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Data Protection and Privacy in Israel
Fischer Behar Chen Well Orion & Co., December 2017

The Basic Laws of Israel that comprise the county’s constitution specifically grant Israel’s citizens the right to privacy as a basic human right. This practice note provides an overview of the regulation of data protection and privacy in Israel, presented in a question and answer format. Legislative Framework • Question 1: Summarize the legislative framework for the protection of personally identifiable information (PII)...

Serbian Bankruptcy Law Amended
Karanovic & Nikolic, December 2017

After two long years of analysing and debating, theSerbian Parliamentadopted changes to the Bankruptcy Law and they have entered into force on the 25thof December, 2017...

Bitcoin - Fraud or Panacea?
Stout, December 2017

After a number of government enfourcement actions involving alleged fraud schemes related to cryptocurrencies, Bitcoin is under heightened scrutiny. Earlier this year, Jamie Dimon, the head of JPMorgan, the largest bank in the U.S., made headlines by calling Bitcoin a “fraud.” Dimon said, “The currency isn’t going to work. You can’t have a business where people can invent a currency out of thin air and think that people who are buying it are really smart...

Transfer Of Claims No Longer A Problem In Enforcement
Karanovic & Nikolic, December 2017

Ever since the latest Law on Enforcement and Security entered into force on the 1stof July, 2016, an issue arose over the wording and scope of Article 48, dealing with how creditors acquiring claims can initiate enforcement. The main idea behind this new law was to make it easier for creditors to collect claims...

New Decree on Healthy Life Habits Enters Into Force
Carey, December 2017

Earlier this year, Decree No. 1 of the Ministry of Health (herein, the "Decree") was published on the Official Gazette. The Decree sets forth the graphic characteristics of the message for the promotion of healthy life habits that must be included in the advertisement of foodstuff products established in Article 5 of Law No. 20,606 -those that qualify as "High in" one or more critical nutrients- made through mass communication...

Return to Santa
MinterEllisonRuddWatts, December 2017

After the Christmas shopping rush is a distant memory, the leftover Christmas ham has been eaten, and the pohutukawa has dropped the last of its red blooms, many Kiwis are left with unwanted Christmas gifts. For retailers, this can mean an influx of customers wishing to return unwanted items for a multitude of reasons...

A Supplier of Luxury Goods can Prohibit its Distributors from Selling Those Goods on a Third Party Internet Platform such as Amazon
Simonsen Vogt Wiig AS, December 2017

Coty Germany sells luxury cosmetics in Germany. It markets certain brands via a selective distribution network, i.e. through authorized distributors. Coty brought proceedings before the German courts against one of its authorized distributors, Pafümerie Akzente, in order to prohibit it from distributing Coty products via Amazon...

What Impact Will the Changes to Personal Taxation Have?
Shepherd and Wedderburn LLP, December 2017

At the end of the day, budgets always reflect the political climate of the country. The Chancellor is a member of a government unable to command a majority without the support of the DUP, which has lost two cabinet ministers in the last month, is subject to various manifesto commitments regarding not raising taxes, and that is facing the monumental economic uncertainty of leaving the EU in the next 18 months...

Michigan Seeks Comment on Tax Treatment of Marijuana Sales
Dykema, December 2017

The Michigan Department of Treasury (the “Department”) recently released a draft Revenue Administrative Bulletin (“RAB”) entitled Marihuana Provisioning Center Tax and Sales and Use Tax Treatment of Marihuana. An RAB is a directive issued by the Bureau of Tax Policy...

Clouds Come Floating Into My Life
Asters, December 2017

Cloud computing, along with Big Data, social media, and mobility, is one of the current megatrends that will drive huge changes to the business ecosystem in the upcoming decade. Surveys held over the recent years unanimously confirm that organisations across the globe are rapidly and continuously moving to the cloud...

EU Data Protection Reform - The removal of red tape for SMEs
Shoosmiths LLP, December 2017

One step closer to implementation of the reforms relating to EU data protection regulation, this article looks at some of the implications that the reforms are likely to have for SMEs. Key progress was made in the reform of EU data protection regulation on 12 March 2014 with the European Parliament voting in support of reform and the draft General Data Protection Regulation (the "Regulation"). The Regulation must now be adopted by the Council of Ministers in order to become law...

