Mondaq Latest Added Articles

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M&A Prospects In The Healthcare Industry  
Norton Rose Fulbright Canada LLP

RR Donnelley's August 2016 VENUE Market Spotlight focused on the healthcare industry and the prospects for M&A activity in that space over the next 12 months.
Electronic Travel Authorization: The Leniency Period Is Extended 
Norton Rose Fulbright Canada LLP

In our previous legal update Flying to Canada? Electronic Travel Authorization becomes mandatory on September 30, 2016, we alerted you to the new requirements that were to come into force when the leniency period expired on September 29, 2016.
Agencies Chart The Future Of US Offshore Wind Development 
WilmerHale

The US Department of Energy (DOE) and US Department of the Interior (DOI) recently announced an updated national strategy to facilitate the responsible development of offshore wind energy in the United States, with a goal of supporting the development of 86 gigawatts of wind energy by 2050.
When Your Export Business Suddenly Becomes Substantial: Are Your Export Commodities Substantial Enough To Induce Infringement Under §271(F)(1) Of The Patent Act? 
Brinks Gilson & Lione

35 U.S.C. § 271(f)(1) requires that an accused infringer supply "all or a substantial portion of the components of a patented invention" for combination outside the United States.
How To Prevent Presidential Debates From Becoming Disruptive Workplace Debates 
Duane Morris LLP

To help guide you, here are eight questions and answers to help handle political workplace discussions.
Notable Immigration-Related Hiring Discrimination Claims Settled This Summer With Department Of Justice And Heads Up! A New Form I-9 İs Coming By Mid-November 
Poyner Spruill LLP

In the past three months, there have been four settlements with three staffing agencies and one private company reported by the Department of Justice.
Clarke, Modet & Cº España lidera el Ránking de Marcas de la Unión Europea 
Clarke, Modet & Co

Según World Trademark Review Clarke, Modet & Cº España lidera el Ranking Español de Marcas de la Unión Europea y ocupa el décimo puesto a nivel mundial.
Fox Rothschild's National Survey On Restrictive Covenants Released 
Fox Rothschild LLP

Although the Broker Protocol has alleviated some concerns, many firms still find themselves wrestling with the vagaries of restrictive covenants when dealing with their employees.
Fine Print Feuds: Competition Bureau Cracks Down On Misleading Ads 
Affleck Greene McMurtry LLP

The use of disclaimers in advertising raises unique competition law issues.
Does An Emailed Copy Of A Complaint Start The 30-Day Removal Clock? 
Proskauer Rose LLP

In today's litigation practice, a defendant often receives a copy of a filed complaint before it is formally served with the pleading. Sometimes, plaintiff's counsel emails a copy to the defendant's counsel after filing. If it is a particularly newsworthy lawsuit, an employee or officer of a corporate defendant may download a copy of the filed complaint from a news website.
Bridgegate Trial: Christie Taking Heat From Defense, Prosecution 
Fox Rothschild LLP

Alain Leibman was featured in the USA Today article, "Bridgegate Trial: Christie Taking Heat from Defense, Prosecution."
Consequences Of Green v CIBC Take Hold In Timminco Class Action  
Lerners

In a secondary market class action, it is the order granting leave under the Securities Act that would be made nunc pro tunc.
SDNY Refuses To Dismiss Executive's Dodd-Frank Retaliation Claim 
Proskauer Rose LLP

On August 24, 2016, the Southern District of New York denied Defendants' motion to dismiss a Dodd-Frank whistleblower retaliation claim brought by its former co-CEO and Executive Chairman...
Characteristics of the Commercial Agency Law of the United Arab Emirates 
ANDERS LEGAL CONSULTANCY

There are various methods to develop new markets. Business can successfully be done by exporting products into the foreign country, by setting up a company or by taking advantage of appointing a commercial agent or distributor (both referred to as Agent").
Ledcor Decision Considers Standard Of Review And Insurance Policy Exclusion Clause  
Lawson Lundell LLP

