Dear Ladies and Gentlemen, We would like to inform you that the Federal Antimonopoly Service (hereinafter - "FAS Russia") proposes to exempt from inspections such companies that have effective antimonopoly compliance systems. FAS Russia also intends to implement a risk-oriented approach and develops criteria for the companies to be included in the list of scheduled inspections. According to the Deputy Head of FAS Russia Mr ...
On Wednesday, April 26, 2017, the Supreme Court heard oral argument in Sandoz Inc. v. Amgen Inc. et al., a landmark case that many hope will provide clarity and guidance for consumers and the pharmaceutical industry on the regulatory approval pathway for biosimilar drugs under the Biologics Price Competition and Innovation Act of 2009 (“BPCIA” or “Biosimilars Act”) ...
The current Presidential Administration has not exempted work visas from its immigration initiatives and focus. On April 18, 2017, President Trump signed an Executive Order designed to protect American jobs (“Hire American”) and products and goods manufactured in the United States (“Buy American”) ...
The Texas Supreme Court recently held that policy benefits can constitute actual damages for violations of the Texas Insurance Code, clearing up confusion over the damages recoverable for statutory "bad-faith." The Problem Since 1998, Texas policyholders and insurers have faced uncertainty regarding the damages recoverable when an insurer engages in “unfair or deceptive acts or practices” as set forth in Chapter 541 of the Texas Insurance Code. Section 541 ...
EnerDry holds numerous patents based on inventions by its founder and CEO Arne Sloth Jensen, including European Patent EP 1 070 223 B1. This patent relates to steam dryers with a specific type of cyclone, which substantially improves the capacity and efficiency of steam dryers ...
The Decree permits the holder of granted land to mortgage such land subject to certain conditions. It is expected that the Decree will stimulate growth in Dubai by enabling developers, who hold granted land, to obtain finance for their projects by mortgaging the granted land. The Director General of the Dubai Land Department (DLD), Sultan Butti Bin Merjren, has said that the Decree is a key legislative initiative that will have a positive impact on the real estate market ...
The Centre for Amicable Settlement of Disputes (the “Centre”) was established by Dubai Law No. 16 of 2009 and is entrusted with the task of attempting to mediate disputes, prior to such disputes being referred to court. The Centre is affiliated with the Dubai Courts and the mediators appointed in the Centre act under the supervision of a judge. If the parties reach a settlement, such a settlement must be recorded in writing, signed by the parties and attested by a judge ...
Created in 2007 with a view to provide French law with a security agent regime in syndicated loans as competitive as the Anglo-saxon security trustee, the provisions of Article 2328-1 of the French Civil Code have been subject to criticism because of the legal uncertainty related to the nature of the security agent''s powers and its too limited scope ...
The Internal Revenue Service ("IRS") has issued an update to Publication 5146 (Employment Tax Returns: Examinations and Appeal Rights) which outlines the procedures used to conduct employment tax examinations and employers' rights and responsibilities during and after the examination process ...
The Gig Economy So you work in the CBD. Here’s your day: You book a Grab car to get to work; as you leave the apartment, the dog walker shows up to take your beagle for a run and a bath. You’re rushing a presentation for a new client and chow down a sandwich at your desk, brought to your office by foodpanda. The client, a tech entrepreneur who's started an online sales portal, calls to ask you to meet at Starbucks because he needs a chai macha latte ...
Disruption. Possibly the most overused word in today's global lexicon, it refers to the upheaval that is created when a new business (these days, usually founded by a smart alec entrepreneur) uproots an established method of delivering a product or service. Think Spotify, a music-streaming business that has sounded the death knell of CDs. It has, as its most vocal opponent, pop star Taylor Swift, who felt that it did not adequately value her art ...
A recent article in the Financial Times caused some raised eyebrows in the fund finance market by implying that subscription line facilities create substantial risks to banks and investors. The article references a memo on Oaktree Capital’s website by Howard Marks, Oaktree’s co-chairman and founder, in which he discusses some of the perceived costs and risks associated with such facilities. If readers dig into the memo, they will find that Mr ...
