Of Last Resort Electricity Supply In Turkey BASEAK One of the main purposes of the 6446 numbered EMA is to create a competitive electricity market considering that the historical development of the electricity market in the country has started...
Employment Country Comparative Guide 2018 Maples and Calder This country-specific Q&A provides an overview to employment and labour law in Ireland.	The New Role Of BNDES In Financing Infrastructure In Brazil TMF Group Brazil's state-owned National Bank for Economic and Social Development (BNDES) is changing its long-standing role as one of the sole providers of funding for infrastructure projects in Brazil...
Arbitration In India – The Way Forward M Mulla Associates The 2015 amendments to the Arbitration and Conciliation Act, 1996 were aimed at encouraging dispute resolution through arbitration and promoting arbitration as a quick and effective alternative...	General Registry To Promote Online System, Beneficial Ownership, And NPO Filing Requirements On Cayman Brac Cayman Islands Government Business owners and charitable organisations in the Sister Islands, who still need to comply with Cayman's legal requirements for beneficial ownership and registering as a non-profit organisation...
Nigeria Automates Processing Of Business Permits And Expatriate Quota PwC Nigeria Nigeria's Ministry of Interior is launching an e-citibiz portal for online processing of permits including business permits, expatriate quotas, citizenship applications and licenses to officiate marriages.	Bank of Beirut Goes Phygital Shanda Consult Ltd As digital transformation is propagating all around the world, only organizations that are leveraging digital technologies to reinvent their business models will survive. Digital transformation is different in every industry.
American Indian Law And Policy: 10 Things You Need To Know Akin Gump Strauss Hauer & Feld LLP When Congress returned after the December break, it needed to reach a spending agreement on government funding for the remainder of fiscal year 2018.	Matheson Investment Funds Newsletter April 2018 Matheson On 29 March 2018, the Central Bank of Ireland ("Central Bank") published a consultation paper (CP119 or the "Consultation") on amendments to and the consolidation of the Central Bank UCITS Regulations.
Don't Sleep On The Dormant Commerce Clause Reed Smith The first year law school class we most anticipated was Constitutional Law.	TTAB Reverses 2(D) Refusal Of THE AUBURN SCHOOL - Not Confusable With AUBURN UNIVERSITY Wolf, Greenfield & Sacks, P.C. The Board reversed Section 2(d) refusals of the mark THE AUBURN SCHOOL and the logo mark shown below, for special need educational services for children, finding the marks not confusingly similar to the registered...
European Commission Sets Out Its Vision On Standard Essential Patents Marks & Clerk The European Commission issued a Communication on 29 November 2017 setting out its vision on SEPs and its expectations from the stakeholders involved in the declaration, exploitation and enforcement of SEPs.	Creditors' Ability To Enforce Judgements Via Writ Of Seizure And Sale Where The Judgment Debtor Is A Joint Tenant Dentons Creditors who have commenced legal proceedings and obtained judgements or orders against their debtors can now enforce such judgments or orders by obtaining a Writ of Seizure and Sale ...
Colour Marks: The Issue Of Trademarking Colours Marks & Clerk From energy drinks to the striking soles of designer shoes, the colour of a product or its packaging is often a key factor for traders to consider.	Education Bulletin Spring 2018 Wrigleys Solicitors What do schools need to look out for and do differently to other organisations? No matter what type of organisation you are there are some key steps you should be taking ...
7 Dias no Poder (67ª edição) - Informativo da equipe de Relações Governamentais TozziniFreire Advogados A Comissãode Seguridad e Sociale Família (CSSF),da Câmara dos Deputa dos, aprovou, na última quarta-feira, oPLnº1.551/2015, que permite que pessoa juridical deduza, do imposto de renda...	E-Waste Management In India Kochhar & Co. There is an ever-escalating demand for electrical and electronic equipment (EEE) due to the rise in consumerism, urbanization, economic growth, and a higher rate of obsolescence.
Pas de protection du droit d'auteur pour le « selfie monkey »! Norton Rose Fulbright Canada LLP Lundi, une cour d'appel américaine a tranché : un singe ne peut pas intenter de poursuite pour la contrefaçon de ses selfies en vertu de la loi américaine sur le droit d'auteur.	Safeguarding The Interests Of Non-Executive Directors Nominated By PE Investors / VC Funds Dua Associates Being designated as a director in a company has a cascading effect with respect to exposure to liabilities under various legislations (including tax legislations like the Central Goods and Services Tax Act, 2017).