UK Corporate Governance Code Undergoes a Review
A&L Goodbody, December 2017

The UK Corporate Governance Code (the Code) is undergoing a review by the Financial Regulatory Council (FRC) in the UK.  A consultation process was announced by the FRC earlier this year, with a view to making changes to the Code to reflect the changing business environment in the UK...

Shifting Consumer Expectations in Healthcare - Its an Empowerment Game
MinterEllison, December 2017

How new technologies and changing consumer expectations is signaling disruption to the health industry and the importance of finding ways to better measure and translate patient satisfaction and outcomes. Do you know if your clinician is doing a good job? What about the track record of your surgeon? Should you be entitled to know as a consumer? The industry is being disrupted – no longer is the family GP the dispenser of all health advice...

Interim Legislation to Update Outdated Gambling Laws
A&L Goodbody, December 2017

The Minister of State in the Department of Justice and Equality, Mr. David Stanton, has expressed an intention to bring forward the long awaited Gambling Control Bill (the GCB) by the end of 2017. The Government's Legislation Programme for Autumn 2017 notes that work is underway on the GCB. However, there has been no further information on when the draft of the GCB will be published, which is the next substantive step...

What is the Fair Insurance Code?
MinterEllisonRuddWatts, December 2017

The Fair Insurance Code is a voluntary code of conduct agreed to by members of ICNZ.  It applies to those members who provide general insurance to individual consumers and small businesses with 20 employees or less.  The Code outlines the relationship between insurers and consumers and sets minimum service standards in areas including customer on-boarding , claims management and handling. It also sets out disclosure requirements and dispute resolution processes...

Esso Petroleum and Production Nigeria Limited & SNEPCO v. NNPC
AELEX, December 2017

The Nigerian Court of Appeal confirms that an Arbitral Tribunal has no Jurisdiction to determine contractual disputes, the resolution of which has tax implications for any of the parties. Recently the Nigerian Court of Appeal confirmed in part the decision of the Federal High Court Abuja delivered on 22 May 2012 in Suit No. FHC/ABJ/CS/923/2011...

U.S. International Trade Commission Finds Domestic Solar Manufacturing Companies Harmed by Foreign Imports
Dykema, December 2017

The U.S. International Trade Commission (“ITC”) issued a determination on Friday, September 22, 2017, finding that solar panel imports are hurting domestic businesses that operate in the solar industry. The ITC’s determination was issued in connection with a trade case filed in April 2017 by a Georgia-based company, Suniva, Inc., shortly after filing for bankruptcy protection. SolarWorld Americas, Inc. joined Suniva’s petition in May 2017...

Renewable Energy Updates - Japan
Atsumi & Sakai, December 2017

As of late this year [1], the Agency of Natural Resources and Energy announced that it has issued deadlines for the submission of renewable energy application documents, etc. based on the FIT Act in FY 2017. Upon submission of these applications, etc. they will be reviewed by the Ministry of Economy, Trade and Industry (METI), however, every year, the review process tends to be stalled because of the large number of applications submitted at the end of the ?scal year...

Cross-Border Cooperation Between Competition Authorities In The SEE Region Intensifies
Karanovic & Nikolic, December 2017

The national competition authorities in South Eastern Europe are evidently increasing and strengthening their cross-border cooperation and communication, allowing for a more effective regional approach in the protection of competition. Taking into account common challenges and economic interdependence, as well as similar goals in EU integration, the authorities appear to have recognized significant merit in a broader regional framework for competition enforcement...

New Law Proposed to Extend Liability for Environmental Crime in Waste Management
Delphi, December 2017

In its bill, Extended Environmental Crime Provisions, from earlier this year, the government has proposed extending the scope of offences for environmental crime committed in conjunction with waste management. The proposal means that all waste management that can cause significant pollution, which is harmful to human health, animals or plants or that can cause other significant environmental nuisance is to be punishable. The penalty for the crime is a fine or imprisonment for up to two years...