Furthermore unlike the rest of the Court, Justice Cromwell did not find the exclusion clause to be ambiguous.
Taxi Industry Claims PPA Purposely Trying To ‘Ruin' Them: Lawsuit 
Fox Rothschild LLP

Brett A. Berman was featured in the Philadelphia Business Journal article, "Taxi industry claims PPA purposely trying to 'ruin' them: Lawsuit."
Big Email Hack Doesn't Exactly Send The Message Yahoo Needed 
Fox Rothschild LLP

Scott L. Vernick was quoted in The Associated Press article, "Big Email Hack Doesn't Exactly Send the Message Yahoo Needed," on September 23, 2016.
Lateral Moves - September 22, 2016 
Fox Rothschild LLP

Craig R. Tractenburg was mentioned in The American Lawyer's article, "Lateral Moves."
OSC Releases Proposals Regarding Retail Alternative Funds 
Norton Rose Fulbright Canada LLP

The CSA has also proposed changes to NI 81-102 that will affect conventional mutual funds and non-redeemable investment funds.
Celebrities Spotted Out And About 
Fox Rothschild LLP

Darrell D. Miller was featured in the OK Magazine article, "Celebrities Spotted Out and About."
Illinois Supreme Court Strikes Down Six-Person Civil Jury Statute As Unconstitutional  
Wilson Elser Moskowitz Edelman & Dicker LLP

The circuit court found the Act unconstitutional and the appeal proceeded to the Supreme Court, which immediately hears all appeals from circuit orders finding a state statute unconstitutional.
EEOC Issues Updated, Expansive September 2016 
Wilson Elser Moskowitz Edelman & Dicker LLP

The new EEOC Enforcement Guidance replaces guidance issued in 1998.
Casualty Notice: "BURGOS"  
Clyde & Co

We have received reports that the "BURGOS ", a 2005 built tanker flying the Mexican flag, has suffered a major cargo fire.
Turn Data Into Insight (Infographic)  
Collins Barrow National Incorporated

Organisations today create a store vast amounts of data in the course of business, and analytics can turn that data into insight for better decision-making.
Commercial Dispute Resolution Newsletter - September 2016 
Clyde & Co

The High Court emphasises that failing to apply in a timely manner for an anti-suit (or anti enforcement) injunction is likely to be fatal to the application.
CABLE: Current Awareness Bulletin 
Clyde & Co

Clyde & Co's UK employment team brings you CABLE, a monthly bulletin keeping you up to date with recent legal developments.
UAE Family Matters: Is An Ex-Wife Entitled To Inheritance? 
Hassan Elhais

My friend was married to a Muslim man and they had a daughter together before he divorced her. He recently passed away, leaving another daughter from his first wife, whom he divorced before marrying my friend.
Overview Of Restructuring And Insolvency Activity  
Dhir & Dhir Associates

March 2016, there has been no new reference in the year 2015–2016 as the lenders have resorted to alternative mechanisms of restructuring rather than CDR.
European Court Of Justice: Linking To Playboy Pics May Infringe Copyright 
Foley Hoag LLP

On September 8, 2016, the ECJ rendered a controversial decision in GS Media v. Sanoma Media, which has been acclaimed by copyright holders and heavily criticized by internet companies.
What's Gone Wrong With UK Productivity 
Deloitte

One of the biggest headaches for Britain's new government is raising productivity. Productivity, or the efficiency of production, is the main driver of human welfare.
Lessons To Be Learned From A Recent Regulatory Matter 
Ogier

We were recently instructed by a Bank in relation to a regulatory matter. The Bank had made a suspicious activity report to the Financial Investigation Unit ("FIU") due to their concerns about the potential source of funds in an account.
The Intellectual Property Review - Fifth Edition 
Gowling WLG

The chapter on the UK summarises the IP court and litigation system in the UK, recent developments in relation to IP law and practice, the forms and availability of IP protection and trends and outlook in the IP sphere.
To Tattoo Or Not To Tattoo, That Is The Question 
Dentons

