Mondaq Latest Added Articles

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California Dreaming: your data would be safe and secure, if it was in LA 
Clayton Utz

California's regime for cyber security, privacy and data protection has some useful lessons for Australia.
Fact or fiction - will the notifiable data breach requirements apply to State and Local Governments? 
Clayton Utz

State and Local Government entities should plan for the potential application of new obligations under the Privacy Act.
Update: Start date for Project Bank Accounts (PBAs) in Queensland 
McCullough Robertson

The Queensland Government has announced that Project Bank Accounts will apply to certain projects from 1 March 2018.
What questions are directors asking about the new safe harbour laws? 
McCullough Robertson

The majority of queries from directors related to the obligations to pay employee entitlements and lodge tax documents.
Proposed amendments to Australian Consumer Law are set to make class actions easier 
Corrs Chambers Westgarth

The exposure draft has a proposal to enable private litigants to rely on facts admitted in ACCC enforcement proceedings.
The right to be wrong – the ability to review Adjudicator determinations 
McCullough Robertson

This High Court case confirmed the long-held understanding that mere errors of law do not give rise to a right of review.
Five important lessons from media reaction to data breach notifications 
Corrs Chambers Westgarth

There are data breach responses from some organisations which have been torn apart, word by word, by the media.
Absence of work-wages bargain crucial for Fair Work Commission to conclude that an Uber driver was not an employee 
Norton Rose Fulbright Australia

The case increases tensions between the gig economy and traditional indicia used to determine an employment relationship.
Back to Basics – Australian Trade Mark Law 101 
Norton Rose Fulbright Australia

The chapter is an introduction to Australian trade mark law and provides insights into key 2017 trade mark law cases.
Cyber safety and restraining orders 
HHG Legal Group

A recent Australian study found that 1 in 5 people have been the victim of electronic image-based abuse.
H&M called out on social media for lifting Harvey Sutherland song without permission 
Coleman Greig Lawyers

Lifting a song and claiming it is an 'original work' on social media can be significantly detrimental in Australian law.
Pass the parcel – Battle of the standard-form contract 
ClarkeKann Lawyers

Agreements change over time, and parties often end up operating on 'unspoken' terms, which are easily open to dispute.
MLPs in Victoria: New guidance provides the private sector with greater certainty 
Corrs Chambers Westgarth

The Victorian Government published a revised Guideline on the process for market-led proposals for infrastructure needs.
Key cases that transformed the legal landscape in 2017 - and how they will impact your business 
Holding Redlich

This article summarises our selection of the most relevant cases from 2017 and the key takeaways for business for 2018.
QWIK QITC Series – Getting certainty of terms, requirements and specifications for ICT projects 
Holding Redlich

This edition considers how Government requirements and specifications are dealt with in key QITC contract documents.
Fitch Ratings Affirms Malta's Credit Rating At A+ 
Finance Malta

Credit Rating Agency, Fitch Ratings, affirmed Malta's credit rating at A+ with a stable outlook. This was partly based on Malta's high national income per head, robust economic growth, and large net external creditor position.
Strict Action Against Defaulting Miners In Odisha 
S.S. Rana & Co. Advocates

A commendably detailed account of the malpractices and serious violations by the miners in Odisha was made by the Hon'ble Supreme Court of India in the case of Common Cause v. Union of India and Ors.
Post-Brexit ‘Three-Way Strategy' For The Gibraltar Insurance Sector Explained 

The European Commission last week published a notice to stakeholders on the UK's (and consequently Gibraltar's) withdrawal from the EU and EU rules in the field of insurance and reinsurance.
DDTC And BIS Solicit Comments Regarding Controls Over Explosives, Personal Protective Equipment, And Military And Intelligence Electronics 
Akin Gump Strauss Hauer & Feld LLP

DDTC and BIS have published concurrent NOIs (available here and here, respectively) requesting public comments on the controls over the export and reexport of explosives, personal protective equipment ...
From TPP To CPTPP: Suspensions To IP Provisions 
Gowling WLG