Does resigning with immediate effect put a stop to disciplinary proceedings?
ENSafrica, December 2017

The past year has seen a number of high-profile instances of employees resigning, allegedly to avoid disciplinary proceedings against them. This issue was dealt with in the case of Mtati v KPMG Services (Pty) Limited.The employee in this matter was informed by her employer that an investigation was being conducted into allegations of misconduct levelled against her. She then provided her employer with a letter in which she tendered her notice of resignation...

What a Sears Lawsuit Against a Supplier Means for Retailers
Lowenstein Sandler LLP, December 2017

  A lawsuit filed earlier this year by a Sears Holdings subsidiary could have far-reaching implications for suppliers selling to a customer suspected of financial distress. The lawsuit is particularly significant to those in the retail sector, as brick-and-mortar operations across the country struggle amid growing online competition...

The National Minimum Wage Bill released for public comment
ENSafrica, December 2017

On 17 November 2017, the National Minimum Wage Bill was gazetted for public comment. Given that the Bill was the subject of negotiation and agreement at the National Economic Development and Labour Council (“NEDLAC”), its progress through the legislative process is likely to be fairly smooth. The Bill envisages that it should be in force by 1 May 2018. We highlight its most important provisions below...

Mixed Results as IPR Petitions for Biosimilars Soar
Patterson Belknap Webb & Tyler LLP, December 2017

Inter partes review proceedings for biosimilar products are soaring. Biosimilar makers are taking advantage of IPR proceedings to challenge patents protecting some of the world's most important biologic medicines due to the advantages that these proceedings offer: no standing requirement, no presumption of validity, a lower burden of proof and potentially broader claim construction. More than half of the IPR petitions challenging these patents were filed in fiscal 2017...

Patent prosecution highway to advance Africa-China IP relationship
ENSafrica, December 2017

  The 41st session of the administrative council of the African Regional Intellectual Property Organization (“ARIPO”) recently took place in Lilongwe, Malawi. Several documents on the administrative aspects of the organisation were discussed at the meeting, including the proposed programme of activities for 2018, and proposals to amend some ARIPO treaties to continually keep them in line with international trends...

Changes to Law Allowing Developers to Terminate Off-Plan Sales Contracts
Afridi & Angell, December 2017

Earlier this year, Law No. (19) of 2017 was gazzetted which amends the procedures contained in Law No. (13) of 2008 on Interim Property Registration in Dubai. This law stipulates the procedures which developers must follow if a buyer breaches an off-plan sales contract. The new law is an important development in Dubai and will assist developers who are facing a difficult real estate market and increasing buyer default...

Black cabs and trade marks
ENSafrica, December 2017

The trade mark laws of many countries specifically mention product shapes among the items that can enjoy trade mark protection – shape trade marks are often referred to as “3D trade marks”. Yet, registering and enforcing 3D trade marks can be very difficult, particularly in Europe. This is evident from the latest UK court decision regarding London taxis...

Is My Business Safe from Relationship Property Claims?
MinterEllisonRuddWatts, December 2017

The adage, “Uncertainty is bad for business”, reflects a well-established economic theory in common use at a time of complex global events. It applies equally to the uncertainty caused by relationship breakdown and its disruptive impact on a business-owning spouse or partner (spouse) and their customers. It is important to understand that business assets can be exposed to crippling family law property claims even when held in trust. However you can do something about it...

Stop using our trade mark … please … pretty please
ENSafrica, December 2017

If you have ever received a trade mark letter of demand, the chances are that you thought one or more of the following things: long, scary, legalistic, absurd, incomprehensible. It is far less likely that you thought any of these things: perfectly reasonable request, clearly explained, a tricky issue handled with charm and tact – but things may be changing. Recently, the trade mark counsel of US company TGI Fridays sent a letter of demand to a bar in Chicago called Moneygun...

Is Winter Coming to Pay TV?
Stout, December 2017

The kings of multichannel TV have been buffeted by winds of change. While their future is uncertain, they have some weapons to rely upon. Netflix vs. Hulu vs. Amazon. YouTube TV vs. Yahoo View. HBO vs. Starz vs. Showtime. The 126 million U.S. television watchers have never had more options for how to consume entertainment. And at the same time, approximately 20% of U.S...