A recent survey reported on by ACAS (Advisory, Conciliation and Arbitration Service) revealed that young people believe their chance of success in an interview could be affected by their tattoos.
(Re)insurance Weekly Update 33- 2016 
Clyde & Co

The defendant firm of solicitors had (in common with many firms) ceased trading as a partnership and transferred its practice to an LLP (after the cause of action against it had accrued) and the LLP subsequently moved address.
Decrypting The Philippines' Labour Environment 
TMF Group

With a mixture of emerging and booming economies, political uncertainty and extreme contrasts in business customs, Asia-Pacific jurisdictions can never be categorised as one homogeneous whole.
Evolution Of Provident And Pension Fund Benefits To Expats  
Dhir & Dhir Associates

For several years, the expatriates in India bore the brunt of being ineligible to the social security benefits.
European Banking Authority Survey In Connection With A New Prudential Framework For MiFID Investment Firms 
Andreas Neocleous & Co LLC

CySEC has issued a circular inviting entities it regulates to participate in the EBA's survey and data collection in connection with the European Commission's Call for Advice on a new prudential framework for MiFID firms.
Decrypting Germany's Labour Environment 
TMF Group

With its mix of emerging and booming economies, political uncertainty and extreme contrasts in business customs, European jurisdictions can never be categorised as one homogeneous whole.
Commercial Court's Acts 
Dhir & Dhir Associates

India is poised to emerge as the preferred destination for global bilateral trade and industry. The 'Make in India' campaign has garnered extensive attention in India as well as internationally.
Bloggers & Influencers Take Note! New Guidelines Published For Online Reviews And Endorsements 
Gowling WLG

As brands increasingly turn to bloggers, vloggers and influencers to market their products, the line between unbiased third-party opinions and paid-for endorsements continues to fade.
Rules Amendments Mean That Proportionality Limits Even MDL Discovery 
Reed Smith

We've blogged several times over the past couple years about the 2015 amendments to the federal rules as they pertain to discovery, including electronic discovery.
More Clarity On Foreign Investment And M&A In Logistics Companies In Vietnam 
Duane Morris LLP

Foreign investors can now proceed with more certainty when setting up logistic companies or acquiring stakes from Vietnamese partners.
Diversity Visa Application Period Set To Open October 4, 2016 
Green and Spiegel LLP

Notifications of selections are generally made in May following the closing of entry acceptance.
Second Circuit Panel Adheres To Circuit Precedent And Affirms Enforceability Of Employment Class Action Waivers 
Carlton Fields

The Second Circuit issued a summary order affirming a decision by the Southern District of New York compelling arbitration pursuant to class-action and collective-action waivers...
Decrypting Germany's Labour Environment 
TMF Group

With its mix of emerging and booming economies, political uncertainty and extreme contrasts in business customs, European jurisdictions can never be categorised as one homogeneous whole.
Are You Ready To Disclose? The Risk Of "Premature" Disclosure 
Dale & Lessmann LLP

You provide a prospective franchisee with your standard Franchise Disclosure Document - a location has not yet been determined, but you plan to enter into a lease for a location sometime...
Maples Group Honoured At HFM Asia Hedge Fund Services Awards 
Maples and Calder

The Maples group was honoured with two industry awards at the HFM Asia Hedge Fund Services Awards on Monday, 19 September.
Compliance Focus: FTC Begins Study Of Consumer Disclosures 
Frankfurt Kurnit Klein & Selz

A recent FTC workshop suggests it's a good time to ask.
How To Choose And Vet An Expert Witness In Patent Cases 
Smart & Biggar/Fetherstonhaugh

Expert evidence plays a critical role in patent litigation, and can literally make or break a case.
Pet Stores Under Attack 
Fox Rothschild LLP

We are proud to represent the New York Pet Welfare Association, whose members include purposely-bred dog owners, breeders, wholesalers, pet stores and veterinarians from across the country.
Have A Management Rights Clause? It May Not Save You From Bargaining With The Union 
Foley & Lardner