The negotiations thus far contemplate significant changes to intellectual property chapter of the original TPP.
President's FY 2019 Budget Would Give TTB Criminal Authority Over Alcohol 
McDermott Will & Emery

Earlier this week the Trump Administration presented its Fiscal Year 2019 Budget Proposal.
Chairman Of The CFTC Advocates For "Do No Harm" Approach To Blockchain Technology 
Gowling WLG

Supporters and detractors of virtual currencies will watch with great interest what approach Congress ultimately adopts with respect to blockchain technology in the years to come.
The Liberal Government Plans To Change Canada's Environmental Legislation 
Borden Ladner Gervais LLP

On February 8, 2018, Catherine McKenna, Minister of Environment and Climate Change tabled Bill C-69 (the "Bill"), An Act to enact the Impact Assessment Act ...
Can Frustration Really Help You To Avoid Contractual Obligations Without Paying A Penalty? 
Gowling WLG

The frustrating event must occur after the contract has been concluded and be beyond what was contemplated by the parties at the outset.
The Role Of The Data Protection Officer 

The Article 29 Working Party (WP29) adopted guidance on the role of the Data Protection Officer (DPO) under the new General Data Protection Regulation (GDPR) last April 2017. In Ireland, the Office of the Data Protection Commissioner has recently issued (dated 14/08/17) their guidance on the appropriate qualifications for the DPO role.
Data Protection Bill 2018 

The highly anticipated text of the Irish Data Protection Bill 2018 has been published.
Compliance Officers See Growing Risk In International Sanctions 

One of the biggest problems compliance professionals face is keeping abreast of new regulations. It has featured as a top priority every year ...
Patented Love: Our Selection Of Innovations For The Romantic At Heart 
Aird & Berlis LLP

With Valentine's Day upon us, one would rightly suspect that there is already an abundance of patents and patent applications related to online dating software.
Charitable Donations: Personally Or Through A Corporation? 
Crowe Soberman LLP

For individuals, eligible donations made provide a non-refundable tax credit, reducing any personal income taxes owing.
Allbright Law Office

本案是申请人大韩海运株式会社(Korea Line Corporation,以下简称"大韩海运")与被申请人海航集团有限公司(以下简称"海航集团")间就在我国承认与执行一&#
The Effects Of Cannabis Legalization On The Workplace 

According to data from other jurisdictions that have already adopted similar legislation, the legalization of cannabis could lead to an increase in the consumption of cannabis because of the decrease in the stigma associated with it.
Different Types Of Arbitral Awards Under Chinese Law (Part I) 
Allbright Law Office

The application for setting aside, recognition, and enforcement of different types of arbitral awards is governed by different legal provisions under Chinese law.
Grants Awarded To Renewable Energy Sources By Agriculture And Rural Development Support Institution ("ARDSI") 
Ozogul Yenigun & Partners

The renewable energy sector is moving fast, new technologies are developed and existing technologies are now more cost effective.
Federal Circuit Patent Updates - February 2018 

O'Malley, J. Affirming in part, vacating in part, and remanding PTAB obviousness determinations in an IPR.
Distressed Condominium Act: Mitigating The Legislative Risks 
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

The Distressed Condominium Relief Act ("DCRA") is currently set to expire on July 1, 2018. More specifically, effective July 1, 2018, acquirers of distressed condominium units will no longer be eligible ...
Don't Bother Asking: Supreme Court Of Canada Raises The Bar For Mandatory Injunctions In R. v. Canadian Broadcasting Corporation (CBC) 
McInnes Cooper

It remains to be seen just how, and even if, a mandatory injunction could be ordered outside of an application for a judgment.
Tax Incentives For International Financial Services Centre 
S.S. Rana & Co. Advocates

Since then, various measures including tax incentives have been provided in furtherance of this objective.
Does Arbitration Deliver? 
Alexander Holburn Beaudin + Lang LLP

Construction disputes are frequently complex and technical in nature. Resolving such disputes in the justice system can leave all sides frustrated ...
Does Establishment Of Utility Model Make Sense? 
S.S. Rana & Co. Advocates

Utility model provides a relatively short-term right (6 to 10 years) without renewal or extension possibility, granted for inventions/ innovations that may not qualify the stringent criteria of patentability.
Pennsylvania Requires Income Tax Withholding On PA Source Lease Payments And Nonemployee Compensation Paid To Nonresidents 
Archer & Greiner P.C.

