Mondaq Latest Added Articles

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NZ exporters must front up to Govt with overseas trade problems 
Chapman Tripp

If CPTPP comes into force, exporters should consider planning to ensure the smooth operation of all global supply chains.
Oeffentlich Private Partnerschaften (PPP) 
Duane Morris LLP

Die Grundlage von BOT Projekten ist ein von der Regierung genehmigter BOT Vertrag. Dieser BOT Vertrag wird zwischen dem Auslandsinvestor (BOT Investor) und der staatlich bevollmächtigten Verwaltungsbehörde abgeschlossen.
EBA Publishes PSD2 Security Measures Guidelines 
Womble Bond Dickinson

EBA has published its final guidelines on security measures for operational and security risks of payment services required by PSD2.
Government Publishes Anti-Corruption Strategy 
Womble Bond Dickinson

The Department for International Development and the Home Office have published the UK's anti-corruption strategy for 2017- 2022.
FCA Highlights Transaction Reporting And MAR Issues 
Womble Bond Dickinson

a reminder that an investment firm's transaction report must reflect the transaction from its own perspective...
How To Prove 'Passing Off' 
Gowling WLG

'Passing off' does not have a statutory basis and doesn't need to be registered to be effective.
Circular L.G. – A. No. 61 Of 8 December 2017 : Updated Rules On The Issuing Of Tax Residence Certificates For UCIs, Now Including RAIFs 
ELVINGER HOSS PRUSSEN

In the new Circular of 8 December 2017 (the "Circular"), which replaces Circular L.G. – No. 61 of 12 February 2015 dealing with the issuing of tax residence certificates for UCIs, ...
Coming Full Circle With Association To Benefit Children 
Proskauer Rose LLP

Nearly 10 years ago, in the summer of 2008, I began my first job after college as a Program Associate at Association to Benefit Children (A-B-C) in East Harlem.
SEC Updates Financial Reporting Manual (Again) 
Morrison & Foerster LLP

On December 1, 2017, the SEC's Division of Corporation Finance updated its Financial Reporting Manual for the following changes...
More Tax Credits And Deductions To Ease Tuition Shock 
Minden Gross LLP

Parents with kids in post-secondary schools often get a case of sticker shock around this time of the year.
JPO Postponing Alternative Dispute Resolution Plans With IoT Difficulties 
Keisen Associates

In 2017, the JPO had been trying to institute a system of Alternative Dispute Resolution (ADR) to force patent owners and prospective licensees to reach positive resolution when negotiations failed.
Initial Overview Of Quebec's Cannabis Legislation 
Langlois lawyers, LLP

On April 13, 2017 the federal government, on the heels of an election promise made in 2015, tabled a bill in the House of Commons proposing the legalization of recreational cannabis.
When Can Congress Refuse To Seat A Duly-Elected Candidate? 
Holland & Knight

Never. In 1969, the U.S. Supreme Court ruled that the Speaker of the House could not exclude a duly-elected candidate for the U.S. House of Representatives.
What Now? 5 Steps To Take If Your Probe Doesn't Corroborate Harassment Allegations 
Ford & Harrison LLP

To a large degree, harassment is subjective, and what is offensive to one person may not be offensive to another.
Steps To Determining Availability Of Qualified Minority And Female Job Candidates 
Ogletree, Deakins, Nash, Smoak & Stewart

As part of a statistical analysis for an affirmative action program for minorities and females, contractors must estimate external availability in order to determine utilization and annual placement goals.
Recent Developments Under GST, Customs, And Foreign Trade Policy 
SKP Business Consulting LLP

To erase doubts arising in the implementation of GST, the government has issued various circulars providing clarifications on vital issues.
UEFA's Financial Fair Play Rules – Why It Barks But Cannot Bite 
Perchstone & Graeys

Club football spending has spiraled in the last few years. The Roman Abramovich revolution that saw the Russian Oil mogul acquire Chelsea Football Club and loosen the purse-strings by signing new players shook the footballing world.
Extension Of Common Law Rule Against Set Off From Freight To Air Freight 
Reed Smith (Worldwide)

