Mondaq Latest Added Articles

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The Supreme Court Will Review the Board's Partial Institution Practice 
Reed Smith

On May 22, the U.S. Supreme Court granted SAS Institute's Petition for Cert seeking review of the Board's practice of instituting review of some challenged claims but not others.
Quebec Adopts Bill 102, Overhauls Its Environmental Approval Regime 
Blake, Cassels & Graydon LLP

On March 23, 2017, the Quebec national assembly adopted Bill 102 to amend the Environment Quality Act (EQA). The Bill will result in significant changes to Quebec's environmental approval regime.
BSB Consultation On Standard Of Proof In Lawyers' Disciplinary Proceedings 
Clyde & Co

In November 2016, we published an article considering the standard of proof in lawyers' disciplinary proceedings...
ESOP Trends in the Marketplace 
McDermott Will & Emery

Over the years, employee stock ownership plans (ESOP) have evolved in many ways. Currently, ESOP transactions began to resemble traditional M&A transactions including financial structures, warrants and market rate sub-debt.
Final Report Issued By Ontario's Changing Workplaces Review – Good And Bad News For Franchising 
Cassels Brock

The anticipated Changing Workplaces Review Final Report of the Special Advisors for the Ontario Government, which proposes revisions to the Labour Relations Act, 1995 and the Employment Standards Act...
Three Supreme Court Cases On Pharmaceutical Patents  
Wan Hui Da - Peksung IP Group

S Sam Li and Honghui Hu of Wan Hui Da – Peksung IP Group explain three important Supreme Court cases on pharmaceutical patents.
"A Question Of Trust": Some Thoughts On The SRA's Consultation 
Clyde & Co

One aspect of this has been the SRA's "Question of Trust" campaign, which ran from September 2015 to January 2016.
The Financial CHOICE Act Is Approved By US House Financial Services Committee 
Kramer Levin Naftalis & Frankel LLP

This alert examines the key provisions of the Financial CHOICE Act, which, if passed, would significantly alter the Dodd-Frank Act, repealing many post-financial crisis rules and regulations.
"Will Merger-Challenge Suits Shift To New York After Gordon v. Verizon?"  
Schnader Harrison Segal & Lewis LLP

This article discusses how recent decisions in New York approving nonmonetary settlements may lead to a shift of shareholder class actions from Delaware to New York.
Changing Workplaces Review – Final Report: Potential Impact On Franchises  
McCarthy Tétrault LLP

The Final Report has just been released for the Changing Workplaces Review, containing recommendations for legislative changes to Ontario's Employment Standards Act, 2000 and Labour Relations Act, 1995.
Iranian President Rouhani Re-Elected 
Clyde & Co

The incumbent Iranian President, Hassan Rouhani, has won a huge endorsement from the Iranian electorate for the JCPOA nuclear deal in a comprehensive victory in Iran's presidential election on Friday.
Can A Party Get Special Costs Based On Pre-Litigation Conduct? 
McCarthy Tétrault LLP

In Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177, the BC Court of Appeal considered whether special costs can be awarded based on pre-litigation conduct.
Publication On Rehabilitation And Bankruptcy In Kazakhstan 
Signum Law Firm

Kazakhstan entered 2017 as a full-fledged member of the World Trade Organization.
Supreme Court Decision Limits Venue For Patent Cases 
Pryor Cashman LLP

On May 22, 2017, the U.S. Supreme Court issued a decision limiting the venues in which patent owners may bring infringement actions.
General Annuciation On Law On Restructuring Of Some Receivables No 6736 
Moral Law Firm

The General Annunciation on Law on Restructuring of Some Receivables numbered 6736 Serial No: 1 has explained the article 7 titled "Acquiring Some Assets to National Economy" of ...
US Government Accountability Office Releases New Report On The Internet Of Things (Iot) 

On May 15, 2017, the US Government Accountability Office (GAO) released a new report entitled "Internet of Things: Status and implications of an increasingly connected world."
M&A Trends: Augmented And Virtual Reality 
Norton Rose Fulbright Canada LLP

