Mondaq Latest Added Articles

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A Privacy Shield Replaces A Safe Harbor For The Swiss, Too 
Foley Hoag LLP

US companies with employees or clients in Switzerland will be interested to hear that the new Swiss-US Privacy Shield was approved on 11 January.
Developments In California Prevailing Wage Law 
Procopio Cory Hargreaves & Savitch LLP

The California Legislature's ongoing efforts to strengthen the Prevailing Wage Law continued in 2014, with certain measures enacted to become effective in 2015.
European Insolvency Regulation Recast And Pre-Packed Asset Sale Arriving In The Netherlands  
De Brauw Blackstone Westbroek N.V.

2017 will bring important new restructuring and insolvency legislation.
Turbulent Week Comes To An End As Cote d'Ivoire Completes New Administration. 
Songhai Advisory LLP

On Tuesday (10 January 2017), President of Cote d'Ivoire, Alassane Ouattara, completed the anticipated announcement of his senior government with the confirmation of Amadou Gon Coulibaly...
Elections May Impact New Employment And Dismissal Laws  
De Brauw Blackstone Westbroek N.V.

2017 may be a 'make or break' year for the new employment and dismissal laws.
Dutch Listed Companies To Bring Corporate Governance In Line With New Code In 2017  
De Brauw Blackstone Westbroek N.V.

A 2017 priority for Dutch listed companies will be acquainting themselves with the new Dutch Corporate Governance Code and bringing their corporate governance structure...
Federal Register: SEC Requests Comments On Extending Expiration Date For Application Of FINRA Rules To Security-Based Swaps 
Cadwalader, Wickersham & Taft LLP

The SEC requested comments on an FINRA proposal that will extend the expiration date of FINRA Rule 0180 ("Application of Rules to Security-Based Swaps") to February 12, 2018.
CFTC Division Grants No-Action Relief From CPO Registration Requirements 
Cadwalader, Wickersham & Taft LLP

The CFTC Division of Swap Dealer and Intermediary Oversight ("DSIO") granted no-action relief to the trustee of several commodity pools from registration as a commodity pool operator ("CPO")...
President-Elect Taps Former NYC Mayor Giuliani For Cybersecurity Advice 
Cadwalader, Wickersham & Taft LLP

President-elect Donald J. Trump announced that former New York City Mayor Rudolph Giuliani will act as an adviser to the White House on cybersecurity matters.
NFA Clarifies Member Obligation When Transacting Customer Business With Exempt CPO/CTAs 
Cadwalader, Wickersham & Taft LLP

The NFA issued a notice stating that members who take "reasonable steps" to determine the current registration and membership status of previously exempt CPOs and CTAs will not be in violation of...
Tehlikeli Maddelerin Karayoluyla Taşınması Hakkında Yönetmelikteki Değişiklikler  
Guzeloglu Attorneys-at-law

Tehlikeli Maddelerin Karayoluyla Taşınması Hakkında Yönetmelikte yapılan son değişikliklerle bazı başlıklar öne çıkmaktadır.
Türk Vatandaşlığının Kazanılması Hakkında Yeni Düzenleme  
Guzeloglu Attorneys-at-law

Yabancılar Yönetmeliğin ilgili 20. Maddesinin 2. Fıkrası kapsamında Türk vatandaşlığına hak kazanabilecektir.
Broker To Pay $24.4 Million To Settle SEC Charges Stemming From Improper Handling Of Pre-Release ADRs 
Cadwalader, Wickersham & Taft LLP

SEC-registered broker-dealer ITG Inc. ("ITG") agreed to pay $24.4 million to settle SEC charges alleging that it had prompted the issuance of American Depository Receipts ("ADRs")...
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.
Decizia De Concediere, Valabil Comunicată Prin E-Mail 
Wolf Theiss Rechtsanwälte GmbH & CO KG