Many union employers insist on strong management clauses in their labor agreements. Such clauses contain language reserving for the employer the right to adopt new rules and regulations.
Round Table & Webinar : M&A And PE In Special Situations (Sep 22, 2016) 
Nishith Desai Associates

Round Table & Webinar : M&A and PE in Special Situations
SMEs In The UAE 
Clyde & Co

The UAE Cabinet has issued a unified definition of "small and medium enterprises" (SMEs) for the purposes of UAE law.
The "Geography Of Innovation" Shifts To Canada's Cities 
Aird & Berlis LLP

The New York Times referred to the Waterloo corridor as "Canada's Silicon Valley" in a DealBook article about how Canada is becoming increasingly attractive for American businesses....
Two Lawsuits Hope To Put The Brakes On Overtime Rule Changes  
Foley & Lardner

This past Tuesday, a duo of federal lawsuits was filed in Texas as a response to strong objections from employers.
Software And Business Method Inventions After Alice  
Sheppard Mullin Richter & Hampton

Patent attorneys are often asked the question: "Is my idea patentable?" Often the idea is related to software or business methods.
Wearable Device Data: The Next Big Thing For Employment Litigation Cases 
Seyfarth Shaw LLP

Wearable device data may be the next big thing in the world of evidence for employment cases since social media.
The New Hazardous Waste Generator Improvement Rule Is Coming! 
Troutman Sanders LLP

From recent discussions with the US EPA, all indications are that the Hazardous Waste Generator Improvements Rule will be finalized any day now.
Rolling Back Sattva: Appeal Courts Can Second Guess Contractual Interpretation  
McMillan LLP

A standard form contract is a highly specialized contract sold widely to customers without negotiation of terms.
Government Announces Directive For Cyberattacks 
Goldin Peiser & Peiser, LLP

The U.S. government has announced new guidelines regarding its response to cyberattacks against both public and private sectors.
Antitrust-Related Recent Developments: Merger Agreement Efforts Subject Of Litigation  
Akin Gump Strauss Hauer & Feld LLP

Abbott agreed to acquire Alere on January 30, 2016, for $5.8 billion. Soon afterward (on April 28, 2016), Abbott also agreed to acquire St. Jude Medical Inc. for $25 billion.
Aravind Swaminathan Weighs In On Proposed Cybersecurity Regulations For Financial Institutions 
Orrick

Aravind Swaminathan, global co-chair of Orrick's Cybersecurity & Data Privacy team, recently spoke with Global Investigations Review regarding new plans...
Retail Sector Tax Suspended In Poland 
Wolf Theiss & Partner

Poland's Minister of Finance announced that the application of a retail sector tax will be suspended following the EC's decision on opening an in-depth investigation and issuance of an interim injunction.
Department Of Transportation Releases Policy Guidance On Autonomous Vehicle Technology (Part I: Industry Guidance) 
Foley & Lardner

DOT's policy guidance includes guidance for manufacturers themselves, as well as for states considering how to regulate autonomous vehicle technologies.
Court Of Appeal Summaries (September 19 – 23, 2016) 
Blaney McMurtry LLP

There were four substantive civil decision released this week. The first, Sturino v. Crown Capital Corporation is a priority dispute in the receivership context.
New IRS Revenue Procedure Provides Tax Benefits For Art Collectors 
Fox Rothschild LLP

Forbes recently published an informative online piece on a new IRS Revenue Procedure that makes the use of Charitable Remainder Trusts (CRTs) as a means for tax deferral more achievable for art and collectibles.
Government-Mandated Sick-Leave Plans Unlikely To Be Preempted By ERISA 
Fox Rothschild LLP

Terry A. Lang Jr. authored Employee Benefit Advisers article, "Government-Mandated Sick-Leave Plans Unlikely To Be Preempted by ERISA."
Florida Supreme Court Holds That STOLI Challenges Are Barred By Two-Year Contestability Clause 
Orrick

