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Abuse of dominance: Important clarifications by the European Court of Justice
Advokatfirmaet Simonsen Vogt Wiig AS, September 2017

The European Court of Justice makes important clarifications relevant for dominant firms'' pricing and rebate policies in its recent Intel-judgment   IntroductionOn 6 September 2017, the European Court of Justice (''ECJ'') delivered its long awaited judgment in the Intel appeal case. The judgment sets aside the ruling by the General Court and refers the matter back to that court...

Practical benchmarks regarding the recognition and enforcement in Romania of court and arbitral judgments rendered in foreign jurisdictions
Nestor Nestor Diculescu Kingston Petersen, September 2017

In a world that is becoming increasingly globalized, the law serves as a powerful tool in improving economic and social conditions. In such a world, trans-border judicial proceedings, or, as legal scholars call it, "legal disputes with extraneous elements" demand a certain consistency and predictability...

BIVA – The New Mexican Stock Exchange
Haynes and Boone, LLP, September 2017

On August 29, 2017, the Mexican Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público) grantedCentral de Corretajes(“CENCOR”) a new concession to operate a new stock exchange in Mexico. This new stock exchange will be calledBolsa Institucional de Valores(“BIVA”). It is anticipated that BIVA will initiate operations in early 2018...

New Ministerial Decision brings clarity to Private Joint Stock Companies
Afridi & Angell, September 2017

The private joint stock company is one of the forms of company contemplated by UAE Federal Law No. 2 of 2015 concerning commercial companies (the Companies Law). The UAE Federal Ministry of Economy has now promulgated Ministerial Decision No. 539 of 2017 (the Ministerial Decision) which was issued on 29 May 2017 and is now in force, and expressly abrogates Ministerial Decision No...

The European, Middle Eastern and African Antitrust Review 2018 - Israel: Overview
Fischer Behar Chen Well Orion & Co., September 2017

 The Restrictive Trade Practices Law, 5748-1988 (the Law) is the primary law dealing with antitrust issues in Israel and its objective is to prevent harm to competition or the public. The Law contains the substantive rules that apply to the various restrictive trade practices (restrictive arrangements; mergers; monopolies; concerted groups)...

Draft South African protection of personal information regulations have arrived
ENSafrica, September 2017

The long-awaited draft South African Regulations Relating to the Protection of Personal Information, 2017 (the “draft Regulations”) were published today, 8 September 2017. Direct marketers have been speculating for years about the manner and form that the regulations will take under section 69(2) of the Protection of Personal Information Act, 2013 (“POPI”)...

Hurricane Harvey: Checklist for Corporate Insurance Claims
Haynes and Boone, LLP, September 2017

In the days following Hurricane Harvey, tremendous attention has been appropriately placed on individual safety and rescue for the millions affected by the storm’s devastating winds and catastrophic flooding. Now the immediate emphasis for many corporate policyholders has turned to the practical challenge of repairing damaged property and restoring business operations suspended by the storm...

Asia Business Law Journal: "Build or Bust?"
SyCip Salazar Hernandez & Gatmaitan, September 2017

SyCipLaw Senior Counsel Andres G. Gatmaitan and SyCipLaw Partner Angel M. Salita, Jr. were interviewed for an article in the March-April 2017 Issue of the Asian Business Law Journal (ABLJ). The article, entitled "Build or Bust?", tackles the challenges faced by the current administration in planning and developing infrastructure projects in the Philippines because of the structure of the PPP regulation in the country.   Read the article online.   Andres G...

Mexican Ministry of the Environment Publishes Guidelines for Protection and Conservation of Waters in Unconventional Blocks
Haynes and Boone, LLP, September 2017

The Ministry of Energy has announced that before the end of the Peña Nieto Administration on December, 2018, the National Hydrocarbons Commission (CNH) will call the fifth bid of Round 2 (commonly known as Bid 2.5) for the award of exploration and production contracts for onshore blocks, which will include unconventional or shale blocks...

Bidding Qualifications for Taiwan's Mega Infrastructure Program (Part I)
LCS & Partners, September 2017

After getting the knowledge of GPA Model and PPP Model, the bidders need to know how to make preparation during the pre-bid stage. Following are the responses to some most frequently asked questions regarding bidding qualifications, based on which the foreign bidders can make its preparation plan...