The London Circuit Commercial Court has held that the well established common law rule in shipping law that "a claim in respect of cargo cannot be asserted by way of a deduction from freight" extends to air freight.
Seventeen Provisions To Watch In The Senate Tax Reform Bill 
Cadwalader, Wickersham & Taft LLP

On December 2, 2017, the Senate passed a tax reform bill1 that differs in some key aspects from the tax reform bill the House approved on November 16, 2017.
National Housing Strategy 
Devry Smith Frank LLP

On Wednesday, November 23, Justin Trudeau announced the federal government's 10 year national housing strategy.
Labor Board To Scrap Quickie Election Rule? Public Comment Requested 
Fisher Phillips LLP

In the clearest sign yet that the National Labor Relations Board is ready to shift away from the strong pro-union stance that had been taken for the previous eight years, the agency today announced that it will seek...
Türk İş Hukukunda Rekabet Yasağı 
Okyay | Evren

İşçinin rekabet etmeme borcu, iş sözleşmesine ayrı bir hüküm konmasa da sözleşmenin devam ettiği süre boyunca yürürlüktedir. Bu borç, genel olarak işçinin sadakat borcu içerisinde yer alan bir yükümlülüktür. Bu husus, Türk Borçlar Kanunu(TBK) m. 396/3'te açıkça düzenlenmiştir.
Duty Of Non-Competition In Turkish Employment Law 
Okyay | Evren

Employee's duty of non-competition is effective until employment agreement's termination, even if it is not situated in the agreement. This obligation arises from employee's duty of loyalty. It has been regulated clearly in article 396/3 of Turkish Code of Obligations (TCO).
Sell-Side Due Diligence: Knowing Your Buyer 
Norton Rose Fulbright Canada LLP

M&A deals aren't easy to close. As we previously reported, due diligence typically increases the likelihood of a deal closing.
Lawsuit Accuses New England Natural Gas Companies Of Withholding Pipeline Capacity 
Troutman Sanders LLP

On November 16, 2017, twelve New England electricity consumers ("Plaintiffs") filed a class action lawsuit in in the U.S. District Court of Massachusetts against two large New England energy companies...
Are Your California Employees Asking For Dust Masks Because Of The Raging Fires? 
Fisher Phillips LLP

Our California offices reported that local governments are provided N 95 dust masks to citizens because of the wild fires.
Successor General Counsel Robb Signals Potential Successorship Retrenchment 
Seyfarth Shaw LLP

On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel.
SEC Takes $15 Million Bite Out Of An ICO  
Sheppard Mullin Richter & Hampton

The SEC issued a cease and desist order against Munchee's $15 million ICO
Investment Funds Observations 2017 - Part Three 
Walkers

From our vantage point as advisers to many of the world's top hedge fund managers, broad market forces flow through to our instructions, and ultimately drive many of the terms of the funds we advise.
Intent To Pursue Deals At An All-Time High Among Oil And Gas Executives 
Norton Rose Fulbright Canada LLP

In a recently released report, the Global Capital Confidence Barometer, EY suggests that M&A intentions in the global oil and gas sector are at an all-time high.
The Eastern Caribbean Supreme Court Returns To BVI In January 2018  
Walkers

The Eastern Caribbean Supreme Court has issued a court notice and announced that the Commercial Division of the High Court returns to the Territory of the Virgin Islands in January 2018.
Second Circuit Affirms Summary Judgment In Putative Internship Class  
BakerHostetler

Four years ago, a wave of cases involving unpaid internships looked to be the next "big thing."
Case Summary: Ajemian V. Yahoo!, Inc. 
McLane Middleton, Professional Association

The Massachusetts Supreme Judicial Court, in the case of Ajemian v. Yahoo!, Inc., held that the Stored Communications Act (SCA)...
Unilaterally Amending Payment Terms By Conduct Alone…Nice Try! 
Field LLP

As a contractor, you might find yourself in a situation where the method for calculating payment originally agreed to in the contract becomes unworkable with the actual project scope or existing work-site conditions.
McIntyre Sworn In As FERC Chairman, Requests Extension To Address DOE NOPR 
Troutman Sanders LLP

On December 7, 2017, Kevin McIntyre was sworn in as FERC Chairman.
Tax Reform May Make Payment Of Nonbusiness Tax Advice Fees Non-Deductible 
Caplin & Drysdale

