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Africa Tax in Brief
ENSafrica, April 2017

ANGOLA: Budget Law, 2017 details publishedOn 10 February 2017, the provisions of Budget Law, 2017, enacted on 31 December 2016, were published. In terms of the Budget Law, 2017 the 10% withholding tax on technical services and management fees paid to non-residents for the provision of foreign technical assistance or management services (Contribuição Especial sobre as Operações Cambiais de Invisíveis Correntes), which was introduced by Law No...

New York's Cybersecurity Regulations for Financial Institutions & Health Care
Patterson Belknap Webb & Tyler LLP, April 2017

Patterson Belknap Webb & Tyler LLP recently authored the mini-treatise, “New York’s Cybersecurity Regulation for Financial Institutions, A New Age of Cybersecurity Regulation: Raising the Bar and Demanding Leadership Accountability”...

Be Distinct
ENSafrica, April 2017

Persuading clients to adopt distinctive trade marks is no easy task...

SyCipLaw Tax Bulletin: Philippine BIR Rules on Proper Tax Treatment of Passed-on Gross Receipts Tax
SyCip Salazar Hernandez & Gatmaitan, April 2017

On June 13, 2016, the then Commissioner of Internal Revenue issued Revenue Memorandum Circular No. 62-2016 purporting to clarify the proper tax treatment of percentage tax or gross receipts tax (GRT) due on transactions covered by Sections 1211 and 1222 of the Tax Code which are shifted through contractual stipulations to borrowers/customers/clients(“passed-on” GRT)...

Can An Employer Be Forced to Take Disciplinary Action to Make the Workplace Safe?
ENSafrica, April 2017

An employer has the duty to provide employees with safe working conditions, as far as is reasonably practicable. This includes providing a reasonably safe workplace...

Differentiation of Offences for Anticompetitive Agreements
ALRUD Law Firm, April 2017

ALRUD would like to inform you that on April 17, 2017 the President of the Russian Federation signed a draft law setting a differentiation of penalties for conclusion of anticompetitive agreements. The draft law will come into force on April 28, 2017...

Getting the Basics Right
ENSafrica, April 2017

The recent South African Supreme Court of Appeal (“SCA”) decision of Herbal Zone v Infitech Technologies doesn’t contain ground-breaking law. However, the SCA’s passing-off judgments are rare, so it is a case worth discussing. The lessons to be learnt from this decision are that it’s important to get the basics right – make sure that a trade mark is registered and ensure that there is a clear agreement between the trade mark owner and the distributor...

Updates and Highlights in the Mexican Energy Sector, March 2017
Haynes and Boone, LLP, April 2017

As part of the implementation of the Mexican Energy Reform of 2013, several new regulations and administrative guidelines affecting the hydrocarbons and power industries were issued during March 2017. These are of particular importance to oil and gas producers, power generators and others looking to invest or expand operations in Mexico’s dynamic energy sector. I. Hydrocarbons March 6, 2017.Ayín-Batsil Farmout...

Intellectual Property Tax and Exchange Control Reform – the Details Revealed
ENSafrica, April 2017

One of the main surprises in the 2017 South African Budget Review was the announcement of what appeared to be a real shift in policy in respect of the tax and exchange control treatment of certain intellectual property (“IP”) arrangements...

Haynes and Boone, LLP Labor and Employment Alert: Recent Business Insider Article Highlights Key Takeaways from New York Salary History Bill
Haynes and Boone, LLP, April 2017

A recent article from Business Insider featuring Haynes and Boone, LLP Labor and Employment Partner Jason Habinsky addresses key takeaways from the recently passed New York City bill that restricts employers from asking candidates about their salary history. Useful context includes: Employers should “promptly audit and review their documentation regarding the hiring process” to make sure hiring documentation does not request prohibited information...

Navigating Post-Arbitral Aaward Procedures in Tanzania
ENSafrica, April 2017

Post-arbitral award procedures in Tanzania are governed by a number of pieces of legislation, including the Arbitration Act, the Arbitration Rules, 1957 and the Civil Procedure Code (the “CPC”). The High Court of Tanzania is the only forum for the enforcement of arbitral awards. Below, we summarise the process for the filing, registration, enforcement and possible challenge to post-arbitral awards...

