Mondaq Latest Added Articles

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EMIR Collateral Damage 
Reed Smith

Last month the EBA, ESMA and EIOPA (together, the ESAs) published their long-awaited revised draft of the regulatory technical standards on the requirement to collect and post margin in respect of uncleared OTC derivative contracts.
Le Gouvernement du Québec annonce des incitatifs financiers pour protéger vos innovations – renseignez-vous! 
Smart & Biggar/Fetherstonhaugh

Dans l'optique de promouvoir la recherche et le développement dans des domaines stratégiques au Québec et d'augmenter le nombre d'entreprises cherchant à protéger et à valoriser leurs innovations, le Ministère de l'Économie, de l'Innovation et des Exportations (MEIE) a présenté le programme d'aide financière
Data Protection Law – A Brief Guide 
Lester Aldridge LLP

Data protection law isn't the easiest of things to get to grips with but hopefully the following thoughts will help.
The Wine Institute And Reed Smith Team Up To Fight Illinois False Claims Act Overreach 
Reed Smith

On July 28, 2015, on behalf of the Wine Institute and its members, Reed Smith filed an action in the Circuit Court of Cook County, Illinois against the Illinois Attorney General and the Illinois Department of Revenue.
FCA Issues Third Largest Fine To Date For Listing Violations 
Field Fisher Waterhouse

Following an internal review, ARM identified three related party transactions involving its subsidiary, PT Berau Coal Energy TbK.
Modernizing Ontario's Business Law: Expert Panel Releases Its "Wish List" 
Stikeman Elliott LLP

On February 15, 2015, Ontario's Minister of Government and Consumer Services asked a 13‑member panel of legal practitioners and academics to survey the province's business law landscape...
Insurance Filed Rate Defense Wins Over The Second Circuit 
Dentons (US)

In a noteworthy embrace of the filed rate doctrine, the Second Circuit recently ruled, in the context of a challenge to so-called lender-placed or "force placed" insurance, that a regulator-approved rate is subject to the filed rate doctrine and is unassailable.
Prime Minister: Businesses With Turnover Of £36 Million Or More Must Publish Annual Statements On Slavery And Human Trafficking 
Reed Smith

This morning the Prime Minister made an important announcement regarding the new reporting requirement in the Modern Slavery Act.
Pennsylvania Permits Insureds Being Defended Under A Reservation Of Rights To Settle Without Their Insurer's Consent 
Schnader Harrison Segal & Lewis LLP

A standard provision in the commercial general liability policy and many other liability policies precludes voluntary payments—settlements—by the insured without the insurer's consent.
Obergefell Fallout  
Fox Rothschild LLP

Last month brought us the decision of the U.S. Supreme Court that same sex marriages need to be recognized. While this is a milestone in its own right, the devil is often in the details.
Maples And Calder Advises On ECAF I Ltd's US$1.21bn ABS 
Maples and Calder

Maples and Calder advised ECAF I Ltd on the Cayman Islands legal aspects of its US$1.21 billion asset backed securitisation of a diverse portfolio of 49 aircraft with an initial appraised value of approximately US$1.57 billion.
How Will Encumbrances Affect The Sale Of Your Business? 
Fox Rothschild LLP

In a typical purchase agreement (e.g., an asset purchase agreement or stock purchase agreement), the seller is generally required to convey the property in question "free and clear of all liens and encumbrances."
The Family Foundation: Structuring Considerations 
Ice Miller LLP

The following is an excerpt from Ice Miller's Business Transition Strategies to Preserve Wealth Guide, which provides insights on a variety of topics to help ensure a smooth business transition.
New requirements for country of origin labelling for food products 
HopgoodGanim

Manufacturers and small businesses that sell food products must be alerted to the new requirements for food labels.
Amendment To California's Sick Leave Law: The Healthy Workplaces, Healthy Families Act Of 2014 
Mayer Brown

Governor Jerry Brown has signed an emergency amendment to California's new sick pay law, codified in Labor Code sections 245 et seq., to clarify and modify a number of the requirements of the law.
Money laundering in real estate transactions: developers' obligations under Australian law 
Norton Rose Fulbright Australia

