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Remuneration for holidays or national mourning in Panama
Morgan & Morgan, November 2017

Most of holidays and national mourning that are covered by Article 46 of the Labor Code of the Republic of Panama are in November, December and January. In fact, they are considered as such, November 3, 5, 10 and 28; December 8 and 25; and on January 1 and 9...

Senate Approves Trump Nominee for General Counsel of NLRB: How This Will Impact Non-Union Lawyers
Spilman Thomas & Battle, PLLC, November 2017

On November 8, 2017, the U.S. Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board ("NLRB" or "Board"). In private practice, Robb was a noted critic of the NLRB under the Obama administration, particularly the Board's so-called quickie election rules and what he has termed the Board's narrow definition of supervisory status...

The International Comparative Legal Guide to: Patents 2018
SyCip Salazar Hernandez & Gatmaitan, November 2017

1. PATENT ENFORCEMENT 1.1 Before what tribunals can a patent be enforced against an infringer? Is there a choice between tribunals and what would influence a claimant’s choice? Patents are enforced against an infringer either through a civil action before the Regional Trial Court (“RTC”) or an administrative action before the Bureau of Legal Affairs (“BLA”) of the Intellectual Property Office of the Philippines (“IPOPHL”)...

Business Work Visas, Two Developments that Affect Employers
Haynes and Boone, LLP, November 2017

The current Administration continues to be active in the area of immigration law and policy, and has promulgated several Executive Orders (“EO”), mostly directed to immigration enforcement and national and public security. The exception is the April 2017 Buy American, Hire American Executive Order, which extends to and impacts professional work visas...

The EFTA Court renders judgment in landmark public procurement case
Simonsen Vogt Wiig AS, November 2017

Simonsen Vogt Wiig and lead counsel Anders Thue represented Fosen-Linjen AS (a ferry operator) against AtB AS before the EFTA Court. AtB organises the public transportation in one of the Norwegian counties. In its judgment delivered on 31 October 2017 (in Case E-16/16), the EFTA Court replied to questions referred to it by the Frostating Court of Appeal (Frostating lagmannsrett)...

Updates and Highlights in the Mexican Energy Sector, September-October 2017
Haynes and Boone, LLP, November 2017

During the months of September and October 2017, new regulations and administrative guidelines in the Mexican energy sector were issued. These are of particular importance to oil and gas producers, midstream companies, power generators, traders, developers and others looking to invest or expand operations in Mexico’s dynamic energy sector. I. Hydrocarbons September 5, 2017. NOM-167-SEMARNAT-2017...

Current Challenges With International Recognition and Enforcement of Mortgages on Ships - Is the Solution found in the Aviation Sector?
Simonsen Vogt Wiig AS, October 2017

Current Challenges with International Recognition and enforcement of Mortgages on Ships – Is the Solution found in the Aviation Sector? Introduction Having practised both as a shipping lawyer and an aviation lawyer for many years, I do find the experience and practice with the Cape Town Convention and aviation finance transactions to be interesting when experiencing the challenges faced by the shipping industry with respect to recognition and enforcement of mortgages...

E&P Companies and the OCC’s Leverage Test – October 2017 Update
Haynes and Boone, LLP, November 2017

In August 2016, we reviewed publicly available data for a group of 58 E&P companies and predicted how they would fare under the leverage test that had, at the time, recently been introduced by the OCC.Based on that review, we predicted that, in 2016, over 91 percent of the companies reviewed would be non-passing credits under the OCC’s leverage test. The average leverage ratio of the E&P companies reviewed in 2016 was 6.0x...

Stop! Wait! Move! - No Longer Stamp Duty for Residential Homes
DORDA, October 2017

On 12 October 2017, right in a last minute attempt to win undecided voters for one of the political parties, the leaving members of parliament enacted a new tax law. While fundamental changes to the Austrian Tenancy Law had been vividly discussed between the socialist and the conservative parties in recent years, the new law on the abolition of stamp duty falls completely short of what could have been achieved...