Since Facebook's $3 billion acquisition of Oculus VR – a company that develops and manufactures virtual reality headsets – augmented and virtual reality technology has become a major topic of discussion in the M&A world.
California Supreme Court Settles Unresolved Questions Regarding "Day Of Rest" Requirements For Non-Exempt Employees, Affording Employers More Flexibility And Much Needed Guidance 
Lewis Brisbois Bisgaard & Smith LLP

On May 8, 2017, the California Supreme Court clarified several major points of ambiguity regarding the interpretation of the state's obscure "day of rest" statutes.
CMS Delays Start Date for Medicare Cardiac/Hip Fracture Episode Payment Model Until 2018; Parallel CJR Changes Also Pushed Back 
Reed Smith

The Centers for Medicare & Medicaid Services (CMS) is delaying until January 1, 2018 implementation of mandatory Medicare episode payment models (EPMs) for acute myocardial infarction, coronary artery bypass graft, and surgical hip/femur fracture treatment procedures furnished in designated geographic areas.
The Communiqué Regarding The Amendments To The Communiqué On Principles Of Real Estate Investment Companies 
Moral Law Firm

The Communiqué Regarding the Amendments to the Communiqué on Principles of Real Estate Investment Companies has been published in the Official Gazette dated 17.01.2017 and numbered 29951...
Markush Groups: Traps For The Unwary 
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

While many patent examiners prefer Markush claims, which recite lists of alternatively useable species, to be formatted as "selected from the group consisting of A, B, and C," ...
Carbon And Alloy Steel: Commission Hearing On Dismissal Of Antitrust Claims 
Morrison & Foerster LLP

On April 20, 2017, the Commission heard oral arguments in Certain Carbon and Alloy Steel Products...
Taking The Cleaner To The Cleaners: Statutory Liability For Pollutant Spills Post-Midwest 
DLA Piper

In a decision released in March 2017, Huang v Fraser Hillary's Limited, the Ontario Superior Court of Justice used section 99(2) of the Ontario Environmental Protection Act to anchor liability...
Introduction Of Value Added Tax (VAT) In The Kingdom Of Saudi Arabia 
BSA Ahmad Bin Hezeem & Associates LLP

On 03/05/1438 H (corresponding to January 31st, 2017 G), Saudi Arabia ratified the Gulf Cooperation Council (GCC) Value Added Tax Framework Agreement (the "Framework Agreement") by virtue of Royal Decree No. M/51.
Michigan Supreme Court Holds That An Insurer's Untimely Payment Of Underinsured Motorist Benefits Is Subject To Penalty Interest Even If Reasonably In Dispute 
Dickinson Wright PLLC

The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer.
Podcast - Shrink The Section 457A Tax On Hedge Fund Management And Incentive Fees And Expand Your Impact 
Ropes & Gray LLP

In a recently released Ropes & Gray podcast, asset management partner Isabel Dische, tax partner Brett Robbins, and private client partner Cameron Casey discuss the effect of Section 457A ...
Do Winning Parties Tend to Have More Amicus Support In Civil Cases (Part 1)? 
Sedgwick LLP

For the past two weeks, we've been reviewing the data on the Supreme Court's experience with amicus briefs, asking whether petitioners or respondents tend to average more amicus support.
Amendment 9 To The Sale Law (Apartments) (Assurance Of Investment Of Apartments Purchasers) 
Efraim Weinstein Law Offices

The primary purpose of the Sale Law (Apartments) (Assurance of Investments of Apartments Purchasers) (the "Act") is to secure the consideration paid by purchasers by granting them various securities.
SEC Underscores Cybersecurity Risks And Mitigation Requirements 
Brown Rudnick LLP

In the wake of the global impact from the spread of the WannaCry ransomware, the Securities and Exchange Commission has alerted public companies and the financial sector regarding heightened cybersecurity...
Illinois Bills to Watch  
McDermott Will & Emery

Just days away from the May 31 close of its regular legislative session, the Illinois General Assembly has yet to enact the comprehensive series of tax and budget reforms that were first proposed by the Illinois Senate leadership late last year.
The Ban On Consignment Sales  
McDermott Will & Emery

Most brewers are at least somewhat familiar with federal and state laws regulating the interrelationships between members of the different industry tiers.
Citizenship By Investment Important Update – New Criteria And Procedure 
Pelaghias, Christodoulou, Vrachas LLC

