Mondaq Most Recent Articles-Monday, May 28, 2018

Dealing with deceased estates - Executor duties Focus Legal Most people are unaware of the complexities and time needed to administer a deceased estate and could find it a burden.	Batman or joker? The critical role of technology in fuelling change, improving customer experience, and enabling misconduct Norton Rose Fulbright Australia The ACCC has launched an inquiry into the impact of digital platforms on competition in media and advertising markets.
Adverse action and the direction to attend medical assessments McCullough Robertson Employers should ensure that any direction to attend an IMA is reasonable and lawful having regard to the circumstances.	Ipso facto clauses in contracts – There is change on the way Coleman Greig Lawyers This important change from a raft of recent insolvency reforms concerns enforcement of 'ipso facto' clauses in contracts.
The A to Z of Insolvency and Restructuring Corrs Chambers Westgarth The A to Z of Insolvency and Restructuring is a handy downloadable index of the difficult terms you need to understand.	Significant law reforms proposed for Queensland system of local government McCullough Robertson The proposed reforms in these two Bills aim to introduce a new governance framework for Queensland local government.
Economista Richard Martínez nuevo Ministro de Economía y Finanzas Expertise Advisor Abogados El presidente de la República Lenin Moreno Garcés, mediante Decreto Ejecutivo No. 392, de 15 de mayo de 2018 designó al Economista Richard Martínez Alvarado como ministro de Economía y Finanzas.	Nuevas disposiciones laborales aplicables al sector turístico de Galápagos Expertise Advisor Abogados El Ministerio de Trabajo expidió el Acuerdo Ministerial número MDT-2018-0082, para regular el régimen de trabajo del sector turístico de Galápagos que opera bajo la modalidad de cruceros navegables, ...
Significant Medical Malpractice (Birth Injury) Ruling Gluckstein Personal Injury Lawyers The law is constantly evolving. As legal advocates and representatives who bring actions to court, Gluckstein Lawyers often has a front-row view of interesting and significant decisions that help...	Ecuador, busca inversionistas para sus proyectos petroleros Expertise Advisor Abogados Luego de cerca de una década en la que Ecuador cambió la forma de invitar a inversores para sus proyectos de exploración, explotación y refinamiento de petróleo, prefiriendo relaciones con empresas ...
Armstrong v. Royal Victoria Hospital, 2018 ONSC 2439 Gluckstein Personal Injury Lawyers Charles E. Gluckstein of Gluckstein Personal Injury Lawyers and Ryan Breedon successfully represented the Plaintiff in a medical malpractice case. The Plaintiff suffered a thermal injury...	Tax Abuse And Insolvency Ferguson Litigation Funding Ltd On 11 April 2018 the government published a discussion paper in which it seeks views on how to tackle tax payers who seek to avoid or evade their tax liabilities through the misuse...
London Can Benefit From The Certainty Of Guernsey's Position Outside The EU - Guernsey Funds Forum GuernseyFinance Guernsey's stability and security means it is well-placed to help fund managers overcome Brexit uncertainty over the next couple of years, an expert panel agreed at the annual Guernsey Funds Forum in London.	Growing Guernsey's Global Reach GuernseyFinance Dr Andy Sloan, Acting Director of Strategy at Guernsey Finance, writes for Funds Europe magazine's 'Association Column' on Guernsey's global distribution capabilities.
The City Should Survive Brexit GuernseyFinance In the first of a series of blogs from this year's Guernsey Funds Forum, James Falla reports on the Brexit views of Financial Times City Editor Jonathan Ford (pictured), our keynote speaker on the day.	Mutual Recognition Is The Name Of The Game GuernseyFinance Guernsey Finance Chief Executive Dominic Wheatley told the Guernsey Funds Forum event in London that a new report on a model for financial services regulation post-Brexit is good news for the island.
Patent Commercialisation Via Licensing Khurana and Khurana Intellectual Property refers to creations of the mind such as inventions, expressions in the form of literary and artistic works, symbols, names and images, etc used in commerce.	The Need Of IP Audit In Successful Management Of IPR Khurana and Khurana An organization needs to substantially maintain its Intellectual Properties such as maintaining a record of IP filings, prosecution, and maintenance and protection of such IP by taking affirmative...