On September 22, 2016, the Florida Supreme Court issued an eagerly-awaited opinion in Wells Fargo Bank, N.A. v. Pruco Life Insurance Co.
Recent Significant Case Law Developments Regarding What Constitutes A Reckless Interpretation Of A Law And When Retention Of An Overpayment Violates The False Claims Act 
Akin Gump Strauss Hauer & Feld LLP

Among the most important False Claims Act (FCA) issues to understand is what, if anything, one must do when the underlying regulatory scheme governing payment from the government is ambiguous.
Barbados' Non-Bank Sector Doing Well 
Invest Barbados

Barbados is doing well in the area of international insurance; so says Chief Executive Officer of the Financial Services Commission (FSC).
Barbados Welcomes New Indian Envoy 
Invest Barbados

India's new High Commissioner to Barbados, Satendar Kumar, paid a courtesy call on the Minister of Foreign Affairs and Foreign Trade, Senator Maxine McClean, recently at her Culloden Road, St. Michael office.
A Paperless Courtroom: Embracing The Use Of Electronic Trials 
Davies Ward Phillips & Vineberg

Although electronic trials (also known as "e-trials") continue to be the exception in Ontario, the tipping point is fast approaching, if not yet upon us.
The Journal Conversation: Sheila R. Block, LSM, ASM 
Davies Ward Phillips & Vineberg

If you really dig, you can find out that, years ago, Sheila was a folk singer. She was also a motorcycle rider.
"Privacy Shield" Open For Business – Fees? 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

The certification forms for the new US-EU Privacy Shield Framework are now available online.
Controlling Costs In International Arbitration 
McDermott Will & Emery

Arbitration is an efficient means for resolving business disputes because it offers more flexibility than court proceedings and enables the parties to choose arbitrators experienced in a domain relevant to the dispute.
B.C. Court Of Appeal Confirms The Scope Of Section 51(2)(B) Of The Evidence Act 
Bull, Housser & Tupper LLP

Records produced while investigating a physician's professional conduct are barred from production in legal proceedings even if those records are not ultimately produced before a quality assurance hospital committee...
Half A Loaf: Court Rejects ADA "Safe Harbor" But Approves Pre-Regulations Wellness Program As "Voluntary" 
Littler Mendelson

The court, however, also determined that factual questions required that the retaliation claim move forward to trial.
IESO LTEP Planning Process Gets Underway 
Gowling WLG

The Ontario Planning Outlook is a technical report which provides a brief review of the last ten years (2005-2015) and a 20-year outlook (2016-2035) for Ontario's electricity system.
CSA Announces Roundtables To Discuss Proposals To Reform NI 31-103 
Borden Ladner Gervais LLP

The Canadian Securities Administrators have announced the dates for roundtables to further explore issues raised in Proposals to Enhance the Obligations of Advisers, Dealers and Representatives Toward Their Clients, which proposes regulatory action to improve the client-registrant relationship, including a regulatory best interest standard, accompanied by guidance, that would form an over-arching standard and governing principle against which all other client obligations would be interpreted.
Turkey Introduces Auto-Enrolment For Employee Pension Scheme 
Moroğlu Arseven

From 1 January 2017, employers must enrol all employees into an Individual Pension System if they are under 45 year's old and Turkish citizens.
Postdiluvian Perils: Second Circuit Weighs Coverage For Losses Suffered After The Waters Recede 
Carlton Fields

"[N]ow I only hear/ Its melancholy, long, withdrawing roar,/ Retreating, to the breath/ Of the night-wind, down the vast edges drear/ And naked shingles of the world." — Matthew Arnold
Recent Trends In European SPAs And Comparisons With US Practice 
Kramer Levin Naftalis & Frankel LLP

Although today M&A practice in deals involving private targets in Europe and the United States has become largely standardised...
Turkey Grants Temporary Incentive To Solar Panel Imports 
Moroğlu Arseven

Turkey's Ministry of Economy has temporarily expanded government incentives to also include solar panel imports made within solar energy power investments.
PSD2: EBA Consults On Strong Customer Authentication And Common And Secure Communication 
Wolf Theiss & Partner