Beginning January 1, 2018, any person that makes annual payments of compensation or business income to a nonresident individual or a disregarded entity owned by a nonresident ...
CFIUS Scrutiny Of Foreign Acquisitions Intensifies 
Arnold & Porter

The environment for foreign investment in the United States is shifting. Most recently, a bid by Chinese-owned Ant Financial to acquire MoneyGram International Inc., a U.S. money transfer company, was derailed early this year...
US Board Of Governors Of The Federal Reserve System Issues Cease-And-Desist Order Against Large US Financial Institution 
Shearman & Sterling LLP

On February 1, 2018, the OCC and the U.S. Board of Governors of the Federal Reserve System released the 2018 scenarios for the Dodd-Frank Act Stress Test (DFAST) ...
Bitcoin In India And Its Legality 
S.S. Rana & Co. Advocates

During the Budget speech, 2018 the Government announced that it would take all measures to eliminate use of these crypto-assets in financing illegitimate activities or as part of the payment system.
US Federal Financial Regulators Propose Amendments To Swap Margin Rule 
Shearman & Sterling LLP

On February 5, 2018, the U.S. Office of the Comptroller of the Currency, the U.S. Board of Governors of the Federal Reserve System, the U.S. Federal Deposit Insurance Corporation, the U.S. Farm Credit Administration ...
Final Draft EU Standards On Cooperation Of National Regulators And The European Securities And Markets Authority With Other EU Authorities Under Market Abuse Regulation 
Shearman & Sterling LLP

On February 6, 2018, the European Securities and Markets Authority published a final report and final draft Implementing Technical Standards on forms and procedures for cooperation of National Regulators ...
For My Eyes Only: Counsel's And Expert's Eyes Only Protective Order 
Norton Rose Fulbright Canada LLP

The Federal Court is willing to grant a restrictive protective order to protect commercially sensitive information disclosed during litigation if justified by unusual circumstances.
Financial Regulatory Developments Focus - February 14, 2018 
Shearman & Sterling LLP

On February 6, 2018, the European Securities and Markets Authority published a final report and final draft Implementing Technical Standards on forms and procedures for cooperation of National Regulators ...
Fitbit To Acquire Twine Health 
Day Pitney LLP

Consumer wearables manufacturer Fitbit announced on February 13 that it is acquiring Twine Health, a "health activation platform" used by employers to manage their workforces' health at the population level.
Stretched Resources: Immigration And Gender Pay Equity 

Two stories in the UK headlines today relate to stretched resources: The Home Office preparing its immigration system for life after Brexit...
European Union Intellectual Property Rights: Brexit Implications 
Travers Smith LLP

The European Commission has recently issued a communication setting out the effect that Brexit will have on European Union intellectual property rights.
Legislation Introduced To Replace The NEB And Project Review Process 
Aird & Berlis LLP

On February 8, 2018, the federal government released Bill C-69 titled "An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act ...
Petrobras Court's Denial Of Plaintiffs' Request For Confidential Treatment Of Opt-Out Provisions Could Undermine The Settlement Process 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

On Tuesday, February 6, 2018, United States District Judge Jed S. Rakoff denied class counsel's request to file under seal three supplemental agreements ...
Court Of Chancery Issues Important Decision On Implied Covenant Breach Claims 
Cadwalader, Wickersham & Taft LLP

The Delaware Court of Chancery granted defendants' motion to dismiss an action brought by minority unitholders of Trumpet Search, LLC ("Trumpet").
FTC Submits FY 2019 Budget Request 
Cadwalader, Wickersham & Taft LLP

The Federal Trade Commission ("FTC") requested a fiscal year 2019 budget of $306.3 million. This request is approximately the same as the agency's FY 2018 request.
New Fed Chair Vows Vigilance In Preserving Financial Stability 
Cadwalader, Wickersham & Taft LLP