Judging The Financial Conduct Authority 5 Years On WilmerHale On April 1 this year, the Financial Conduct Authority turned five years old. Born from and in reaction to the financial crisis, its principal purpose was to protect consumers...	Victory For A Vet Proskauer Rose LLP As part of Proskauer's collaboration with the New York City Bar Justice Center, I recently had the honor of assisting an Army veteran in his claim for disability benefits ...
Banking Regulation 2018 - 5th Edition McMillan LLP Banks in Canada have been continuously recognised as amongst the soundest and safest across the globe.	Liberalisation Of FDI In The Single Brand Product Retail Trading Sector Dua Associates India has seen a significant increase in the inflow of foreign funds in the recent past.
Producing In Canada Dentons Dentons Canada Media and Entertainment Group is the largest and most experienced in Canada, and Producing in Canada is their comprehensive ...	The Weekly Privacy Rewind – April 23, 2018 BakerHostetler Inogen Inc., which makes portable oxygen devices, reported to the U.S. Securities and Exchange Commission that it experienced ...
Financial Inclusion, Exclusion And Risk Management Bright Line Law Vanessa Reid discusses a recent Financial Action Task Force statement on financial inclusion and risk management, advocating for a more flexible, technology-friendly approach to anti-money laundering and...	Corporate Governance In Family Businesses Vivanco & Vivanco Corporate Services LLC Corporate Governance in a company is a concept relatively easy to define. It is the system formed by the relations between shareholders, organs of administration and of executive management...
Faster Method For Arbitration: Expedited Arbitration Procedure In The Scope Of ICC Arbitration Rules And ISTAC Arbitration And Mediation Rules Guzeloglu Attorneys-at-law In order to keep pace with the expeditious business life, arbitration institutions needed to devise more rapid ways to solve disputes.	The New Trade Secrets Directive: Its Meaning And Impact Taylor Vinters From 9 June 2018, there is new EU legislation coming into force called the Trade Secrets Directive. Here we outline what it means and how your business could be affected.
Playing In The Bermuda Insurtech Sandbox Appleby Bermuda has been at the forefront of providing innovative solutions in the insurance industry and boasts the largest Insurance Linked Securities (ILS) ...	IIROC Issues Guidance On Exemption Applications Stikeman Elliott LLP The IIROC recently issued a notice setting out how a member (Dealer Member) may make an application for an exemption from the IIROC Dealer Member rules, other than proficiency requirements.
Federal Court Orders Restoration Of Additional DACA Provisions Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. The Court stayed its order for 90 days, giving DHS an opportunity to better explain its rescission decision.	Canadian Securities Regulators Adopt More Flexible Approach To Resale Of Securities Of Non-Canadian Issuers Stikeman Elliott LLP The CSA have adopted amendments to National Instrument 45-102 Resale of Securities which will provide a new prospectus exemption for the resale of securities of foreign issuers purchased by Canadian investors.
ASC Proposes Rule Amendments To Facilitate Cross-Border Offerings Stikeman Elliott LLP The ASC has proposed the repeal and replacement of ASC Rule 72-501 Distributions to Purchasers Outside Alberta in an effort to facilitate offerings by Alberta issuers to investors outside the province.	Chambers and Partners elege PLMJ como Client Service Law Firm of the Year em Portugal PLMJ É com enorme orgulho e um sentido de responsabilidade acrescido que partilhamos que PLMJ venceu o prémio " Portugal Client Service Award" ...
How The ELD Mandate Will Fuel Reptilian Tactics And Expand Litigation Drew Eckl & Farnham, LLP In December 2017, many motor carriers were required to comply with the Commercial Motor Vehicle Safety Enhancement Act of 2012 (the "ELD Mandate"), which ordered that commercial motor vehicles...	California Supreme Court Declines To Defer To Department Of Insurance, Finds Self-Storage Protection Plan Not Regulated Insurance Akin Gump Strauss Hauer & Feld LLP Some background on the issues underlying the Heckart case is helpful.
For Preference Shares, When Is Debt Classified As Equity? KPMG Luxembourg International Accounting Standard (IAS) 32 Financial Instruments: Presentation defines rules for when a financial instrument is to be classified as equity or liability.	Alien Tort Case Development: Foreign Corporations Are Not Appropriate Defendants In ATS Cases Foley Hoag LLP On April 24, the U.S. Supreme Court held that plaintiffs may not bring claims against corporations domiciled outside the United States in Alien Tort Statute ("ATS") cases.