Black Friday: is it a trade mark?
ENSafrica, December 2017

Black Friday tends to lead to unseemly physical scuffles, but, somewhat unexpectedly, this year’s Black Friday also resulted in some interesting trade mark scuffles! Black Friday, the retail and marketing phenomenon that originated in the US before spreading to much of the world, officially happened earlier this year, although many readers will have noted that this particular Friday seems to go on for the best part of a week...

To-dos at the Pre-Bidding Phase of Government Procurement Projects
LCS & Partners, December 2017

Following the requirements and qualifications of foreign bidders to participate in government procurement projects, this chapter will focus on the bidding preparations and risk analyses before moving forward in the projects. On-Site Investigations Due to factors such as Taiwan’s multivariate geological environment, it is possible that the actual conditions may differ significantly from the geological and underground data provided by the procuring entity in the tender documents...

South Africa releases Competition Amendment Bill
ENSafrica, December 2017

On 1 December 2017, the South African Minister of Economic Development, Ebrahim Patel, published Government Notice no. 41294, which announced the release of the Competition Amendment Bill, 2017 (the “Competition Bill”) for public comment.Members of the public are invited to submit written comments on the Competition Bill to the Economic Development Department within 60 calendar days of publication of the notice (ie, by 30 January 2018)...

Romanian Government Approves Draft Law on Mining Activities
Nestor Nestor Diculescu Kingston Petersen, November 2017

The Romanian Government has recently approved a draft law on mining activities that is intended to replace the existing law. In order to be enacted, the draft law needs to pass the Parliament test, which means that it will not come into force this year. In addition, the draft can suffer many changes in the parliamentary proceeding...

What Constitutes Membership or Shareholding of a Company in Uganda?
ENSafrica, November 2017

When is one a shareholder or member of a company? This issue was recently considered by the Supreme Court of Uganda in Matthew Rukikaire v Incafex Limited, which ruled that a person who has not fully paid up their shares may be considered a member and shareholder of a company with rights to full participation in the affairs of the company to the extent allowed by the types of shares they hold...

Strategic Partnerships Between Investor-Owned Companies and Nonprofit Hospitals or Health Systems Top Ten Key Considerations
Waller, November 2017

Strategic partnerships between investor-owned companies and nonprofit hospitals or health systems are an unmistakable trend in the health care industry today. Such strategic partnerships can consist of a myriad of structures and variations thereof. The most common transaction structures include affiliations, management arrangements, joint operating arrangements, joint ventures, asset leases, and asset sales/acquisitions...

Legal and Economic Significance of Offshore Finance in the British Virgin Islands
O'Neal Webster, November 2017

International financial records recently stolen from two offshore services firms and 19 corporate registries maintained by governments were leaked to journalists and their details subsequently published around the world. But beyond the hype, however, we find no intelligent inferences of legal significance in the reporting. For example, the media draws attention to a United States Cabinet member's offshore financial transactions but does not allege that his shipping stake was illegal...

Blockchain Basics: Overview of Distributed Ledger Technology Application in Health Care and Legal Considerations
Waller, November 2017

In August 2016, the Office of the National Coordinator for Health Information Technology (ONC) and the National Institute of Standards and Technology (NIST) co-sponsored the Use of Blockchain in Health IT and Health-related Research Ideation Challenge, soliciting whitepapers on how blockchain technology can be used in health care...

The New National Employment Service's Practice of Prolonging of Work Permits
Karanovic & Nikolic, November 2017

The National Employment Service changed its years-long practice regarding the extension of work permits for persons on secondment. In particular, pursuant to Article 19 of the Law on the Employment of foreigners, work permits based on secondment are obtained for a period of the duration of an agreement between the local employer - who is the service user, and a foreign employer, but no longer than for one year...

Dawn Raids: Do you have a policy in place, and is it fit for purpose?
Afridi & Angell, November 2017

The term “dawn raid” refers to an unanticipated visit to commercial premises by a regulatory authority. Examples of this could include a squad of policemen entering a warehouse, a team from a financial-services regulator checking trading records at a bank, or an official from the UAE Ministry of Human Resources and Emiratisation entering your office to check the work permits of all employees present there (an increasingly common practice)...

