Mondaq Latest Added Articles

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Rechtsprechungslinie beibehalten 
Arnold & Porter Kaye Scholer LLP

The German online legal journal Deutscher AnwaltSpiegel published Labor and Employment associate Nina Marcus' article on a recent decision of the German Federal Labour Court regarding minimum wage regulations.
Major Changes Proposed to UK Tax Regime for Non-resident Investors in UK Commercial Property  
Proskauer Rose LLP

The UK Government has announced in today's Budget (22 November) that it is launching a consultation on extending the scope of UK tax on real estate.
Legal Problems Of Alcoholism And Drugs Assumption 
Hassan Elhais

According to the criminal law in Dubai it is illegal to consume alcohol without a validly issued permit.
Analysis Of RBI's Master Directions On Prepaid Payment Instruments 
Trilegal

On 11 October 2017, the Reserve Bank of India (RBI) issued the RBI (Issuance and Operation of Prepaid Payment Instruments) Directions, 2017 (New Directions).
Unjustified Threats: The Time For Change Is Now 
Keystone Law

On 1 October 2017, the principal provisions of the Intellectual Property (Unjustified Threats) Act 2017 (the Act) come into effect.
Commercial Litigation And ADR Mechanisms In Nigeria 
Fred-Young & Evans

Litigation is the most common form of dispute resolution in Nigeria. Its origin is entrenched in the English common law.
Weekly Tax Update - 21 November 2017  
Smith & Williamson

Welcome to Tax update, which provides a round-up and explanation of the latest tax issues.
Budget Commentary 2017 - A Legal Commentary 
Field Fisher

Budget 2017 is complete. Amid intense financial pressure due to public sector net borrowing worsening and the current uncertainty in the economy due to Brexit, ...
IBBI Amends CIRP Regulations And Fast Track Regulations 
S.S. Rana & Co. Advocates

The Insolvency and Bankruptcy Board of India amended regulations regarding Corporate Insolvency Resolution Process wherein it has stated that the resolution plans with respect to Section 30...
Market Arbitrators: A Thing Of The Past? 
Mishcon de Reya

In light of the recent decision in Tonicstar Ltd v Allianz Insurance Plc and Sirius International Insurance Corporation [2017] EWHC 2753 (Comm) ("Tonicstar")...
What's more important; business or home? An update…. 
Baker & Partners

We last discussed this issue in April 2015 following the case of Cooper-Hohn (2014) where one spouse, persuaded the Court of Appeal in England and Wales that their contribution to the finances of the marriage amounted to a "special contribution" so as to justify the Court making an order giving that spouse 64% of the matrimonial assets on divorce.
Handover Of The Leased Property After Conclusion Of The Lease Agreement  
Erdem & Erdem Law

As is known, a contract is only effective between the parties due to the principle of relativeness of contract.
NGT Bench At Kochi Shut. Cases Transferred To Chennai Bench 
S.S. Rana & Co. Advocates

The NGT Bench inaugurated merely 18 months ago at Kochi has been shut down permanently after its functioning stopped on November 10, 2017.
CMS Releases 2018 HCPCS Update 
Reed Smith

The 2018 update to the alphanumeric Healthcare Common Procedure Coding System (HCPCS) files is now available on the CMS website.
U.S. Supreme Court Again Upholds Arbitration Clauses 
Much Shelist, P.C.

In Kindred Nursing Centers v. Clark, the U.S. Supreme Court held that a wrongful-death action brought by two deceased residents' relatives...
FALSE START ON THE OFFENSE- Why The 5th Circuit Flagged The NFLPA For Illegal Procedure In The Ezekiel Elliott Case 
Miller, Canfield, Paddock and Stone P.L.C.