For many individuals, it will be advantageous to pay bills for nonbusiness tax preparation and tax advice before the end of 2017.
EIOPA Publishes Editable IPID Template 
Womble Bond Dickinson

EIOPA and the European Commission have developed an editable version of the IPID template.
Pinsent Masons Insurance Briefing - Broker Fined £4m By FCA Over 'Truly Independent' Claim 
Pinsent Masons LLP

Welcome to the final Insurance Briefing of 2017 - our fortnightly round-up of insurance legal and business developments with analysis and commentary from the insurance team at Pinsent Masons.
Food Advertising And Compelled Commercial Speech In 2017 
Foley Hoag LLP

According to the Hyper-Chicken, a lawyer from my favorite television show, "freedom of speech applies to what comes out of a mouth, not what goes in."
Random Drug And Alcohol Testing On Hold In Alberta 
Bennett Jones LLP

Justice Belzil of the Alberta Court of Queen's Bench has granted an injunction prohibiting Suncor Energy Inc. (Suncor) from implementing random drug and alcohol testing at its work site north of Fort McMurray...
Industrial Emissions In Europe 
Dentons

Industry is driving economic growth, at the same time industrial production processes account for a considerable share of the pollution in Europe.
Roskomnadzor Publishes 2018 Inspection Plans  
Gorodissky & Partners

DataGuidance confirmed, on 12 December 2017, with Sergey Medvedev, Senior Lawyer at Gorodissky and Partners, that the regional offices of the Federal Service for the Supervision...
PRA Consults On Internal Models Under Solvency 2 
Womble Bond Dickinson

As part of its review into Solvency 2, PRA has published a consultation paper which proposes updated expectations of firms in respect of:
PSD 2 – EBA Final Draft RTS On Central Contact Points 
GANADO Advocates

The European Banking Authority (EBA) has published its final draft regulatory technical standards (RTS) on central contact points under the revised Payment Services Directive (PSD 2).
EIOPA Publishes Opinion On Monetary Incentives And Remuneration Between Asset Managers And Insurers 
Womble Bond Dickinson

EIOPA has published an Opinion, addressed to NCAs, which focuses on consumer protection issues related to monetary incentives and remuneration between providers of asset management services...
Meriton's 5-Star Masking Scheme - ACCC vs. Meriton 
Global Advertising Lawyers Alliance (GALA)

Many businesses today rely on social media and positive reviews to attract business. Consumers like to read reviews before staying at a hotel or holiday destination or trying a new product or service.
Don't Lose Your DMCA Safe Harbor For Copyright Infringement Claims 
Morgan Lewis

The December 31, 2017 deadline for online service providers to reregister designated agents under the Digital Millennium Copyright Act (DMCA) in the US Copyright Office's new online directory is fast approaching.
Weekly Tax Update - 12 December 2017  
Smith & Williamson

Welcome to Tax update, which provides a round-up and explanation of the latest tax issues.
PRA PUBLISHES Policy Statement On Pillar 2A Requirements And Disclosure 
Womble Bond Dickinson

The PRA has today published a policy statement on Pillar 2A requirements and disclosure (PS30/17), which provides feedback to the responses to the consultation paper ‘Pillar 2A requirements...
New Canada-Ontario Immigration Agreement To Harmonize Immigration Policies With Canada's Largest Province 
Immigration.ca

December 13, 2017 - The recently-signed Canada-Ontario Immigration Agreement updates how the two governments will work together and facilitate the arrival of newcomers to Canada's largest province.
2018 NDAA Analysis: Intellectual Property Provisions 
Holland & Knight

This is the sixth blog post in a series analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed to by House and Senate negotiators on November 8, 2017.
Does Resigning With Immediate Effect Put A Stop To Disciplinary Proceedings? 
ENSafrica

The past year has seen a number of high-profile instances of employees resigning, allegedly to avoid disciplinary proceedings against them. This issue was dealt with in the case of Mtati v KPMG Services (Pty) Limited.
The National Minimum Wage Bill Released For Public Comment 
ENSafrica

