Mondaq Most Recent Articles-Tuesday, October 17, 2017

P2P Lending Platforms: A Beacon Of Hope For Crowd Sourced Funding In India? Khaitan & Co The Reserve Bank of India (RBI) has released the Master Directions relating to peer-to-peer lending (P2P Lending) on 4 October 2017 (Master Directions).	Character Matters: Don't Be So Quick To (Summary) Judge McMillan LLP A recent decision of the Ontario Superior Court of Justice is bucking the summary judgment trend in wrongful dismissal cases.
OSFI Revises Transaction Instructions For Regulatory Approvals Norton Rose Fulbright Canada LLP The Office of the Superintendent of Financial Institutions (OSFI), the federal financial institutions prudential regulator, has posed seven revised transactions instructions on its website.	Azure IP Advantage In China: Towards 'Quiet Enjoyment' In The Global Cloud? Kemp IT Law Microsoft's announcement that it has extended its Azure IP Advantage (AIPA) programme to China from 1 October 2017 neatly illustrates a number of key contracting trends helping to shape the development of the global, hyperscale Cloud.
No Cookies For You! – Federal Court Confirms Jurisdiction To Issue Split Decisions In Trade-Mark Oppositions Aitken Klee In Les Marques Metro / Metro Brands S.E.N.C. v. 1161396 Ontario Inc., 2017 FC 806, Metro appealed a Trade-marks Opposition Board decision which allowed S&M Enterprises' registration...	Bill 141 – Proposed Amendments To The Act Respecting The Autorité Des Marchés Financiers With Regard To Whistleblowing McCarthy Tétrault LLP The proposed amendments to the Act respecting the Autorité des marchés financiers intended to protect whistleblowers could have significant and potentially problematic consequences under certain circumstances.
Census Begins Review Of Routed Export Reporting Requirement Akin Gump Strauss Hauer & Feld LLP The U.S. Bureau of the Census has issued a notice requesting comments on the definition of "routed export transaction" and the responsibilities of parties in routed export transactions.	Supreme Court Elucidate 10 Points For Quashing Of F.I.R Under Section 482 Of CRPC S.S. Rana & Co. Advocates A full bench comprising of Hon'ble Mr. Chief Justice Dipak Misra, Hon'ble Mr. Justice AM Khanwilkar and Hon'ble Mr. Justice DY Chandrachud has laid down broad principles from various precedents ...
Disqualification Of Shell Companies & Their Directors S.S. Rana & Co. Advocates Faced by the challenges posed by black money, the Government of India is aiming to ensure its eradication. Amongst various measures taken thereunder...	A Guide For Foreigners On Land Ownership Under The Laws Of Mainland Tanzania. Shikana Law Group In the wake of economic globalization, we continue to witness a flow of foreign investors into the United Republic of Tanzania.
Retirement Does Not Automatically Terminate Spousal Support Obligations Lerners Many spousal support payors assume that their spousal support obligations will end when they retire. If you are paying support to a former spouse, however, don't assume that your support obligations will end with your employment.	Changes To The Tax Proposals Announced Crowe Soberman LLP On October 16, 2017, Finance Minister, Bill Morneau, announced a cut to the small business corporate income tax rate as well as a few minor changes and tweaks to the tax proposals...
U.S. Visa Processing In Turkey Suspended Amid Security Concerns; Turkey Responds In Kind Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. The U.S. Mission to Turkey has announced that it has suspended all nonimmigrant (temporary) visa processing at posts in Turkey.	The Resolution Of Bankruptcy Cases In Time Bound Manner And Reduced NPAs Singh & Associates According to the World Bank Report of Doing Business, the insolvency resolution process in India is complex, time consuming and expensive due to presence of multiple laws.
What You ‘Token About? ISOLAS In the context of fundraising for startups or established businesses at seed stage you will have recently been hearing the words 'token sale' and 'token launch' bandied about every two or three...	The Importance Of Intellectual Property Rights (IPR) And What Startups Should Know Singh & Associates In order to promote domestic market and the manufacturers, the Government of India had launched the "Make in India" campaign wherein various subsidies, benefits are introduced to the startups ...
The Confusion Around Status Of Home Buyers Under Bankruptcy Law Singh & Associates Not so long, all the creditors, as well as the debtors were welcoming the move of the legislature in introducing the now most complicated Insolvency and Bankruptcy Code, 2016 but now everybody has realized that the code ...	OTC Drug Manufacturers: Keep Your Eyes And Ears On Congress Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. . In June of 2016, the Agency held a public meeting to solicit stakeholder feedback on its ideas.