Property developers must understand their potential liability, should they be found to have facilitated money laundering.
CMS Releases Proposed Stark Law Regulations 
Reed Smith

As previously discussed on our Health Industry Washington Watch blog, the Centers for Medicare & Medicaid Services has proposed regulations "to reduce burden and to facilitate compliance" under the physician self-referral law known as the Stark Law.
Georgia Becomes The First State To Mount A Direct Challenge Against Unauthorized Publishing Of Annotated Code 
Womble Carlyle

In what has already become news in the copyright community nationwide, the State of Georgia has launched a legal campaign against Public.Resource.org, Inc.
SCC To Decide Tax Advisor Penalty Case On July 31 
Dentons (Canada)

What is the nature of the third-party penalty in section 163.2 of the Income Tax Act? That question will be answered by the Supreme Court of Canada when it decides the case of Guindon v. The Queen.
DOE Releases Draft Environmental Impact Statement For Northern Pass Project 
Foley Hoag LLP

The U.S. Department of Energy (DOE) recently released a Draft Environmental Impact Statement (DEIS) for Northern Pass Transmission...
Practical Questions Persist On Zonal Planning Proposal 
Dentons

This month's Fixing the Foundations 'productivity plan' commits the government to 'an urban planning revolution on brownfield sites'.
White House Hostage Policy Leaves Risk On Table For Third Parties  
McGuireWoods LLP

Last month, the White House announced a change in its policy toward overseas hostage-takings of U.S. citizens.
Budget Brings More Changes For Pensions 
Clyde & Co

As expected, the amount of pensions tax relief for high earners will be reduced from April 6, 2016.
California Employment Law Notes - July 2015 
Proskauer Rose LLP

Michaelin Higgins-Williams worked as a clinical assistant in Sutter's Shared Services Department. Higgins-Williams reported to her treating physician that she was stressed because of interactions at work with human resources and her manager.
Rechtsanwalt Vietnam Oliver Massmann Investitionen Privatisierung Und Handel – QUO VADIS 
Duane Morris LLP

Die vietnamesische Regierung hat bei der Stabilisierung der vietnamesischen Wirtschaft enorme Fortschritte gemacht.
Road Assistance Services - VAT And Potential Duty Development  
KPMG Malta

With effect from 17th July 2015, road assistance services provided through a subscription/membership package (‘road assistance warranties') are exempt from VAT in Malta
Federal Court Refuses To Certify Tax Class Action 
Osler, Hoskin & Harcourt LLP

The Federal Court has recently reiterated the importance of both a properly defined class and a proper representative plaintiff at the certification stage.
Senator Schumer Introduces Bill To Criminalize Certain Robocalls 
Troutman Sanders LLP

On June 25, Senator Schumer of New York introduced a bill poetically titled the Act to Quell Unnecessary, Intentional, and Encroaching Telephone Calls Act of 2015.
Avoiding Heat-Related Injuries 
Ice Miller LLP

Employees who spend most of their working hours outdoors or in extreme heat are at increased risk for heat-related injuries including heat exhaustion and heat stroke. - See more at: http://www.icemiller.com/ice-on-fire-insights/publications/avoiding-heat-related-injuries/#sthash.8c9vfGKW.dpuf
Federal Law On The Public Private Partnership And Municipal Private Partnership In The Russian Federation 
GRATA Law Firm

The Federal Law No. 224-FZ 'On Public Private Partnership, Municipal Private Partnership in the Russian Federation and Amendments to Some Regulatory Acts of the Russian Federation' was enactedon 13 July 2015.
Amendments To The Federal Law ‘On Medicines Circulation' 
GRATA Law Firm

The Federal Law No. 241-FZ dated 13 July 2015 (hereinafter - the Law 241) introduced amendments to the Federal Law No. 61-FZ dated 12 April 2010 'On The Medicines Circulation' (hereinafter - the 'Circulation Law'), as well as to the Federal Law, dated 22 December 2014 No. 429-FZ (which had significantly amended the Circulation Law with the effect from 1 July 2015).
Carey Olsen And Alter Domus Advise On Infra Debt Fundraising 
Carey Olsen