The Week In Weed: May 25, 2018 Seyfarth Shaw LLP Welcome back to The Week in Weed, your Friday look at what's happening in the world of legalized marijuana	Tribunal Regional Federal autoriza CVM a exigir divulgação de salários de executivos Veirano e Advogados Associados A CVM divulgou em 23.05.2018 que o TRF2, dando provimento a recurso da CVM, reformou decisão de primeira instância que impedia a autarquia de exigir a divulgação dos salários mínimo, máximo e médio dos executivos...
Milbank Secures Victory For JD Holdings In $1.2B Chapter 11 Bankruptcy Proceedings Of John Q. Hammons Hotels And Resorts Milbank, Tweed, Hadley & McCloy LLP Milbank, Tweed, Hadley & McCloy LLP recently secured confirmation of its client JD Holdings' creditor-proposed chapter 11 bankruptcy plan of reorganization for over 70 debtors affiliated...	Fassbender v. Correct Care Sols., LLC, No. 17-3054, 2018 U.S. App. LEXIS 12556 (10th Cir. 2018) Lewis Brisbois Bisgaard & Smith LLP The Tenth Circuit reminded employers last week that termination reasons should be legitimate, nondiscriminatory, easily explainable, and unchanging.
Those Frugal Yankees Frankfurt Kurnit Klein & Selz As reported in Law360, L.L.Bean has filed a motion to dismiss a purported class action alleging that the famous Maine sporting goods seller breached its "100% satisfaction guarantee"...	2018 Mid-Year Non-Compete Update Lewis Brisbois Bisgaard & Smith LLP More and more states are amending their non-compete statutes to make them more employee-friendly.
TPS Reregistration Period Is Now Open For Nepali TPS Beneficiaries Ogletree, Deakins, Nash, Smoak & Stewart USCIS has announced that nationals of Nepal who wish to extend their TPS through the June 24, 2019, termination date must reregister during the registration period running from May 22, 2018, through July 23, 2018.	10 Answers To FAQs Regarding The Illinois Day And Temporary Labor Services Act Ogletree, Deakins, Nash, Smoak & Stewart Several amendments to the Illinois Day and Temporary Labor Services Act will become effective June 1, 2018.
EU Cuts Greenhouse Gas Emissions By 40 Percent By 2030 Dentons On October 23, 2014, EU leaders decided to reduce greenhouse gas emissions by at least 40 percent by 2030 and increase energy efficiency and renewables by at least 27 percent.	Get Ready: New Occupational Health And Safety Legislation Will Soon Be In Effect In Alberta Miller Thomson LLP Following closely on the heels of its changes to the Labour Relations Code and the Employment Standards Code, Alberta has passed new occupational health and safety legislation.
Modernizing The Divorce Act: Major Changes Announced Alexander Holburn Beaudin + Lang LLP Notable changes are expected to be coming to the federal Divorce Act in the form of Bill C-78, which was introduced in the House of Commons on May 22, 2018.	OFAC Issues General License 15 Expanding And Extending Authorized Activities With GAZ Group Until October 23, 2018 Akin Gump Strauss Hauer & Feld LLP On May 22, 2018, the U.S. Department of the Treasury's Office of Foreign Assets Control issued General License 15 authorizing U.S. persons to engage in specified transactions related to maintenance...
Eyes Wide Shut: The Best Defence Is A Good Offence McCague Borlack LLP With the increasing interconnectivity of businesses to date, information is now exposed to a broad number of threats.	A Fair Approach To Taxing The Digital Economy Alliott Group (International) Nine of the world's Top 20 companies are digital businesses. Old (tax) rules don't fit their business models.
Risk Management And Cannabis In Ontario - What Is Going To Be Legalized And When? McCague Borlack LLP The Federal Government of Canada has yet to set a date for the legalization of recreational cannabis in Canada. Current forecasts estimate that it will be legalized in the summer of 2018...	Supreme Court Makes Execution Of Arbitral Awards Easy And Expedient Nishith Desai Associates In Cheran Properties Limited v. Kasturi and Sons Limited, the Supreme Court interpreted provisions regarding execution of awards under the Arbitration and Conciliation Act, 1996 vis-à-vis the power of fora ...