After further review, the ruling of a Texas district court was overturned by the 5th Circuit Court of Appeals on Oct. 12, 2017...
CMS Finalizes Medicare Clinical Lab Fee Schedule For 2018  
Reed Smith

CMS has issued final 2018 Medicare clinical laboratory fee schedule (CLFS) rates, which are based on private payer data as mandated by the Protecting Access to Medicare Act of 2014 (PAMA).
Rising Ground Rent In New Build Homes: Are Solicitors To Blame? 
Wright Hassall

Over the last year there have been reports of newly built properties being effectively worth nothing after just six years due to excessive ground rent charges.
Lessons From Equifax 
Gray Plant Mooty

The massive data breach at Equifax has focused attention on the substantial risks for businesses that collect, store, use, and share personal information.
Data Protection In Russian Federation: Overview 
Gorodissky & Partners

1. What national laws regulate the collection and use of personal data? General laws. The main provisions of data protection and privacy law can be found in the:
When Emotions Run a-Mok: Trial Judge's Decision Upheld in Sweeting v Mok, 2017 ONCA 203  
Norton Rose Fulbright Canada LLP

As an employer, you need to be careful what you say in the heat of the moment. That is the takeaway from the Ontario Court of Appeal's recent decision in Sweeting v. Mok, 2017 ONCA 203.
Shifting Tides Of Protection In The Food And Beverage Sector 
Gorodissky & Partners

Two-dimensional (2D) and threedimensional (3D) trademarks for trade dress in the food and beverage sector play a crucial role in helping consumers to recognise brands in everyday life.
Overview Of The Tenant Fees Bill 2017 
Dentons

As part of the government's drive to improve transparency and fairness within the lettings market, the Tenant Fees Bill has recently been introduced in Parliament.
For N.D. Cal., Primary Jurisdiction Is The "Natural" Outcome 
Reed Smith

We've got food on our mind. Last Sunday, the CBS Sunday Morning show ran its food episode, with segments about, inter alia, a little restaurant in the north of England being rated the best in the world, ...
Items Of Interest On The Federal Civil Rules Committee Agenda 
Reed Smith

The federal Advisory Committee on Rules of Civil Procedure released its latest Civil Rules Agenda Book on November 7, 2017.
Open Banking: Disruption Is Afoot For Regulators As Well As Banks 
Deloitte

The much anticipated "Open Banking" revolution will start in 2018 and will have profound implications for the retail banking sector.
2017 FCPA Enforcement Actions and Highlights 
ELIG, Attorneys-at-Law

Overall, this was a less active year in terms of Foreign Corrupt Practices Act ("FCPA") enforcement actions, at least when compared to 2016. In 2017, the Department of Justice ("DOJ") took a total of 9 enforcement actions and the Securities and Exchange Commission ("SEC") took a total of 7 enforcement actions.
Autumn Budget 2017: Deloitte Public Sector And Economics Predictions 
Deloitte

Ahead of the Autumn Budget on 22 November, Deloitte's public sector and economics teams set out their thoughts on the outlook for public services, the economy, social care, local government and infrastructure.
Travel Ban 3.0 Blocked By Judges  
Davis Brown Law Firm

The most recent travel ban (commonly called Travel Ban 3.0), which was to go into effect today (October 18, 2017) has been enjoined by two federal courts, one in Hawaii and one in Maryland.
Seventh Circuit Confirms That ERISA Does Not Provide Remedy For Terminated Former Plan Administrator 
Godfrey & Kahn S.C.

Roberto Trujillo worked in the personnel department for the American Bar Association...
Retail Productivity: Shop For Tomorrow's Workforce  
Deloitte

As retailers continue to adapt to changes in consumer behaviour and digital disruption, what can the workforce expect?
Swiss Supreme Court Confirms Regular Data Update In International Tax Assistance Procedures 
Rihm Attorneys

The Swiss Federal Tax Administration (SFTA) may provide on a regular basis information to their foreign counterparts on the status of international administrative assistance proceedings in tax matters
Collaborative Working – Improving Client And Law Firm Relationships 
Stewarts

Matthew Knowles, partner in the International Arbitration department, writes about how collaborative working is the key to strong and sustainable relationships between law firms and clients.
Smart Contract Applications in M&A: Earn-outs  
Norton Rose Fulbright Canada LLP

This blog has previously provided an overview of how blockchain technology and smart contracts might be adapted to the legal industry. In this post, we will explore the specific example of how these technologies may be able to simplify an earn-out agreement in an M&A transaction.
Financial Interests When Separating – ‘Make Your Intentions Known' 
Stewarts