A Checklist for Victims of Napa/Sonoma Fires: Recovering from Your Insurance
Haynes and Boone, LLP, October 2017

The purpose of this alert is to provide victims of the Napa/Sonoma fires a checklist to use when seeking recovery from their insurance companies. Property Insurance policies may provide coverage for damage to both your property and your business. Business losses can result from a variety of causes, all of which may be covered under a property policy...

The Right to be Forgotten
Afridi & Angell, October 2017

Afridi & Angell has recently successfully assisted two individuals in becoming forgotten. Put another way, we were able to convince the Dubai Financial Services Authority (the DFSA) that the names of the individuals should be removed from public documents available on the DFSA website. These included published regulatory actions (in the form of enforceable undertakings) and DFSA media releases...

Take Action by December 31st or Lose DMCA Safe Harbor Protection for User-Generated Content
Haynes and Boone, LLP, October 2017

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provided a safe harbor to shield website owners, ISP’s, and other online service providers from certain claims for copyright infringement based on user generated content. This safe harbor has been very successful...

Publication: Outlook on Law and Business in Poland
Wardynski & Partners, October 2017

A new item has been added to the extensive catalogue of the firm’s publications. In our Outlook on law and business in Poland we discuss trends in changes in the law, such as increased regulatory pressure and increased penalisation of commerce. These are illuminated by concrete examples from practice and conclusions concerning the consequences of these phenomena that can be expected to occur or are already happening...

Design Risk: What Have You Agreed?
Haynes and Boone, LLP, October 2017

Contractual negotiations for ships and offshore units commonly involve commercial, legal, and technical teams negotiating different parts of the contract. It is however crucial that before the contract is signed, it is read as a whole to ensure consistency in a party’s obligations throughout the contract. The English Supreme Court’s judgment inMT Højgaard A/S v. E...

Don't Just Say Your IT System is Secure, Prove it
Ulmer & Berne LLP, October 2017

In today’s environment, where cybersecurity threats are becoming more and more pervasive, even small healthcare organizations understand that purporting to have comprehensive data privacy and security policies and procedures in place isn’t enough. Business partners want more. Regulators demand more. They want implementation and efficacy. They want to know that health and other sensitive data will truly be protected from threats – in actuality...

Slovenia Adopts Class Action Law
Karanovic & Nikolic, October 2017

Slovenia Adopts Class Action Law Views Karanovic & Nikolic The Slovenian National Assembly adopted the Class Action Law, which will implement an important institute to the Slovenian legal system, i.e. mechanism of class action. This mechanism is already applied in the UK, Belgium, Netherlands and Sweden, but is yet to be implemented in numerous EU member states...

Tax changes for 2018 disclosed in the new budget bill
Arendt & Medernach, October 2017

On 11 October 2017, and the last time before next year’s parliamentary elections, the current Luxembourg Finance Minister presented the budget law for 2018 to the Parliament (Chambre des Députés)...

Norwegian Continental Shelf – A New Dawn for EPC Alliance Contracts?
Simonsen Vogt Wiig AS, October 2017

Introduction Following the collapse of oil prices – from their peak of an average of $112 per barrel in 2012 to their lowest point of $28 per barrel in 2015/2016 – a significant number of developments became commercially unviable. During the lowest period, oil prices were substantially lower than the breakeven price of most new developments...

Monitoring of the use by an Employee of a Professional Instant Messaging Service for Personal Purposes
Arendt & Medernach, October 2017

Court Decision in Barbulescu v. Romania   On 5 September 2017, the Grand Chamber of the European Court of Human Rights (the “ECHR”) examined for the first time the issue of the monitoring of electronic communications of an employee by a private employer, within the framework of an action brought by Mr Barbulescu, an engineer employed by a private company in Romania...

VAT registration in the UAE has commenced
Afridi & Angell, October 2017

The United Arab Emirates (UAE) Federal Tax Authority (FTA) has commenced accepting registrations for Value Added Tax (VAT) through its online portal...