Minister Rivers, US Officials Talk about Tax Transparency Cayman Islands Government Cayman's global leadership in tax transparency was the focal topic during recent meetings between the Minister of Financial Services, the Hon. Tara Rivers; and high-ranking US lawmakers and regulators.	As Proxy Season Ends, Equilar Dives Into Pay-Ratio Data Cooley LLP With over 2,000 companies now having reported pay-ratio information for the 2018 proxy season (through May 10), consultant Equilar says it's time to take a deep dive into the data to see what trends are discernible.
Native Advertising: Here To Stay, And So Are Regulators Davis & Gilbert The native advertising trend is showing no signs of slowing down.	Privacy & Data: Emerging Trends >> Biometrics and Artificial Intelligence: The New Technological Frontier Davis & Gilbert In recent years, more companies have adopted the use of biometric data, such as facial recognition software and applications, in their internal business operations and to analyze...
New Irish Revenue Guidance On Section 110 Companies Maples and Calder The Irish Revenue published new technical guidance on 24 May 2018 relating to companies falling within the scope of section 110 of the Irish Taxes Consolidation Act 1997 (known as "section 110 companies").	Privacy & Data: Regulatory Updates >> Lawmakers React To New Technology Trends With Updates And Amendments Davis & Gilbert Federal and State Updates: In 2017, the Federal Trade Commission (FTC) continued to focus on data collection and information security practices, calling for more nuanced consent ...
SAG / JPC >>Are (More) Good Things On The Horizon For SAG-AFTRA Agencies And Advertisers? Davis & Gilbert Heading into the last round of collective bargaining that resulted in the 2016 SAG-AFTRA Commercials Contract, signatory advertising agencies and advertisers voiced concerns about the challenges they faced...	Trademark >> What's In A Name? Davis & Gilbert Selecting the title of a film, book or other creative content can be a daunting task.
Recreational Marijuana >>A Watershed Year For Recreational Marijuana Industry's Growth Davis & Gilbert In November 2016, four more states legalized recreational marijuana use, sparking the roll-out of state and local regulations as new recreational markets opened in 2017, marking a turning point for the industry.	Sports >> German Challenge Further Thaws Olympics "Rule 40" Advertising Restrictions Davis & Gilbert The International Olympic Committee's (IOC's) "Rule 40" has long restricted athletes from appearing in advertising for companies that are not official sponsors of the Olympics.
Patents >>Supreme Court Seeks To Curb The Worst Abuses Of The Patent System Davis & Gilbert Congress, commentators and a wide variety of industry leaders have long noted that the patent system was broken.	Virtual Reality >> As Augmented Reality Engagement Increases, Novel Legal Issues Arise Davis & Gilbert While both technologies still show great potential, the pace of evolution and rate of adoption of virtual reality (VR) and augmented reality (AR) ...
Canadian Government Blocks Chinese Foreign Investment Due To National Security Concerns Borden Ladner Gervais LLP On May 23, 2018, it was announced that the Canadian government has used the national security provisions of the ICA to block a proposed $1.5 billion takeover of Aecon Group Inc. by CCCC International Holding Ltd...	ASC Proposes Amendments To Facilitate Cross-Border Offerings Fasken The Alberta Securities Commission (ASC) has proposed replacing the current ASC Rule 72-501 with a new ASC Rule 72-501 (Proposed Rule).
Foreign Ownership Restrictions Eased In The Canadian Aviation Sector Clark Wilson LLP With the Transportation Modernization Act (Bill C-49) receiving Royal Assent on May 23, 2018, the longstanding restriction on foreign ownership in the Canadian aviation sector will be eased somewhat.	Pre-Sale Contracts Disclaimed In Receivership Of Real Estate Developer Clark Wilson LLP On April 4, 2018, the Supreme Court of British Columbia issued a decision in Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 527 [Forjay] ...