Carey Olsen has advised Macquarie Infrastructure Debt Investment Solutions (MIDIS) on the launch of its UK inflation linked infrastructure debt fund, which attracted total commitments of almost £740 million at final close.
Amicus Brief In Campbell-Ewald v Gomez (Rule 68)  
McGuireWoods LLP

Last Wednesday, Lawyers for Civil Justice filed its amicus brief in Campbell-Ewald Corp. v. Gomez, the case in which the Supreme Court will finally rule on whether Rule 68 offers of judgment can moot a class action.
Changes In The UK Tax Treatment Of Carried Interest 
Morrison & Foerster LLP

In the recent Summer Budget, the Chancellor announced that with immediate effect, there would be changes to the way that carried interest is taxed.
CNN Interview On Financial Fair Play (Video Content) 
Field Fisher Waterhouse

CNN Interview On Financial Fair Play.
Weekly Tax Update - July 27, 2015 
Smith & Williamson

The Government has requested the Office of Tax Simplification (OTS) to undertake a study on the closer alignment of income tax and National Insurance contributions. The OTS will report before the Budget next year.
The European Court Of Justice On Enforcement Of FRAND Patents: Huawei v. ZTE 
Morrison & Foerster LLP

After unsuccessful licensing discussions, Huawei sued ZTE for patent infringement in the Higher Regional Court of Düsseldorf, Germany, seeking injunctive relief and damages.
Malta At The 2015 Milan Expo: The Island Wants To Showcase Its Tourism And Business Potential 
CSB Group

While visiting the Malta Pavilion at the Milan Expo, Maltese Prime Minister Joseph Muscat stated that through its presence at the Expo, Malta wants to portray itself as a top tourism destination as well as an attractive business destination.
Competition News July-August 2015  
Dentons

The Authority analyzed the French bulk LPG market and considered that the takeover transaction would significantly strengthen Antargaz's position.
FCC Expands Potential Liability Under The Telephone Consumer Protection Act For Business-to-Customer Calls And Text Messages 
Mayer Brown

"This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public."
Carey Olsen Starting Point Employment Law Guide: Flexible Working And Family Friendly Rights 
Carey Olsen

Carey Olsen Starting Point Guides are intended as a general introduction and guide to different aspects of Jersey employment law. They are a summary of the most important issues that we come across.
Amendment To The Polish Labor Code  
Dentons

The last version of a bill concerning amendment to the Labor Code has just been accepted by the Parliament.
DOL Releases Misclassification Guidance 
Day Pitney LLP

As we previously posted on this blog, federal and state governments, labor and employment agencies, and plaintiff's attorneys have increased their focus on employers who misclassify employees as "independent contractors" in an effort to save costs on minimum wage and overtime requirements.
Intellectual Property In Egypt: A Brief Overview 
Youssry Saleh & Partners

Numerous reports conducted show that piracy percentage in Egypt is quite high and is the cause of significant losses of the companies and products' owners.
Background Checks – A Primer For Employers 
Day Pitney LLP

When employers use background checks acquired through a third party company in the business of compiling background information (referred to as a "consumer reporting agency")...
Commission Sends Statement Of Objections To BSkyB And Film Studios 
Dentons

On 23 July 2015, the European Commission sent a Statement of Objections to BSkyB and six major studios: Disney, NBC Universal, Paramount Pictures, Sony, Twentieth Century Fox and Warner Bros.
Search Engine Providers Face Tougher Fines Under Proposed EU Tiered Fine System 
Reed Smith

A leaked draft proposal posted by StateWatch and created by the European Commission reports that most Member States appear to be in favour of introducing a three-tiered fine system for non-compliance with EU data protection rules.
NY State Fast Food Workers Likely To Win $15 Minimum Wage Raise  
Reed Smith

As previously reported, Gov. Andrew Cuomo in May empaneled a three-person wage board to study and fix perceived wage inequality suffered by New York's fast food workers.
Fund Judgment Brings Gibraltar Director's Duties Into Focus 
ISOLAS