On 17 November 2017, the National Minimum Wage Bill was gazetted for public comment. Given that the Bill was the subject of negotiation and agreement at NEDLAC, its progress through the legislative process is likely to be fairly smooth.
Three Things To Know About French Merger Control 
McDermott Will & Emery

French merger control applies if the turnovers of the parties to a transaction (usually the acquirer(s) including its (their) group(s) of companies, and the target) exceeded, in the last financial year, certain (cumulative) thresholds provided in Article L. 430-2, I of the French Commercial Code (the "Code"):
A Lender Does Does Not Have A Duty To Advance New Money... 
Borden Ladner Gervais LLP

The Court of Appeal has released a decision stating that the common law duty of honest contractual performance does not necessarily require a lender to lend new money.
Convocatoria, licitación, contrato de gestión y operación de la infraestructura de transmisión para la interconexión entre el Sistema Interconectado Nacional y el Sistema Eléctrico de Baja California  
Basham, Ringe y Correa, S.C.

El día 07 de diciembre de 2017, SENER anunció la licitación para el financiamiento, instalación, mantenimiento, gestión y operación de la interconexión del Sistema Eléctrico de Baja California...
2018 ISS And Glass Lewis Updates 
Fasken Martineau

Institutional Shareholder Services (ISS) and Glass, Lewis & Co. (Glass Lewis) have both released updates to their Canadian proxy voting recommendation guidelines for the 2018 proxy season.
Supreme Court: Conditional Sentences Not Necessarily "Serious Criminality" Under Immigration Act 
McCarthy Tétrault LLP

In order to be admissible to Canada, permanent residents and foreign nationals must avoid "serious criminality" as set out in s. 36(1)(a) of Canada's Immigration and Refugee Protection Act.
Cyber: A View From Above 
Clyde & Co

Governments around the world have responded to the prevalence of the use of drones by increasing regulation and supervision.
Drones: An Unsolvable Regulatory Problem? 
Clyde & Co

Australia's aviation safety regulator, the Civil Aviation Safety Authority (CASA), is currently reviewing the regulations concerning the safe operation of drones.
Drone Damage: What Happens If A Drone Hits You? 
Clyde & Co

The Civil Aviation Safety Authority (CASA) is currently undertaking a review of the regulation of remotely piloted aircraft (otherwise known as drones).
Home Secretary Announces New National Economic Crime Centre To Tackle High Level Fraud And Money Laundering 
Womble Bond Dickinson

The Home Secretary Amber Rudd has announced plans to tackle economic crime to the assist in preventing fraud, money laundering and corruption.
Senate Committee Set For December 13, 2017 Vote On Confirmation Of Trump Nomination For OSHA Administrator 
Seyfarth Shaw LLP

The Senate Nominations Committee has scheduled a vote on the Trump nomination, Scott A. Mugno, for the Assistant Secretary of Labor, Occupational Safety and Health.
When Does Software Become Securities? 
Sheppard Mullin Richter & Hampton

On December 11, 2017, the U.S Securities and Exchange Commission ("SEC") issued a cease and desist order ("Order") against Munchee, Inc.'s ("Munchee") $15 million Initial Coin Offering ("ICO").
Call For The Bidding Process To Award A Management And Operation Contract For The Transmission Infrastructure For The Interconnection Between The National Interconnected System And The Baja California Electrical System  
Basham, Ringe y Correa, S.C.

On December 07, 2017, SENER announced the call for a bidding process for the finance, installation, maintenance, management and operation of the Baja California Interconnection System...
Cybersecurity 2018 – The Year In Preview: Privacy And Security In Educational Institutions 
Foley Hoag LLP

This is the sixth in a multi-part end-of-year series examining important trends in data privacy and cybersecurity during the coming year.
Round Table : Will Drones Ever Fly In India? (Industry Inputs) Part II – 00:43 Hrs (Video) 
Nishith Desai Associates

Round Table : Will Drones Ever Fly In India? (Industry Inputs) Part II – 00:43 Hrs - Video
Canada Moves Closer To Joining The Hague Agreement With The Release Of Proposed New Industrial Design Regulations 
Smart & Biggar/Fetherstonhaugh