Senior associate Lucy Gould reviews the recent case of Davis v Jackson [2017] EWHC 698 (Ch), in which the court determined the beneficial interests a separated (but not divorced)...
Are You Being Served? Civil Procedure Rules – Service Of A Claim Form  
Stewarts

Service of the Claim Form should be a straightforward exercise. However, as a number of recent cases have shown...
Gizlilik Sözleşmeleri 
MGC Legal

Ticari hacmin gelişmesi ve piyasada yeni aktörlerin faal hale gelmesi gerek tüzel gerek ise gerçek kişiler arasındaki ilişkilerin daha kapsamlı ve çetrefilli hale gelmesine sebebiyet vermiştir.
Cracking Of Whip On Misleading Advertisements 
S.S. Rana & Co. Advocates

Advertisements have been an age old forms of communication to the public about the goods or services.
Techgiving 
Duane Morris LLP

While we regularly should practice gratitude, it is that time of year to be especially thankful. So, as we are gathered with family and friends eating turkey and all the trimmings, we think about those aspects of our lives as to which we are most grateful. And how about technology?!
Funds Masterclass To Explore ‘Second Age Of Discovery'  
GuernseyFinance

Delegates at the upcoming Guernsey Funds Masterclass in London will hear of the opportunities that will exist for the UK in the future despite the current Brexit-fuelled uncertainty.
Supreme Court Overturns Employment Tribunal Fees, But What Next? 
Taylor Vinters

The Supreme Court has today handed down a judgment confirming that the UK's Employment Tribunal fees regime...
Turkey Requires Local Government Bodies to Use at Least 51% Domestic Goods During Rail Projects  
Moroğlu Arseven

Turkey has introduced a rule that municipalities, special provincial administrations and related entities must now use at least 51% domestic goods when manufacturing subways, light rail systems, trams and similar vehicles
Getting The Deal Done  
GuernseyFinance

Stuart Gardner, a Director at EY in Transaction Advisory Services, and David Jones, Counsel at Carey Olsen, writing on behalf of the Guernsey Investment Fund Association, look at Guernsey's role...
Turkey Updates Rules for Interest Free Activities by Financial Leasing, Factoring and Finance Companies 
Moroğlu Arseven

The Turkish Banking, Regulation and Supervision Agency ("Agency") has amended rules for financial leasing, factoring and financing companies. The changes focus on Islamic financing, applying particularly to participation banks and interest-free financial institutions.
Pemex Publishes Its Code Of Ethics And Its New Code Of Conduct 
Baker & McKenzie

On August 28, 2017, Petróleos Mexicanos published its new Code of Conduct. The Code outlines the corporate ethics principles and guidelines mandatory for all employees, subsidiaries and affiliates.
Brasil Mais Próximo Do Protocolo De Madri 
DANIEL Legal & IP Strategy

O Brasil deu um novo e importante passo rumo ao Protocolo de Madri, com a apresentação, nesta semana, do projeto de adequação do INPI ao sistema internacional de registro de marcas.
Do American Indian Tribal Deals Shield Patent Owners From Inter Partes Review? 
Kramer Levin Naftalis & Frankel LLP

Intellectual Property partner Brian V. Slater authored an article titled "Do American Indian Tribal Deals Shield Patent Owners from Inter Partes Review?" which appeared in the Kluwer Patent Blog on Nov. 1, 2017.
Taxi Drivers With Central Headquarters Are Considered Employees For Social Security Purposes 
Rihm Attorneys

If independent taxi drivers are affiliated with a central headquarter, they are considered to be their employees, so the Swiss Federal Supreme Court in a decision of November 9, 2017. This will make them much better protected in the future.
Agréments et enregistrement des PSP à l'heure de la DSP2, in Revue Banque n° 813 
Kramer Levin Naftalis & Frankel LLP

Paris counsel Pierre Storrer's article "DSP2 and PSP authorizations / registrations" appeared in the November 2017 issue of the French publication Revue Banque.
FCC Adopts New Rules On Blocking Robocalls 
Troutman Sanders LLP

