Mondaq Latest Added Articles

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The easy allegation that is hard to prove: appealing selection decisions in sport affected by bias 
Wynn Williams Lawyers

This article looks at allegations of bias from the New Zealand Sports Tribunal and the Court of Arbitration for Sport.
High Court confirms that conditions of development approvals are enduring personal obligations 
McCullough Robertson

Conditions of development approval attach to land and bind successors in title, even where the land is reconfigured.
Residential Focus - 14 March 2018 - Part 2 
Holding Redlich

This newsletter has links to recent media releases, reports, cases and legislation relating to residential property.
Residential Focus - 14 March 2018 - Part 1: Unlicensed building 
Holding Redlich

The decision is a warning to repeat offenders who undertake or supervise construction work without a contractor licence.
Financing Issues Under The Tax Act (Video) 
McDermott Will & Emery

Financing Issues Under The Tax Act (Video)
Bed Time! Uber Announces Mandatory Rest Periods 
Fisher Phillips LLP

In a move met with near-universal praise, Uber recently announced it will now require drivers take at least six hours of time off for every 12 hours they spend driving.
GDPR Privacy Notice For Employees – What Employers Need To Know 
Taylor Vinters

As part of the GDPR 12 month countdown series, the Taylor Vinters HR GDPR team consider Employee Privacy Notices, and explain why all employers must give thought to constructing meaningful documentation in advance of 25th May 2018.
Channel Islands Data Protection Laws Gain Privy Council Approval 
Carey Olsen

The UK Privy Council has given its approval to Guernsey's new Data Protection Law.
Recent Changes To The Workers' Compensation Board's Interpretations Of New York Paid Family Leave Deductions And Voluntary Coverage 
Seyfarth Shaw LLP

The Board has recently revised its interpretation of two key provisions of the New York Paid Family Leave ("PFL") Law:
Law Professors Urge Supreme Court To Overturn Conviction In Spoofing Case 
Cadwalader, Wickersham & Taft LLP

In an amicus brief filed with the U.S. Supreme Court in Michael Coscia v. United States, two law professors, Ronald Filler and Jerry Markham, argue that the government's criminal prosecution of Mr. Coscia ...
CFTC Commissioner Calls For Principles-Based Approach To Dodd-Frank Reforms 
Cadwalader, Wickersham & Taft LLP

CFTC Commissioner Rostin Behnam advocated for a principles-based approach to the implementation of Dodd-Frank initiatives and encouraged the FSOC to take several steps to address FinTech-related regulatory issues.
House Committee Reviews Regulation Of Cryptocurrencies And ICOs 
Cadwalader, Wickersham & Taft LLP

At a U.S. House Financial Services Committee hearing, witnesses outlined their recommendations for Congress concerning the regulation of cryptocurrencies and initial coin offering ("ICO") markets.
Blockchain In Energy – Where Do We Stand? Where Do We Go From Here? 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

For all the publicity generated by the recent increase in value of Bitcoin, as well as the generally increasing awareness of the existence of blockchain technology, the recent Blockchain in Energy...
Court Of Appeal Success Could Save Taxpayers Millions Of Pounds 
Clyde & Co

Judgment has recently been handed down by the Court of Appeal in three test cases brought by NHS Resolution which could potentially save taxpayers many millions of pounds.
Trump Administration Signals Exemptions To Steel Tariffs Are A Long Shot 
Seyfarth Shaw LLP

Builders and manufacturers who rely on imported steel as a major input may want to rethink their procurement strategy in light of an executive domestic preference decree issued last week.
The Latest Non-Answer To The Student Loan Debt Burden: Foregoing Social Security Benefits 
Davis & Gilbert

College students – prepare to be educated on a new case of Hobson's choice, a term typically used to describe situations where there appears to be a choice available, but in reality, there is no choice at all.
Crowd Control – A Move Towards The Regulation Of Crowdfunding In Ireland 
Ronan Daly Jermyn