Corporate governance is an important live issue worldwide particularly in the alternative fund management space, fuelled both by scandals (for example Madoff and Weavering) and tightening regulation.
The PR Challenge For The Hedge Fund Industry 
Maples and Calder

In this article, Henry Smith reviews and addresses some of the ongoing challenges facing the hedge fund industry
Improving The Cayman Product: FATCA And The Adoption Of Third Party Rights  
Maples and Calder

Mark Matthews provides an overview of the banking, financial services and regulatory environment in the Cayman Islands for the Global Banking & Financial Policy Review 2014/2015, published by Euromoney Institutional Investor.
Securitisation Guide 2015: Cayman Islands 
Maples and Calder

In this guide, Alasdair Robertson and Scott Macdonald provide an overview of Cayman Islands securitisation law.
Apply Common Sense To Indemnity Claim 
Duane Morris LLP

A mechanical sub's employee is severely injured during a coffee break when an improperly-fastened section of limestone façade comes loose near where he is sitting.
Saudi Arabia Update - July 2015 
Dentons Worldwide

Saudization is the colloquial term used to refer to Saudi Arabia's official government policy of encouraging the employment of Saudi Arabian nationals in the private sector.
Today's Hot Topic: Sponsorship Identification In Advertising  
Reed Smith

From time to time I like to remind clients of specific network guidelines to keep in mind when developing advertising.
A Second Chance In Life (The Story Of One Man Whose Sentences Obama Commuted Shows The Importance Of Second Chances) 
WilmerHale

In your paper's July 17 editorial "Crime and punishment," you examined President Barack Obama's recent decision to grant clemency to 46 drug offenders, including our client, Norman O'Neal Brown.
OAS Chapter 15 Decision Sheds New Light On Cross-Border Insolvency Practice, But May Add Complexity To Financial Institutions' Global Credit Risk Management 
Dentons (US)

Under US Chapter 15, the "foreign representative" is the person who applies to the US bankruptcy court for recognition of the foreign proceeding in which the foreign representative has been "appointed."
Emerging State Biosimilar Laws – Reference Chart And Five Issues To Watch 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

As we've previously discussed, states have begun to actively regulate the substitution of interchangeable biosimilars before any FDA-approved biosimilar has even hit the market.
Second Circuit Reverses On Lawyer Professional Exemption Case: What In The World Is Happening? 
Fox Rothschild LLP

I have blogged about this matter several times, all the while applauding the lower court decision and employer's legal position in the case, as I believed what these temporary lawyers were doing did constitute the practice of law.
Office Of Inspector General Advisory Opinion Addresses Hospital Management Services 
Fox Rothschild LLP

The Office of Inspector General (OIG) of the Department of Health and Human Services posted an Advisory Opinion today addressing a hospital system's proposal to lease administrative employees...
How Technology Has Changed Closing Arguments 
Fox Rothschild LLP

Although I have never been on the cutting edge of technology, I have come to realize the importance of technology when trying cases.
Series LLCs: An Alternative Investment Structure  
Fox Rothschild LLP

A series LLC is an entity structure permitted in certain states that allows for the formation of multiple segregated LLCs (or "series") under the umbrella of a single "master" LLC.
More Than One Way To Skin A Privacy Breach: The Ontario Court Of Appeal's Decision In Hopkins V. Kay 
McCarthy Tétrault LLP

Earlier this year, the Ontario Court of Appeal released its decision in Hopkins v. Kay, 2015 ONCA 112, in which it held that the mere existence of a legislative scheme to address privacy-related breaches of personal health information does not preclude a private action from being brought to address said breaches.
Four Amendments To The Real Estate Services Act (BC) Impact Licenses 
Lawson Lundell LLP

On March 25, 2015, amendments to RESA came into force that will have a direct impact on RESA licensees.
No Deference By The Federal Circuit To Lower Courts' Claim Construction Findings 
McDermott Will & Emery