SyCipLaw Bulletin: Philippine Court of Appeals Denies Issuance of Environmental Protection Order Against Mining Company
SyCip Salazar Hernandez & Gatmaitan, April 2017

In a decision issued on March 8, 2017, the Philippine Court of Appeals (CA) denied the petition by NGO Ang Aroroy ay Alagaan, Inc. and certain individuals, for the issuance of a writ of kalikasan against Filminera Resources Corporation, and its directors and officers...

Publication of B-BBEE Discussion Document
ENSafrica, April 2017

On 31 March 2017, the Independent Communications Authority of South Africa (“ICASA”) published Government Gazette no. 40759 for comment, a discussion document in relation to equity ownership by historically disadvantaged groups and application of the ICT Sector Code in terms of section 4(b) of the ICASA Act, 2000...

Brexit Begins
Haynes and Boone, LLP, April 2017

After 44 years as a member, the United Kingdom (UK) is now officially on the path to leave the European Union (EU). Article 50 On 29 March 2017, the UK triggered Article 50 of the Treaty on European Union by notifying the European Council of its intention to withdraw from the EU. This followed the referendum held in June 2016, where a majority of UK voters opted to leave the EU...

Sexual Harassment – Who Enforces the Rules?
ENSafrica, April 2017

South African law treats sexual harassment as a serious form of misconduct that infringes upon a person’s dignity and other fundamental rights. The seriousness with which it is viewed by the courts is illustrated by the Labour Appeal Court (“LAC”) decision in MEC for Education (North West Provincial Government) v Makubalo...

Are Trade Marks Fair Game for Use as Google AdWords?
Shoosmiths LLP, April 2017

This article looks at the rise of online advertising amongst brand owners and the impact on Google AdWords. Expenditure on internet advertising in the UK rose by over 15% in the second half of 2016 and is set to increase further this year. With the appetite for online and mobile advertising growing amongst brand owners, the role of Google AdWords appears to be increasing in significance...

Amendments to South African IP Exchange Control Guidelines
ENSafrica, April 2017

In February, in an article on the 2017 South African budget review, we wrote that the government had proposed that companies and individuals no longer required approval from the South African Reserve Bank (“SARB”) for “standard intellectual property transactions” and that the “loop structure restriction for all intellectual property transactions” be lifted, provided that such transactions are arm's length and at a fair market price...

The Obligation to Tender For Non-Eligible Parts of a Construction Project
Heuking Kuhn Luer Wojtek, April 2017

The Oberlandesgericht Celle has recently adopted a decision that is likely to be of particular interest to hospitals which are not, in principle, public contracting authorities within the meaning of the law, but which are used by public authorities to pay more than 50 per cent for the construction of hospitals pursuant to Section 99, 4 of the GWB (decision of 29 November 2016, ref. 13 G 8/16). In the decided case, the client planned to modernize a hospital in three construction phases...

Exchange Control Relaxations for Fund Managers?
ENSafrica, April 2017

In the 2017 South African Budget Review, specific statements were made from a tax and exchange control perspective in relation to fund managers. We briefly consider below whether these statements constitute a relaxation of the exchange control restrictions applicable to South African residents, and the taxes to be considered...

The Danish Government's Growth Team for Life Science Presents 17 Recommendations
Plesner, March 2017

The Danish Government's Growth Team has just Presented its Recommendations for how to Strengthen Denmark's International Position within Life Science. This happened at a Press Conference with the Participation of the Chair of the Growth Team, Kåre Schultz and the Minister for Industry, Business and Financial Affairs, Brian Mikkelsen...

Mauritius to Strengthen Protection of IP Rights
ENSafrica, April 2017

  There have been some encouraging developments following Mauritius’ announcement that it planned to strengthen the protection of intellectual property rights (“IPR”), amid global concerns. For example, much-awaited amendments to industrial property law, including incorporating international treaties, have been effected. As a result, the government’s vision of an efficient and equitable IP system may come to fruition this year...