"Crowdfunding: obtaining small amounts of individual funding from a large number of different sources through online platforms that match lenders and investors with businesses or individuals seeking finance".
Understanding Your Child's Online Life 
Withers LLP

Anyone who has ever tried to wrestle an iPad or phone from the sticky hands of a child, or worse, a grumpy teenager, already knows that time spent online has overtaken television in the hearts and minds of children.
Attitudes Towards Captive Insurance In Asia (Simplified Chinese) 
Labuan IBFC Inc

本次调查由《自保评论》和纳闽国际商业和金融中心联合发起,原文为英文,韦莱韬悦中国自保 与相互保险团队为中文版提供支持。
Janela partidária adia instalação das comissões permanentes da Câmara dos Deputados 
TozziniFreire Advogados

O ano legislativo de 2018 iniciou-se, oficialmente, no dia 05 de fevereiro, quando, em sessão solene, os presidentes da Câmara e do Senado fizeram a abertura dos trabalhos legislativos...
Supreme Court Alert: The Court Provides Additional Guidance On The Appropriate Level Of Review Of Determinations Of Mixed Questions Of Law And Fact By The Bankruptcy Court 
Caplin & Drysdale

On March 5, 2018, the Supreme Court issued a unanimous decision in U.S. Bank National Ass'n ex rel. CWCapital Asset Management LLC v. Village at Lakeridge, LLC, holding that bankruptcy court determinations ...
L'AMF ordonnée de rendre des documents privilégiés saisis lors d'une perquisition 
Clyde & Co

Des documents privilégiés qui ont été saisis au domicile et à la place d'affaires de deux personnes soupçonnées d'avoir commis un délit d'initié devront leur être retournés par l'Autorité des marchés financiers.
The Lookout – March 2018 
Lewis Brisbois Bisgaard & Smith LLP

The Lookout provides readers with a snapshot of some important developments in maritime law and the maritime industry that are being monitored by the Admiralty, Maritime & Energy Litigation Practice at Lewis Brisbois.
Who Will Volunteer For Hong Kong's Voluntary Health Insurance Scheme? 
Clyde & Co

The long-awaited details of the proposed Voluntary Health Insurance Scheme (VHIS) were announced on 1 March 2018.
Final Date For Submission Of Tax Returns By Companies 
Elias Neocleous & Co LLC

Taxpayers are urged to do so without delay so as to avoid any last-minute rush.
The Online Single Market Moves A Step Closer 
Mishcon de Reya

In late February 2018, the EU adopted a Regulation which, from December 2018, will prohibit unjustified geo-blocking.
Establecer -o no- una Estrategia de Propiedad Industrial e Intelectual. El dilema de las Startups 
Clarke, Modet & Co

Actualmente, la principal fuerza motriz de los negocios de éxito es el conocimiento técnico nuevo e inventivo o la expresión creativa de las ideas.
Owning The Patent Isn't Always Enough For Standing 
Jones Day

In a recent Initial Determination ("ID"), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred.
Federal Biodiversity Agency Introduces New Procedures For Environmental Compensations Agreements 
Veirano e Advogados Associados

On February 7, 2018, the Chico Mendes Institute for the Conservation of Biodiversity the federal agency empowered to manage Preservation Units in Brazil published Ruling Ordinance No 3, of February 2, 2018, ...
IBAMA Establishes New Deadline For Environmental Regularization Of Radioactive Installations 
Veirano e Advogados Associados

On the 16th of February 2018, the Brazilian Institute for the Environment and Natural Resources ("IBAMA"), published Normative Instruction IBAMA/MMA No 7 of February 14.
Brazilian Forest Code Is Majority Constitutional, Says Supreme Court 
Veirano e Advogados Associados

The Brazilian Supreme Court (STF) has partially accept the Direct Unconstitutional Action #4901, #4902, #4903 and #4937, as well the Direct Constitutional Action #42 to confirm as constitutional 49...
The Minimum Energy Efficiency Standard: What Is It And How Will It Affect You? 
Wrigleys Solicitors