Chair of the Board of Governors of the Federal Reserve System ("FRB") Jerome H. Powell pledged to preserve the "essential" financial regulatory gains made ...
Is The New Employer Tax Credit For You? 
Ford & Harrison LLP

Under the Internal Revenue Code of 1986, as amended (the "Code"), businesses are entitled to a general business credit which is made up of several component credits, including the Work Opportunity Credit ...
CFTC Commissioner Highlights Market Risk Advisory Committee Priorities 
Cadwalader, Wickersham & Taft LLP

CFTC Commissioner Rostin Behnam provided his perspective on 2018 priorities for the Market Risk Advisory Committee ("MRAC").
SEC Seeks Expanded Budget For FY 2019 
Cadwalader, Wickersham & Taft LLP

The SEC requested a $1.658 billion budget for FY 2019. The request represents a 3.5 percent increase over the budget request for FY 2018.
The Latest: Walker Process Claims Don't Belong In The Federal Circuit 
McDermott Will & Emery

The Federal Circuit held Walker Process Claims without a "substantial" patent issue can be heard outside the Federal Circuit based on the US Supreme Court decision in Gunn v. Minton.
CFTC Budget Request Includes Derivatives User Fees 
Cadwalader, Wickersham & Taft LLP

The CFTC requested a budget of $281.5 million for fiscal year 2019. This is the same amount requested in FY 2018 and a $31.5 million increase over the request in FY 2017.
UK Ready To Ratify UPC Agreement - But Will It Do So? 

On 8 February the Privy Council formally approved the Unified Patent Court (Immunities and Privileges) Order 2018.
SEC Enforcement Division Launches Share Class Selection Disclosure Initiative 
Cadwalader, Wickersham & Taft LLP

The SEC Division of Enforcement announced an initiative aimed at incentivizing firms to self-report violations of the federal securities laws relating to certain mutual fund ...
Canadian Patent Litigation: Five Things To Watch In 2018 
McCarthy Tétrault LLP

2017 was a significant year for Canadian patent law — one marked by the Supreme Court abolishing the so-called ‘Promise Doctrine' of utility, as well as several other significant changes.
Preparing For Adjudication? How To Govern Yourself Accordingly 
WeirFoulds LLP

The Construction Act is on its way to Ontario, and with it comes the advent of adjudication.
Understanding The Implications Of Federal Remote Prescribing Laws On Telemedicine's Role In Behavioral Health Treatment 
McDermott Will & Emery

The opioid epidemic is making the United States acutely aware of the horrors of substance abuse disorders and the limited means of treating the individuals suffering from addiction.
Take Advantage Of AMT Opportunities, Farmers! 
Collins Barrow National Incorporated

Most people in the farm industry know they can sell qualifying farm property as a sole proprietor or partnership and use their lifetime capital gains exemption to avoid paying tax on the sale.
Lawyers Not To Blame For Spiralling Cost Of Negligence Claims 
Wright Hassall LLP

On Monday 5 February, Clare Foges, one of the regular feature writers for the Times wrote an excoriating piece on the compensation culture in response to a call from NHS leaders to the Justice Secretary ...
The Impact Of Dispute Funding On Security For Costs Applications 
Clyde & Co

A recent decision of the Commercial Court has highlighted the (potential) added complexity of the involvement of a third party funder in applications for security for costs.
The ELD Mandate: Feeding The Reptile With Voluminous Electronic Data 
Drew Eckl & Farnham, LLP

Five years ago, Congress passed the Commercial Motor Vehicle Safety Enhancement Act of 2012, which ordered the Secretary of Transportation to regulate commercial motor vehicles ...
US Department Of State Releases March 2018 Visa Bulletin 
Morgan Lewis

The US Department of State has released its March 2018 Visa Bulletin setting out per-country priority date cutoffs that regulate immigrant visa availability and the flow of status adjustments ...
2018 Merger Review Thresholds For Competition Act And Investment Canada Act 
Norton Rose Fulbright Canada LLP