Surviving the Loss of Your Home
Hanson Bridgett LLP, October 2017

This article is written in response to the wildfires in Napa, Mendocino & Sonoma Counties. I lost my home in the 1991 Oakland Firestorm. As such, my heart goes out to the residents of Napa, Mendocino and Sonoma counties whose homes were damaged or destroyed, to the firefighters and first responders who have risked and are risking their lives, as well as to the community, which will also experience the aftermath of such devastating fires...

PRIIPs KID: are you ready?
Arendt & Medernach, October 2017

In less than 4 months the Priips-Kid regulation will come into force. The exercise of ensuring compliance with this regulation is not an easy one...

ALB: “Enforcement Update: Philippine Competition Act”
SyCip Salazar Hernandez & Gatmaitan, October 2017

It has been almost two years since Republic Act No. 10667, otherwise known as the Philippine Competition Act (the PCA), took effect on August 8, 2015...

Nobilis-Maximino - Fifth Pemex Farmout Public Bid
Haynes and Boone, LLP, October 2017

On September 18, 2017, the National Hydrocarbons Commission (Comisión Nacional de Hidrocarburos) (“CNH”) called an international public bid for the selection of a partner for Pemex Exploración y Producción (“Pemex”) to pursue exploration and production activities in the Nobilis-Maximino field, located in deep waters in the Perdido Belt in the Gulf of Mexico...

What are the Tax and Exchange Control Implications of Bitcoin?
ENSafrica, October 2017

With virtual currencies such as Bitcoin becoming ever more popular and accessible, it is important that South African taxpayers carefully consider the tax and exchange control uncertainties that accompany the incorporation of these relatively new systems into businesses and/or investment portfolios. We highlight below some of the tax and exchange control consequences arising from transactions involving Bitcoin...

ILPA Calls on GPs for Subscription Line Transparency
Haynes and Boone, LLP, October 2017

Download a PDF version of this alert. ILPA’s Paper In June 2017 the International Limited Partner''s Association (ILPA) published its paper "Subscription Lines of Credit and Alignment of Interests: Considerations and Best Practices for Limited and General Partners." Since then there''s been a lack of on the record industry commentary from general partners (GPs) on this paper, but it has not gone unnoticed and has triggered much discussion behind closed doors...

GDPR – new EU privacy rules: African organisations take note
ENSafrica, October 2017

  On 25 May 2018, a new set of privacy rules formed by the European Union (“EU”) will take effect. The General Data Protection Regulation (“GDPR”) seeks to replace the Data Protection Directive 95/46/EC. Organisations – including many African ones – will need to make changes to their oversight, technology, processes, and human resources to comply with the GDPR...

Mexico: Round Three – First Public Bid
Haynes and Boone, LLP, October 2017

The Mexican government announced on September 28, 2017 the first bid of Round 3. This will be the sixteenth upstream bid round in Mexico since the enactment of the energy reform in mid-2014. The new bid round (named Round 3...

Rights of Persons with Disabilities Act
Kochhar & Co. Advocates & Legal Consultants, October 2017

Rights of Persons with Disabilities Act - A well meaning legislation albeit with complex terms, anomalies and aggressive penal provisions   The Rights of Persons with Disabilities Act (“the Act”) is undoubtedly a welcome and much awaited enactment. The genesis of the Act lies in the UN Convention for persons with disabilities and the Act seeks to fulfill India’s obligations under this International treaty...

Media, Entertainment, and First Amendment Newsletter, October 2017
Haynes and Boone, LLP, October 2017

View a PDF of the October 2016 edition of the Haynes and Boone Media, Entertainment and First Amendment newsletter. The Libel Suit Strikes Back Much has changed since 1972 when reporters Woodward and Bernstein exposed President Nixon of wrongdoing. Through their extraordinary reporting, the public learned of “dirty tricks,” criminal actions and a cover-up led by this country’s leaders inside the White House...