As from April 2018 the Minimum Energy Efficiency Standard (MEES) could prevent landlords from letting properties with low EPC ratings.
eLABORate: Deadline For Employers To File EEO-1 Report - March 31, 2018 
Phelps Dunbar LLP

The March 31, 2018 deadline for employers to file the federally mandated EEO-1 report is rapidly approaching. The EEO-1 is a compliance survey that requires company employment data...
High Net Worth Taxpayers (Video) 
McDermott Will & Emery

High Net Worth Taxpayers
Prosecution Pointer 120 
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

The WIPO website has training materials that include a PCT video series on how to file your international application.
Cayman Appeal Court Applies Minority Discount In Appraisal Cases Under Section 238 Of The Companies Law 

Following the Cayman Islands Court of Appeal's recent decision in Re Shanda Games Limited, dissenting shareholders will need to take into account the commercial impact of a minority discount on the value of...
Cultural Considerations When Doing Business In India 
TMF Group

India is a multilingual, multi-ethnic society, with notable cultural differences between the north and south. A thorough understanding of the underlying values and beliefs of the local culture is crucial...
TTAB Test: Is "S-LON" Confusable With "C-LON" For Thread?  
Wolf, Greenfield & Sacks, P.C.

The USPTO refused registration of the mark S-LON for "yarns and threads for use in making beaded jewelry...
Precedential And Informative Board Decision On Serial IPR Petitions 
Marshall, Gerstein & Borun LLP

Serial IPR petitions directed to previously-challenged patents account for many of the petitions filed with the PTAB; however, 35 U.S.C. § 325(d) provides the Board with discretion to reject petitions...
The New World Order In US Healthcare: Amazon, Berkshire Hathaway And JPMorgan Chase 
Seyfarth Shaw LLP

On 30 January 2018, three major companies representing over 1.2 million employees announced their plans to form a nonprofit company to embark on an ambitious venture to take back control ...
Don't Let Employment Issues Be An Afterthought 
Mishcon de Reya

Few entrepreneurs start a business relishing the opportunity to deal with the nitty-gritty of bureaucracy – in fact, avoiding it is the reason many choose the startup life in the first place.
Construction And Interpretation: Aggregation Clauses 
Mishcon de Reya

In August 2017, the prison sentence of Ian Paterson, the disgraced breast cancer surgeon, was increased to 20 years.
Ban On Asylum Seekers Working In Ireland Declared Unconstitutional 
Mason Hayes & Curran

In May 2017, the Supreme Court ruled that the prohibition on asylum seekers working in Ireland was unconstitutional.
How To Divorce A Narcissist 
Dickinson Wright PLLC

Someone with a narcissistic personality usually has a heightened sense of arrogance and lack of empathy for other people.
Government Decides On "Infrastructure Mortgage" 

Below we provide a more detailed description of the key measures envisioned by the roadmap.
GILTI Implications (Video) 
McDermott Will & Emery

Partners Caroline Ngo, Enrica Ma and Alexander Lee discuss the implications of the GILTI provision and possible planning opportunities.
The ICC's Expedited Procedure Provisions Explained 
Bezen & Partners

The Rules of Arbitration of the International Chamber of Commerce in force as of 1 March 2017 offer access to simplified arbitration proceedings under the new Expedited Procedure Provisions...
'Ahead Of Its Time' Guernsey Trusts Law Reaches 10-Year Anniversary 
Carey Olsen

The Guernsey Trusts Law remains a reminder of the jurisdiction's ability to innovate and to adapt to changing market conditions, according to leading trust and fiduciary lawyer Russell Clark.
Kefalet Sözleşmesi 
Ozogul Yenigun & Partners

Kefalet sözleşmesi; Türk Borçlar Kanunu ("TBK") m.581 uyarınca, kefilin alacaklıya karşı, borçlunun borcunu ifa etmemesinin sonuçlarından kişisel olarak sorumlu olmayı üstlendiği sözleşme niteliğini taşımaktadır.
Trump On Trade: What New US Steel And Aluminum Duties Mean For Businesses 
Baker & McKenzie