On the 13th of September 2016, the Council of Ministers has taken a decision approving revised criteria for the Cyprus Citizenship by Investment Scheme.
Canada's Anti-Spam Legislation – Preparing for the End of Special Transition Rule for Implied Consent to Receive CEMs  
Borden Ladner Gervais LLP

On July 1, 2017, contraventions of Canada's Anti-Spam Legislation (commonly known as "CASL") will be subject to enforcement through private litigation, including class proceedings.
Court Declines To Vacate Arbitral Decision In Face Of Seven Challenges Made By Pro Se Plaintiff 
Carlton Fields

Last month the Southern District of New York granted DCH Auto Group's motion to confirm a favorable arbitral decision dismissing a pro se plaintiff's arbitration with prejudice...
Cyprus-Iran Double Taxation Treaty August 2015 
Pelaghias, Christodoulou, Vrachas LLC

Cyprus on the 4th of August 2015 has come to an agreement signing a Double Taxation Treaty with Iran.
Legittimità Delle Opzioni Put A Prezzo Fisso E Divieto Di Patto Leonino 

Originariamente, il divieto di patto leonino aveva, da un lato, la funzione di tutelare il socio da comportamenti usurari di un altro socio...
Cyprus Citizenship & Permanent Residence By Investment Scheme 
Alexandros Economou LLC

On 13 September 2016, the Cyprus Government approved the new Scheme for the Naturalisation of Investors in Cyprus by Exception. The said scheme is based on subsection (2) in section 111A...
Processing Of Personal Data In The EU 
Alexandros Economou LLC

The inconsistent implementation of the previous legal framework by Member States and the rapid technological developments have led to the need for stronger, more coherent and solid data protection rules.
If Pain, Yes Gain—Part XXX: Pittsburgh Sick Time Law Barely Hanging On By A Thread After Appellate Court Decision 
Seyfarth Shaw LLP

On May 17, 2017, a panel of judges on the Commonwealth Court of Pennsylvania struck a second blow to Pittsburgh's Paid Sick Days Act, leaving the Act's future in serious jeopardy.
Ontario Court Of Appeal Summaries (May 15 – 19, 2017) 
Blaney McMurtry LLP

Following are the summaries of civil decisions for the week.
Legislation Relating To Capital Formation 
Morrison & Foerster LLP

As the 115th United States Congress is currently in session, a number of bills designed to promote capital raising for companies have been introduced in both the House and the Senate.
Goodbye Ontario Solvency Funding (In Part)! 
Osler, Hoskin & Harcourt LLP

Ontario announced major changes to defined benefit pension plans registered in the province, moving away from traditional solvency funding requirements and providing an employer discharge for buy-out annuities
Interesting Times For Employers With Ontario Pension Plans 

Yesterday the Ontario Deputy Superintendent of Pensions released a formal statement that included the comment: "these are interesting times in the pension sector."
Golf Ball Technology And A Declaration Of Non-Infringement 
Goldman Sloan Nash & Haber LLP

In a recent dispute concerning golf ball technology the alleged infringer has responded by bringing an action for a declaration that its actions do not infringe the intellectual property in issue.
Independent Contractor Trucker Dodges FAA Arbitration And Keeps His Class Action Alive 

In Oliveira v. New Prime, Inc., No. 15-2364 (May 12, 2017), the U.S. Court of Appeals for the First Circuit confronted two arbitration-related questions of first impression in that Circuit.
Drawing The Line Between Copyright And Industrial Design Protection 
Goldman Sloan Nash & Haber LLP

Where the line between art, which is protected by copyright, and industrial designs should be drawn is difficult to determine. A recent decision of the Supreme Court of the United States...
What To Do When The Government Comes Calling: A Checklist For Handling Facility Inspections 
Thompson Coburn LLP

It's a sunny Friday afternoon and you're at your desk looking forward to your weekend plans when you get a call from security:
Moral Rights And Charging Bulls! 
Goldman Sloan Nash & Haber LLP

The recent dispute involving the Charging Bull and the Fearless Girl sculptures raises interesting issues relating to the protection available to an author for infringement of moral rights.
A Blow Against Pirates On The Internet 
Goldman Sloan Nash & Haber LLP