The Salcido Report: False Claims Act Public Disclosure Alert Akin Gump Strauss Hauer & Feld LLP How have appellate courts applied the Supreme Court's ruling in Escobar?	MFC Practices and Online Passive Sale Restrictions are on the Turkish Competition Authority's Radar BASEAK The Turkish Competition Authority (the TCA) recently announced amendment of the Guidelines on Vertical Agreements (Guidelines) and opened the draft Guidelines to public discussion.
La Confluencia En La Cultura Corporativa QIL+4 Abogados Centroamérica está en un punto de inflexión respecto al cumplimiento y conformidad aceptables.	Corporate Consilience QIL+4 Abogados Central America is at an inflection point regarding acceptable compliance and conformity. Among all the anxiety and instability that change will bring...
An Alternative To Acquisition By Hospital System Womble Carlyle The presentation was designed to equip participants with discussion alternatives to acquisition by hospital systems.	Glanders Testing Is A Slowly Evolving Process Stoll Keenon Ogden PLLC After an international dressage horse turns up with a false positive this contagious disease, the USDA testing protocol comes under fire.
Banning ICOs Is Not The Way Forward For Regulators, Says Expert Pinsent Masons LLP ANALYSIS: Banning initial coin offerings (ICOs) is not the way forward for regulators, despite the legal and regulatory risks that could arise if they are not subject to proportionate regulation.	U.S. Corporate Law News: U.S. Attorney's Office Announces Arrests In Connection With Alleged College Basketball Fraud And Corruption Schemes Withers LLP The investigation leading to the arrests began in 2015.
U.S. Corporate Law News: SEC Offers Regulatory Relief For Victims Of Hurricanes Harvey, Irma And Maria Withers LLP The SEC recently announced regulatory relief for publicly traded companies, investment companies and others impacted by Hurricanes Harvey, Irma and Maria.	FERC And IRS Diverge On Approaches To Tax Equity Investors Holland & Knight The Internal Revenue Service (IRS) and the Federal Energy Regulatory Commission (FERC) have recently taken different approaches to issues raised by tax equity investors that have invested...
Information Utilities- A New Saviour For Creditors Dhaval Vussonji & Associates The Insolvency and Bankruptcy Code, 2016 (the "Code") was passed by the Parliament on May 5, 2016 and received the assent of the President of India on May 28, 2016.	Seventh Circuit Puts The Brakes On Never-Ending Leave Under The ADA Foley & Lardner Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave.
U.S. Corporate Law News: U.S. Department Of Justice Challenges Parker-Hannifin's Acquisition Of CLARCOR Withers LLP The DOJ's challenge occurred after the acquisition closed even though the transaction was reportable under the Hart-Scott-Rodino Act.	Federal Trade Commission Announces Workshop On Competition In The Prescription Drug Market Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. On November 8, 2017, the Federal Trade Commission (FTC) will hold a workshop entitled, "Understanding Competition in Prescription Drug Markets: Entry and Supply Chain Dynamics."
OFCCP Offers Limited Compliance Relief For Federal Contractors In Wake Of Recent Hurricanes Foley & Lardner In the aftermath of Hurricanes Harvey, Irma and Maria, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP)...	Reliable Partner Sayenko Kharenko The issue of Professional Government Relations services is widely discussed as something very relevant for Ukrainian realities.
A New European System Of Financial Supervision: European Commission Proposes Changes To The Powers, Governance And Funding Of The ESAs Deloitte The European Commission has proposed a legislative package that is intended to increase substantially the powers of the three European Supervisory Authorities and to replace the funding...	Indian Trademark Office: A Journey Towards A Better Future Singh & Associates For decades, the Indian Trademark Office was termed as the slowest office in terms of getting a trademark registration.
Capitol Hill Healthcare Update BakerHostetler CHIP Renewal Triggers Partisan Clash Over Offsets	Air China And Boeing Granted Summary Judgment In Wrongful Death Case Clyde & Co In Yang v. Air China, Case No. 1:14-cv-06482 (N.D. Ill. Sept. 27, 2017), Plaintiff Jiqin Yang sued Air China and Boeing for the wrongful death of his mother...
Backing Up Your Startup By Having An IPR Strategy Singh & Associates While developing a new idea as a product, innovators understandably invest a lot of time into the research and development of the product.	House Financial Services Committee Chairman Urges National Data Breach And Data Security Standards Troutman Sanders LLP On October 5, House Financial Services Committee Chairman Jeb Hensarling (R-Texas) called for national standards for data breach notification and data security.