Dealing with Emerging Contaminants – PFOS and other PFCS
MinterEllisonRuddWatts, March 2017

In Australia, several emerging contaminants are increasingly being detected at a range of operational sites. These contaminants are the perfluorinated chemicals (PFCs) (which include the most common perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA)). PFCs have rapidly been gaining regulatory and media prominence in Australia (and globally), being chemicals which are very widely used in 'fire-fighting foam' chemicals at a range of premises...

Revised Preferential Procurement Regulations, 2017
ENSafrica, April 2017

The revised Preferential Procurement Regulations 2017 (“PPPFA Regulations 2017”) issued in terms of the Preferential Procurement Policy Framework Act, 2000, came into effect on 1 April 2017...

Macedonian Competition Commission Further Strengthens Its Leniency Policy
Karanovic & Nikolic, March 2017

For several years now, a leniency model exists in Macedonia and it is shaped in line with the EU leniency model. Nevertheless, theMacedonian Competition Commission("Commission") decided to refine the existing rules (contained in the Law on Protection of Competition and the accompanying Leniency Regulation) by recently adopting the Leniency Guidelines ("Guidelines")...

Amnesty for Cartel Initiators/Ringleaders in Mauritius
ENSafrica, April 2017

The Competition Commission of Mauritius (“CCM”) is temporarily extending its leniency programme to initiators/ringleaders of cartels until 31 August 2017. To this effect, the CCM has amended its Guideline on Collusive Agreements (“CCM 3”)...

Brazil: Mergers and Acquisitions and The Halal Industry
Veirano Advogados, March 2017

As published in international media, Brazil is still facing economic problems related, for example, to economic growth rate and unemployment. However, Brazil remains a country where investment opportunities continue to exist. Brazil has the advantage of having a large internal market due to the size of its population and of being well positioned geographically in South America, so the country can be a platform for the export of products to other countries in the region...

Possible Limitations on the Enhanced B-BBEE Recognition for EMEs and QSEs
ENSafrica, April 2017

The South African Broad-Based Black Economic Empowerment (“B-BBEE”) Commission recently issued a non-binding practice guide regarding the enhanced recognition status for exempted micro-enterprises (“EMEs”) and qualifying small enterprises (“QSEs”) through the application of the modified flow-through principle...

Insurer v Insured - Certainty is King
Shoosmiths LLP, March 2017

The Court of Appeal has provided useful insight into the meaning of the phrase 'as soon as possible' in relation to insurance policy notification obligations. How will this decision impact upon both insurers and insured parties? In Zurich Insurance plc v Maccaferri Ltd [2016] EWCA Civ...

ICASA States its Regulatory Position on Equipment Type Approval Exemption
ENSafrica, April 2017

Section 35(2) of the South African Electronic Communications Act, 2005, read with the Type Approval Regulations, empowers the Independent Communications Authority of South Africa (“ICASA”) to prescribe: (i) which types of equipment, electronic communications facilities and radio apparatus do not necessitate the user to get approval to use them, where such equipment, electronic communications facilities and radio apparatus have been approved for use by the European Teleco

Land Registry Restrictions - Beware A Blanket Approach
Shoosmiths LLP, March 2017

Residential developers should be aware that agreeing to enter a Land Registry restriction on the title to a property may inhibit their ability to manage it. A positive obligation relating to land will not, as a matter of law, bind future owners of the land. To ensure that it will, the original parties to that land obligation will often agree that any future owner enters into an identical obligation on its purchase of the land...

What the Dickens is Money?
ENSafrica, April 2017

“‘Papa! What’s money?’ Mr Dombey was in a difficulty. He would have liked to give him some explanation involving the terms circulating-medium, currency, depreciation of currency, paper, bullion, rates of exchange, value of precious metals in the market, and so forth; but looking down at the little chair, and seeing what a long way down it was, he answered: ‘Gold, and silver, and copper. Guineas, shillings, half-pence...

