Mondaq Most Recent Articles-Tuesday, September 26, 2017

Taxpayers and advisers take note: it will soon be time to pay-out UPEs or convert them to Division 7A complying loans to avoid paying deemed dividends Pointon Partners Three safe harbour investment options aimed to ensure that a UPE of a company from a trust did not attract Division 7A.	The sun sets on test case on sunset clauses in NSW Kemp Strang Lawyers The legislation was introduced to prevent developers intentionally delaying registration of plans past the sunset date.
Putting cosmetic surgery under the microscope Carroll & O'Dea Despite the popularity of cosmetic procedures, the industry in Australia is less regulated than other areas of medicine.	Legal assistance for cyclists – Hit & Run Carroll & O'Dea If you are injured, you can still make a claim if you don't know the registration number of the vehicle that hit you.
B2B focus: ACCC tests small business protections in new unfair contracts regime Corrs Chambers Westgarth Protections from unfair contract terms in standard form contracts, once reserved for consumers, extend to small business.	ASIC releases its guidance on equity crowd-sourced funding (CSF) McCullough Robertson ASIC released a regulatory guide on equity crowd-sourced funding to assist companies raising funds via the new regime.
Federal Court Of Canada Rejects NIAs, And Strikes S. 8 Damages In LOSEC (Omeprazole) Patent Infringement Damages Decision McCarthy Tétrault LLP In AstraZeneca v Apotex, 2017 FC 726, the Federal Court issued its damages decision concerning Apotex's infringement of a patent pertaining to AstraZeneca's LOSEC (omeprazole) drug.	CBSA Accepting Tips On Import Of Dangerous Counterfeits And Pirated Goods Bereskin & Parr LLP "Dangerous" goods are those that represent a health, safety, or security threat. The Border Watch Line is a confidential tip line that is monitored 24/7 by the CBSA.
M&A In The Fashion Industry: An Employment Law Perspective Fisher Phillips LLP On the (high) heels of the July 25 announcement that New York-based Michael Kors Holdings will acquire luxury shoe brand Jimmy Choo Plc for $1.2 billion...	Seventh Circuit Rejects Subway Footlong Class Settlement As A "Racket" BakerHostetler A recent Seventh Circuit decision pushed back on a proposed settlement of the Subway "footlong sub" class action...
Veil Piercing/Alter Ego Determinations – How Fund Managers Can Protect Themselves Proskauer Rose LLP A veil piercing claim can be a worst-case scenario for a private fund manager dealing with a struggling portfolio company investment – the company fails, and ensuing legal claims are brought not only against the portfolio company, ...	#CAUTION: FTC Ramps Up Enforcement Of And Education On Social Media Influencer Disclosure Requirements Sheppard Mullin Richter & Hampton And consequently, the Federal Trade Commission (the "FTC") is paying attention more than ever.
AESO Issues Its Long-Term Outlook For Electricity In Alberta Borden Ladner Gervais LLP The forecast is called the Long-term Outlook ("LTO"), and the AESO uses it to help guide transmission planning in Alberta.	OFCCP Holds First Of Three Compliance Assistance Town Hall Meetings Proskauer Rose LLP As we previously reported, the OFCCP announced in August that it would hold three "compliance assistance" town hall meetings.
Looking Ahead To The 2018 Proxy Season: Preparing For CEO Pay Ratio Rules Disclosure Requirements Proskauer Rose LLP As part of the Dodd-Frank Wall Street Reform and Consumer Protection Act enacted in July 2010, Congress directed the Securities and Exchange Commission to adopt pay ratio disclosure ...	Losses Caused By Hurricanes: Are You Covered? K&L Gates This hurricane season represents the first time in the history of record keeping that two Category 4 or higher hurricanes, Harvey and Irma, have struck the U.S. mainland in the same year.