Force Majeure in the Aftermath of Hurricane Harvey
Haynes and Boone, LLP, September 2017

As Hurricane Harvey continues to cause far-reaching disruptions, it is important to understand how to effectively assert or respond to assertions of force majeure. This summary outlines the steps to take to assert force majeure, and initial considerations for those who have received several notices of force majeure from counterparties...

An online store called Glamazon
ENSafrica, September 2017

There’s an interesting trade mark case brewing in Australia, one that has some useful trade mark lessons.Online retail giant Amazon is opposing a trade mark application filed in 2015 by an Australian clothing retailer, Live Clothing, to register the trade mark Glamazon for retail services, including those relating to clothing. On the face of it, this case looks like an absolute “slam-dunk” for Amazon. This case is, however, far from clear...

Preparing for Hurricane Irma: Insurance May Help Weather the Storm
Hunton & Williams LLP, September 2017

Types of Weather-Related Losses for Which Insurance May Be Available   Different businesses are affected differently by the same storm, and even the same physical damage. For instance, a physical loss to a part supplier caused by flooding or a lost roof might impact that business as a physical property loss and as a consequential loss of business income...

Amendments to the Mexican Securities Markets Regulations
Haynes and Boone, LLP, September 2017

On August 11, 2017, the Mexican Securities and Exchange Commission (Comisión Nacional Bancaria y de Valores, the “CNBV”) published amendments to the Mexican Securities Markets Regulations. The amendments cover a number of topics, including: 1. Changes to Disclosures by Issuers...

Export Development Canada's "First 5 Calls: Philippines"
SyCip Salazar Hernandez & Gatmaitan, September 2017

From a regulatory and legal point of view, what do Canadian companies need to know about doing business here? The Philippines is a party to several treaties, including a tax treaty that applies to Canadian suppliers that want to sell goods to the Philippines. There are special laws for investors depending on the type of activity they plan to engage in. Manufacturers and companies in the renewable energy sector could be entitled to tax incentives...

Resources for Healthcare Providers in the Aftermath of Hurricane Harvey
Haynes and Boone, LLP, September 2017

Hurricane Harvey has radically impacted every industry in southeastern Texas, including healthcare providers, who continue to analyze potential next steps in ensuring operations can resume so that they can further assist those in need of healthcare services. Below are several links to resources that may be helpful for healthcare providers attempting to navigate through their options...

"BSAAML Enforcement Things Are Getting Personal" by Brian Malcom Alabama Bankers Association Board Briefs JulyAugust 2017 Newsletter
Waller, August 2017

The financial exploitation of elders is a hot topic in state legislatures, with the federal government, and in the media. In the first few months of 2017 alone, media reports from Gadsden, Fairhope and Dothan chronicle four cases of financial exploitation, with losses in each case ranging from $20,000 to $100,000 over short periods of time. The perpetrator in each case was a family member of the victim. One had a power of attorney which he used to gain access to the victim''s accounts...

Hurricane Harvey: Employer Considerations in Office Closures and Reopenings
Haynes and Boone, LLP, August 2017

Whenever emergency situations such as Hurricane Harvey cause office closures and such offices are subsequently reopened, Texas employers must remember several points to stay compliant with employment laws. In general, employees who are classified as exempt from the Fair Labor Standards Act’s minimum wage and overtime provisions must be paid a salary each week...

Compliance with the Protection of Personal Information Act: are you ready?
ENSafrica, August 2017

The Protection of Personal Information Act, 2013 (or “POPI” as it has colloquially become known) promotes the protection of personal information by requiring that public and private bodies comply with certain standards when collecting, processing, storing and sharing personal information. While POPI has yet to come into effect, there have been some developments moving it closer to implementation...

Special Edition Benefits Alert: Hurricane Harvey
Haynes and Boone, LLP, August 2017

IRS provides Retirement Plan Loan and Hardship Distribution Relief for Harvey Victims The IRS has released Announcement 2017-11 providing relief from some of the loan and hardship distribution requirements under qualified retirement plans (including Code Section 401(a) and 403(b) plans) for the period of August 23, 2017 through January 31, 2018. The relief applies to employees or former employees either (i) whose principal residence on Aug...