Imagine there’s no protection
ENSafrica, October 2017

The recent spat between Yoko Ono and a Polish drinks company highlights the importance of registering trade marks.What happened in this matter was that John Lennon’s widow, Yoko Ono, threatened a small Polish lemonade manufacturer with legal action. The issue? The product that the Polish company sells in a number of European countries is called John Lemon...

Opportunities in Dubai's Healthcare Sector
Afridi & Angell, October 2017

Dubai is the fastest growing healthcare market within the GCC and is becoming an increasingly attractive sector for investors. In this inBrief article we explain the key drivers behind this growth and set out the options available to investors wishing to enter the Dubai healthcare market...

Let’s (not) twist again
ENSafrica, October 2017

South Africa’s Supreme Court of Appeal (“SCA”) has handed down an important trade mark judgment. The case of PepsiCo Inc v Atlantic Industries deals with the issues of distinctiveness and likelihood of confusion, with a special emphasis on sub-brands. There are a lot of important points in this short judgment, so I am going to quote liberally.The facts: PepsiCo applied to register the trade mark Pepsi Twist (with and without a device) for soft drinks...

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

Are bidders required to partner with a Taiwan company to participate in the bidding process? Foreign companies may participate in the bidding process on their own, so long as they meet the bidding qualifications. Most public engineering projects permit either bidding by a single company or by a joint bid. So long as a company is able to meet the qualifications for the procurement project, it may submit a bid on its own...

Trade marks in China: a New Balance
ENSafrica, October 2017

There was a time when companies were sceptical about IP protection in China, with the general impression being that the law was heavily weighted in favour of local companies, some of whom seemed to make a habit of hijacking foreign brands. But things have changed considerably over the past few years, and a recent trade mark development should further persuade African businesses that their IP rights, and particularly their trade marks, will be properly protected in China...

Tenth Circuit Dismisses Litigation Over Federal Hydraulic Fracturing Rule
Haynes and Boone, LLP, October 2017

Earlier this year, the Tenth Circuit dismissed two appeals in connection with the Bureau of Land Management’s (“BLM”) Final Rule implementing its regulations imposing new standards and obligations on hydraulic fracturing on federal and Indian lands (“Fracking Rule”). The appeals had been filed challenging the district court’s prior ruling that struck down the rule in the face of industry, state, and tribal challenges...

ASA’s jurisdiction regarding non-members finally settled
ENSafrica, October 2017

The issue of the jurisdiction of the South African Advertising Standards Authority (“ASA”) to determine matters involving individuals and companies that don’t belong to the body has now been resolved by an agreement that has been made an order of the Supreme Court of Appeal in the case of Advertising Standards Authority v Herbex (Pty) Ltd...

SEC Announces New Cyber and Retail Investor Initiatives
Haynes and Boone, LLP, October 2017

After weeks of headlines dominated by Equifax’s cyber breach affecting 143 million consumers and the breach of the SEC’s own EDGAR system, the SEC recently announced the creation of (i) a Cyber Unit to target cyber-related misconduct and (ii) a Retail Strategy Task Force to strengthen its protection of retail investors...

VAT and Excise Tax
Afridi & Angell, October 2017

The UAE has issued substantive law on Value Added Tax (VAT) and Excise Tax. Federal decree law No.8 of 2017 deals with VAT. The imposition of VAT will commence in the UAE from 1 January 2018 at a rate of 5%. The VAT law provides a framework for implementation of VAT in the UAE...

SEC Issues Additional CEO Pay Ratio Disclosure Guidance, Affording Companies More Flexibility to Reduce Compliance Costs
Haynes and Boone, LLP, October 2017

On September 21, 2017, the Securities and Exchange Commission (the “SEC”) issued new guidance on compliance with pay ratio disclosure requirements, including an SEC release (“Interpretative Release”), commentary from the SEC staff in question and answer format (“Q&A”) and updated Compliance and Disclosure Interpretations (“C&DIs”)...