Înalta Curte de Casatie și Justiție a stabilit prin Decizia nr. 34/2016 publicată în Monitorul Oficial nr.18 din 9 ianuarie 2017 că un angajator va putea comunica în mod valabil decizia...
Ole Miss Substantially Prevails In Tax Court Case Over Taxability Of Coach Appearances  
Butler Snow LLP

The most important issue in the case was whether any portion of payments that UM received from exclusive providers was taxable.
BREAKING DEVELOPMENT: Supreme Court To Rule On Enforceability Of Class Action Waivers In Arbitration Agreements 
Orrick

As expected, the Supreme Court granted review today of three of the conflicting Court of Appeals decisions.
Supreme Court Agrees To Rule On Legality Of Class Action Waivers 
Seyfarth Shaw LLP

Two employers also asked the Supreme Court to review decisions by the Ninth and Seventh Circuits in which the courts found the class waivers to be unlawful.
Regulation (EU) No 1286 / 2014 - PRIIPs 
Matheson

The delayed application of PRIIPs aligns its implementation with MiFID II, which will apply from 3 January 2018.
Attorney And Mortgage Relief Scam Operator Banned From Debt Relief Business  
Troutman Sanders LLP

The FTC also filed a contempt action against Kutzner, alleging his actions violated a 2003 FTC court order against him.
FTC Goes After IoT Device Manufacturer For Alleged Security Vulnerabilities In Routers, IP Cameras 
BakerHostetler

On January 6, the FTC announced that it had filed a complaint against Taiwanese D-Link Corp. and its U.S. subsidiary, D-Link Systems Inc. (D-Link), alleging the company made deceptive claims...
New Laws To Support Aviation 
GANADO Advocates

Dr Max Ganado talks to The Business Observer about the new laws to support aviation.
OSHA's New Electronic Reporting And Anti-Retaliation Rule Challenged By Industry Groups In Oklahoma  
Seyfarth Shaw LLP

Business organizations have once again brought suit against OSHA's new electronic reporting and retaliation rule, arguing that the proposed online database violates employers' ...
Court Of Appeal Summaries (January 9 – 13, 2017)  
Blaney McMurtry LLP

Below are the summaries for this week's civil decisions of the Court of Appeal.
Minnesota Discovers Limits To Its Regulator's Power Over Insurers 
Carlton Fields

Information contained in the reports must be made public through a link on the web site of the Insurance Department.
Little Caesars Fails To Prove Acquired Distinctiveness For DEEP!DEEP! DISH PIZZA Mark  
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

The TTAB recently held that trademark applicants may rely on the "family of marks" doctrine to prove acquired distinctiveness for descriptive marks, but that LC Trademarks, Inc. had failed to...
Expanding The Oppression Remedy 
Miller Thomson LLP

The first was for relief under a shared facilities agreement to which the condominium and the developer/declarant were parties.
The Path To Reconciliation With Indigenous Peoples Starts With Partnership 
Torys LLP

Partnership in every sense of the word will be essential for Canada as it moves along the path to reconciliation with Indigenous peoples.
Paving The Way To Cannabis Legalization 
Torys LLP

The Task Force on Cannabis Legalization and Regulation has released its much-anticipated report to help guide the federal government on the best approach to regulating legal access to cannabis.
Supreme Court Grants Certiorari In WOTUS Case 
Troutman Sanders LLP

The Supreme Court granted certiorari today in the long running dispute as to whether the federal district courts or appellate courts have jurisdiction to decide the viability of the WOTUS....
Protecting your business interests - Restraint of trade clauses in employment contracts 
MDC Legal

Restraint of trade clauses should specifically outline what needs to be protected for the sustainability of a business.
User pays but who gets paid? The vexed question of damages for copyright infringement 
Shelston IP

These cases show the importance of structuring IP ownership at the outset, and considering future infringement claims.
‘Make good' regime made better for Queensland landholders 
Thynne & Macartney

Landholders should welcome these changes for compensation for damage to water bores caused by mining or gas development.
Proposed new stock route laws for Queensland: A good thing or a bad thing?  
Thynne & Macartney