Michigan Amends Reinsurance Credit Statute To Conform To NAIC Model Law Carlton Fields On April 10, 2018 Michigan Governor Rick Snyder (R) signed Michigan Senate Bill 638 into law to amend the state's insurance code to conform to the NAIC's model law on reinsurance...	Combined EPA/OHSA Fine Of $5.3 Million Upheld Siskinds LLP The explosions that occurred at a propane facility in Toronto in 2008 are difficult to forget. The explosions resulted in the catastrophic death of a worker, damage to surrounding homes...
Market Correction: B.C. Court Orders Securities Regulator To Revisit Sanctions Regime Blake, Cassels & Graydon LLP Larry Davis was a British Columbia resident who had worked in investor relations for approximately 25 years.	If Only It Read "Only" – Ontario Court Nullifies Termination Clause Then Proposes A Corrected Version Cassels Brock While the Ontario Court of Appeal has had a number of occasions in the last couple of years to weigh in on the question of what makes for an enforceable termination provision in an employment agreement, ...
Practical Considerations For Entering Into A Shareholders' Agreement Wildeboer Dellelce LLP Notwithstanding the size or stage of your business, if your company has more than one shareholder, it is wise to consider entering into a shareholders' agreement.	Laos Establishes Investment Promotion And Management Committee Tilleke & Gibbins International Ltd. Over the past several months, the Lao government has been introducing a number of measures aimed at promoting foreign investment, from implementing Notification No. 2633/Cabinet/MOIC...
The PTAB Giveth, And The PTAB Can Constitutionally Taketh Away Butler Snow LLP In a highly anticipated opinion, this morning the United States Supreme Court affirmed the Patent Trial and Appeal Board's authority to reconsider ...	California Usury Law: A Search For Clarity Around Compound Interest Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. The determinations of the California Supreme Court are likely to impact existing and future commercial loans governed by California law.
Land And Buildings Transaction Tax Group Relief Consultation Issued By The Scottish Government Brodies LLP We welcome the intent of the draft instrument in remedying what appears to be an oversight in the LBTT group relief legislation. However, we have concerns over its effectiveness and elements of the drafting.	What Is OSHA? When Might OSHA Pay A Visit? And What Is At Stake For Employers? Ogletree, Deakins, Nash, Smoak & Stewart The Occupational Safety and Health Act (OSH Act) authorizes the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor to conduct inspections at worksites...
TTAB Seeks Applicants For Attorney Advisor (Interlocutory Attorney) Position Wolf, Greenfield & Sacks, P.C. The USPTO is seeking applications for the position of Attorney Advisor (and more specifically, Interlocutory Attorney) at the TTAB.	Bill 25: Proposed Changes To REDMA Clark Wilson LLP Bill 25 – 2018: Real Estate Development Marketing Amendment Act is subject to change. We will update these changes as they develop. For the latest updates, you can track Bill 25 here.
Federal Circuit Provides Guidance For Stereochemistry Claim Construction Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. As a background on stereochemistry, enantiomers are different molecules with the same chemical formula and sequence of atoms but different three-dimensional configurations.	Bill 23 – 2018: Local Government Statutes (Residential Rental Tenure Zoning) Amendment Act Clark Wilson LLP Bill 23 – 2018: Local Government Statutes (Residential Rental Tenure Zoning) Amendment Act is subject to change. We will update these changes as they develop.
SEC Brings Enforcement Action For Failure To Timely Disclose Cyber Breach Cooley LLP In this recent Cooley Alert, SEC Issues New Guidance on Cybersecurity Disclosure and Policies, we wrote that the SEC had not yet brought a formal enforcement proceeding for failure to make timely disclosure regarding...	European Securities Law Update: Prospectus Regulation Walkers In our latest European Securities Law Update and following the recent publication of the ESMA final report of technical advice issued on 3 April 2018 we provide a high-level synopsis of the recent Prospectus Regulation, ...
NEW LAW: New Jersey Now Has The Broadest Pay Equity Law In The United States Ford & Harrison LLP Today, April 24, 2018, New Jersey Governor Phil Murphy signed into law amendments to the state discrimination law that include sweeping pay equity protections.	FINRA Requests Adoption Of Tier Size Pilot Program Cadwalader, Wickersham & Taft LLP FINRA proposed a rule amendment to permanently adopt minimum quotation sizes for OTC equity securities implemented under the Tier Size Pilot Program ("Pilot").
CFTC Rescinds Reporting Relief Granted To Delinquent CPO Cadwalader, Wickersham & Taft LLP The CFTC Division of Swap Dealer and Intermediary Oversight ("DSIO") rescinded no-action relief from certain reporting requirements previously granted to a commodity ...	Here's The Recipe: How To Ensure Your Food And Beverage Company Will Be Ready For A Value-Maximizing Sale Morrison & Foerster LLP You've created a great product and built a valued brand. You've devoted countless hours to building relationships with key distributors and retailers, designing attractive packaging ...