A recent decision of the Federal Court of Appeal has interpreted the Copyright Act, in a way that protects the rights of copyright owners on the Internet.
Best Practices For Using Third-Party Content On Your Company's Website 
Womble Carlyle

Does your company's website include or link to third-party content? If so, there are potential legal issues that may arise under copyright law and website terms of use that can be minimized or avoided...
MA AG Joins With Other States To Defend Critical Aspect Of ACA 
Foley Hoag LLP

Massachusetts Attorney General Maura Healey announced that her office would join with Attorneys General from 14 other states and D.C. in an attempt to intervene in House v. Price...
Government Of Ontario Releases The Changing Workplaces Review Final Report 
McCarthy Tétrault LLP

The Government of Ontario has now released the much anticipated Final Report of the Changing Workplaces Review.
SEC Cybersecurity Risk Alert Urges Firms To Protect Against Ransomware 

On May 17, 2017, the Office of Compliance Inspections and Examinations (OCIE) of the United States SEC issued a risk alert highlighting the importance of registered broker-dealers, investment advisers...
Matt Maurer Quoted In "Growing Like Weed" 
Minden Gross LLP

Matt Maurer was quoted in "Growing like weed" on the legalization of cannabis and some of​ the difficulties that ​accompany these ​changes. The article was published on May 17, 2017 by Listed Magazine.
CySEC's New Rules For Sales And Marketing Practices 
Michael Chambers & Co

The mission of CySEC is to safeguard investors protection and the healthy development of the securities market. Furthermore, the vision of CySEC is to establish the Cyprus securities market...
Advocates File Class Action Lawsuit Against The Department Of Mental Health To Increase Access To Community Mental Health Services  
Womble Carlyle

Protection and Advocacy for People with Disabilities, Inc., (P&A) and six individuals with disabilities have filed a class action lawsuit against the South Carolina Department of Mental Health (DMH)...
E-Commerce Law In Cyprus 
Michael Chambers & Co

Nowadays, the internet is embedded in almost every aspect of daily and business life. People use Information and Communication Technologies to network, to communicate, to establish business...
New NYC Law Requires Written Agreements For Solo Contractors, Even Nannies And Babysitters! 

Anyone hiring a solo independent contractor in New York City will need to comply with the Freelance Isn't Free Act, which takes effect May 15, 2017. Anyone. Individuals included.
Ultrasonic Cross-Device Tracking: A Consumer Management Tool with FTC Warnings - See more at: 
Womble Carlyle

A consumer's television or computer may be emitting silent signals that her smartphone can hear, recognize and answer back, but the consumer can't sense them at all.
Cyprus Civil Procedures Rules: Service Of Documents 
Michael Chambers & Co

Natural and legal persons involved in legal proceedings send and receive various judicial and extrajudicial documents. ‘Service of documents' denotes the delivery of legal documents that notify...
NAFTA Renegotiation Goes Live 
Sheppard Mullin Richter & Hampton

USTR Lighthizer yesterday delivered the Administration's official 90-day notice to Congress that it will renegotiate NAFTA.
IRS Audits Target Management Fee Waivers 
Herrick, Feinstein LLP

IRS audits are increasingly targeting private investment funds over management fee waiver arrangements that are commonly used by investment managers to convert fee income into carried interest.
Ninth Circuit Affirms No Private Right Of Action To Enforce Lack Of Substantiation Claims In Serovital False Advertising Class Action Case 
Morrison & Foerster LLP

The Ninth Circuit recently affirmed a district court's dismissal of plaintiff's unfair competition law and consumer legal remedies claims...
MSHA Extends Effective Date of Final Rule on Examinations of Working Places in Metal and Nonmetal Mines to October 2, 2017 
Ogletree, Deakins, Nash, Smoak & Stewart

The U.S. Department of Labor's Mine Safety and Health Administration (MSHA) announced on May 22, 2017, that it is extending the effective date of the agency's Final Rule on Examinations of Working Places in Metal and Nonmetal Mines until October 2, 2017.
TCPA Update: FCC Seeks Guidance On Proposed Robocall-Blocking Rule 
Sheppard Mullin Richter & Hampton

Under new Chairman Ajit Pai's leadership, the Federal Communications Commission (the "Commission") is taking its first steps toward reforming its rules interpreting the "TCPA".
10 Golden Rules For Engaging With A Distributor 
Shibolet & Co.