Position of Russian Federal Tax Authorities in respect of currency control regulation
ALRUD Law Firm, August 2017

Position of Russian Federal Tax Authorities in respect of currency control regulation August 29, 2017 Dear Ladies and Gentlemen, This is to inform you that Federal Tax Authority of the Russian Federation published the Letter no. 3-H-3-17/5523@ dated July 16, 2017, in respect of the position regarding legitimacy of transactions of Russian residents on their foreign bank accounts which were not declared to the local tax authorities (the “Letter”)...

Hurricane Harvey and Price Gouging: Considerations for Franchisors
Haynes and Boone, LLP, August 2017

In the wake of Hurricane Harvey, franchisors should take action to avoid potential liability for price gouging committed by franchisees in affected areas. Price gouging occurs when a seller increases prices of goods, services or commodities to a level that is exploitive and unethical. Texas law explicitly prohibits price gouging following a natural disaster, and fines for price gouging can be up to $20,000 per violation...

"Limiting Liability Exposure for a Private Family Trust Company" by John Bunge Waller Private Family Trust Company Research
Waller, August 2017

Provisions in a trust instrument can expressly limit and define the scope of the PFTC’s fiduciary duties, including the Prudent Investor Rule and the duty to inform and report. Generally, the ability to limit fiduciary duties is subject to “mandatory” rules dictated by state statutes or common law. Some states have stringent mandatory rules, while other states seek to maximize the trust settlor’s freedom of disposition and freedom of contract...

Hurricane Harvey and Insurance Coverage: Protecting Your Statutory Rights Before September 1st
Haynes and Boone, LLP, August 2017

As Hurricane Harvey continues to sweep the Texas coastline and destroy property in its path, insureds should take action before September 1st to protect their statutory rights and avoid the changes made under House Bill 1774, also referred to as the “Hail Bill,” which take effect September 1, 2017. The Hail Bill adds “Chapter 542A - Certain Consumer Actions Related to Claims for Property Damage” to the Texas Insurance Code...

Illegal gambling regulation (Philippines)
SyCip Salazar Hernandez & Gatmaitan, August 2017

The June 2017 issue of the International Financial Law Review (IFLR) included an article by SyCipLaw partner Maria Jennifer Z. Barreto entitled, “Philippines: Illegal gambling regulation”. In the article, Ms. Barreto discussed the salient points of Executive Order (EO) No. 13, published on February 2, 2017, which aims to strengthen the Philippine government’s fight against illegal gambling. EO No...

Hurricane Harvey: TCEQ Guidance for Hurricane Harvey
Haynes and Boone, LLP, August 2017

By August 23, 2017 Proclamation, the Governor of the State of Texas declared that Tropical Depression (now Hurricane) Harvey poses a threat of imminent disaster in 30 counties in and around the Texas coast beginning August 23, 2017. In response, the Executive Director of the Texas Commission on Environmental Quality (TCEQ), in a press release, directed regulated entities to its guidance at https://www.tceq.texas.gov/response/hurricanes...

New regulations allow for bancassurance in Uganda
ENSafrica, August 2017

The Insurance (Bancassurance) Regulations, 2017 were recently gazetted, giving effect to bancassurance under the Insurance Act, 2017 (which is yet to commence) and the Financial Institutions Act, 2004.The introduction of Bancassurance in UgandaBancassurance refers to an arrangement where an insurance company uses a bank’s sales channels to sell insurance products...

Getting the Deal Through: Aviation Finance & Leasing 2017
SyCip Salazar Hernandez & Gatmaitan, August 2017

SyCipLaw Partners Imelda A. Manguiat and Carina C. Laforteza, Senior Associate Bhong Paulo A. Macasaet, and Associate Maricar G. Ramos contributed the Philippine chapter of Getting the Deal Through: Aviation Finance & Leasing 2017. The chapter addressed pivotal questions about air law and aviation financing and leasing. The scope and rules and regulations of owning, leasing, securing, financing and operating an aircraft were also discussed...

A Lawyer's Struggle to Overcome Barriers and Live by Ideals in the Practice of Law
Patterson Belknap Webb & Tyler LLP, August 2017

There are few things more important today than lawyers willing to serve their communities - whether its people of color or immigrants or anyone pursuing freedom of speech, religion or from oppression. We’re living in extraordinary times. The ability to earn a legal education and serve a greater good has rarely been more important than it is today. My law school''s library and classrooms were my home away from home...