House Financial Services Committee Hears Bill To Exempt Lawyers From FDCPA In Connection With Legal Proceedings And Related Communications Troutman Sanders LLP On September 7, the Financial Services Committee held hearings on a bill, H.R. 1849: Practice of Law Technical Clarification Act of 2017 (Trott), that seeks to amend the Fair Debt Collection Practices Act.	Federal Circuit Rejects Some USPTO Requirements For Amending Claims During IPR Proceedings Brooks Kushman On October 4, 2017, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision rejecting certain procedures adopted by the Patent Trial and Appeal Board (PTAB or Board)...
Canada Initiates Stakeholder Consultations On A New Trans-Pacific Partnership Agreement Dickinson Wright PLLC On September 30, 2017, Global Affairs Canada announced that it has commenced a consultation process regarding a new Trans-Pacific Partnership Agreement ("TPP-11").	10 Reasons Why A Collaborative Divorce Is Likely To Be The Best Choice Brodies LLP I was interested to read the most recent statistics from our family law colleagues in the USA ( Florida Academy of Collaborative Professionals) which reinforced the results from an earlier International Academy...
Further ESOP Transaction Guidance Set Forth In Latest DOL Settlement Agreement Holland & Knight On the heels of a recent settlement agreement with an institutional ESOP trustee, the U.S. DOL and individual trustee James F. Joyner III entered into a settlement agreement filed on Sept. 29, 2017...	Planning For The End Of LIBOR Holland & Knight By 2021, it is likely that LIBOR will no longer exist, and even more likely that it will no longer be the leading global benchmark interest rate
Hamburger Hell For A Celebrity Chef: Another LLC Deadlock Takes Its Toll Holland & Knight There are numerous examples of why deadlock-breaking mechanisms are critical in closely held businesses, particularly limited liability companies (LLCs).	Employment Law Commentary - Volume 29, Issue 9 Morrison & Foerster LLP It was only a couple of years ago, on March 27, 2015, that a jury rejected Ellen Pao's gender discrimination claims and rendered a defense verdict in favor of her former employer, a prominent Silicon Valley venture capital firm.
UK Patent Office Fees Set To Increase Dehns The UK Intellectual Property Office (UKIPO) has an enviable reputation of providing a high quality service at a low cost	The Criminal Finances Act 2017... Withers LLP The increasing tide of anti-money laundering and anti-tax evasion legislation has increasingly turned service providers into the first line of defence against tax evasion.
Operating Agreements – Relevance For A Start-Up Venture Singh & Associates The purpose of an operating agreement is to lay governance of the internal operations of a business in a manner that is in tandem with the specific needs of the business owners.	Deal Protections: Market Practice Analysis Appleby Against the background of a growing merger and acquisition market, a swelling number of bidders seek protection for their deals.
Hurricanes Harvey, Irma And Maria, October 2017 Holman Fenwick Willan LLP On 4 October, HFW London hosted over 100 clients and press members for a presentation and panel discussion about the impact of the recent hurricanes which hit the US and the Caribbean	Whether An Application Under Section 9 Of The Insolvency & Bankruptcy Code, 2016 Is Maintainable At The Instance Of Workmen Association? Singh & Associates The law is still crystallizing the fact as to which entities can come under the respective categories for initiation of CIRP as mentioned above.
Disciplinary Investigations: What Is Reasonable? Brodies LLP An investigation is central to a fair disciplinary process: if you dismiss an employee for misconduct, you will risk an unfair dismissal claim if you don't carry out a reasonable investigation.	California's Countdown To Legal Cannabis: Facing Regulatory And Permitting Uncertainty Morrison & Foerster LLP As of January 1, 2018, it will be legal for adults in California to buy and sell cannabis for recreational purposes.
DE 2 A 6 OUTUBRO DE 2017 NOVIDADES LEGISLATIVAS E REGULAMENTARES MAIS SIGNIFICATIVAS PLMJ Recomenda ao Governo que apresente relatório da execução da Resolução da Assembleia da República n.º 170/2016, de 04/08	Compendium Of Investment Fund Laws And Regulations ELVINGER HOSS PRUSSEN Elvinger Hoss Prussen, in cooperation with the Luxembourg Stock Exchange and the Association of the Luxembourg Fund Industry, has produced a compendium of Luxembourg investment funds law and regulations.