Uber Drivers' Class Action Lawsuit Hits Permanent Red Light Sheppard Mullin Richter & Hampton Last week, the ridesharing giant, Uber, secured a resounding legal win when a federal judge dismissed a putative class action lawsuit alleging the company violated the Fair Labor Standards Act...	A Practical Guide To The Supreme Court's Oil States Decision Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Yesterday, the U.S. Supreme Court held that inter partes reviews (IPRs) do not violate Article III or the Seventh Amendment to the United States Constitution.
FINRA Provides Guidance On The Use Of "Related Performance Information" In Institutional Communications Cadwalader, Wickersham & Taft LLP FINRA staff concluded that member firms may use "Related Performance Information" in institutional communications concerning variable annuity and life insurance ...	Monthly TCPA Digest - April 2018 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act.
FINRA Proposes Changes To Quantitative Suitability Obligation For Broker-Dealers Cadwalader, Wickersham & Taft LLP FINRA proposed amendments to its suitability rule that would remove the requirement that a broker-dealer must have "control" over a customer account ...	Biometric Breakdown – Part I Sheppard Mullin Richter & Hampton Technologies which use permanent physical characteristics for identification are increasingly popular. These "biometric" identifiers offer clear advantages over traditional passwords ...
Netherlands Declares Certain Loot Boxes Gambling; Warns Of Coming Enforcements Sheppard Mullin Richter & Hampton As we have previously reported, the subject of loot boxes has received increasing scrutiny around the world.	Treasury Extends Compliance Dates For Certain QFC Recordkeeping Requirements Cadwalader, Wickersham & Taft LLP The Secretary of the U.S. Treasury Department ("Treasury"), as Chair of the Financial Stability Oversight Council and in consultation with the FDIC ...
Proposed NJ Bills Would Relax Rules For Nurses Prescribing Meds Day Pitney LLP Two new bills introduced by Assemblywoman Nancy Munoz for review by the New Jersey State Assembly's Health and Senior Services Committee would give registered nurses more autonomy in prescribing medications.	FTC Warns Parties On Information Exchanges During M&A Due Diligence Jones Day Parties to a merger, acquisition, or joint venture routinely share substantial information during due diligence.
Non-German Real Estate Funds (And Trusts) As Eligible Investments For German Real Estate Funds Jones Day Due to strict investment rules governing German open-ended real estate funds, questions remained regarding whether those funds could indirectly invest in non-German real estate...	Raising The Bar? SEC Proposes Broker-Dealer Standard Of Care And Guidance On Investment Advisers' Fiduciary Standard Shearman & Sterling LLP On April 18, 2018, the U.S. Securities and Exchange Commission ("SEC") took the long-awaited step of proposing rules, interpretations and guidance (the "Proposed Rules") ...
European Union May Introduce Whistleblower Protections As Under Sarbanes-Oxley Jones Day The draft Directive protects those who report violations of competition, public procurement, and data protection rules, as well as misdeeds such as money laundering and tax evasion.	BC Passes Legislation To Modernize International Commercial Arbitration Act McCarthy Tétrault LLP The BC legislature has passed a bill that will modernize the International Commercial Arbitration Act, RBC 1996, c. 233 (the " International Arbitration Act").
Long-Awaited Proposed Canadian Derivatives Registration Arrives Borden Ladner Gervais LLP With the publication of Proposed National Instrument 93-102 Derivatives: Registration and its Companion Policy 93-102 (collectively, the "Derivatives Registration Rule") by the Canadian Securities Administrators...	Bill 162 Charbonneau Commission Recommendations Borden Ladner Gervais LLP The Province of Québec has long had a licensing regime to qualify its construction contractors.
Impending Necessary Ban-The-Box Updates For Criminal Record Inquiries In Massachusetts And San Francisco Littler Mendelson In 2010, Massachusetts enacted the Criminal Offender Record Information (CORI) Reform Act, which includes a "ban-the-box" component.	Franchisor Bankruptcy Case Dismissed As A Bad Faith Filing Foley & Lardner The United States Bankruptcy Court for the District of Delaware recently issued an opinion discussing the tension between using bankruptcy as a legitimate tool to maximize value versus using bankruptcy...