Amendments To The Residential Tenancies Act Devry Smith Frank LLP On Friday, September 1, 2017, changes to the Residential Tenancies Act, 2006 ("RTA") affected how landlords can terminate a tenancy.	A Primer On The Canada-European Union Comprehensive Economic And Trade Agreement Blake, Cassels & Graydon LLP CETA is the Comprehensive Economic and Trade Agreement between Canada and the European Union (EU) and its member states.
Canadian Companies Are Affected By New U.S. North Korea Sanctions LexSage On September 21, 2017, President Trump signed "Presidential Executive Order on Imposing Additional Sanctions with Respect to North Korea".	What Should Canadian Businesses Do When Canada Releases A New List of Persons Subject To Economic Sanctions/ Asset Freezes? LexSage On September 22, 2017, Canada imposed unilateral economic sanctions and asset freezes against 40 officials in the Venezuelan Maduro regime. Prior to the September 22, 2017 sanctions, Canada did not impose any economic sanctions against foreign officials in Venezuela.
2017 Mid-Year Cross-Border Government Investigations And Regulatory Enforcement Review BakerHostetler Welcome to BakerHostetler's 2017 Mid-Year Cross-Border Government Investigations and Regulatory Enforcement Review.	CETA Is NOT NAFTA: 7 Things You Should Know About CETA LexSage On September 21, 2017, the Canada-European Union Comprehensive Economic and Trade Agreement entered into effect provisionally. Importantly, the customs duty reductions and eliminations took effect today.
CETA Implementation: New Era Of Pharmaceutical Patent Litigation Begins McCarthy Tétrault LLP The provisional application of CETA takes effect in Canada today, ushering in a new era for pharmaceutical patent litigation.	Florida Development Permits Eligible For Extension Due To Hurricane Irma Holland & Knight A permit and development order extension opportunity is available as a result of the threat posed to Florida by the recent Hurricane Irma.
Canada Has Imposed Economic Sanctions and Asset Freezes On The Venezuelan Maduro Regime LexSage On September 22, 2017, Canada has finally followed the United States and has imposed unilateral economic sanctions on the Maduro Regime in Venezuela.	IRS Issues Regulations On Disguised Sale Rules Proskauer Rose LLP Peter Fass authored an article on the Internal Revenue Service's regulations that change the partnership disguised sale rules.
Final Toll For Bell Pottinger Sounds Governance Warning ICSA The collapse of Bell Pottinger, a public relations firm which pioneered work with financial services and represented authoritarian regimes worldwide...	Calculating Patent Term Adjustment: Part 2 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. This article is second in a series focusing on various issues related to Patent Term Adjustment for U.S. patent applications.
Vapor Intrusion: Why Property Owners And Purchasers Really Need To Pay Attention. Dickinson Wright PLLC An increasing degree of attention is being paid to instances of vapor intrusion, the process by which volatile chemicals migrate, in vapor form, from soil or groundwater into indoor air spaces of buildings.	Tesla Bringing Supercharger Stations To Boston And Chicago Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. On September 11th, Tesla announced the opening of Supercharger stations in downtown Boston and Chicago, representing the first step in the company's effort to expand its Supercharger network into urban areas.
Opinion: Take Action Against Divisiveness Ice Miller LLP Once upon a time in America, the cardinal rule in the workplace was this: "Don't discuss politics, religion, race or sex."	Council On Environmental Quality Releases Initial List Of Actions To Streamline NEPA Reviews WilmerHale Last week, the Council on Environmental Quality (CEQ) released an initial list of actions to implement Executive Order 13807...
Tennessee Department Of Health Grants COPA Request For Health Care Alliance Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. On September 19, 2017, the Tennessee Department of Health ("TDOH") granted the request for a Certificate of Public Advantage ("COPA") from Wellmont Health System and Mountain States Health Alliance.	Transport Canada Provides Clarification Regarding Phase-Out Of Certain Tank Cars Used For Transportation Of Crude Oil Cassels Brock The Transportation of Dangerous Goods Regulations1 (TDG Regulations) have been amended2 to provide clarification regarding the phase-out of DOT-111 tank cars used to transport crude oil within Canada.