On November 16, the Federal Communications Commission adopted new rules to allow telephone carriers to block robocalls as potentially fraudulent when they come from certain types of phone numbers.
Sixth Circuit Provides Clarification On Legality Of Draw-On-Commission Policy 
Sheppard Mullin Richter & Hampton

Last month, the Sixth Circuit revived a lawsuit brought under the Fair Labor Standards Act ("FLSA") alleging that a retailer's commission policy was unlawful in Stein v. hhgregg, Inc., 2017 U.S. App.
Changes Ahead At The Consumer Financial Protection Bureau 
Butler Snow LLP

Richard Cordray was confirmed as the head of the Consumer Financial Protection Bureau (CFPB) in 2013 under President Barack Obama.
Dedmon Decided: The Destiny Of "Reasonable" Medical Expenses In Tennessee Revealed 
Butler Snow LLP

In a stunning reversal of what appeared to be the trend towards discounted medical damages in personal-injury cases, the Tennessee Supreme Court ruled on Friday ...
President Likely Has Authority To Appoint Acting Director To Replace Cordray At CFPB 
Troutman Sanders LLP

Consumer Financial Protection Bureau (CFPB) Director Richard Cordray's announced yesterday (as covered here) that he will be resigning from his position by the end of this month.
Quebec Pension Plan Enhancements: Increased Employer Contributions In Sight 
Blake, Cassels & Graydon LLP

On November 2, 2017, Quebec's Minister of Finance, Carlos Leitão, tabled Bill 149, An Act to enhance the Québec Pension Plan and to amend various retirement-related legislative provisions (Bill) ...
Standard Set For Vacating An Award Procured By Fraud 
Kramer Levin Naftalis & Frankel LLP

Litigation counsel Michael S. Oberman's article "Standard Set for Vacating an Award Procured by Fraud," was posted on Oct. 20, 2017 to the American Bar Association Section of Litigation...
Manafort Indictment Is Bad News For Trump 
Kramer Levin Naftalis & Frankel LLP

Litigation Partner Barry H. Berke co-authored an Op-Ed titled "Manafort Indictment is Bad News for Trump" which appeared in The New York Times on Oct. 30, 2017.
UK - CABLE: Current Awareness Bulletin (Update) 
Clyde & Co

Clyde & Co's UK employment team brings you CABLE, a bulletin keeping you up to date with recent legal developments.
Amici Curiae Come To UPS's Aid In Appeals Over Cigarette Deliveries 
Troutman Sanders LLP

In the cross-appeals of a $246,975,614 judgment won by New York State and New York City, amici curiae have filed briefs in support of the United Parcel Service, Inc., ("UPS").
Indicações Geográficas Em Consulta Pública 
DANIEL Legal & IP Strategy

Na última semana, o INPI disponibilizou a lista de Indicações Geográficas (IGs) da União Europeia (UE) para consulta pública.
CFPB Solicits Comments On Access To Free Credit Scores 
Troutman Sanders LLP

In recent years, many financial institutions and credit card companies have begun offering consumers free access to their credit score.
Sazerac Acquires Stake In John Distilleries 
Nishith Desai Associates

Sazerac Company, Inc., a U.S. headquartered spirits company has acquired a minority stake in John Distilleries, a leading liquor maker in India.
From Functional Analysis To Value Chain Analysis  
ENSafrica

In conducting a VCA, it is important to distinguish between intangibles, value enhancers and synergies.
BRPTO And SIPO Signed A New Memorandum Of Understanding 
DANIEL Legal & IP Strategy

On November 13th, the Brazilian Patent Office (BRPTO) and the Chinese Patent Office (SIPO) signed a memorandum of understanding establishing the basis for a future PPH program between both institutes.
US Department Of The Treasury Seeks To Stimulate Interval Fund Growth 
Kramer Levin Naftalis & Frankel LLP

In response to a recent executive order, the U.S. Department of the Treasury issued this month an official report that recommends the SEC explore ways to stimulate interest in interval funds, ...
Austria Adopts Statutory Outsourcing Regime For Credit Institutions 
Schoenherr Attorneys at Law

The Austrian parliament recently passed an amendment to the Austrian Banking Act (Bankwesengesetz – BWG), introducing a new statutory outsourcing regime for credit institutions applicable from 3 January 2018.
Once Bitten, Twice Shy: Greater Scrutiny Ahead For Employees Misclassified As Contractors 
Fasken Martineau