Instances Whereby Transfer of Funds to Foreign Residents will be Exempt
Fischer Behar Chen Well Orion & Co., September 2017

The Israeli Tax Authority ("ITA"), published a list of instances whereby transfer of funds, through banking corporations, to foreign residents will be exempt from tax withholding...

Summary of Updates and Highlights in the Mexican Energy Sector, July-August 2017
Haynes and Boone, LLP, September 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 July-August 2017. These are of particular importance to oil and gas producers, midstream companies and power generators, traders and others looking to invest or expand operations in Mexico’s dynamic energy sector...

FSB victory in market abuse case
ENSafrica, September 2017

The Supreme Court of Appeal handed down judgment today, 28 September 2017, in the matter of Pather v Financial Services Board.  The decision concerns a challenge to the jurisdiction of the Enforcement Committee of the Financial Services Board (“FSB”) to deal with market abuse, specifically in this case publishing false statements that resulted in an overstatement of the performance of their company...

Changing How Products Get From the Manufacturer to the Customer: Common Questions and Risks
Haynes and Boone, LLP, September 2017

  It starts with the best of intentions: A startup medical device company has just sold to a larger enterprise with an established sales team and customer base and no longer needs distributors. A consumer packaged goods company has just bought a brand and needs to transition to a new team of brokers. A growing company is finally ready to take its supply chain captive, including the distribution of products to customers, and no longer needs small distributors or sales representatives...

A Legal Obligation to Monitor your Social Media Pages?
ENSafrica, September 2017

Many of us are aware of the popular myth that ostriches believe burying their heads in the sand will make them invisible to predators. In other words, an “if I can’t see you, you can’t see me” approach. Even though scientists will tell you that this is not true, the approach seems to bear a resemblance to the online behaviour of some humans...

Title Insurance in India: An Opportunity Awaits
Kochhar & Co. Advocates & Legal Consultants, September 2017

Under RERA, the promoter of a real estate project is obliged to obtain the requisite insurance policies required to secure the development of project and insurances as may be notified by the government. The lack of transparency and uniformity in the Indian real estate market has done little to entice insurance companies from tapping into lucrative land deals and developing insurance products for the real estate sector...

Appointment and duties of an information officer in terms of South Africa’s POPI draft regulations
ENSafrica, September 2017

he office of the South African Information Regulator recently published its first draft regulations in terms of the Protection of Personal Information Act, 2013 (“POPI”), entitled “Regulations relating to the Protection of Personal Information, 2017”. The draft regulations are open for public comment until 7 November 2017...

The Food Fight: Winning Strategies for a Dynamic Industry
Stout, September 2017

The food and beverage industry is undergoing rapid change. Consumer tastes and shopping habits are evolving in dramatic fashion, and the battle for relevance is intense. In the wake of the recent acquisition of Whole Foods by Amazon, a large group of food-focused finance and law professionals gathered in Chicago to assess the state of the industry. Gian Ricco, a Director in Stout’s Investment Banking group, was a featured panelist at the event hosted by OPUS Connect...

The Health Industry is like the Cook School: Always Process the Commodities Properly
Simonsen Vogt Wiig AS, September 2017

Norway has biobanks and health registers that from a world perspective are practically unique. We frequently use metaphors like "silver heirlooms" and "the new oil". The test nevertheless consists in whether the Norwegian research environments are successful in commercializing their research, and the commodities require a correct processing. The Lifandis StoryLifandis AS (former Hunt Biosciences) managed Norway's most valuable biobank and its data; the so-called HUNT collection...

Changes in legislation on foreign investments in strategic companies of the Russian Federation
ALRUD Law Firm, September 2017

September 22, 2017 Dear Madam or Sir, We hereby inform you that recently Federal Law dated 01.07.2017 No. 155-FZ (“155-FZ”) and Federal Law dated 18.07.2017 No. 165-FZ (“165-FZ”) have been adopted and became effective, introducing significant amendments to Federal Law dated 29.04.2008 No...

 

 

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