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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...

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...

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...

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...

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...

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...

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")...

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...

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...

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...

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...

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)...

Taking Responsibility = Liability
Delphi, March 2017

The courts’ widening of liability for polluted land and groundwater continues. From two new rulings it can be understood that taking responsibility in agreements can be held against the company that has chosen to be responsible. The fact that a person who pursues an activity or takes a measure (an “operator”) which results in pollution is also liable for the pollution is made clear in chapter 10 of Sweden’s Environmental Code...

Employer Compliance in an Era of Heightened Immigration Enforcement: The IMAGE Program
Haynes and Boone, LLP, March 2017

In February 2017, Secretary of Homeland Security John Kelly issued two memoranda providing guidance on the recent Executive Order entitled "Border Security and Immigration Enforcement Improvements." This Executive Order established new policies regarding effective border security and immigration enforcement...

SyCipLaw TMT Bulletin: Philippine Central Bank Issues New FinTech Rules
SyCip Salazar Hernandez & Gatmaitan, March 2017

The Bangko Sentral ng Pilipinas (BSP) (the Philippine Central Bank) has issued two new circulars that will be of interest to companies engaged in remittance services, e-money, digital currency, and other fintech businesses. Both circulars amend portions of the BSP Manual of Regulations for Non-Bank Financial Institutions. BSP Circular No...

Amicorp offers Private Label Fund Solutions for Families
Amicorp Services Ltd., March 2017

A case study with a Family Office with four different family branches creating one fund Private Label Fund solutions have been utilized by institutional investors and asset managers for some time, but are now increasingly being used by wealthy private clients and families. Private Label Funds are identical, and offer the same protection, as retail funds, but they are designed around the private client’s requirements in terms of type of fund and legal structures...

The Covenants May Not Run, But Sabine’s Ruling Won’t Hide
Haynes and Boone, LLP, March 2017

In the most recent ruling arising from the now infamous Sabine case (In re Sabine Oil & Gas Corp., 547 BR 66 (Bankr. SDNY 2016)), in which New York bankruptcy Judge Shelley Chapman held in favor of Sabine Oil & Gas Corp...

Legal Regulation of Incorporation and Activity of Commercial Organizations with Participation of Foreign Investors in the Republic of Belarus
VMP Vlasova Mikhel & Partners, March 2017

Incorporation of Commercial Organizations Types of commercial organizations Regulation of incorporation and functioning of organizations is carried out on the basis of the following acts of legislation: the Civil Code of the Republic of Belarus dated 07.12.1998 with further changes and amendments (hereinafter - the “Civil Code”), Law of the Republic of Belarus “On Companies” in the wording of 10.05...

You Can't Stifle Consumer Reviews: Complying with the Consumer Review Fairness Act
Haynes and Boone, LLP, March 2017

As of March 14, 2017, the recently enacted Consumer Review Fairness Act (the “Act”)1 will prohibit “gag clauses” – contract provisions that prohibit or restrict a consumer's ability to write negative reviews of products and services. While enforcement by the Federal Trade Commission (“FTC”) and state attorneys general is set to begin on December 14, 2017, businesses should act now to ensure compliance...

New Serbian Data Protection Law In 2017?
Karanovic & Nikolic, March 2017

After having prepared the first draft of the new data protection law back in 2014 (which was ignored by the Government in the meantime, and even dismissed by the Ministry of Justice's introduction of a separate draft law in 2015), the Serbian Data Protection Commissioner ("Commissionaire")1 published the second draft of the new law on March 6th, 2017 ("Draft")...

IFLR: “Philippines: Foreign Equity Ownership Decision”
SyCip Salazar Hernandez & Gatmaitan, March 2017

The March issue of the International Financial Law Review (IFLR) includes an international briefing article by SyCipLaw Partner Jose Florante M. Pamfilo entitled “Philippines: Foreign equity ownership decision”. The article discusses the Philippine Supreme Court decision on the case of Roy v. Herbosa (GR no. 207246) to invalidate the Securities and Exchange Commission (SEC) Memorandum Circular no...

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

View a PDF of the March 2017 edition of the Haynes and Boone Media, Entertainment and First Amendment newsletter. Texas Supreme Court Roundup: A Mixed Bag for Media and Open-Government Advocates The first weeks of 2017 saw legal issues affecting the media taking center stage, both nationally and in Texas...