In the first case, Kaneka sued Xiamen for infringement of a patent directed to producing oxidized and reduced coenzyme Q10, which is used in dietary supplements.
D.C. Circuit Allows Two Challenges To The Constitutionality Of The Consumer Financial Protection Bureau 
Holland & Knight

In 2013, the U.S. District Court for the District of Columbia dismissed both challenges after finding Appellant State National Bank lacked standing, and neither claim was ripe.
Teva Review Standard Controls Lighting Ballast On Remand 
McDermott Will & Emery

Applying the Teva clear-error standard of review for factual findings made by the district court, the Federal Circuit this time found that the district court's claim construction was not "clearly erroneous."
Le Point Sur L'Information : Les ACVM Accroissent Le Nombre D'Examens De L'Information Continue 
McCarthy Tétrault LLP

Le sommaire des conclusions des ACVM vise à procurer des exemples de lacunes courantes et à aider ainsi les émetteurs assujettis à se conformer à leurs obligations d'information.
Expert Testimony Not Always A Guarantee For Appellate Review With Deference 
McDermott Will & Emery

Shire owns a patent directed to a controlled-release oral pharmaceutical composition for treating inflammatory bowel disease.
How To Create A Tax-Efficient Will 
Minden Gross LLP

Every will has an unnamed beneficiary: the Canada Revenue Agency.
The Dispute Resolution Review, 7th Ed.: British Virgin Islands  
Maples and Calder

Arabella di Iorio provides an analysis of recent changes and developments in the area of dispute resolution for the British Virgin Islands.
With The August Recess Looming, Broad Energy Packages Released  
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

As Congress closes in on the August recess, bipartisan energy bills have emerged from both the House and Senate.
Fraudulent Joinder Found, No Remand To State Court 
Stoll Keenon Ogden PLLC

Debra Walker sued Northwestern Mutual Life Insurance Company for its alleged failure to pay on a disability insurance policy she had purchased.
Basic Principle Of Parent/Subsidiary Separation Applied To Strike Claims Under Alien Tort Claims Act 
Stoll Keenon Ogden PLLC

The plaintiffs sought to hold Ford and IBM responsible for having, through their foreign subsidiaries, facilitated apartheid.
Adultery Gone Awry On The Internet 
Duane Morris LLP

The Ashley Madison site declares on its home page that "Life is short. Have an affair." The home page goes on to state that "Ashley Madison is the world's leading married dating service for discreet encounters."
The International Insolvency Review, 2nd Ed.: Cayman Islands 
Maples and Calder

Aristos Galatopoulos and Caroline Moran provide an analysis of current economic conditions and insolvency case developments in the Cayman Islands.
The Dispute Resolution Review, 7th Ed.: Cayman Islands 
Maples and Calder

Aristos Galatopoulos and Luke Stockdale provide an analysis of recent changes and developments in the area of dispute resolution for the Cayman Islands.
AUC Finds TransAlta Guilty Of Manipulating Electricity Market  
Blake, Cassels & Graydon LLP

Specifically, the MSA alleged that TransAlta engaged in this conduct to drive up electricity prices to benefit its portfolio.
Labour Fund Reporting Requirements Enacted 
Blake, Cassels & Graydon LLP

The amendment enacts a private member's bill to amend the Income Tax Act. It imposes unusual public disclosure requirements on labour organizations, including trade unions, and also on "labour trusts".
Automobile Use By Employees 
Collins Barrow National Incorporated

Businesses often require employees to use automobiles to perform their employment duties. Most often, a business will provide an automobile to the employee or will pay the employee for use of the employee's own vehicle.
Independent Contractor And Exempt Employee Classification Review Should Include Joint-Employer Status 
McDermott Will & Emery

The tests used to determine independent-contractor status and joint-employer status vary somewhat depending on the employment statute involved.
Can You Reclaim The Gift Of Puppy Love?  
Fox Rothschild LLP

It can be a touching and romantic gesture when someone gives a puppy as a gift to his or her significant other.
The Real Estate Law Review, 4th Ed.: Cayman Islands  
Maples and Calder