PSD2 entered into force on 12 January 2016 and will replace the current Payment Services Directive (in force since 2007) as of 13 January 2018.
Managing Benefit Risks And Costs 
Goldin Peiser & Peiser, LLP

A new study examined finance executives' current views on retirement and benefits issues. Read some of the highlights from this new research.
Public Consultation On Cross-Borders Distribution Of Investment Funds 
Wolf Theiss & Partner

Since 1985, the EU has sought to mobilize capital in Europe and encourage investment in all Member States by promoting cross border distribution of funds.
Newsletter Tax - Transfer Pricing Ecuador 
Dentons

The Internal Revenue Service in Ecuador established regulations in regards to indirect expenses in order to apply a deductibility threshold for these expenses when calculating the Income Tax for Ecuadorian taxpayers...
Analyzing The Applicable Jurisdiction For Trademark And Copyright Disputes 
Khurana and Khurana

By drawing analogy from the case laws read with section 134, section 62 and section 20, below is produced a table that discusses the applicable jurisdiction that may arise in different cases.
Court Clarifies Whether A Seller's Legal Privilege Passes To A Buyer Post-Acquisition 
Troutman Sanders LLP

After a merger or acquisition, who is entitled to the seller's privileged documents post-closing?
Exxon-Healey Dispute Gets Hearing As State AGs Weigh In 
Foley Hoag LLP

U.S. District Judge Ed Kinkeade heard oral argument on Exxon Mobil's motion for preliminary injunction against Massachusetts Attorney General Maura Healey's civil investigative demand.
2018 Green Card Lottery Registration  
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

On October 1, 2016, the US Department of State will begin accepting requests to register for the 2018 Diversity Immigrant Visa Program (DV-2018), also known as the Green Card Lottery.
Trademark/ Copyright And Patents Suits/ Civil Proceedings: Why Non-Uniformity In Jurisdictions Available To Plaintiffs? 
Khurana and Khurana

Reader is advised to read article written by IIPRD on the inclusive nature of section 62 of the Copyright Act, 1957 and section 134 of the Trademark Act, 1999.
Federal Circuit Rules 180-Day Post-Licensure Notice Is Mandatory In Biosimilar Litigation 
Khurana and Khurana

If the parties reach agreement, then the reference product sponsor must bring an infringement action within 30 days for each patent on the negotiated list.
"Placeholder Candidates": An Untested Response To Advance Notice Provisions 
McCarthy Tétrault LLP

Many US and Canadian public companies have implemented so-called advance notice provisions ("ANPs"), bylaws and policies requiring shareholders to provide a company with notice by a specified deadline...
Open Wi-Fi And Copyright - The CJEU McFadden Decision 
Bird & Bird

The CJEU has today delivered its judgment in McFadden, concerning the liability for user copyright infringement of a shop providing free Wi-Fi.
Agencies Issue Joint Guidance Regarding Bulk Shipment Of Hazardous Chemicals 
Jones Day

The Pipeline and Hazardous Materials Safety Administration implements the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq., which is the primary federal statute governing the transportation of hazardous materials.
EU-US Privacy Shield Becomes Operational With The GDPR On The Horizon 
Bird & Bird

The new regime relies on a similar approach of self-certification and external verification against seven privacy principles.
The Modernisation Of Luxembourg Company Law: Changes To Incorporation And Capital Increase Procedure 
TMF Group

Luxembourg's changes to the Companies Act, adopted in July 2016, include important changes to incorporation and capital increase procedures.
UK's MHRA Launches FakeMeds Campaign With Warning On Diet Pills 
Jones Day

The campaign provides practical information on how to recognize legitimate online retailers of medicines and medical devices.
Four States Expanded Employer Data Breach Notification Obligations In 2016  
Littler Mendelson

With over 680 security breaches reported so far in 2016,1 more employers are being forced to confront the issue of how to respond to a breach.

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