Jackie VanDerMeulen is the author of the articled titled, "Once bitten, twice shy: greater scrutiny ahead for employees misclassified as contractors" which appears in the International Law Office Newsletter.
Finally Some Clarity On Impending Margin Requirements For OTC Derivatives 
ENSafrica

The Second Draft Board Notice is a vast improvement on the first draft of the Board Notice in a number of ways.
Repeal Of Volcker Rule, Fiduciary Rule And Conflict Minerals Rule Passes House Of Representatives 
Kramer Levin Naftalis & Frankel LLP

On Sept. 14, the U.S. House of Representatives passed a bill (H.R. 3354) along a party-line vote that would (i) repeal the Volcker Rule, the fiduciary rule adopted by the Department of Labor ...
Three's A Crowd: Supreme Court Of Canada Denies Union's Right Of Consultation In Accommodation Process | The HR Space 
Fasken Martineau

Unions do not have an independent legal right, separate and apart from their collective agreement rights, to be involved in every unionized employee's accommodation request.
Dividends Tax: The Importance Of Determining When A Dividend Is "Due And Payable" 
ENSafrica

In terms of section 64EA(a) of the Act, the beneficial owner of a cash dividend is liable for dividends tax in respect of that dividend.
The 340B Drug Pricing Program: New CMS Final Rule Draws A Motion For Preliminary Injunction From Hospital Groups 
Sheppard Mullin Richter & Hampton

On November 13, 2017, the Centers for Medicare & Medicaid Services (CMS) issued the final rule, "Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center ...
Fairfield Liquidators Obtain Another Important Victory In Recovery Efforts 
KRYS Global

Clawback claims in excess of $6 billion of overpaid redemptions have been brought by the Fairfield Sentry liquidators in about 300 United States Bankruptcy Court claims pending before Judge Bernstein...
USCIS Updates Policy On Burden Of Proof For Extension Petitions 
Fakhoury Law Group

On April 18 2017 President Trump signed the "Buy American, Hire American" executive order.
The Cayman Islands As A Restructuring Centre: Ocean Rig Opens The Door  
Maples and Calder

Daniel Bayfield QC and NIck Herrod, primarily through the lens of the Ocean Rig restructuring, but also with reference to the CHC case, explore the circumstances in which the Cayman Islands...
Patent Invalidation Paves The Way For Automated Fare Collection Systems 
Holland & Knight

Next generation automated fare collection systems (AFC) typically characterized by open architecture designs, open payment approaches...
Can An Employer Make Deductions From Remuneration For Work Not Done? 
ENSafrica

When this grievance could not be resolved internally, they approached the Labour Court.
A "New Look" For Salon Employee Commission Arrangements In California 
Ogletree, Deakins, Nash, Smoak & Stewart

A new addition to California law changes the definition of commission pay for licensed employees of beauty salons and barber shops.
Appointment of Arbitrator 
Reed Smith (Worldwide)

Hot on the heels of the Sino v Dana decision (reported in our blog on 16 November), the Commercial Court considered the question of notice of appointment of an arbitrator once again in Glencore Agriculture BV (formerly Glencore Grain BV) v Conqueror Holdings Limited [2017] EWHC 2893.
SEC Chief Accountant Offers Guidance To Audit Committees During Period Of Change 
WilmerHale

Mr. Bricker also emphasized that as auditors implement the new audit reporting standard, "expectations for timely, ongoing communication will continue to be an important element to the auditor-audit committee relationship."
CAQ Report Shows ‘Encouraging' Trends In Voluntary, Enhanced Audit Committee Disclosures 
WilmerHale

The Center for Audit Quality and Audit Analytics recently released their 2017 Audit Committee Transparency Barometer.
Who Says An Offer Of Employment Can't Be Fair Consideration? The Ontario Court Of Appeal Weighs In On Asset Purchase Transactions And Employment Contracts  
McMillan LLP

In asset purchase transactions, it is not uncommon for new employment offers to be made to the vendor's employees.
2017 Year In Review Of Internet Companies' Protection From Liability For Users' Sexual Trafficking Content: The Courts Gave But Congress (May) Take (Some) Away 
Butler Snow LLP