The question of the best way for a manufacturer or supplier to make overseas sales involves numerous considerations, challenges and risks, commercial and legal alike.
DC Circuit Overturns Model Aircraft Registration, Tells FAA "Statutory Interpretation Does Not Get Much Simpler" 

After oral argument in March, we predicted that the regulation appeared to be in serious trouble, and the FAA should start considering its "Plan B."
Capitol Hill Healthcare Update - May 2017 

Legislation reauthorizing FDA user fees for prescription and generic drugs, biosimilars, and medical devices won wide bipartisan approval last week in a Senate committee, teeing up approval...
Picking Up the Post-Preemption Pieces 
Reed Smith

Parties often file motions in limine on fairly case-specific issues, building on the history of discovery and motions practice in the case.
Fintech: A Global Review Of Current Issues 
Bennett Jones LLP

Financial technology (FinTech) is changing how money changes hands, and FinTech is evolving faster than the law.
How To Win At The Gig "Game" – Tips For Successfully Sourcing, Onboarding, And Retaining Independent Workers 
Fisher Phillips LLP

Today's employment "Game of Life" looks very different than it used to. One of the biggest reasons: the gig economy is expanding at a rapid pace.
Cyber Attacks – Immediate Steps And Legal Immediate Response Team. CSI: My System. 
Shibolet & Co.

According to press coverage and online resources, in the last 48 hours or so cyber attacks targeted and hit over seventy countries across Europe, the Middle East and Asia.
ECONOMIC ESPIONAGE AND PROTECTING TRADE SECRETS: Ninth Circuit Holds That Reasonable Measures To Guard Technology Are Sufficient 

How can you protect your trade secrets from a vast and well-concealed international effort to steal those secrets?
Changes To Legislation Passed By Senate 
Kosta Legal

During its 9th regular session on March 28, the Senate of the Oliy Majlis (an upper house of the Uzbek Parliament) approved several major changes in the Constitution and some legislative acts.
Is Withdrawal Of Appeal Different From The Waiver Of The Action Considering The Civil Procedural Code Art. 123 
Gun & Partners

The withdrawal of an action gives possibility to withdrawing party to re-file the same action. However, if a party waives from the action, this means that it waives from all rights to file the same action.
Indonesia's MEMR Regulation 12: A Step Forward Or A Step Back? 
Shearman & Sterling LLP

Despite a significant renewable energy potential, Indonesia currently only produces six percent of its electricity from renewable energy.
Legal Developments In Foreign Investment Policy 
Kosta Legal

A course of the new Uzbek leadership is firmly aimed at improving the country's economic performance and attraction of foreign investment.
MEMR Regulation 10 Of 2017 Of Indonesia: Blurring The Lines 
Shearman & Sterling LLP

Indonesia's state-owned power company, PT PLN (Persero) (PLN) has a long track record of successfully financed independent power projects (IPPs) and a very well established form of power...
FERC Accelerates Efforts To Integrate Electric Storage Projects Into Jurisdictional Wholesale Markets 
Shearman & Sterling LLP

Historically, electricity "storage" has consisted of hydroelectric pumped storage projects, which pump water to higher-level reservoirs when electricity demand is low...
Conditional Capital Increase System As A New Corporate Financing Structure 
Ictem Legal

These limitation clauses often arise from the need to control or prevent an outsider to acquire shares and reflect a protective measure introduced by existing company shareholders against outsiders.
Rules Applicable To The Executive Order On The 2017 Repatriation Of Funds 
Basham, Ringe y Correa, S.C.

On May 15, 2017 general rules were published by the Tax Administration Service ("SAT") applicable to the "Executive Order granting various income tax breaks for deposits or investments...
דווקא עכשיו – עושים עלייה לישראל! 
Barnea & Co

What do the United States, the UK, France, Germany, Italy, Spain, Switzerland and the Netherlands all have in common?
Territorial Restrictions In Gas Supply Contracts In Japan: Antitrust Implications And Experience From The European Union 
Shearman & Sterling LLP

Japan, the world's biggest buyer of liquefied natural gas (LNG), is currently investigating the potential anticompetitive effects of territorial restrictions in LNG supply contracts.
FDIC Action Is A Reminder That Bank Partnerships Are Not A Panacea For Non-Banks  
Morrison & Foerster LLP