Criminal Justice: How Best To Stop Economic Crime WilmerHale The Solicitor General's answer was pragmatic and unequivocal. Economic crime can only, he opined, be properly tackled by a coordinated response from...	FY2019 Diversity Lottery Instructions Are Now Available Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. The U.S. Department of State has announced that registration for the 2019 Diversity Immigrant Visa Program, also known as the Green Card Lottery, will commence at noon, EDT, Tuesday, October 3, 2017.
Cleaning Up After The Storms Lowndes, Drosdick, Doster, Kantor & Reed, P.A. While Florida was bracing for the impact of Hurricane Irma, Governor Rick Scott issued Executive Order No. 17-235, declaring a state of emergency for all 67 of Florida's counties.	The Final Countdown – AESO Opens Request For Proposal Stage In Round 1 Of Alberta's Renewable Energy Program McCarthy Tétrault LLP On September 15, 2017, the Alberta Electric System Operator (AESO) announced the opening of the final Request for Proposal (RFP) stage of Round 1 of the Renewable Energy Program (REP).
City Giving Day 2017 – BDBF Supports Smart Works Brahams Dutt Badrick French LLP Tuesday 26 September 2017 is City Giving Day, and City employment law firm BDBF will be supporting Smart Works.	Social Insurance Card Borden Ladner Gervais LLP All persons 18 years of age or over who are employed in pensionable employment must obtain a Social Insurance Number and a S.I.N. Card from Service Canada for the purpose of contributing...
Employee Deductions / Employer Contributions Borden Ladner Gervais LLP Employers are required to make deductions at source from the earnings of their employees for taxes imposed under the federal and provincial income tax acts.	Employment Contracts Borden Ladner Gervais LLP Individual contracts of employment are generally governed by the Civil Code of Québec (the "Civil Code").
Claim Dismissed For Lack Of Article 33 Jurisdiction Clyde & Co Plaintiffs Lin Yang and Jing Zhang brought a claim against defendant Asiana Airlines, Inc. to recover damages for personal injuries they allegedly sustained while traveling as passengers...	Youth Employment Law Addresses Safety And Human Rights Concerns Ridout Barron As students across the country move into a higher grade this September, many will be thinking about getting their first part-time job.
When Tax-Free Savings Accounts Are No Longer Tax Free: The Canada Revenue Agency's Aggressive Audit Campaign Against TFSAs Carrying On A Business—A Canadian Tax Lawyer's Analysis Rotfleisch & Samulovitch P.C. Introduced in 2009, the tax-free savings account allows individuals to set money aside tax free. While you cannot claim tax deductions for your TFSA contributions, the TFSA's earnings are tax free even when withdrawn.	Tax Avoidance & Tax Planning – General Anti-Avoidance Rule – Canadian Tax Lawyer Analysis Rotfleisch & Samulovitch P.C. The line between effective tax planning and tax avoidance is not always a bright one. In fact, taxpayers may find themselves in the crosshairs of the CRA even if they have complied with the letter of the law.
Review Of Ireland's Corporation Tax Regime Matheson Ireland's Minister for Finance (the "Minister") welcomed the results of the independent review of Ireland's corporation tax regime (the "Review") issued on 12 September 2017:	Draft South African Protection Of Personal Information Regulations Have Arrived ENSafrica The long-awaited draft South African Regulations Relating to the Protection of Personal Information, 2017 (the "draft Regulations") were published today, 8 September 2017.
"Eyes Open, Nose In, Fingers Out": Understanding And Managing The Potential Risks Of Signing On As A Corporate Director Gowling WLG Acting as a corporate director can be a highly energizing and rewarding experience, whether it's for a publicly traded company, a private company, or a not-for-profit or charitable organization.	Compliance With The Protection Of Personal Information Act: Are You Ready? ENSafrica The Protection of Personal Information Act, 2013 promotes the protection of personal information by requiring that public and private bodies comply with certain standards when collecting...