On 8 March, President Trump signed two proclamations – one on steel imports and one on aluminum imports.
Credits And Creditors In Focus: How To Effectively Resolve Tax Investigations? 
Khaitan & Co

The last few years have witnessed increased scrutiny by the tax department of credits in the books of accounts of the taxpayers and the source of such credits.
The Best Wisconsin Law Decision We've Ever Seen, Affirmed 
Reed Smith

The district judge in the In re Zimmer Nexgen Knee Implant Products Liability Litigation MDL issued a summary judgment order in October 2016 that we called "the best Wisconsin law decision we have ever seen."
India-Mauritius Tax Treaty: AAR Re-Iterates Need For ‘Substance' 
Khaitan & Co

India-Mauritius Tax Treaty has always attracted interest of international investor community as well as the tax authorities.
Colorado Supreme Court Clarifies The Statute Of Limitations Under The Colorado Wage Act, Closing The Door On Stale Claims 
Littler Mendelson

The Colorado Supreme Court recently clarified the applicable statute of limitations for wage claims in the State of Colorado.
Correcting Offshore Tax Problems Before And After IRS Closes Offshore Voluntary Disclosure Program On September 28, 2018 
Duane Morris LLP

It's not too late to correct your U.S. tax filing compliance errors related to offshore holdings, but time is quickly running out.
The Week In Weed: March 16, 2018 
Seyfarth Shaw LLP

Welcome back to The Week in Weed, your Friday look at what's happening in the world of legalized marijuana.
Check Your Privilege: Meaningful Narrative And An Irish Solicitor's Confirmatory Affidavit 
Maples and Calder

In preparing for a trial, parties are required to seek out and disclose on affidavit certain categories of documents to one another.
#10thingssh You Need To Know About The Draft NPPF Reforms  
Stephenson Harwood

Last week, the Government released a long-awaited consultation draft to proposed National Planning and Policy Framework (the "NPPF") policy reforms
Brussels Has A Change Of Heart Over Trade Deals 

In what appears to be a major about turn it is being reported that Brussels has conceded and is now prepared to allow Britain to sign trade deals whilst the UK is still within the single market...
Section 163(j) Interest Limitation (Video) 
McDermott Will & Emery

Partners Jay Singer and Alexander Lee discuss the ins and outs of the section 163(j) limitation as it applies to consolidated groups, partnerships, and other US taxpayers.
SEC Issues Statement And Guidance On Public Company Cybersecurity Disclosures 
Fredrikson & Byron, P.A.

On February 21, the SEC issued a statement and interpretive guidance to assist public companies in preparing disclosures about cybersecurity risks and incidents.
Digital Realty Trust Decision Increases Incentive To Bypass Internal Reporting 
Fredrikson & Byron, P.A.

As noted in a previous Ticker report, Dodd-Frank's language is ambiguous
STJ julga se é crime deixar de recolher ICMS declarado  
Veirano e Advogados Associados

A 3ª Seção do Superior Tribunal de Justiça (STJ) iniciou julgamento de processo que discute se pode ser considerado crime o não recolhimento de valores de ICMS declarados corretamente pelo contribuinte.
SEC Eyes Dual Class Shares For Reform 
Fredrikson & Byron, P.A.

Might the SEC require sunsetting of dual-class shares listed on stock exchanges? Two recent speeches by the Democrat members of the Securities and Exchange Commission (SEC)...
Reprimands Of Big Banks Highlight Importance Of Effective Oversight By Boards, Board Chairs And Lead Directors 
Fredrikson & Byron, P.A.

The Ticker has previously cited Wells Fargo's unauthorized accounts scandal as highlighting the importance of ethics oversight at the board level.
Congress, SEC Advance Initiatives For Smaller Public Companies 
Fredrikson & Byron, P.A.