The FDIC released orders for restitution and to pay civil money penalties (Orders), but did not release the consent agreements executed by the Bank, FSI or MCS with the stipulated facts and findings.
The Practical NLRB Advisor 
Ogletree, Deakins, Nash, Smoak & Stewart

The Resistance Comes To WorkMom's Home Cookin' prides itself on the strong relationship it has built with its employees over more than 25 years in business. The bustling restaurant has grown...
Construction One-Minute Read: Allowance or Contingency? 
Ogletree, Deakins, Nash, Smoak & Stewart

While both relatively simple concepts, allowances and contingencies are often confused with one another. Conflating the two can lead to pitfalls. An easy way to remind oneself of the difference is: allowances are for known unknowns, and contingencies are for unknown unknowns.
Fiduciary Rule To Become Applicable On June 9 
Arnold & Porter Kaye Scholer LLP

Through an editorial in the Wall Street Journal on May 23, 2017, Department of Labor Secretary Acosta announced that DOL will let the fiduciary rule become applicable on June 9 on a transition basis.
Cayman To Introduce Limited Liability Partnerships 
Solomon Harris

The Cayman Islands is set to introduce a new entity ideally suited to professionals looking for the flexibility of a traditional partnership, but with the protection of a separate corporate identity...
Walkers Aviation: Ireland Adopts Cape Town Alternative A 

Alternative A is set out under Article XI of the Aircraft Protocol to the Cape Town Convention.
POEM Of Mauritius Managed Trust In UK: UK Tribunal 
Nishith Desai Associates

The Guidelines state that foreign companies that do not meet the ABOI test are subject to a two-step test to determine POEM.
The Immigration Amendment Regulations 2017 
Solomon Harris

The Immigration (Amendment) Regulations 2017 ('Regulations') seek to provide additional clarification on the application process for Permanent Residence ('PR').
Are the Federal Courts or the Republican Controlled Congress the Greater Threat to the CFPB? 
Duane Morris LLP

Many banking lawyers believe recent actions by federal courts, and by Congress represent the greatest threat to the Consumer Financial Protection Bureau (CFPB) since its existence.
כל מה שצריך לדעת לקראת התקשרות בהסכם הפצה 
Barnea & Co

Distributors, agents, resellers and OEM partners all share the same commercial function of selling goods to end users.
House Hearing Examines EEOC's Regulatory And Enforcement Policies 
Littler Mendelson

On Tuesday, May 23, 2017, the House Subcommittee on Workforce Protections held a hearing to discuss the direction of the U.S. Equal Employment Opportunity Commission.
China Announces Amendments to Regulation on the Supervision and Administration of Medical Devices 
Ropes & Gray LLP

On May 19, 2017, China's State Council promulgated the amendments to the 2014 Regulation on the Supervision and Administration of Medical Devices ("the Amendments"), which became effective immediately.
Update On US Federal Tax Reform Proposals And Their Effect On The Renewable Energy Industry 
Shearman & Sterling LLP

While tax reform has been a stated focus of the Trump administration and Congress, details remain elusive.
New Center Of Arbitration In Istanbul 
MGC Legal

The trend of alternative dispute resolutions is in demand nowadays in Turkey. After the new regulations about mediation, the eyes are on the arbitration now.
Ontario Pension Reform: Expanding Superintendent Powers And Improving Retirement Security 
Torys LLP

In April the Ontario Government released its 2017 Budget (Budget) together with Bill 127, Stronger, Healthier Ontario Act (Budget Measures) (Bill).
In One Fell Swoop, Supreme Court Upends Quarter Century of Practice and Limits Proper Venue in Patent Disputes, Much to the Dismay of Patent Trolls 
Sedgwick LLP

On May 22, the U.S. Supreme Court determined that a domestic corporation "resides" only in its State of incorporation for purposes of the patent venue statute, 28 U.S.C. § 1400(b).
U.S. Supreme Court Restricts Locations In Which Patent Suits May Be Filed 
Vedder, Price P.C.

This interpretation permitted patent owners to sue domestic corporations for patent infringement in practically any jurisdiction in which the defendant sold products or offered services.

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