The threshold for certain pre-closing net benefit reviews under the Investment Canada Act (ICA) and the threshold for a pre-closing merger notification under the Competition Act have been increased for 2018.
CDC Issues New Guidelines For Opioid Prescriptions 
Drew Eckl & Farnham, LLP

The opioid crisis in America is frequently in the news and should be. Opioids have caused an enormous cost increase for workers' compensation employers and insurers.
An Attempt To Break-Even: A Review Of O.C.G.A. § 34-9-11.1, An Employer/Insurer's Subrogation Rights, And The Ability To Recover For Benefits Paid To An Injured Employee 
Drew Eckl & Farnham, LLP

Following an injury arising out of and in the course of employment, Georgia's workers' compensation laws require an employer/insurer to pay workers' compensation benefits ...
Thai Authority's Rejection Of Abuse Of Dominance Complaint Upheld 
Baker & McKenzie

Thailand's Supreme Administrative Court has upheld a decision by the Office of Trade and Competition Commission (OTCC) to reject a complaint by several Thai health advocacy organizations ...
Singapore Consults On Changes To Competition Act; Imposes Its Largest Cartel Penalty To Date 
Baker & McKenzie

On 21 December 2017, the Singapore Competition Commission (CCS) published a consultation on proposed changes to the Competition Act.
CSA Reconsiders Disclosure Policy For Marijuana Companies 
Osler, Hoskin & Harcourt LLP

On February 8, 2018, the Canadian Securities Administrators (the CSA) released a revised "CSA Staff Notice 51-352 Issuers with U.S. Marijuana-Related Activities."
Philippines Sets Merger Filing Timelines 
Baker & McKenzie

The Philippine Competition Commission (PCC) has issued rules setting out its timelines for handling merger filings.
Malaysia's First Decision On Abuse Of Dominance Upheld 
Baker & McKenzie

The Malaysian Competition Appeal Tribunal has upheld the first (and so far only) abuse of dominance decision by the Malaysian Competition Commission (MyCC) since the competition law came into effect in 2012.
Japan's Supreme Court Rules That Competition Law Can Apply To Price-Fixing Of Products Supplied To Customers Outside Japan 
Baker & McKenzie

On 12 December 2017, Japan's Supreme Court ruled that the Japan Antimonopoly Act prohibits price-fixing of products supplied outside Japan to overseas subsidiaries of Japanese companies.
Hong Kong (Inadvertently?) Deters Consortium Bidding; Consults On First Individual Exemption Application 
Baker & McKenzie

The Hong Kong Competition Commission (HKCC) has issued a recommendation that organizations inviting bids for contracts prohibit bidders from communicating with any other person prior to making a bid.
Introduction To The Builders' Lien Holdback 
McLennan Ross LLP

Many of us have heard of a construction holdback, and may have even experienced the standard 10% deduction from outstanding accounts in relation to the holdback.
China Continues To Impose Behavioral Remedies In Merger Cases 
Baker & McKenzie

China's Ministry of Commerce (MOFCOM) conditionally cleared seven cases in 2017 (five in the fourth quarter), of which six involved behavioral remedies.
Australia Strengthens Its Competition Law 
Baker & McKenzie

New rules took effect on 6 November 2017, which significantly strengthen Australian competition law.
Sexual Harassment Guidelines—Wonder Woman Gets It! 
FisherBroyles LLP

Wait, what? What does Wonder Woman have to do with employment law?
The Hostess With The Mostest? Not Exactly. 
FisherBroyles LLP

Last Friday, on September 29, the EEOC filed a lawsuit against a restaurant in Virginia alleging that the restaurant violated federal law by subjecting an 18-year-old female employee to a sexually hostile work environment.
Every Kiss Begins With "Cut It Out!" 
FisherBroyles LLP

Hot on the heels of allegations about the workplace culture of sexual harassment at Uber came the release of nine years' worth of documents in a private class-action arbitration against another industry giant.
Major Re-Interpretation Of Swiss Competition Law: Price-Fixing, Quantity-Limiting And Market-Allocating Agreements Are Per Se Illegal Regardless Of Effect And May Lead To Direct Sanctions 
Niederer Kraft & Frey