Update To Australian Export Controls For Tangibles Baker & McKenzie Australia's export control rules for tangibles have been amended to more closely align with the regime for intangible supplies.	Una nueva regulación en materia de promoción de inversiones Galante & Martins El pasado 22 de mayo fue aprobado por el Poder Ejecutivo un decreto reglamentario de la Ley No 16.906 llamada Ley de Inversiones – Promoción Industrial, la cual data del año 1998.
FDA: Cosmetics >>FDA Withdraws Anti-Aging Import Alert And Continues Oversight Over Cosmetics Claims Davis & Gilbert In late 2017, the U.S. Food and Drug Administration (FDA) officially withdrew Import Alert 66-38, "Skin Care Products Labeled as Anti-Aging Creams"...	Once Again, Implementation Of The Distance Education Rule Is Delayed – This Time To 2020 Cooley LLP Almost eight years after it first proposed the rule, the Department of Education announced today that it will delay the effective date of the state authorization for distance education rule from July 1, 2018, to July 1, 2020.
Influencer Marketing / Endorsement Guides >> Notice Period Is Over: Regulators Heighten Focus On Individual Influencers Davis & Gilbert Regulators and public watchdog groups intensified their focus on paid influencer marketing campaigns in 2017. Last spring, in the wake of petitions published by groups ...	Fashion & Beauty >> Photo Retouching: Changing Expectations For Fashion And Beauty Advertising Davis & Gilbert From smoothing skin to whittling waists, the practice of retouching beauty and fashion photographs has come under increased scrutiny, and 2017 was no exception.
FDA: Food & Dietary Supplements >> Regulatory And Class Action Claims Against "Healthy" And "Natural" Food And Dietary Supplement Products On The Rise Davis & Gilbert The U.S. Food and Drug Administration (FDA) and class action bar are continuing to pursue enforcement and litigation against food and dietary supplement manufacturers who make drug claims ...	NAD >> The NAD Takes On Health And Fitness Fads (And A Few Kardashians In The Process) Davis & Gilbert Every year brings with it a new set of health and fitness fads, and a new set of opportunistic marketers seeking to take advantage of consumers' never-ending desire to look and feel their best.
Mobile / Digital / Programmatic >> Privacy, Transparency And Quality Issues Drive Changes In Digital Marketing Davis & Gilbert Throughout 2018, publishers, marketers and agencies will continue to employ new technologies, products and services to address evolving consumer privacy, advertiser transparency and brand safety issues.	FTC: Regulatory & State >> FTC Enforcement Priorities In A New Administration Davis & Gilbert The changing of the guard for the federal government often signals changing priorities, especially where regulatory agencies are concerned.
Copyright >> Inline Links To Unlicensed Third-Party Content Now May Be Copyright Infringement Davis & Gilbert For years, copyright attorneys throughout the country have relied on a decision from a Federal appellate court in the 9th Circuit to advise clients that they may safely place on their websites...	Entertainment >> Talent Contracts In The Wake Of #MeToo And #TimesUp Davis & Gilbert No story rocked the entertainment industry in 2017 more than the stunning allegations of sexual assault against previously-powerful men.
Children's Advertising >> Developments In Connected Technology Create New COPPA Challenges Davis & Gilbert After a resoundingly quiet 2017, the Federal Trade Commission (FTC) started 2018 with a bang, announcing two back-to-back settlements with companies ...	New Arbitration Law Will Have Positive Impact On Both Domestic And International Business STA Law Firm The UAE has revealed the long-awaited new ‘Federal Arbitration Law' that will have a long way connecting the country's position as the most attractive hub for arbitration in the Middle East and North Africa region.
Blockchain Technology Poised To Disrupt Digital Advertising Davis & Gilbert Blockchain technology, the basis of cryptocurrencies such as Bitcoin, took off in 2017 across a wide array of industries, and is poised to make significant strides in digital advertising in 2018.	Legal Test For A Valid Board Of Director's Resolution Under Nigerian Law Fred-Young & Evans The Board of Directors ("the Board") is a group of individuals, elected by the shareholders or the Directors themselves with a mandate to establish policies for corporate governance ...