Termination Due to Actions of Employee Constituting Criminal Act
Karanovic & Nikolic, March 2017

Amending the Labour law in July 2014 raised some arguable and sensitive issues regarding termination of the employment contract when employee's behaviour represents criminal act. In fact, it was the employer who decided if an employee's behaviour represent a criminal act...

Bollywood: a little too much inspiration
ENSafrica, March 2017

In the 21st century, cinema and film play a major role not only in our social activities, but also as a tool for learning about our history, addressing the issues faced in society and imagining what the future of a more innovative world would look like. However, the legal implications of telling a story through film, the cinema and television, go far deeper. Issues of copyright infringement, particularly within the Hollywood and Bollywood context, have found their way to the court room...

Fund Finance Global Legal Insights 2017 Released, Haynes and Boone Authors Investor Issues Chapter
Haynes and Boone, LLP, March 2017

We are pleased to inform you that Ellen McGinnis and Erin England have co-authored a chapter in a book recently published in connection with the Fund Finance Association’s 2017 Global Fund Finance Symposium. Their chapter in the Global Legal Insights publication is titled “Historical Perspective and Evolution of Investor Issues in Subscription Financing – From Credit Analysis to Enforcement...

Companies Registered in Tanzania: Comply with Annual Filing Obligation or Face Deregistration and Penalties
ENSafrica, March 2017

 In terms of the Companies Act, 2002 (Cap RE 212) (the “Act”), every company incorporated or registered in Tanzania as a branch of a foreign company has an annual filing obligation with the Registrar of Companies, also called the Business Registrations and Licensing Agency (“BRELA”)...

Federal Budget and Capital Gain: Time for Tax Planning
Lavery, de Billy, March 2017

There is currently speculation in the media that Liberal Finance Minister Bill Morneau's next federal budget will increase the capital gain inclusion rate from 50% to 75%. The combined marginal tax rate on capital gains is currently 26.7% for a resident of Québec. This rate would reach nearly 40% if the budget was to increase the capital gain inclusion rate to 75%. A $1,000,000 capital gain would thus generate approximately $133,000 in additional taxes...

Extending Your Trade Marks’ Protection Online
ENSafrica, March 2017

In addition to registering your trade mark with the Companies and Intellectual Property Commission (“CIPC”), brand owners should also ensure that their trade marks are protected online. One way of doing so, 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 you on the internet and to access your site on the web...

2016 Reminders and Planning Ideas for 2017
Haynes and Boone, LLP, March 2017

2016 Follow-Up Payments on Promissory Notes and Guarantees. If you sold property (for example, real estate, stock, or an interest in a family limited partnership or other closely-held entity) to a family member or a trust for a promissory note in the past, the purchaser should make the proper interest payments. Also, if the transaction involved a guarantee of any part of debt, the guarantor should receive the proper guarantee fees. Gift Tax Returns...

The 2017 South African Budget Review: Cross-border IP Transactions
ENSafrica, March 2017

Government has proposed that companies and individuals no longer need the South African Reserve Bank’s approval 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...

Alrud Real Estate Practice Specialists Prepared an Article for IBA Newsletter: "Don’t be Trapped in Lease Agreements"
ALRUD Law Firm, March 2017

ALRUD Real Estate practice Specialists, Andrey Zharskiy, ALRUD Partner, Stanislav Veselov, ALRUD Senior Associate, Galina Kulikova and Ksenia Bondarenko, ALRUD Attorneys, prepared an Article for the Newsletter of the Real Estate Section of the International Bar Association Legal Practice Division. The article, “Don’t be Trapped in Lease Agreements” covers main pitfalls that tenants in Russia may face while terminating a commercial real estate lease agreement...

What the 2017 South African Budget Review Means for Pension Funds
ENSafrica, March 2017

The 2017 South African Budget Review, published on 22 February 2017, contained several statements (summarised below) that may be of interest to pension funds, their investment managers and administrators. Tax Preservation of benefits after reaching normal retirement dates: In 2014, amendments were made to the Income Tax Act, 1962 to allow individuals to elect to retire...

Law N°21,000 Establishes the National Financial Market Commission of Chile
Carey, March 2017

On February 23, 2017, Law N°21,000 (the “Law”) was published in the Official Gazette of Chile, creating the Commission for the Financial Market (the “Commission”), a professional body and technical entity that will replace the current Superintendency of Securities and Insurance (“ SVS “). The Law will enter into force in August 2018, or at an earlier date if the Commission becomes operational sooner...

 

 

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