Unutilised Capital Losses – Can SARS Impose Understatement Penalties?
ENSafrica, November 2017

In terms of section 222(1) of the South African Tax Administration Act, 2011 (the “TAA”), “[i]n the event of an ‘understatement’ by a taxpayer, the taxpayer must pay, in addition to the ‘tax’ payable for the relevant tax period, the understatement penalty determined under subsection (2) unless the ‘understatement’ results from a bona fide inadvertent error” (our emphasis)...

An Important Israeli Court Decision for Dual-Listed Companies
Fischer Behar Chen Well Orion & Co., November 2017

An Important Israeli Court Decision for Dual-Listed Companies: The Liability for Breaches of Reporting Obligations by Dual-Listed Companies Is Governed by the Securities Laws of the Foreign Trading Jurisdiction On November 7, 2017 the Tel Aviv District Court (Economic Division, Judge Kabub) issued a decision in Cohen v. Tower Semiconductor Ltd. et al., C.A...

The Taxation Laws Amendment Bill, 2017: far-reaching changes to debt reduction rules
ENSafrica, November 2017

  The new South African Taxation Laws Amendment Bill, 2017 (the “TLAB 2017”) was released following the public consultation process for the Draft Taxation Laws Amendment Bill, 2017 (the “Draft TLAB 2017”). While some of the changes in the TLAB 2017 following submissions made on the Draft TLAB 2017 are welcome, others are problematic...

The Battle Over Mandatory Resort Fees
Morris, Manning & Martin, LLP, November 2017

  More hotels are imposing mandatory “resort fees” on their guests for amenities, and the amount of those fees is increasing at many of those hotels. Many consumers dislike these fees, even when they appreciate the value of the included amenities. A legal battle is underway over mandatory resort fees...

Africa Tax in Brief
ENSafrica, November 2017

ANGOLA: Introduction of transfer pricing unitA transfer pricing unit, set up as an administrative technical structure forming part of the Large Taxpayers Directorate of the General Tax Administration, was launched on 25 September 2017 and will be responsible for monitoring compliance with Angola’s transfer pricing regime introduced by Presidential Decree No.147/13 of 1 October 2013...

UK Industrial Strategy
Shepherd and Wedderburn LLP, November 2017

 Understandably, representatives for the oil & gas sector were keen to input into the strategy. Stakeholders believe that a purposeful collaboration between the industry and Government and a commitment to a combined effort will ensure that the infrastructure already in place can be used to benefit the UK in the future. Green Paper The green paper set out proposals for discussion and consideration and was an invitation to others to contribute...

Relocating from South Africa? Key steps to undertake in the emigration process
ENSafrica, November 2017

There are a number of considerations when relocating to another country that involve much more than a mere physical departure and the taking up of permanent residence in a foreign country. In South Africa, an individual will continue to be regarded as a South African resident for exchange control purposes until such time as the South African Reserve Bank (the “SARB”) has provided him/her with formal emigration approval...

Development of Latin America Through Foreign Trade and Investment
Brigard & Urrutia, November 2017

Latin America’s current economic growth levels are among the world’s highest, and the region is preparing its regulations to meet new economic challenges. As such, the fostering of foreign trade and foreign direct investment (FDI) is important to increase GDP growth, create job opportunities, and improve logistics and production...

Patterson Belknap Publishes New York Commercial Division Practice Guide
Patterson Belknap Webb & Tyler LLP, November 2017

Patterson Belknap Webb & Tyler LLP announced today the publication of its New York Commercial Division Practice Guide.  This new publication is part of Bloomberg BNA’s Litigation Practice Portfolio Series, and an excerpt is available to download at: http://on.bna.com/H1KM30gCY7v...

Amicorp Group: Assurance Solutions
Amicorp Services Ltd., November 2017

Amicorp Group: Assurance Solutions One of Amicorp’s core businesses is the provision of global compliance and regulatory services through its Assurance solutions platform. More than half of the top 10 global private banks, asset managers, family offices and independent financial advisors have chosen Amicorp as their preferred business partner because of our specialist knowledge and services in the regulatory and compliance field across various continents...

 

 

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