At the beginning of this year, internet companies found strengthened protection from liability for users' sexual trafficking content thanks to the U.S. Supreme Court's decision not to review...
What Contractors Need To Know About The Proposed FY 2018 NDAA  
Morrison & Foerster LLP

On November 9, 2017, Congress released its conference report on the FY 2018 National Defense Authorization Act.
Testimony Of Coleman Bazelon Before The U.S. House Of Representatives, Committee On Energy And Commerce, Subcommittee On Communications And Technology  
The Brattle Group, Inc.

I would like to thank the Committee for the opportunity to testify today on this important topic.
Gender Diversity And Overboarding Dominate ISS's 2018 Proxy Guideline Updates 
Lawson Lundell LLP

Institutional Shareholder Services ("ISS") has published its 2018 updates to its proxy voting guidelines for Canadian public companies.
HHS Secretary Nominee Azar To Face Senate HELP Committee After Thanksgiving 
Reed Smith

The Senate Finance Committee, which will actually vote on the nomination, has not yet announced a date for its hearing.
Cayman's New Foundation Companies – A Month In Review 
Maples and Calder

This webcast reflects on the impact of Foundation Companies in the month since the first available registration date of Tuesday, 19 October 2017.
House And Senate Tax Reform Proposals Diverge On Energy Provisions 
Holland & Knight

On November 2, House Republicans introduced H.R. 1, the Tax Cuts and Jobs Act. Senate Republicans followed suit shortly thereafter, releasing their proposal on November 9.
Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 7 
Jones Day

The USDA Inspector General ("IG") reviewed the Agricultural Marketing Service's ("AMS")...
Trump Administration Issues Guidance On Insurance Regulation 
Kramer Levin Naftalis & Frankel LLP

The Oct. 26 report addresses asset management and insurance.
Retrenchment On Cuban Sanctions; The Search For A Middle Ground 
Sheppard Mullin Richter & Hampton

The Trump Administration has made good on its promise to cut back on the liberalized Cuban policy implemented by the Obama Administration with a new regime that introduces new travel restrictions ...
Interval Alts And Insurance-Linked Securities 
Kramer Levin Naftalis & Frankel LLP

We are seeing Interval Alts (registered investment funds featuring hedge fund-like liquidity) being used for dedicated insurance-linked securities (ILS) strategies.
FARA And The First Amendment: How Will The United States Calibrate Its Response To Foreign Propaganda? 
Sheppard Mullin Richter & Hampton

Remember how we talked about bipartisan legislation introduced in March 2017 (which seems like a million years ago) to investigate the Russian media outlet RT for spreading propaganda ...
GAO Rules That The Adoption Of Leveraged Lending Guidance Violated Law 
Kramer Levin Naftalis & Frankel LLP

In March, U.S. Senator Pat Toomey of Pennsylvania requested the GAO ruling to decide if the Guidance was in fact a rule.
War: What Is It Good For? Business Loss And The War Exclusion 
Carlton Fields

In summer 2014, Israel and Hamas were engaged in armed conflict. Thousands of residents of Gaza and Israel were killed or injured, and much of Gaza City was destroyed by rocket fire and other heavy weapons.
Cordray To Resign As CFPB Director  
BakerHostetler

In an email to CFPB staff on Wednesday, Director Richard Cordray announced that he will resign by the end of November.
Rule 506 – Safe Harbor Conditions 
Morrison & Foerster LLP

NASDAQ Private Markets and Morrison & Foerster recently discussed the conditions a private company must satisfy in order to rely on Rule 506 for a private placement.
Le contrôle des concentrations en Europe - Ce qui change en 2017  
Kramer Levin Naftalis & Frankel LLP

Cet article résume les changements récents des règles du contrôle des concentrations en Europe.
News Flash: Kleptocrats Still Taking Bribe Money With One Hand And Laundering It With The Other 
Sheppard Mullin Richter & Hampton

The summer of 2017 saw the U.S. Department of Justice's docket still teeming with Foreign Corrupt Practices Act (FCPA) cases.

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