Regulatory Immigration Framework: Options to immigrate and work in Panama
Morgan & Morgan, August 2017

Introduction. Panama has become a popular destination to immigrate in the region, due to its economic growth and socio-political stability which contrasts with other neighboring countries´ intricate conditions. Within the last decade, multiple infrastructure projects, as well as incentives favorable to establish and operate multinational companies have resulted in an increase of foreign nationals within the country, creating a multi-ethnic and multi-cultural society...

New Way of Claiming Damages for Competition Law Infringements in Croatia
Karanovic & Nikolic, August 2017

New Way of Claiming Damages for Competition Law Infringements in Croatia News Karanovic & Nikolic On the 22nd of July, 2017, the Law on Actions for Damages for Competition Law Infringements came into force in Croatia (the "Law"), implementing the EU Damages Directive...

SEC Expands Use of Confidential IPO Filings
Lowenstein Sandler LLP, August 2017

On June 29,2017, the Securities and Exchange Commission (SEC) announced that it will permit all companies to confidentially submit draftregistration statements for review under the Securities Act...

South Africans working abroad – proposed removal of tax exemption
ENSafrica, August 2017

On 19 July 2017, the South African National Treasury released the 2017 Draft Taxation Laws Amendment Bill (“draft TLAB”) for public comment. One of the proposals contained in the draft TLAB is the deletion of the exemption for foreign employment income contained in section 10(1)(o)(ii) of the Income Tax Act, 1962 with effect from 1 March 2019...

Dismissal of 62-year old teacher did not constitute discrimination
Plesner, August 2017

In a decision of 9 August 2017, the Board of Equal Treatment established that the dismissal of a 62-year old teacher did not constitute discrimination on the grounds of age. The board found it proven that the teacher''s competence profile could best be dispensed with in connection with the educational institution''s forward-looking need to cover lessons with a reduced number of teachers...

Retrospective country-by-country reporting and transfer pricing documentation requirements
ENSafrica, August 2017

South Africans who think that their tax burden is going to decrease because country-by-country (“CbC”) reporting does not apply to their company should think again!In addition to the recently released draft notice requiring the submission of CbC reports, master file and local file returns, the South African Revenue Service (“SARS”) has recently issued the External Business Requirements Specification (“BRS”) document, setting out CbC and Financial Data

Trump Administration and Republican Senators Announce Proposed Immigration Legislation: The RAISE Act
Haynes and Boone, LLP, August 2017

On August 2, 2017, President Trump and Senators David Perdue (R-GA) and Tom Cotton (R-AR) announced an immigration bill, which would profoundly amend and re-structure the Immigration Nationality Act...

Africa Tax in Brief
ENSafrica, August 2017

BOTSWANA: Amending protocol to treaty with France signedOn 27 July 2017, Botswana and France signed an amending protocol to the Botswana/France Income Tax Treaty, 1999 in Gaborone. CAMEROON: VAT refund procedure available onlineThe Cameroonian Minister of Finance issued a communiqué on 14 June 2017, announcing that the value-added tax (“VAT”) refund procedure has been simplified and is available online as from 3 July 2017 for enterprises registered with the Large Tax Unit...

Two Bidding Models - Access to Taiwan's Mega Infrastructure Program
LCS & Partners, August 2017

Design of the Models Taiwan law provides for two models for private parties to participate in governmental infrastructure projects. One is the model under the Government Procurement Act (“GPA Model”) and the other is the Public-Private Partnerships Law (“PPP Model”). The most significant difference between the two models lies in the funding entity...

Mauritius Supreme Court delivers ground-breaking judgment in unfair competition case
ENSafrica, August 2017

The Mauritius Supreme Court, in a decision handed down on 9 August 2017 on the case of Emtel Ltd v The Information and Communication Technologies Authority & Ors, awarded over MUR524-million in damages under article 1382 of the Mauritius Civil Code as a result of the joint “fautes” of the Information and Communication Technologies Authority (the “Authority”), Mauritius Telecom Ltd (“MT”) and Cellplus Mobile Communications Ltd (“Cellplus”)...