On December 9, 2017 Canada's Governor-in-Council took the formal step of publishing proposed new Industrial Design Regulations (the proposed Regulations) in the Canadian Gazette.
Alberta Unveils Changes To Its Credit And Offset Regime: What's In Store For Large Industrial Emitters 
Blake, Cassels & Graydon LLP

On December 6, 2017, the Government of Alberta released guidance documents regarding the new Carbon Competitiveness Incentives (CCI) Regulation, which will come into force on January 1, 2018 ...
Government Of Canada's Draft Proposal On Cannabis Taxation 
Torys LLP

On November 10, the Department of Finance Canada released its proposed legislative and regulatory amendments relating to cannabis taxation in preparation ...
EDNY Rejects Successor Liability in Hip Implant Case 
Reed Smith

In Deluca v. Portland Orthopaedics Ltd., et al., 2017 U.S. Dist. LEXIS 198962 (E.D.N.Y. Dec. 2, 2017), a husband and wife sued for injuries relating to a failed hip implant. The husband and wife lived in New York.
Streamlined Canadian Trademark Litigation — Court Of Appeal Opens Door To Full Compensation 
Smart & Biggar/Fetherstonhaugh

A recent decision of the Federal Court of Appeal sheds light on a streamlined litigation procedure that brand owners may find attractive.
The Carlyle Case And Directors' Duties 
Ogier

A judgment handed down in September 2017 by the Royal Court of Guernsey cleared the Carlyle Group, Carlyle Investment Management, and TCGH (represented by Simon Davies of Ogier) ...
Missouri Court Tackles Sex Stereotyping, Highlights Sexual Orientation And Gender Identity Issues 
Ogletree, Deakins, Nash, Smoak & Stewart

While nearly half of all states expressly prohibit discrimination based on sexual orientation and/or gender identity, Missouri is not one of those states.
Pressing On: B.C. Government Announces Decision To Complete Construction Of Site C Clean Energy Project 
McCarthy Tétrault LLP

On December 11, 2017, the B.C. government announced its decision to complete construction of BC Hydro's 1,100-megawatt Site C Clean Energy Project (Site C) ...
OFCCP Updates Its Key Personnel; Quietly Announces New Director 
Ogletree, Deakins, Nash, Smoak & Stewart

According to an update on the website of the Office of Federal Contract Compliance Programs (OFCCP), there has been a shift in some "key personnel."
FERC Denies Rehearing Of Atlantic Sunrise Project Pipeline Approval 
Troutman Sanders LLP

On December 6, 2017, FERC denied requests for rehearing of its prior order ("February Order") authorizing Transcontinental Gas Pipe Line Company ("Transco") to build and operate its Atlantic Sunrise Project.
Announces Preliminary Highway P3 Bidding Guidelines 
Holland & Knight

On Dec. 7, 2017, the Ministry of Finance of the Republic of Argentina published the preliminary terms and conditions and technical specifications for Stage 1 of its first public-private partnership (P3)...
Substantial Comfort For Fund Managers 
Jersey Finance Limited

It is now six months since Jersey joined representatives of more than 70 jurisdictions at the OECD Headquarters in Paris to sign an agreement designed to prevent corporate profit shifting.
Nuevo requerimiento sobre reportes de cumplimiento fiscal en República Dominicana 
TMF Group

Con el fin de fortalecer la transparencia fiscal en República Dominicana, la Dirección General De Impuesto Internos publicó la ley 155-17 Contra el Lavado de Activos y el Financiamiento al Terrorismo.
FERC Approves MISO Tariff Revisions Related To Its Competitive Developer Selection Process 
Troutman Sanders LLP

On December 5, 2017, FERC approved a trio of proposed revisions to the Open Access Transmission, Energy, and Operating Reserve Markets Tariff ("Tariff") ...
Jury Gives Auto Parts Manufacturer A Pass On DOJ Conspiracy Claims 
McDermott Will & Emery

The case involved a rare trial involving criminal antitrust charges.
FCA Supports European Regulators On Variation Margin Requirements For Certain FX Forwards 
Cadwalader, Wickersham & Taft LLP

The UK FCA will not require firms to continue putting processes in place to exchange VM for physically settled FX forwards in preparation for the January 3, 2018 MiFID II applicability date.
State Aid In Disguise?—EC Investigates UK Tax Regime 
Jones Day