On 21 April 2017, after almost 10 months, the Swiss Federal Supreme Court published reasons for its judgment of 28 June 2016 in the matter of Colgate-Palmolive Europa Sàrl ...
Oh Harvey! We'll Need A Memo To The File 
FisherBroyles LLP

Until last Thursday, the name Harvey Weinstein evoked popular culture of the 1990's and 2000's. Weinstein is the producer who gave us beautiful, lyrical films like The English Patient and Chocolat.
劳动法最前线——从公司人事的角度看劳动法动向第 171 回 公司与超龄务工人员 
Broad & Bright

现实中,不少用人单位(特别是制造型企业)存在这样的劳动者——已达到或超过法定 退休年龄。员工达到退休年龄之后仍继续从事劳动的,其与&
What Should New USPTO Director Andrei Iancu Do First? Womble Bond Dickinson's Farzad Amini Offers Insights At IP Watchdog 
Womble Bond Dickinson

LOS ANGELES—The US Patent and Trademark Office has a new Director in Andrei Iancu, and there is plenty of work on Director Iancu's plate.
Dechert Survey: Developments In Securities Fraud Class Actions Against U.S. Life Sciences Companies 
Dechert LLP

2017 was a record year for class action securities litigation, and life sciences companies continued to be popular targets of such lawsuits.
Making Wells Fargo A Major UK Market Player Through Europe's Largest-Ever Loan Trade 
Dechert LLP

Wells Fargo & Company, the largest commercial real estate lender in the United States, began to eye the property market in the United Kingdom.
UK Financial Conduct Authority Decision to Ban Ex-Libor Trader Hayes Delayed Pending Criminal Review 
Shearman & Sterling LLP

On November 8, 2017, the Financial Conduct Authority announced that it has decided to prohibit former trader Tom Hayes from performing any function relating to any regulated activity in the financial services industry.
Bank Of England Consults On Procedures For Decision Making In Contested Enforcement Cases 
Shearman & Sterling LLP

On November 10, 2017, following positive feedback to its consultation in 2016 on the establishment of an Enforcement Decision Making Committee ...
SEC Proposes Modernization And Simplification Of Disclosure 
Shearman & Sterling LLP

On 11 October 2017, the U.S. Securities and Exchange Commission (SEC) proposed certain amendments to Regulation S-K to simplify and streamline disclosures made by public ...
SFC Issues Reminder On Cryptocurrency-Related Products And Derivatives 
Shearman & Sterling LLP

On 11 December 2017, the Securities and Futures Commission of Hong Kong (SFC) issued a circular, which reminds financial service providers of the legal and regulatory requirements associated with Bitcoin ...
Governance & Securities Law Focus: Asia Edition – February 2018 
Shearman & Sterling LLP

On 11 December 2017, the Securities and Futures Commission of Hong Kong (SFC) issued a circular, which reminds financial service providers of the legal and regulatory requirements associated with Bitcoin ...
WilmerHale Assists South Pacific International Arbitration Conference Organized by the ADB, UNCITRAL and the Fiji Government 

Gary Born, Chair of the International Arbitration practice group at Wilmer Cutler Pickering Hale and Dorr LLP, Senior Associate Jonathan Lim and Visiting Foreign Lawyer Ana Tuiketei contributed to a regional international arbitration conference jointly organized by the Asian Development Bank (ADB), the United Nations Commission for International Trade Law (UNCITRAL) Regional Centre for Asia and the Pacific, and the Fiji Government.
What Makes a Super Lawyer?  
Lincoln Derr PLLC

Sara details personal litigation and trial experiences, where she had to stand tall and show true "woman power." Throughout her professional career, she has continuously made courageous decisions – this is particularly noted in her launch of and belief in the success of her women-owned and managed legal practice: Lincoln Derr.
Business Divorce Part III: A Divorce Without Litigation 
Lincoln Derr PLLC

Business litigation takes a significant amount of time and money. In most instances, litigating a business divorce through a verdict at trial runs counter to a business's profitability goals. However, there are notable exceptions in which a business will benefit from litigation during a business divorce.

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