New Tax Procedures Law in the UAE
Arendt & Medernach, August 2017

On 31 July 2017, the President of the United Arab Emirates (the “UAE”) issued the new Tax Procedures Law (the “Law”). This Law contributes to build the UAE’s tax system, to regulate the administration and collection of taxes and most importantly, to clarify the respective rights and obligations between the Federal Tax Authority (the “FTA”) and the taxpayer...

South African draft tax amendment targets share buybacks
ENSafrica, August 2017

The first draft Taxation Laws Amendment Bill, 2017 (the “2017 TLAB”) was released on 19 July 2017 for public comment (due by 18 August 2017).Among other things, it is proposed that the current section 22B of the Income Tax Act, 1962 (the “Act”) and paragraph 43A of the Eight Schedule to the Act, be substituted with a new section 22B and paragraph 43A...

Be VAT ready - Tax Procedures Law is already here
Afridi & Angell, August 2017

  It has already been in the public domain for a while that VAT will be applicable in the UAE (and the GCC) from the beginning of 2018. Under the VAT regime, businesses will be collecting taxes on behalf of the government and will file tax returns accordingly. Although the tax is collected at each stage of value addition, the burden of tax falls only on the end consumer. For all the other stages, one can claim a refund. For this reason VAT is called ‘consumption tax’...

Closing window for tax and exchange control relief
ENSafrica, August 2017

The window period for South African residents to regularise their unauthorised foreign assets under the Special Voluntary Disclosure Programme (“SVDP”) closes on 31 August 2017. The current SVDP is the latest in a series of such opportunities offered by the Financial Surveillance Department of the South African Reserve Bank (“SARB”), beginning with the 2003 exchange control amnesty...

Governance and the Rise of the Activist Shareholder
MinterEllisonRuddWatts, August 2017

As the tide of shareholder activism rises around the world, MinterEllisonRuddWatts discussed the trend and implications for New Zealand business at its annual Corporate Governance Symposium for directors and executives last night...

Landmark Ugandan Supreme Court ruling on jurisdiction in tax disputes
ENSafrica, August 2017

The Supreme Court has ruled in a landmark case that the Tax Appeals Tribunal (“TAT”) has original jurisdiction to hear tax disputes, and the High Court only has appellate jurisdiction. Until now, the long-established position was that the High Court and the TAT had concurrent jurisdiction and a litigant had discretion to lodge an application with the TAT or file the dispute in the High Court. In Uganda Revenue Authority v Rabbo Enterprises (U) Ltd and Mt...

Global Cartel – Follow-on Class Actions in Israel – Is This The End?
Fischer Behar Chen Well Orion & Co., August 2017

  We would like to update you with regard to the Israeli Supreme Court Ruling of July 31, 2017, which establishes that, for the purpose of service out of the jurisdiction based on Regulation 500(7) of the Israeli Civil Procedure Regulations, 5744-1984 (“Civil Procedure Regulations“) – it is not sufficient to indicate damage which allegedly occurred within Israel, but rather an act or omission in Israel must be shown...

Rent must now be charged in Uganda shillings
ENSafrica, August 2017

Section 5 of the Income Tax Act (Cap. 340) (the “ITA”) has been amended to, among others, include a requirement that all rental agreements be executed and effected in Uganda shillings.Below, we summarise this new legal requirement.What is the meaning of the new requirement?All rental agreements executed after the law comes into force must express the rent in Uganda shillings and must be payable in Uganda shillings.Is the law in force?Yes, the law took effect on 1 July 2017...

The New Design Law (Israel)
Fischer Behar Chen Well Orion & Co., August 2017

  On July 26, 2017, the Knesset approved a new Design Law (the “Design Law” or the “Law”). The Law will come into force 12 months following its publication. “Designs” are defined as the visual features of products (such as cars, electrical appliances, screen displays, furniture, jewelry, fashion, etc.), which are not purely utilitarian...

Havaianas: Not a Flop
ENSafrica, August 2017

A recent BBC article entitled “Havaianas: How a Brazilian flip-flop took over the world” doesn’t mention IP once, yet it contains some useful IP lessons...

Mexican Government Announces Key Positions for Upcoming Renegotiation of NAFTA
Haynes and Boone, LLP, August 2017

On July 31, the Mexican Ministry of Commerce submitted to the Senate the Priorities of Mexico in the Negotiations for theModernization of the North American Free Trade Agreement (NAFTA)(the “Position Paper”)...

 

 

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