Quebec's Right To Self-Determination And Bill 99 – The Superior Court's Judgment Will Be Appealed Langlois lawyers, LLP An election is to be held in Quebec this October, and in 2019 there will be a Canadian federal election.	Apotex Request To Re-Open Validity Of Esomeprazole Patent Denied Norton Rose Fulbright Canada LLP The Federal Court dismissed Apotex's motion to re-open the validity phase of the patent infringement action relating to esomeprazole (AstraZeneca's NEXIUM®).
Two States Renew Leadership Role In Renewable Energy Troutman Sanders LLP Recently New Jersey and California took monumental steps to remain nationwide leaders in clean energy.	Standing Committee On Health Releases Report And Recommendations On National Pharmacare Norton Rose Fulbright Canada LLP On April 18, 2018 the Standing Committee on Health tabled its report on national pharmacare entitled Pharmacare Now: Prescription Medicine Coverage for All Canadians.
DOJ Addresses Duplicative Corporate Penalties In New Policy Against 'Piling On' BakerHostetler On May 9, 2018, the U.S. Department of Justice (DOJ) announced a new policy discouraging unnecessary "piling on" of enforcement actions and penalties for corporate wrongdoers.	CETA Tracker: Update On Section 6 Actions Under The Patented Medicines (Notice Of Compliance) Regulations Norton Rose Fulbright Canada LLP As we reported, Canada implemented a single-track pharmaceutical patent litigation regime through amendments to the Patented Medicines (Notice of Compliance) Regulations (the Regulations) on September 21, 2017.
Drafting And Negotiating Tenant Allowance Clauses Torkin Manes LLP In negotiating a commercial lease, the landlord may agree to provide the tenant with funds or credit known as a Tenant Allowance or Tenant Inducement, which may be compensation for all or a portion of the funds ...	Eleventh Circuit Affirms ADA Preemption Of Class Action Claims That Restrict Air Ambulance Operator's Prices Holland & Knight Airline Deregulation Act (ADA) preempts class action claims seeking to enforce Florida statute that limits an air ambulance operator's prices by prohibiting balance billing of unpaid invoices.
Data Breach Notification Obligations Coming Into Force Langlois lawyers, LLP On June 18, 2015, the Personal Information Protection and Electronic Documents Act ("PIPEDA") was amended to impose data breach reporting requirements.	Will Regulators Invalidate California Offsets? Dentons On May 29, 2014, the California ARB blocked the transfer of, and initiated an investigation into, offsets issued for ODS destruction projects that took place at the Clean Harbors Incineration Facility...
Can Flexible Working Improve The Gender Pay Gap? Dentons One of the biggest barriers to gender equality and pay parity is a continuing resistance by employers to embrace agile working.	Downward Pressure On Hurdle Rates In The Real Estate Sector TMF Group The traditional means of evaluating the feasibility of an investment could be playing second fiddle to investor's appetite for growth and expansion.
New York City Earned Safe And Sick Time Act Imposes Requirements That Must Be Implemented By June 4 BakerHostetler As we previously discussed in our earlier blog post, an amendment to the New York City Earned Sick Time Act went into effect on May 5.	Federal Efforts To Address Climate Change Outside The Power Sector Dentons Regulation of greenhouse gas (GHG) emissions from the power sector has been the main focus of federal climate efforts in the first half of 2014.
Leave It To California – Post FMLA/CFRA/PDL Leave And FEHA Seyfarth Shaw LLP When must an employer provide leave time in addition to FMLA/CFRA-type leave as a reasonable accommodation?	Canada Province's New Premier Speaks Out On Emissions Dentons In his first few weeks in office, Alberta's new Premier, Jim Prentice, a former Federal Minister of the Environment, has been speaking out on the province's approach to regulation of greenhouse gas emissions.