An Online Store Called Glamazon ENSafrica There's an interesting trade mark case brewing in Australia, one that has some useful trade mark lessons.	USCIS Resumes Premium Processing For Cap Subject H-1B Petitions Foley Hoag LLP As of Tuesday, September 19, 2017, the U.S. Citizenship and Immigration Services (USCIS) resumed accepting requests for premium processing for cap subject petitions.
Emergency Rules Requiring Generators In Florida Alfs And Nursing Homes Holland & Knight As a result of Hurricane Irma, eight nursing home residents died after a power failure in a Hollywood, Florida nursing home.	Tax Views: Appealing Tax Assessments A Long And Expensive Journey TaxChambers LLP Taxpayer appeals to the Canada Revenue Agency (CRA) are the first step in resolving tax disputes following an assessment for taxes.
H-1B Premium Processing Resumed Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. On September 18, 2017, USCIS resumed premium processing for all H-1B visa petitions that are subject to the FY2018 annual cap.	UK Publishes Data Protection Bill Dentons On Thursday 14 September 2017, the UK published its new Data Protection Bill. It comes with much fanfare that it will underpin a world class privacy regime for the UK...
SEC Confirms Reg A+ Issuers Can Defer Some Financial Reporting Even When Seeking Exchange Listing Duane Morris LLP The Regulation A+ rules adopted by the SEC in 2015 included scaled reporting obligations to assist in reducing issuers' offering costs as against a traditional IPO.	NEPA, Energy, And Infrastructure – The Times They Are A Changin'? Morrison & Foerster LLP For energy and infrastructure project developers, investors, and market participants, the past few weeks introduced increased regulatory uncertainty around the environmental reviews required...
Texas Federal Court Dismisses Defamation And Malicious Prosecution Claims Brought By Passenger Clyde & Co On a United Airlines flight from Houston's George Bush Intercontinental Airport to Bogota, Colombia, passengers Carmen Lenchin and her then-husband became involved in an altercation...	Health & Safety Executive (HSE) – Fee For Intervention – Changes To The Review Process Brodies LLP From September 2017, the panel reviewing disputed invoices under the Fee For Intervention (FFI) Scheme will be fully independent of the HSE.
Words Matter: The Third Circuit Clarifies That A Single Racial Slur In The Workplace May Be Enough To State A Hostile Work Environment Claim. Seyfarth Shaw LLP Telling African-American employees "that if they had ‘n—– rigged' the fence, they would be fired" may be enough, standing alone, to state a hostile work environment claim.	Action Against Companies Who Have Failed To Update Their PSC Register Jordans, A Vistra Company Each of these pieces have emphasised the seriousness of a company's failure to maintain and keep its PSC register up-to-date.
Section 4980H Large Employer Penalties – IRS Signals The Health Coverage Penalties Remain In Force Snell & Wilmer L.L.P. Many employers were hopeful that the Code Section 4980H penalties would be repealed now that Republicans control Congress and Trump is in the White House.	GDPR: The Devil's Not In The Detail, It's Somewhere Else! Jordans, A Vistra Company On 13 September 2017, the UK government published its Data Protection Bill which will supplement the GDPR.
Are CLOs Too Good To Be True? TMF Group Getting an attractive yield on your investment while playing it safe sounds like a great combination, but this is not true when you are investing in collateralised loan obligations (CLOs).	In Case You Missed It: Launch Links - Week Of September 17, 2017 WilmerHale Even at an early stage, these tips may shape your strategic outlook.