Small public companies may soon find life easier when it comes to filing forms and accessing capital, thanks to pending initiatives in Congress and at the SEC.
European Medicines Agency's Pharmacovigilance Risk Assessment Committee Recommends New Measures To Avoid Valproate Exposure In Pregnancy  
Singh & Associates

On February 09, 2018, the European Medicines Agency's experts in medicines safety - the Pharmacovigilance Risk Assessment Committee, has recommended new measures to avoid exposure of babies to valproate medicines in the womb.
New Social Media Law In The UAE And Other Global Updates From The ANA Advertising Law Conference 
Frankfurt Kurnit Klein & Selz

Here are some of the key take-aways from the "Getting to 'Shi,' 'Si,' 'Oui,' and "Na'am' for Global Campaigns" panel presented at the 2018 ANA Advertising Law & Public Policy Conference.
SCOTUS Watch: Relief For Defendants In State Securities Suits? 
Fredrikson & Byron, P.A.

In Cyan, Inc. v. Beaver County Employees Retirement Fund,the issue before the U.S. Supreme Court is whether state courts lack jurisdiction over class actions that allege only Securities Act claims.
Federal Court Of Appeal Reaffirms The Validity Of Transactional Common Interest Privilege 
Borden Ladner Gervais LLP

A collective sigh of relief reverberated across the tax and corporate law bar when, on March 6, 2018, the Federal Court of Appeal released its reasons in Iggillis Holdings Inc. v Canada...
Gaming & Hospitality Legal News: Volume 11 Number 3 
Dickinson Wright PLLC

This meeting followed from the discussion and testimony received at the last Gaming Policy Committee meeting in November 2017.
European Medicines Agency (EMA): Recommends Approval Of Five Medicines In Its February 2018 Meeting  
Singh & Associates

The European Medicines Agency's (EMA) Committee for Medicinal Products for Human Use (CHMP) recommended five medicines for approval, including two orphan medicines, at its February 2018 meeting.
Property Taxes: Are Casinos Paying More Than Their Fair Share? 
Dickinson Wright PLLC

Simply put, being aggressive in managing property taxes is a necessity for competitiveness in the marketplace.
Nevada's Gaming Policy Committee Passes A Resolution Regarding Marijuana And The Gaming Industry 
Dickinson Wright PLLC

The guidance that licensees may host marijuana-industry trade shows and conferences, however, is sure to be welcome news in a town where conferences are big business.
Federal Energy Regulatory Commission To Eliminate Income Tax Allowances For Master Limited Partnerships 
Andrews Kurth Kenyon LLP

On March 15, 2018, the Federal Energy Regulatory Commission ("Commission") unanimously decided to change its policy regarding income tax allowances for Master Limited Partnerships ("MLPs")...
Amendments To The Industrial Property Law: Industrial Designs, Trademarks And Denominations Of Origin And Geographical Indications. 
Basham, Ringe y Correa, S.C.

Amendments to the Industrial Property Law, were published in the Federal Official Gazette on March 13, 2018 and will enter into force on April 27, 2018.
Competitive Gamers Seek To Form Players Associations 
Withers LLP

Competitive gaming has certainly come a long way from the days of privately hosted local area network sessions
Russian Cyber Threats On Energy, Marine And Aviation Sectors 
Clyde & Co

On March 15, 2018, the Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI) released a joint Technical Alert on Russian government cyber activity targeting...
Cuba Remains Open For U.S. Business, Despite Policy Changes 
Akin Gump Strauss Hauer & Feld LLP

Due to domestic, economic and geopolitical factors in the U.S. and abroad, 2018 is shaping up to be a critical year for U.S.-Cuba bilateral relations.
Updates To Energy Diversification Act Investment Programs 
Bennett Jones LLP

As part of its second round of the Petrochemicals Diversification Program, the Alberta government will invest up to $500 million in royalty credits over four years (beginning in 2020 to 2021).
Time To Complete Open E-Verify Cases 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

USCIS stated that open cases that have not been accessed for more than 365 days will be closed by E-Verify but will remain accessible to employers as completed or historical cases.
NPPA Updates For The Month Of February 2018 
Singh & Associates