Kollision vom früheren Firmenname (1994) und vom späteren Gemeinschaftsmarke (2006) Katona & Partners Attorneys at Law Die Firma GARAGENPRO HUNGÁRIA Kft. (selbstverständlich ist dies ein für diesen Artikel anonymisierten Fantasiename) 1994 in Ungarn eingetragene Firma.	Supreme Court Upholds The Constitutionality Of Inter Partes Reviews Foley & Lardner On April 24, 2018, the Supreme Court issued its opinion in Oil States Energy Services, LLC v. Greene's Energy Group, LLC, No. 16-712, affirming the constitutionality of the U.S. Patent and Trademark Office'...
New Guidance On The Equal Pay Act Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. The Ninth Circuit Court of Appeals issued an important decision last week in Rizo v. Yovino, holding that an employer may not use an employee's prior salary history to justify gender pay disparity ...	Real Property, Financial Services, & Title Insurance Update: Weeks Ending April 6 & 13, 2018 Carlton Fields Lis Pendens: lawsuit to foreclose mortgage on real property is an action "founded on a duly recorded instrument" - National American Home, LLC v Deutsche Bank Nat. Trust Co., Case No. 4D17-2614...
When Is A Loan "Green"? Bennett Jones LLP More than US $150 billion in "green bonds"—bonds that fund projects that provide environmental benefits according to guidelines developed by the International Capital Markets Association...	City Of Atlanta Taps SGR Client Cherry Street To Launch Clean Energy Program Smith Gambrell & Russell LLP Atlanta-based Cherry Street Energy, LLC, a Client of SGR, in partnership with the City of Atlanta, launched the Solar Atlanta Program on Monday, April 23 – an initiative to provide cost-effective...
Express Entry Draw – Applicants With CRS Of 441 Invited To Apply Green and Spiegel LLP A total of 3500 invitations were issued in today's draw.	SEC Proposes A New Standard of Care for Broker-Dealers: Regulation Best Interest Morrison & Foerster LLP For many years, the distinction between investment advisers and broker-dealers was clear: investment advisers were counselors who were expected to provide advice ...
DoD Thresholds For Cost And Pricing Data Poised To Increase To $2M, Reducing Contractor Risks Of Defective Pricing And CAS Liability Dentons In just over two months, the dollar threshold triggering the requirement for certified cost and pricing data under Federal Acquisition Regulation ("FAR") 15.403-4 and application of the "CAS"...	LinKsmart Redirection Campaign Takes Flight…But Keeps One Case On The Ground RPX Corporation The original patent (6,779,118) issued in August 2004 with estimated priority date in May 1998 based on the filing of a provisional application.
Company Gateway (Cégkapu) Katona & Partners Attorneys at Law In 2017, Hungary introduced a new system for communication with the authorities and certain further entities.	Fim da medida provisória da reforma trabalhista altera de novo regras da CLT Veirano e Advogados Associados A medida provisória deixava claro que as mudanças da lei aplicavam, na integralidade, aos contratos de trabalho vigentes e tratava de pontos polêmicos como contrato intermitente, negociação coletiva, jornada 12x36, contribuição provisória e atividade insalubre por gestantes e lactantes.
Counting The Cost - Global Regulatory Outlook 2018 Duff and Phelps The theoretical scope for valuation "at cost" in alternatives funds is vanishing as a relief to investors.	Comptroller Of The Currency: OCC's Current Agenda Focused On Relief For Community Banks And A Potential Fintech Charter Arnold & Porter In appearances at recent community bank forums, Comptroller of the Currency Joseph Otting outlined a strategy focused on better tailoring and easing regulatory requirements for community banks.
Impasse Abre Discussão Se Reforma Trabalhista Vale Para Contratos Antigos Veirano e Advogados Associados A perda da validade da medida provisória (MP) que regulamenta a reforma trabalhista abre discussão sobre o valor das mudanças para todos os contratos de trabalho.	The Price Of Everything But The Value Of Nothing - Global Regulatory Outlook 2018 Duff and Phelps Broker quotes and pricing services have long been the Achilles heel of valuation of infrequently traded investments.
Supreme Court Upholds Constitutionality Of Inter Partes Review - PTAB Must Decide Patentability Of All Challenged Claims Fredrikson & Byron, P.A. The Supreme Court of the United States issued a pair of significant decisions today regarding post-grant practice before the Patent and Trademark Office's (PTO's) Patent Trial and Appeal Board (PTAB).	Alternative Data Brings Different Problems - Global Regulatory Outlook 2018 Duff and Phelps Big data's becoming a big issue for hedge funds and other managers, and it could cause some major problems for compliance.