Proposed Amendments To Ontario Bill 148 Address Security And Confidentiality Of Employee Lists Disclosed During Union Campaigns Norton Rose Fulbright Canada LLP The Fair Workplaces, Better Jobs Act, 2017, introduced on June 1, 2017, proposed adding a new section 6.1 to provisions in the Ontario Labour Relations Act, 1995 that address union campaigns...	Capital Formation Bills Advance In The Senate Morrison & Foerster LLP Last week, the Senate passed three bipartisan bills that promote access to capital for small businesses and startups.
What You Need To Know About North Korea Executive Order Ropes & Gray LLP Since President Trump's inauguration, North Korea and the international community have been engaged in a series of provocations and retaliatory actions.	Massachusetts Pregnant Workers Fairness Act Takes Effect April 1, 2018 Ford & Harrison LLP Executive Summary: A new Massachusetts law, the Pregnant Workers Fairness Act, will expand existing legal protections for pregnant employees beginning April 1, 2018. Most notably, employers...
In The Third-Largest FCPA Enforcement Action Ever, Telia Agrees To Pay Almost $1 Billion To Resolve Bribery Inquiry In Uzbekistan; CEO, Senior Executive, And In-House Counsel Also Charged Ropes & Gray LLP In the first blockbuster FCPA action of the Trump administration, on September 21, 2017, Swedish telecommunications company Telia agreed to pay $965 million in total penalties to the DOJ and SEC ...	Canada – EU Free Trade Agreement: CETA To Provide Canadian Companies With Increased International Mobility Options Norton Rose Fulbright Canada LLP The provisions of the CETA came into force on September 21.
Amendments To The Ontario Bill 148 Include New Entitlement To Domestic Or Sexual Violence Leave Norton Rose Fulbright Canada LLP The version of Ontario Bill 148 introduced by Premier Wynne and Labour Minister Flynn in June included significant changes to the personal emergency leave entitlement under the current Employment Standards Act, 2000.	Ontario Bill 154: Perfection By VIN Miller Thomson LLP On September 14th Ontario Bill 154, Cutting Unnecessary Red Tape Act, 2017 passed first reading.
Outside Firms See Boston As Market Of Opportunity Womble Carlyle Last month, Womble Carlyle announced plans to open a new office in Boston—the firm's first in the Northeast and New England.	Internet And Cybercrime For Lawyers Womble Carlyle In this presentation, O'Rourke introduced basic concepts of web technology so that attorneys without training in computer science can better understand and communicate about legal issues related to the Internet.
New Legal Publication: Discovery: Atlantic Education & The Law Stewart McKelvey Stewart McKelvey is pleased to announce the creation of Discovery: Atlantic Education and the Law, a publication specifically designed for universities and colleges.	No Easy Way Out - Irish Real Estate Funds Revenue Guidance Maples and Calder Finance Act 2016 introduced a new regime for the taxation of Irish property funds known as Irish Real Estate Funds, or IREFs. It imposed a new 20% withholding tax on distributions from Irish real estate funds.
Reviewing The Justices' Voting Records In Death Penalty Appeals, 1990-2010 (Part 1) Sedgwick LLP In Table 551, we report the fraction of each Justice's votes between 1990 and 1994 for affirmance of a death judgment, or partial reversal with the sentence affirmed.	AIB v Rostaff Property Development Ltd Maples and Calder The recent decision of Barrett J in AIB v Rostaff Property Development Ltd (High Court, 7 September, 2017) once again highlights the difficult area of undue influence in the context of guarantees...
Actavis V Eli Lilly - Should We Have Seen It Coming? Gowling WLG The UK Supreme Court's 12 July 2017 judgment in Actavis v Eli Lilly is undoubtedly a landmark decision, re-steering UK law regarding patent infringement by introducing a doctrine of equivalents.	SEC Provides Additional Pay Ratio Interpretive Guidance Ropes & Gray LLP The Securities and Exchange Commission yesterday issued interpretive guidance on the CEO pay ratio rule. Separately, the SEC's Division of Corporation Finance issued guidance on calculation of the pay ratio.