In Mendoza v. Nordstrom, Inc., the California Supreme Court responded to questions posed by the Ninth Circuit concerning the interpretation of California’s day-of-rest statutes, which are found in Labor Code Sections 550-558.1. Initially, former Nordstrom employees filed a Private Attorneys General Act action, alleging that Nordstrom had failed to provide guaranteed days of rest to its nonexempt employees in California ...
The question of the scope of the cost-sharing VAT exemption, also referred to in the Council Directive 2006/112/EC of 28 November 2006 as amended ("EU VAT Directive") as "Independent Groups of Persons" or "IGPs", is currently being debated at the Court of Justice of the EU ("CJEU") in several cases. Last Thursday marked the first milestone regarding this specific VAT exemption since the CJEU released its judgment in the case Commission v Luxembourg (C-274/15) ...
The Financial Oversight and Management Board for Puerto Rico recently filed a voluntary petition for relief on behalf of Puerto Rico in federal court there. The filing required the Chief Justice of the United States to designate a district court judge to conduct the case. In recent months Chief Justice Roberts appointed District Judge Laura Taylor Swain of the Southern District of New York ...
The recent storm in the UK about Scottish craft brewing company BrewDog’s decision to invoke its trade mark rights against much smaller rivals highlights the difficulties and negative repercussions that can arise when it comes to enforcing trade mark rights. BrewDog has been extraordinarily successful ...
The Labour Appeal Court ("LAC") judgment in Liberty Group Limited v MM is a reminder to employers to be vigilant when dealing with allegations of sexual harassment in the workplace and to ensure that managers are equipped to deal with reports of sexual harassment. A failure to do so can be a costly mistake, as the employer in this decision learnt ...
In 2014, a South African court convicted Paralympian Oscar Pistorius of culpable homicide (manslaughter), following the shooting of his girlfriend Reeva Steenkamp, and he was given a custodial sentence of five years. The conviction was later replaced with one of murder and his sentence increased to six years imprisonment ...
Two recent developments, one positive and one negative, highlight some of the serious issues that face copyright. The positive development is that UK courts have again shown that they are prepared to deal decisively with difficult copyright issues posed by the electronic age ...
It seems absurd that South Africa’s Supreme Court of Appeal (“SCA”) should be called on to decide what the word “between” means. But that’s exactly what happened in the recent patent case of Orica Mining Services v Elbroc Mining Products. In the process, the SCA very clearly opted for a purposive interpretation of patent claims. The two parties involved, Orica and Elbroc, supply goods to the mining industry ...
Recent developments in the UK regarding plain-packaging requirements for cigarettes have again shone the spotlight on this contentious issue. A while back, we reported on developments in Australia, where the country’s Tobacco Plain Packaging Act, 2011 requires tobacco companies to sell their products in identical olive green packs, with graphic images reflecting the possible health consequences of smoking, and the brand name (sans logo) in very small script ...
Once legal proceedings relating to a debt have started, does the subsequent substitution of one of the parties affect the prescription period for the debt? This was the crux of the recent Supreme Court of Appeal ("SCA") case of Sentrachem Limited v Terreblanche. A substitution occurs when a party to legal proceedings is replaced by another party, with no effect on the cause of action ...
The Chilean Economic Development Agency, Corfo, and the Foreign Investment Promotion Agency, InvestChile, have announced the opening of the first call for national and foreign companies, to express their interest in manufacturing lithium products, such as battery cathodes and electrolytes. Companies that are selected will be guaranteed 25 per cent of US producer Albemarle’s lithium production at the lowest cost available in the market ...
The Croatian Competition Agency (the "Agency") initiated proceedings against Grand Auto – an authorised dealer of Land Rover and Jaguar cars for Croatia, after an initiative by the Auto Dealership "Karlo", a former authorised repairer of the said cars for Croatia ...
Following recommendations from a working group formed by the Ministry of Transportation, Ports and Civil Aviation (MTPAC) and discussions with representatives of different interested parties, President Michel Temer recently signed a decree changing the regulations of (Ports Law) ...