Alternative Investment Funds And Other Investment Vehicles - Update September 2017 ELVINGER HOSS PRUSSEN This compilation is dedicated to alternative investment funds (AIFs) established under Luxembourg law and other investment vehicles which are neither UCITS nor AIFs.	Highlights From The OSC Corporate Finance Branch's Annual Report Blake, Cassels & Graydon LLP In the Report, the OSC expresses its continued concern with the use of non-GAAP financial measures.
Tying The Tribunal's Hands Andrews Kurth LLP This article looks at whether, and to what extent, parties can make binding agreements in advance about how legal costs are to be allocated by a tribunal, and considers whether such agreements...	International Competition Network Addresses Bid-Rigging In Government Procurement Blake, Cassels & Graydon LLP Certain materials presented at the workshop may become available, as has been done in previous years, on the ICN website.
Don't Let Your Bytes Bite Back! Online Shoppers Beware… KISCH IP Counterfeit is an ongoing problem but never more prevalent than during the festive season. And, with our struggling economy, we expect to feel it even more this year.	Inter-Municipal Planning In Alberta - Rep By Pop Or Electoral College? Stikeman Elliott LLP Conceptually, inter-municipal planning enjoys broad support.
Significant Restrictions To The Voluntary Disclosures Program Fogler, Rubinoff LLP The Voluntary Disclosures Program (VDP) is a "tax amnesty" program administered by the Canada Revenue Agency ("CRA"). It allows noncompliant taxpayers to voluntarily correct their tax affairs...	OCC Reminds Industry Members Of Comment Deadline For T+2 Proposal Cadwalader, Wickersham & Taft LLP The Office of the Comptroller of the Currency ("OCC") issued a Bulletin to remind industry members that the comment period for the proposed rule change to shorten the standard settlement cycle...
Weekly Roundup Of Exchange Rules By Category - October 06, 2017 Cadwalader, Wickersham & Taft LLP Click on the links below to view SEC notices of exchange rule changes and proposals for the week of October 2 to October 6, 2017.	OCC Rescinds Guidance On Deposit Advance Products Cadwalader, Wickersham & Taft LLP The Office of the Comptroller of the Currency ("OCC") rescinded previously issued guidance concerning deposit advance products.
Banking on social responsibility: reporting on modern slavery could pay dividends Norton Rose Fulbright Australia Banks should show they are committed to eradicating modern slavery and are taking concrete steps to achieve that outcome.	BC Updates Crowdfunding Rules Clark Wilson LLP The British Columbia Securities Commission (BCSC) on September 21, 2017 announced improvements to crowdfunding rules that will enable B.C.-based issuers to access investors in Alberta ...
Have you asked the right question before making a summary judgment application? Sparke Helmore Lawyers The test to be applied when deciding about summary judgment is whether there is a real or serious question to be tried.	Steve Middlebrook Talks To Bloomberg About Nebraska Ethics Opinion Regarding Bitcoin Womble Carlyle The Nebraska Supreme Court recently issued an ethics opinion discussing whether lawyers may accept their fees in Bitcoin.
Hurricane Maria's Aftermath: Highlights Of Available Government Assistance For Puerto Rico Residents Littler Mendelson This article highlights different sources of assistance available to Puerto Rico residents in the aftermath of the hurricane.	Energy Law In Ukraine Sayenko Kharenko The adoption of the law "On the Natural Gas Market" in April 2015 started the harmonisation of the Ukrainian natural gas sector legislation, in line with the requirements of the Energy Community Treaty...
IoT: Minimizing Your Privacy And Security Risks In An Interconnected World Blake, Cassels & Graydon LLP Cisco has calculated that by 2019, IoT devices will create over 500ZB of data.	Resort Fee Litigation Advisory Group: How Resort Fees Became An Explosive $2.7 Billion Issue Jeffer Mangels Butler & Mitchell LLP It is very likely that the Resort Fee issue will present challenges in the near future to all stakeholders in the hospitality industry.
France's Department Of Labor Issues Guidance On New Corporate Social Responsibility Obligations Littler Mendelson The guidance outlines the workers who will benefit from the social responsibility rights.	Former Equifax CEO Testifies Before Congress On Cyber Breach Cadwalader, Wickersham & Taft LLP Former Equifax CEO Richard F. Smith testified before two separate Congressional committees on the Equifax cybersecurity breach and the company's subsequent response and remedial efforts.