Superior Industries Starts Takeover of the German Uniwheels AG
Heuking Kuhn Luer Wojtek, March 2017

A team led by Dr. Guido Hoffmann, LL.M., has been involved in structuring the transaction, corporate, labor and commercial law in a takeover offer for the German wheel manufacturer Uniwheheels Questions and due diligence. The takeover offer is valid for 100 per cent of the outstanding Uniwheheels shares and takes place with the consent of the owner of 61 per cent of the shares. The takeover is conditional on Superior acquiring at least 75 percent of the shares in Uniwheels AG...

Extending A Trade Mark’s Protection Online
ENSafrica, March 2017

In addition to registering their trade marks with the Companies and Intellectual Property Commission (“CIPC”), brand owners should ensure that their trade marks are protected online. One way of doing this is by registering a domain name. What is a Domain Name?A domain name allows a party to establish its identity on the internet. It assists internet users to easily identify brand owners on the internet and to access their sites on the web...

Why Do Signings Appoint For Young Attorneys?
Consortium Legal - El Salvador, March 2017

Today, we are at a time where two-generation professionals are actively developing and competing with each other within their own career. The well-known "millenials" or generation "Y", born according to some analysts between the years 1981 to 1999, and where the majors of this generation are already in the 36 years of life, and those of the generation X...

Upcoming Modernisation of Copyright: Mandatory Exceptions
Van Doorne, March 2017

The European Commission has made a proposal for a directive that is intended to update copyright law to cope with the modern age in which online services are becoming increasingly important. The proposal is part of the 'Digital Single Market Strategy' of the EU: a set of initiatives to create a free trans-border market for online trade and content. The proposed directive (“DSM directive”) supplements the current Copyright Directive with a number of regulations...

Artificial intelligence: Contractual Obligations Beyond The Buzzwords
Lavery, de Billy, March 2017

Can computers learn and reason? If so, what are the limitations of the tasks that they can be given? These questions have been the subject of countless debate as far back as 1937, when Alan Turing published his work on computable numbers1. Many researchers have devoted themselves to developing methods that would allow computers to interact more easily with human beings and integrate processes used to learn from the situations encountered...

The End Of Proxy Wars?
TSMP Law Corporation, March 2017

Have you ever fought in a war? Chances are, you have. Participated in a proxy war that is. Harassing and coercing are some common tactics used in the attempt to obtain as many proxies as possible to wrest majority control. There has even been a situation where an individual held 250 proxies – effectively being able to make every decision solely...

SEC To Require Exhibit Hyperlinks and HTML Format
Haynes and Boone, LLP, March 2017

On March 1, 2017, the Securities and Exchange Commission (the “SEC”) adopted final rules that will require registrants to include a hyperlink to each exhibit identified in nearly all of the registration statements and reports subject to Item 601 of Regulation S-K or under Form F-10 or Form 20-F (the “Final Rule”)...

New UAE Funds Regime
Afridi & Angell, March 2017

The UAE has embarked on an ambitious undertaking by introducing new business friendly mutual funds regulations to stimulate the UAE funds industry and provide the foundation for a more developed regional funds regime in the Gulf Cooperation Council (the “GCC”)...

Australian Food and Agribusiness 2017: Key Themes
MinterEllison, March 2017

2017 is a year of opportunity and challenge for the Australian food and agribusiness sector.  We anticipate an uplift in food and agribusiness M&A activity, and have identified 6 key themes  that are likely to play out in the remainder of 2017. Download our report: Australian Food and Agribusiness 2017: Key themes Opportunities and Challenges – 6 key themes Three key opportunities 1...

Canada-Europe Free Trade Agreement – Imminent Provisional Entry Into Force
Lavery, de Billy, March 2017

On the eve of the provisional entry into force of the Canada-Europe Free Trade Agreement, understanding its implications should be a top priority for any company wishing to expand its activities over the course of the next few years. The vote held on February 15th at the European Parliament in favour of the ratification of the Agreement makes its entry into force imminent...