The Bill proposes a single Act to better support the long term management of Queensland's extensive stock route network.
Excessive legal bills and costs assessment applications in New South Wales 
Swaab Attorneys

The article considers the NSW costs assessment process and avenues available to a client to contest a bill of costs.
Restraining orders and the Proceeds of Crime Act 2002 (Cth) 
Swaab Attorneys

The Australian Federal Police can seize, confiscate and forfeit any property suspected to be the proceeds of a crime.
Copyright infringement - Downloading music and movies – the first injunction against infringing websites 
Holman Webb

This decision provides some insights into the wording of the Act, and the obligations imposed on the affected parties.
Swearing in the workplace: Where should you draw the line? 
Corrs Chambers Westgarth

Determining whether dismissal is an appropriate response to swearing in the workplace is an increasingly difficult task.
Evolution, not revolution: reforms proposed for the NSW planning system 
Clayton Utz

Anyone with a current or future development project or modification should seek advice on any potential implications.
Review of Queensland Privacy and Right to Information legislation 
Corrs Chambers Westgarth

This note summarises key issues and considers how the privacy and right to information laws may evolve in the future.
Disrupting procurement: the process contract and other avenues 
Corrs Chambers Westgarth

The law should balance the need for accountability without allowing legal actions to be disruptive and obstructive.
Koh V Ellipsiz Communications Ltd: The "Personal Grievance" Exception Under The OBCA 
Borden Ladner Gervais LLP

In Koh v Ellipsiz Communications Ltd,1 the Ontario Superior Court of Justice ("OSCJ") denied an application for a declaration brought by Tat Lee Koh ("Koh"), the largest shareholder...
Tax Season Is In Full Swing: Beware Of The W-2 Spear Phishing Scam 
BakerHostetler

Last year we saw an unprecedented number of companies of all sizes fall victim to a W-2 spear phishing scam.
Update On The Acquisition Of Turkish Citizenship 
Guzeloglu Attorneys-at-law

With the latest changes on the relevant Regulation, it is possible for a foreigner who invests in Turkey in the determined amounts...
FWS Lists Rusty Patched Bumble Bee As Endangered 
Troutman Sanders LLP

On January 11, the U.S. Fish and Wildlife Service (FWS) published its final listing of the Rusty Patched Bumble Bee as endangered under the Endangered Species Act (ESA).
Change In Shareholder Approval Requirements For Certain TSX-V-Listed Issuers Undertaking A Change Of Business Or Reverse Takeover 
Bennett Jones LLP

On December 15, 2016, the TSX Venture Exchange (TSX-V) published amended Policy 5.2 – Changes of Business and Reverse Takeovers of the TSX Venture Exchange Corporate Finance Manual (Policy 5.2).
Canada's Anti-Spam Legislation: Is Your Business Ready For The Private Right Of Action? 
Gowling WLG

Canada's Anti-Spam Legislation (CASL) establishes a highly restrictive regime for the sending of marketing and promotional emails and texts (commercial electronic messages or CEMs).
Ninth Circuit And "Ascertainability": No "Administratively Feasible" Method Of Identifying Class Members Required 
Morrison & Foerster LLP

On January 3, 2017, the Ninth Circuit affirmed a district court's decision to grant class certification...
SEC Staff Announces 2017 OCIE Examination Priorities 
Proskauer Rose LLP

On January 12, 2017, the staff of the Office of Compliance Inspections and Examinations of the SEC released its annual announcement on examination priorities in the coming calendar year.
Is There An Opening To Withdraw Or Modify Electronic Logging Device Rule? 
Holland & Knight

The Federal Motor Carrier Safety Administration (FMCSA) published its final electronic logging device (ELD) rule on Dec. 16, 2015, which the FMCSA claims...
Rail Issues Before The New Administration 
Holland & Knight

There was a plenty of rail-related activity during the 114th Congress and the last two years of the Obama Administration.
NAFTA Discussions May Alter New Rule On Lease Of Equipment By Mexican Carriers 
Holland & Knight