FRB Extends Comment Deadline For Proposals To Change Rating System Cadwalader, Wickersham & Taft LLP The Board of Governors of the Federal Reserve System ("FRB") extended to November 30, 2017 the comment deadline for two related proposals.	How To Structure Global Mobility Assignments, Expatriate Postings And Cross-Border Secondments Littler Mendelson Because multinationals by definition operate internationally, they often post staff overseas.
FTC, DOJ Release Hart-Scott-Rodino Annual Report Cadwalader, Wickersham & Taft LLP The Federal Trade Commission ("FTC") and the Department of Justice ("DOJ") released the Hart-Scott-Rodino Annual Report for fiscal year 2016.	Oil And Gas In Canada: Structure And Prospects Of The Industry Stikeman Elliott LLP Those in the oil and gas sector, both within and outside Canada, will want to download Energy: Oil & Gas Canada, a new publication by Stikeman Elliott's experienced oil and gas team.
A model stance for the fashion industry – LVMH and Kering agree on model charter Marque Lawyers "The Charter on the Working Relations with Fashion Models and their Well-Being" has been developed for fashion models.	Ukrainian Prosecutor General Signs Letter Prohibiting Rights Violations Of Businesses During Searches Sayenko Kharenko In a bid toreduce pressureon the businesscommunity, the Ukrainian Prosecutor General Yuriy Lutsenko in the presence of heads of structural subdivisions of the General Prosecutor's Office...
Sudan Sanctions Revoked Hughes Hubbard & Reed LLP On October 6, 2017 the U.S. Government announced that, effective October 12, 2017, the comprehensive U.S. trade embargo with respect to Sudan and the blocking of the Government of Sudan will be revoked.	White House Narrows ACA Contraception Mandate Fisher Phillips LLP The Department of Health and Human Services (HHS) just issued new rules which will limit the contraception coverage mandate covering employers under the Affordable Care Act (ACA).
Acting Comptroller Noreika Calls For Regulatory Reforms Cadwalader, Wickersham & Taft LLP Acting Comptroller of the Currency Keith A. Noreika described risks faced by national banks and federal savings associations and suggested possible regulatory reforms.	Mind The Gap - Oct 9th Dentons Employment law issues seem to be rife with gaps at the moment. We have already reported on the gender pay gap, brought to the fore by the UK's new reporting regulations for gender pay...
SEC Approves FINRA Amendments To Associated Person Registration And Examination Requirements Cadwalader, Wickersham & Taft LLP The SEC approved proposed FINRA amendments to (i) consolidate the NASD and NYSE incorporated registration rules for associated persons as FINRA rules,	Treasury Releases Recommendations For Capital Markets Regulatory Reforms Cadwalader, Wickersham & Taft LLP The U.S. Treasury Department ("Treasury") released a second report pursuant to President Donald J. Trump's Executive Order establishing core principles for improving the financial system.
Employment Law Alert October 2017 Dentons The International Trade Regulations (the "Regulations") entered into force on 1 July 2017.	Employment Law Alert October 2017 (Dutch) Dentons Per 1 juli 2017 is de Regeling Internationaal handelsverkeer (‘de Regeling') in werking getreden.
Ontario Immigration's Masters Graduate Stream Quickly Reaches Application Threshold Immigration.ca October 16, 2017 - The Ontario immigration office has closed the Masters Graduates Stream of the Ontario Immigrant Nominee Program after the application intake threshold was quickly reached.	Federal Circuit Splits On Deference To Agency Rules Dentons The US Court of Appeals for the Federal Circuit (the Court), sitting en banc, issued its long-anticipated decision in Aqua Products...
The Healthcare Law Review - Edition 1 Bar & Karrer The Swiss healthcare ecosystem is rather complex, since it combines aspects of managed competition and corporatism in a decentralised regulatory framework.	Costs - Michael Wilson V Sinclair Clyde & Co When a court will make an unless order if costs orders have not been paid...
Arbitration - Berkeley Burke Sipp v Wayne Charlton Clyde & Co Court rules that a decision from the FOS is not an arbitral award	Arbitration - Squibb Group v Pole 2 Pole Clyde & Co Claimant refused extension of time to appeal an arbitral award where payment of arbitrator's fees was delayed
Income Protection Policies - Miley V Friends Life (High Court) Clyde & Co Judge considers meaning of "investment" income in a form submitted to support a claim under an income protection policy...	High Court Refers Schrems II Case To European Court Of Justice: The Implications For International Data Transfers Arthur Cox Under the Directive, data transfers to third countries outside the EEA are generally prohibited unless the European Commission considers the level of data protection in that country...