George Loutas provides an up-to-date and accessible summary of the key legal and practical developments in the area of real estate law in the Cayman Islands...
Esin Attorney Partnership Advises Jones Lang Lasalle On Acquisition Of AVM Partners 
Baker & McKenzie / Esin Attorney Partnership

Corporate real estate firm Jones Lang LaSalle acquires AVM Partners, a leading Turkish shopping center management company known for Palladium, 212 AVM, and Neoplus.
Alternative Investment Funds Guide 2015: Cayman Islands 
Maples and Calder

This article appeared in the 2015 edition of The International Comparative Legal Guide to: Alternative Investment Funds.
The International Insolvency Review, 2nd Ed.: British Virgin Islands 
Maples and Calder

Arabella di Iorio provides an analysis of current economic conditions and insolvency case developments in the British Virgin Islands.
The Private Equity Review, 4th Ed.: Cayman Islands 
Maples and Calder

Nicholas Butcher and Iain McMurdo provide an analysis of private equity fundraising in the Cayman Islands. Their contribution formed part of the fourth edition of The Private Equity Review, published in March 2015.
Alternative Investment Funds Guide 2015: British Virgin Islands 
Maples and Calder

Tim Clipstone recently participated in a Q&A focused on practical cross-border insight into alternative investment funds work.
Bio/Pharma IPR Challenges Nearly Double In 2015  
Foley & Lardner

Although there has been a rapid increase in bio/pharma IPR petitions, there are still relatively few that have reached final decisions.
Technology And Banking 
Herdem Attorneys at Law

The world is witnessing a transition from traditional way of living to technology-based lives all around the world.
U.S. Supreme Court Holds Defendant's Belief A Patent Was Invalid Is Not A Defense To An Induced Infringement Claim 
Wilson Elser Moskowitz Edelman & Dicker LLP

A recent U.S. Supreme Court decision demonstrates that businesses and people should always proceed with caution when inducing others to use, or contributing to the use of, patented or potentially patented subject matter.
Travel Channel Hit With Junk Fax Class Action  
Klein Moynihan Turco LLP

On Friday, a class action lawsuit was filed in the United States District Court for the Western District of Wisconsin against the Travel Channel, L.L.C. and its parent companies Scripps Networks, LLC and Scripps Networks Interactive, Inc.
Favorable New York Guidance On Sales And Use Tax Exemption For Noncommercial Aircraft 
McDermott Will & Emery

On July 24, 2015, the New York Department of Taxation and Finance published guidance on the sales and use tax exemption for "general aviation aircraft," effective September 1, 2015.
Risk-Based Pension Plan Review Announced By Canada Revenue Agency  
Borden Ladner Gervais LLP

On July 18th, 2015, the Canada Revenue Agency ("CRA") announced changes to its registered pension plan review process, which will be based upon risk criteria.
Minister: CIMA Board Appointments Had Expired 
Cayman Islands Government

While most of the board positions have been filled, there still are some vacancies.
What's In A Name? A Salutary Tale Of Financial Instruments, Fraud And Jurisdictional Wrangling 
Andrews Kurth LLP

Exclusive jurisdiction clauses or arbitration agreements are meant to ensure that disputes are heard in a single forum that is acceptable to both parties.
Zhang: BC SC Refuses To Rectify Share Transfer  
Dentons (Canada)

The taxpayer was resident in British Columbia. He carried on a business of manufacturing and distributing laser equipment.
Proposed Rule Aims To Refine Stark Regulations And Clarify "Incident To" 
BakerHostetler

On July 15, 2015, the Centers for Medicare and Medicaid Services (CMS) published the calendar year (CY) 2016 Physician Fee Schedule Proposed Rule.
Chuck E. Cheese Settles Background Check Lawsuit For $1.75 Million  
Troutman Sanders LLP

This settlement serves as another reminder of the risks that employers face in conducting background checks on prospective employees.
CAISO Board Of Governors Adopts Framework To Permit Market Participation By Aggregated Distributed Resources 
Troutman Sanders LLP

The Proposal states that aggregated resources can be located at a single pricing node or spread across multiple pricing nodes.

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