It is common knowledge that a major platform of President-Elect Donald Trump's campaign was the need to renegotiate the terms of the North American Free Trade Agreement (NAFTA) with Mexico and Canada.
The New French Regulation Against Money Laundering And The Financing Of Terrorism 
Kramer Levin Naftalis & Frankel LLP

Paris counsel Pierre Storrer's article "The New French Regulation Against Money Laundering and the Financing of Terrorism,"
Injured Golfer's Claim Against Club Members Dismissed 
MacRoberts

Caught up in a flurry of New Year's Resolutions, you might have resolved to be more active or re-learn a sport you never quite mastered; maybe your first stop might have been to the doorstep of your local golf club.
South & Southeast Asia M&A Newsletter - January 2017 
Morrison & Foerster LLP

This newsletter summarizes some of the key changes affecting foreign investment in South and Southeast Asia. We hope that you will find this information useful.
Hot Topics In Private Fund Negotiations 
Torys LLP

Our private equity team looks at five of the most important issues facing negotiations—for investors and sponsors alike.
Google Supreme Court Case Pits Rule Of Law Against Free Speech 
Torys LLP

Should technology companies be legally responsible for policing the global Internet to enforce the laws of any one country?*
WCAG 2.0 AA Gains Prominence As Website Accessibility Standard 
Ogletree, Deakins, Nash, Smoak & Stewart

The U.S. Architectural and Transportation Barriers Compliance Board (Access Board) finalized a regulation this week that will make the Web Content Accessibility Guidelines 2.0 (WCAG 2.0)...
Carbon Pricing In Canada 
Torys LLP

As we enter 2017, the governments of Canada and several provinces are poised to implement significant new measures to mitigate climate change.
A New Era Of Canadian Defensive Tactics 
Torys LLP

"Defensive tactics other than shareholder rights plans will become more common and will attract a high level of regulatory scrutiny."
Medida Provisória N.º 766/2017: Instituição Do Programa De Regularização Tributária 
Tauil & Chequer

No dia 05 de janeiro de 2017, foi publicada a Medida Provisória n.º 766/2017, que instituiu o PRT junto à Secretaria da RFB e à PGFN.
OEB Posts 2015 Conservation And Demand Management Results 
Aird & Berlis LLP

On December 29, 2016, the Ontario Energy Board posted the Independent Electricity System Operator's (IESO) 2015 Annual Conservation and Demand Management (CDM) Results Report (the Report).
NYDFS Significantly Revises Cybersecurity Proposal, Burdens Remain 
Morrison & Foerster LLP

On December 28, 2016, the NYDFS released a significantly revised version of its controversial, proposed cybersecurity rules, initially proposed in September of last year.
Enforcement Trends: The New Administration And Securities Enforcement  
Ropes & Gray LLP

In the podcast (and transcript) we're going to discuss what securities enforcement might look like under a Trump administration.
Citysprint Courier Delivered Employee Status By Employment Tribunal 
Dentons

In another case focusing on the gig economy, the London Central Employment Tribunal has ruled that a CitySprint bike courier was a worker under the Employment Rights Act 1996.
Provisional Measure No. 766/2017: Creation Of The Tax Regularization Program 
Tauil & Chequer

On January 5, 2017, Provisional Measure No. 766/2017 was published in the Official Gazette, creating the PRT administered by the Brazilian RFB or "Brazilian IRS" and the Office of the PGFN.
The Irish Financial Services Appeals Tribunal 
Dillon Eustace

If the Central Bank makes a decision that a regulated entity does not agree with then, provided they are a person who is affected by that decision, they may lodge an appeal with IFSAT...
Massachusetts Superior Court Adopts Stringent Standard For Unpaid Meal Breaks Under State Wage Law 
Seyfarth Shaw LLP

The Massachusetts Superior Court recently issued an opinion holding that, under Massachusetts wage law, employers in the Commonwealth must pay employees for meal breaks...
Definitive Safeguard Measures On Certain Passenger Cars. WTO Dispute Settlement System. Report Of The Panel 
Sayenko Kharenko

On 30 October 2013, Japan initiated WTO dispute settlement proceedings over the definitive safeguard measures imposed by Ukraine on imports of certain passenger cars.
Fiduciary Duty Overview For Endowments And Foundations: Integrating Nonprofit Mission Goals Into Investment Practices 
Reinhart Boerner Van Deuren S.C.