The European Commission has opened an in-depth investigation into a specific provision of the UK-controlled foreign company rules.
First Circuit Affirms Denial Of Motion To Compel Arbitration Of Non-Signatory Employee's Wage And Hour Claims 
Carlton Fields

As a condition of plaintiff Ouadani's employment with defendant TF Final Mile LLC (f/k/a/ Dynamex Operations East, LLC (Dynamex)) as a delivery driver, Ouadani was required to associate...
Panamá ahora requiere el Formulario de Evaluación Extra Situ  
TMF Group

La Ley #23 de 2015, adopta medidas para prevenir el blanqueo de capitales, el financiamiento del terrorismo y el financiamiento de la proliferación de armas de destrucción masiva.
Recent Ukrainian Pension Reform Overview 
Dentons

Ukraine has been trying to reform its crawling pension system in order to support its retired citizens with sufficient pension welfare and to attract pension charges into the development of its economy.
MSRB To Collect Additional Fee Data About College Savings And ABLE Programs 
Cadwalader, Wickersham & Taft LLP

The SEC approved an MSRB proposal to amend MSRB Form G-45 to require the underwriters of (i) college savings plans implemented in accordance with Section 529 of the Internal Revenue Code...
Whistleblowing And Foreign Bribery Bills Introduced Into Senate 
Baker & McKenzie

Whistleblowing and Foreign Bribery Bills introduced into Senate confirm Australian Government's intention to increase corporate compliance requirements.
La informalidad del empleo en Argentina: ¿motivará una reforma laboral?  
TMF Group

En Argentina, el costo laboral excede ampliamente al salario que recibe el trabajador, superando esa relación a la de la mayoría de los países de la región.
SEC Commissioner Offers Insights On "Mature" ETP Market 
Cadwalader, Wickersham & Taft LLP

SEC Commissioner Kara Stein described the current exchange-traded product ("ETP") marketplace and discussed how regulators can best keep up with significant market developments.
SEC Enforcement Action Involving Initial Coin Offering Muddies Jurisdictional Waters 
Reed Smith

The CFTC nevertheless asserted its general jurisdiction over commodities under the Commodity Exchange Act.
Data Protection Breaches: Vicarious Liability For Employee's Criminal Actions 
Dentons

WM Morrisons Supermarkets plc have been found vicariously liable for a data protection breach after an employee bearing a grudge deliberately published personal details of 100,000 of its employees on the internet.
Ecuador reforma su resolución sobre paraísos y regímenes fiscales 
TMF Group

El Servicio de Rentas Internas (SRI) de Ecuador modificó la resolución No. NAC- DGERCGC15-00000052, que establece el listado de paraísos fiscales y las normas que regulan la calificación...
CFTC Issues Guidance On CTA Registration Requirements Arising From Mifid II Research Payment Provisions 
Cadwalader, Wickersham & Taft LLP

The CFTC Division of Swap Dealer and Intermediary Oversight ("DSIO") published interpretative guidance to clarify CTA registration requirements in light of the MiFID II research compensation provisions.
An Entrepreneurial Expectation Of Risk: Yip v. HSBC Holdings 
Borden Ladner Gervais LLP

On the subsequent motion to address the costs to be awarded to the successful defendants, the Bank sought roughly $1 million in costs.
Proposed Law Would Criminalize Failures To Report Data Breaches 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

A draft bill recently introduced in the U.S. Senate serves as a good reminder that compliance with data breach reporting requirements is critical.
SEC Issues Cease And Desist Order Shutting Down ICO 
Cadwalader, Wickersham & Taft LLP

Munchee Inc., a California-based restaurant review company, shut down its ICO and issued refunds to investors after the SEC issued a cease-and-desist order for failing to register the tokens as a security.
UPC Legislation Clears Parliament 
Dehns

Following its consideration by the Grand Committee of the House of Lords last week, the Unified Patent Court (Immunities and Privileges) Order 2017 was formally approved by the House this afternoon.
FCA Finalises Account Comparison Rules 
Womble Bond Dickinson

FCA has published its final rules to require personal and business current account providers to publish information that will help comparison of services from different providers.

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