Reproductive Technology And Estate Law: The Road To Progress Is Paved With Good Intentions O'Sullivan Law On January 1, 2017, most of the provisions of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendments), 2016 (S.O. 2016, c. 23) came into effect in Ontario.	Uruguay's Free Trade Zones: A Tool To Boost Investment TMF Group When thinking about a new destination to operate, companies continue to choose areas such as Free Trade Zones, which have a high growth potential.
CFPB Issues Two HMDA-Related Items Mayer Brown Yesterday, the CFPB issued two HMDA-related items – a final rule amending federal Regulation B's information collection provisions and a proposed policy document addressing which HMDA data fields...	Upcoming CMS Clinical Diagnostic Lab Test Advisory Panel Meeting To Consider Lab Test Rates Reed Smith The Medicare Advisory Panel on Clinical Diagnostic Laboratory Tests (CDLTs) is holding a public meeting on Monday, September 25, 2017.
Department Of Labor Announces Increase To Minimum Wage For Government Contractors Reed Smith The current minimum wage under Executive Order 13658 is $10.20 per hour.	Financing Risks Of Vessel Modification Outside The United States Reed Smith Whilst there is much in the news at the moment about the relaxing of the Jones Act in the aftermath of the recent (and on-going) hurricanes, we consider the financing risks of vessel modification...
U.S. Department Of Transportation Unveils Updated, Softer Policy Guidelines On Autonomous And Connected Vehicles Warner Norcross & Judd LLP Last week, the U.S. Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) released new policy guidelines for autonomous and connected vehicles.	Deja Vu: Bursting The Digital Bubble Reed Smith Economist Hyman P. Minsky's views on boom to bust in Stabilizing an Unstable Economy are often cited as a roadmap for market evolution.
CFTC Interviews Harvard Law Professor On "Connectedness And Contagion" Cadwalader, Wickersham & Taft LLP In a "CFTC Talks" podcast interview conducted by CFTC Chief Market Intelligence Officer Andrew Busch	FINRA Publishes Guidance On TBA Margin Rules Cadwalader, Wickersham & Taft LLP FINRA published new guidance on various issues stemming from amendments made to FINRA Rule 4210 (margin) for "Covered Agency Transactions."
A Category 5 Compliance Problem: Hurricane Irma Gives Providers A Stark Reminder Of Emergency Preparedness Realities Carlton Fields The havoc that Hurricane Irma caused in the Caribbean and most of Florida reminds us of the Centers for Medicare and Medicaid Services (CMS) requirements for emergency preparedness, which take effect November 15.	Changes In Statutory Provisions For Romanian VAT Split System TMF Group From 1 October 2017, Romanian taxpayers registered for VAT purposes can choose to apply the VAT split payment system. It becomes mandatory as of January 2018.
New York DFS Proposes Expanding Cybersecurity Regulations To Include Credit Reporting Agencies Cadwalader, Wickersham & Taft LLP Under the proposal, credit reporting agencies would be obligated to register with the DFS.	New Rules Promoting Free Cross Border Flow Of Non-Personal Data In The European Union K&L Gates On September 13 the European Commission ("Commission" or "EC") issued a proposal for a new Regulation on a framework for the free flow of non-personal data in the EU.
Draft Of The Data Protection Bill Published By The UK Government Reed Smith (Worldwide) On 14 September 2017, the Government published the long-awaited draft of the Data Protection Bill.	France Set For A Labour Law Shake-Up In 2018 TMF Group Now equipped with the power to change French labour laws through a simple presidential decree, President Emmanuel Macron is set to make a number of workplace law changes.
Know Your Customer: Maximising The Potential Of Regulatory Technology In Meeting Your Anti-Money Laundering Obligations TMF Group Investing in technological solutions to help meet your Anti-Money Laundering (AML) obligations has become a necessary investment to many.	Changes To EU Trade Mark Law On 1 October 2017 Gowling WLG Key changes to the EU Trade Mark Regulation come into force on 1 October 2017.