Colleges, universities, philanthropic foundations and other endowed nonprofit institutions that enjoy tax exemptions because of their social benefit purposes are increasingly examining...
Notes On Day 4 Of The JPMorgan Healthcare Conference 
Sheppard Mullin Richter & Hampton

Some interesting presentations on the last day of the JPMorgan Healthcare Conference that concentrated on common themes – the increasing importance of ancillary business line...
Commercial Law Update: Review 2016 
Mason Hayes & Curran

There were some important developments in the privacy, technology and intellectual property sectors in 2016. The introduction of a new way to transfer data between the EU and the US...
Road To Brexit: A Contingency For Insurers 
GANADO Advocates

Following the UK voters' decision to exit the European Union, several financial services firms, including insurance companies, are in the process of analyzing possible contingency plans...
Principais Tendências Previstas No Direito Público 
Iberian Lawyer

De facto, por razões sobejamente conhecidas e de má memória, Portugal esteve sujeito a inúmeras restrições orçamentais, seja ao nível do Estado central, seja no plano autárquico e regional.
Comparative Advertisements Postponed In Turkey Until January 2018 
Moroğlu Arseven

For the second time, comparative advertising has been postponed in Turkey, now becoming possible from 1 January 2018 onwards.
The German Competition Authority Imposed Again Fines For Resale Price Maintenance  
Field Fisher

The German Competition Authority (Bundeskartellamt, BKartA) continues to proceed strictly against the enforcement of resale price maintenance (RPM).
SEC Issues Guidance To Investors On ADRs 
Cadwalader, Wickersham & Taft LLP

In an Investor Bulletin, the SEC Office of Investor Education and Advocacy ("OIEA") explained that an American Depository Receipt ("ADR") is a "security that represents shares of non-U.S. companies...
How Reviving Historic New England Can Save On Income Tax 
Baker Newman Noyes

New England is filled with beautiful old buildings. Many once proudly served in varied roles like textile mills, warehouses or military barracks, but were neglected when those uses ended.
CFTC Approves Proposal To "Modernize" Annual Recordkeeping Requirements 
Cadwalader, Wickersham & Taft LLP

The CFTC approved proposed amendments to CFTC Rule 1.31 ("Books and Records, Keeping and Inspection"). The amendments are intended to modernize recordkeeping obligations.
Significant Reforms To Turkish Industrial Property Laws 
Moroğlu Arseven

Comprehensive changes have been introduced to Turkey's Intellectual and Industrial Property regime.
Port Authority Of New York And New Jersey To Settle SEC Disclosure Law Violations 
Holland & Knight

The U.S. Securities and Exchange Commission (SEC) announced on Jan. 10, 2017, that the Port Authority of New York and New Jersey (Port Authority) agreed to admit wrongdoing...
2016 Year In Review: Securities Litigation And Regulation 
Cadwalader, Wickersham & Taft LLP

2016 was an active year in securities litigation. In the first half of 2016 alone, plaintiffs filed 119 new federal class action securities cases.
How The Trump Tax Plan Will Impact The Real Estate & Construction Industries 
Baker Newman Noyes

Last month, we published a Tax Advisory explaining Donald Trump's tax plan. The purpose of this article is to highlight a few of its provisions that seem likely to impact the real estate...
SEC OCIE Sets 2017 Examination Priorities 
Cadwalader, Wickersham & Taft LLP

Compliance Inspections and Examinations ("OCIE") set forth priorities based on current issues that "present potentially heightened risk to investors and/or the integrity of the U.S. capital markets."
Kyiv Tax Newsletter (Ukrainian)- Jnauary 2017  
Dentons