The National Pharmaceutical Pricing Authority, is an executive body under the Drugs (Prices Control) Order, 2013 under Department of Pharmaceuticals, Ministry of Chemicals and Fertilizers, Government of India.
New NPE Launches Hybrid Networking and Semiconductor Campaign with Former ADC Telecommunications Patents 
RPX Corporation

DIFF Scale Operation Research, LLC recorded the November 2017 assignment of over 20 patents acquired from CommScope on the same day that it asserted different subsets of those patents against seven defendants in a new litigation campaign.
English Court Clarifies Test For Forseeability Risk 
Cooley LLP

The ruling provides food for thought to those managing new risks.
Colorado Supreme Court Attempts To Clarify Statute Of Limitations Applicable To State Law Wage Claims 
Ogletree, Deakins, Nash, Smoak & Stewart

The supreme court's holding confirms that employers will not face potential unlimited liability under the CWCA.
Le Canada instaure de nouvelles protections législatives pour le poisson et son habitat 
Borden Ladner Gervais LLP

Essentiellement, les modifications proposées annulent les changements apportés à la Loi sur les pêches en 2012 et mettent en place de nouvelles exigences pour l'approbation de projets et pour...
PDAC 2018: Mining Sector Gets Back To Work 
Osler, Hoskin & Harcourt LLP

While PDAC 2018 was not on par with PDAC 2011, in our view, 2018 can be summed up as the year the mining industry got back to work with greater businesslike focus than we have seen in recent years.
Save The World, Reduce Your Cost Of Capital: How Danone Is Turning ESG Impact Into Lower Borrowing Costs 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

If companies want to remain competitive to both investors and financial partners moving forward, it's clear that the benefit corporation mentality is no longer simply beneficial – it's vital.
Fixed Term Contracts And Unfair Dismissal 
Wrigleys Solicitors

Does an employer's compliance with the Fixed-term Employees Regulations mean it will have acted fairly for the purposes of unfair dismissal law when a decision is made not to renew a fixed-term contract?
Infrastructure Series: Paying For And Permitting Water Infrastructure 

President Trump's February 12, 2018, Infrastructure Plan highlighted the need for investment in the nation's water infrastructure.
Online Merchant Cited For Inadequate Interest-Based Advertising Disclosures  

The OIBAAP polices the internet to make sure publishers and advertisers are meeting their transparency and consumer choice obligations.
Property & Real Estate News - 12 March 2018 
Holding Redlich

This newsletter has links to recent media releases, reports, cases and legislation relating to property & real estate.
Minimum Rest Breaks And The Working Time Regulations 
Wrigleys Solicitors

Is an employer entitled to meet the 20 minute rest break requirement for workers under the Working Time Regulations by aggregating breaks of a shorter duration?
Construction & Infrastructure News - 12 March 2018 
Holding Redlich

This newsletter includes links to recent media releases, documents and cases relating to construction and infrastructure.
Startups And Intellectual Property: A Pair Of Cautionary Tales  
Smith Gambrell & Russell LLP

Tech startup companies often rely on patents and other types of intellectual property (IP) rights to help safeguard against competition, thereby protecting their investors and increasing the chance...
Reviewing Canada's Anti-Money Laundering And Anti-Terrorist Financing Regime 

The real estate sector is covered to a degree in the PCMLTFA. Real estate brokers, sales representatives and developers have certain obligations.
Federal Court Rules "Send To Phone" Feature Does Not Violate TCPA 
Troutman Sanders LLP

A federal judge recently ruled that online auto retailer CarGurus, Inc. did not violate the Telephone Consumer Protection Act after a class action suit was filed against the company, alleging CarGurus...
Social Media Privacy Settings May Not Protect Your Information From Discovery 

The Court of Appeals of New York recently considered the issue.
North Dakota Rejects Choice Of Law/Forum Selection Provisions For Non-Compete Agreements 
Fredrikson & Byron, P.A.

Frequently, the buyer of a business will want to ensure that the seller does not simply take the money from the sale and open up a competing business.
Pensions Update – Spring 2018 
Arthur Cox

This is the Spring 2018 update from our Pensions Group.

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