Nuevas Atribuciones UAFE: Reforzamiento De Debida Diligencia Paz Horowitz Es importante informar sobre la atribución que la Unidad de Análisis Financiero y Económico (UAFE) está ejerciendo al seguir acusaciones particulares a las personas (naturales y/o jurídicas) ...	New Law Prohibiting Harassment, Racism And Sexism In The Workplace Mandates Full Compliance By May 16, 2018 BDS Asesores On February 14, 2018, Law 7, which prohibits sexual harassment, mobbing (bullying), racism and discriminatory practices in all environments, including workplace and academia, took eﬀect.
High Court Endorses Approach To Evaluating Tenders Exceeding Permissible Word Limits Arthur Cox High Court endorses the Department for Public Expenditure and Reform's approach to evaluating tenders exceeding permissible word limits as "exceedingly fair" ...	The American Lawyer Lauds Dentons Climate Change Work Dentons The American Lawyer presented Dentons with its highest honor, the Global Citizenship Award - Grand Prize 2014 at its Global Legal Awards gala held on September 15, 2014 in New York City.
Examining The ICO's Enforcement Powers Under The GDPR And The DPB Mishcon de Reya Information law analysis: Jon Baines, data protection advisor at Mishcon de Reya, highlights the enforcement powers available to the Information Commissioner's Office (ICO) ...	Termination Of Employment Contracts By Employer's Decision BDS Asesores After any given person has been working in a company for a certain period, it may be possible that such employment relationship comes to an end for diﬀerent reasons, whether as a result of direct dismissal, ...
The Legalization Of Cannabis: 7 Reasons Why Employers Should Take Notice Stewart McKelvey Cannabis legalization is coming. The legislation is expected to pass by July with legalization becoming effective by September.	No Family Resemblance Here: Tiffin Overturned On Appeal - Investment Funds Bulletin WeirFoulds LLP Securities regulators must be breathing a sigh of relief. An earlier decision in Ontario Securities Commission v Tiffin
Explaining Unexplained Wealth Orders Mishcon de Reya Unexplained wealth orders (UWOs) and supporting interim freezing orders were introduced by the Criminal Finances Act 2017 and came into effect on 31 January 2018. Guy Wilkes looks at what they mean for practitioners	Lottery Winner Loan Case Sets Precedent, B.C. Court Reforms Centuries-Old Consideration Doctrine Blake, Cassels & Graydon LLP In its May 18, 2018 decision, Rosas v. Toca (Rosas), the British Columbia Court of Appeal (Court of Appeal) permitted a contract to be varied without the exchange of fresh consideration.
Installation Of Nurseries At Workplaces BDS Asesores The Constitutional Chamber of the Supreme Court of Justice ruled in favor of the remedies of appeal on grounds of unconstitutionality by omission ﬁled in 2015 and 2016, based on the lack of regulation...	Опубліковано Указ Президента про введенн Sayenko Kharenko Основними видами санкцій щодо фізичних осіб і досі залишаються візові обмеження т
GDPR Questions Answered: Are You Still Covered If You Leave Europe? Mishcon de Reya In the last few days before the deadline for compliance with the General Data Protection Regulation (GDPR), data protection advisor Jon Baines is here to answer your questions.	Monkey-Selfie Case Returns—To Court & (Maybe) A Theater Near You Morrison & Foerster LLP I confess: I have mixed emotions regarding the iconic "monkey-selfie" photo and all the hubbub it has created.
Presidential Decree On New Sanctions Goes Public Sayenko Kharenko Visa restrictions and asset freezes remain main types of sanctions applied against individuals.	LIBOR Phase Out: Important Considerations For Negotiating Loan Documents Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. On July 27, 2017, the United Kingdom Financial Conduct Authority announced, without specifying a replacement, that it would phase-out the London Interbank Offer Rate (LIBOR) by the end of 2021.
Our Conclusions Following 6 Months From The Entry Into Force Of The Labor Procedure Reform BDS Asesores Following more than six months from the entry into force of the Labor Procedure Reform (LPR) we can state that its impact on the development of employment relationships has been noticeable.	ICO Newsletter: Direct Marketing, But No Need To "Reconsent" Mishcon de Reya I suspect everyone is now fed up to the back teeth of emails from long-forgotten and sometimes never-known businesses and organisations claiming they need us to renew our consent ...