21 грудня 2016 року Верховна Рада прийняла Закон «Про державний бюджет України на 2017 рік» № 1801-VIII
ADR Primer: Ways To Settle Divorce - Cheaper, Faster, Better 
The Ross Firm

Media influence tends to stick. It has amazing tenacity for leaving its mark on everyday lives. Take divorce, for instance.
When Is A Person Mentally Capable Of Entering A Contract?  
DQ Advocates

There is currently, and rightly, much focus on mental health problems and illnesses such as Alzheimer's disease and other cognitive disorders.
The Right To Disconnect – What Are Your Obligations? 
Mason Hayes & Curran

January 1, 2017 saw the introduction of a new law in France which permits employees, in organisations of more than 50 people, to ignore emails after working hours.
Employment Update: 2016 – The Year In Review 
Mason Hayes & Curran

2016 was an interesting year for Irish employment law. We look at the significant efficiencies achieved by the Workplace Relations Commission during its first full year in operation.
Canadian And U.S. Tax Laws: A Review Of 2016 And A Look Ahead To 2017 
Davies Ward Phillips & Vineberg

The year 2016 was eventful from a Canadian tax perspective, with the current Liberal government introducing its first federal budget and important judicial developments...
State Utility Commission Lacks Rate-Setting Authority Over Retail Electric Supplier 
Holland & Knight

The Illinois Supreme Court decided recently that the Illinois Commerce Commission ("ICC"), which regulates public utilities and licenses alternative retail electric suppliers (known in IL as "ARES")...
Nigeria's Airport Repair Puts Airlines At Risk Of Revenue Cut  
Songhai Advisory LLP

Nigeria's second busiest airport Nnamdi Azikiwe International Airport will be closed for six weeks next month for repairs, putting airlines at risk of a revenue cut.
Córdoba Innovates And Undertakes 
Clarke, Modet & Co

The province of Córdoba, Argentina staged the establishment of the Agencia Córdoba Innovar y Emprender (Córdoba Innovate and Undertake Agency) a few days ago.
A Question Of Quality: How To Improve SEC Disclosure 
Morrison & Foerster LLP

SEC disclosure requirements have prompted debate among key stakeholders regarding how to strike the right balance, weighing investor protection concerns and regulatory burdens.
Family Feud: The Court's Wind Up And Buyout Jurisdiction Under The CNCA In Lash V Lash Point Association Corp 
Borden Ladner Gervais LLP

In Lash v Lash Point Association Corp, the Ontario Superior Court of Justice used its broad remedial authority under the CNCA to craft a buyout remedy for certain members of LPAC...
Strategic Use Of The Divisive Merger In Texas 
Strasburger & Price, L.L.P.

The Texas Business Organizations Code offers a unique option to divide the assets of a Texas company called a divisional or divisive merger...
Governor Cuomo Signs Executive Orders To Close The Wage Gap As Part Of "New York Promise" Agenda 
Ogletree, Deakins, Nash, Smoak & Stewart

There is no doubt that pay equity and pay data have both been a major focus of the federal government enforcement agenda during the Obama administration.
The Ball Dropped On New Year's Eve For Some ACA Section 1557 Nondiscrimination Rules 
Ogletree, Deakins, Nash, Smoak & Stewart

Some employers may want to reconsider their approach to gender transition benefits after a federal court enjoined the U.S. Department of Health and Human Services (HHS) from enforcing...
Uncertain Seas: European Financial & Regulatory Developments Into 2017 
Morrison & Foerster LLP

On 23 June 2016, the UK voted in referendum to leave the EU. This outcome was generally a surprise to the financial markets and gave rise to immediate market volatility...
Michael Jordan Wins The Trademark Disputes Over His Chinese Name 
CCPIT Patent & Trademark Law Office

On December 8, 2016, the Supreme People's Court of China (the "Supreme Court") ruled on the disputes between the retrial petitioner (the plaintiff in the first instance)...

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