Protect Your Company from Cyber-threats with Information Security Governance
Moss Adams LLP, March 2017

If you haven’t been breached yet, you either will be or you don’t know it’s already happened. Organizations that suffer from data and information security breaches find themselves looking for answers to why they were targeted and how they could’ve prevented it. The answer is often that their information security governance (ISG) program wasn’t in place and operating as well as it could’ve been...

Microsoft Claim Against Li-Ion Battery Cartel Stayed by English High Court Due to Arbitration Clause
Shepherd and Wedderburn LLP, March 2017

In a judgment handed down by the UK High Court on 28 February 2017, Mr Justice Marcus Smith stayed claims against one defendant and set aside permission to serve the proceedings outside the jurisdiction against the remaining defendants in a competition damages claim relating to the lithium ion (Li-ion) battery cartel.  Competition damages claims are used when a party claims damages for losses allegedly caused by anti-competitive conduct...

Republicans Approach Medicaid Reform as a Balancing Act
Moss Adams LLP, March 2017

Republican leaders in Washington, DC looking to reform the Medicaid system will be trying to balance three competing priorities: Rein in costs Eliminate unpopular fees and taxes used to pay for the Affordable Care Act (ACA) Prevent the federal deficit from ballooning In this article, we provide a brief overview of how the Medicaid program works; the impact of Medicaid expansion, including pre- and postexpansion Medicaid enrollment numbers; and Republicans’ proposed solution

Dawn Raid In Montenegro
Karanovic & Nikolic, March 2017

In March 2017, the Montenegrin Agency for the Protection of Competition carried out an unannounced inspection (dawn raid) at the business premises of Sava Trans d.o.o. Cetinje, a company engaged in freight transport, in order to collect data necessary for undertaking further actions carried out by the Agency...

Artificial Intelligence and the 2017 Canadian Budget: Is Your Business Ready?
Lavery, de Billy, March 2017

The March 22, 2017 Budget of the Government of Canada, through its "Innovation and Skills Plan" (http://www.budget.gc.ca/2017/docs/plan/budget-2017-en.pdf) mentions that Canadian academic and research leadership in artificial intelligence will be translated into a more innovative economy and increased economic growth...

Will There Be Lots Of Whistleblowers? A New Antitrust Tool For The European Commission
Wardynski & Partners, March 2017

The idea of using whistleblowers to uncover and combat anticompetitive arrangements is spreading ever wider. Recently the European Commission announced introduction of such a tool. In a press release issued on 16 March 2017, the European Commission announced that it has launched a new tool of antitrust policy. It is an anonymous channel through which individuals can notify the Commission of cartels and other anticompetitive practices...

Networking: Cable Operator Merger Conditionally Cleared By The Competition Commission
Karanovic & Nikolic, March 2017

Following a four month-long Phase II investigation, the Serbian Competition Commission granted conditional clearance to SBB's takeover of IKOM. This consolidation of leading cable operators in Belgrade represents a landmark case for the Serbian authority and is related to global trends in consolidation of cable network operators, which fosters the investments necessary for improvements to network infrastructure and competition with IPTV, OTT and satellite content providers...

Major Belgian Company Law Reforms – What To Expect
ALTIUS/Tiberghien, March 2017

At the end of 2015, the Belgian Minister of Justice gave an overview of planned reforms of Belgian company law. These major reforms are scheduled to be passed by the Belgian parliament in the second half of 2017. Even though the relevant legislative texts are not yet available, details of the envisaged reforms are becoming clearer. In this news flash, we will describe some of the planned changes...

Gorenje Zagreb Fined For Resale Price Maintenance
Karanovic & Nikolic, March 2017

Resale price maintenance and price-fixing has been and still is under scrutiny by the Croatian Competition Agency (the "Agency"). Carrying on from a number of high-profile cases, in February 2017 the Agency fined Gorenje Zagreb, a subsidiary of Slovenia's premier manufacturer of household appliances for HRK 1,557,000 (approximately EUR 206,000)...

 

 

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