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Autonomous Cars in Quebec: The Legal Uncertainty is Clarified at Last
Lavery, de Billy, July 2018

With the recent enactment of Bill 165, An Act to amend the Highway Safety Code and other provisions1, the driving of autonomous vehicles in Quebec is finally regulated, although a number of uncertainties remain. Indeed, the driving of autonomous vehicles of automation level 3, such as Tesla’s model X equipped with an improved guidance system, is now permitted in Quebec...

Pilot Scheme for Risk Sharing in the Reimbursement System as Part of the Growth Plan for Life Science
Plesner, July 2018

The Danish government has now published its life science growth plan, which aims at making Denmark a leading life science nation in Europe. The growth plan is based on the recommendations submitted by the Growth Team for Life Science. Plesner has previously reported on the topic  The growth plan contains 36 initiatives in 6 key areas. One of the many initiatives is a pilot scheme for risk sharing in the drug reimbursement system...

The Halal Market and Agribusiness Investment
Veirano Advogados, July 2018

The international trading market is currently quite favorable to commodity-producing countries such as Brazil. In recent months, the Bloomberg Commodity Index, which tracks daily the performance of main commodities, closed at US$89.49, 1.5% higher than it was at lhe end of 2017 and 6.73% higher than it was 12 months ago...

Australian Life Sciences and Biotech - Key Themes and Trends
MinterEllison, July 2018

The Australian life sciences and biotech sector is likely to continue its resurgence over the next twelve months, with global trends driving strong M&A activity in life sciences and biotech M&A. We have identified 6 key themes for activity in this sector. Three Key Opportunities  1. Demographic Trend According to the Australian Institute of Health and Welfare, healthcare expenditure in Australia is growing faster than population growth and GDP growth...

Patents for Inventions Related to Zika Virus, Chikungunya Virus, and Rare Diseases may have Fast-Track Examination at the BPTO
Veirano Advogados, July 2018

Resolution number 217/2018 was published in the Brazilian PTO’s Official Bulletin number 2470, and amends Resolution number 80/2013, which refers to the fast-track examination for patent applications related to products, pharmaceutical processes, equipment and materials related to public health, aiming to accelerate patent applications considered strategic to the Brazilian Public Healthcare System...

Future Technologies in Transport
MinterEllison, July 2018

What are some of the exciting developments we're seeing in transport? How can these be practically applied? We were delighted to host a Fast Track session as part of our sponsorship of Amplify, AMP’s innovation festival, where we explored how innovative high speed transportation systems will impact our future. But how can these new technologies be introduced into society? High speed transportation systems Long commutes could soon be history...

New Requirements for the Connection of Power-Generating Facilities are Underway
Plesner, July 2018

In recent years the European Commission has issued numerous regulations setting out various network codes and requirements aimed at improving the security of energy supply within the EU. As Denmark is a member of the EU these regulations are directly applicable in Denmark...

Supreme Court to Evaluate Critical Habitat Limits as Services Ramp up ESA Reform Efforts
Hunton & Williams LLP, July 2018

As the Trump administration is pushing forward on its deregulatory agenda and, in particular, its efforts to improve the Endangered Species Act (ESA) and its implementation by the US Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together, the Services), the Supreme Court is poised to hear a landmark case on designation of critical habitat under the ESA that could provide some guideposts for the Services’ new regulations...

Biased Tax Collection on 'Streaming'
BLP, July 2018

According to the bill, online purchases will also be taxed Recently, the government announced the submission of the latest tax reform to the Legislative Assembly, which is called the Public Finance Enhancement Plan. This new tax package is the merging of four projects that have been floating around the Legislative Assembly for a few months now...

New System of Processing Customs Destination Certificates for Medical Devices Without a Sanitary Registration
Carey, July 2018

in recent months a Customs Destination Certificate (CDA, in its Spanish acronym) will be required for medical devices1that do not have a sanitary registration to be imported into Chile. The CDA must be requested and obtained by the importer through the Institute of Public Health’s (ISP, id.) GICONA 2.0 electronic platform, and will require the payment of an official fee corresponding to the service code 4111027, “Customs Destination Certificate, law 18,164”...

"False" Self-Employment and the Gig Economy - Where are We Now?
A&L Goodbody, July 2018

The question of 'employment status', continues to concern many employers working within today's 'gig economy'. The UK Supreme Court recently provided guidance on the correct "label" to be bestowed on 'gig economy' workers. Pimlico Plumbers recently lost an appeal in the UK Courts against a finding that one of its plumbers was a "worker" for the purposes of relevant UK employment legislation – not a self-employed independent contractor...

Gun Jumping in Merger Cases - Important Clarifications by the ECJ
Simonsen Vogt Wiig AS, July 2018

The European Court of Justice ("ECJ") recently came with important clarifications regarding the implementation of mergers before merger clearance, so called "gun jumping." The topic often arises in merger cases where the parties have "signed the deal" but are awaiting clearance by the relevant competition authority. What can be done by the parties before closing post signing, and what cannot be done prior to implementation? The judgment in case C-633/16 Ernst & Young P/S v...

Recent Structural Developments in Aircraft ABS Transactions
A&L Goodbody, July 2018

Since 2013, the demand for aircraft ABS (asset-backed securitisation) transactions has gone from strength to strength. Last year saw a record number (14) of ABS deals close and 2018 is on course to at least match that number. For many aircraft lessors, access to the capital markets is a crucial component of their capital structure...

“Seismic Shifts in Digital Technology:” Supreme Court Creates Exception to Third-Party Doctrine for Cell-Site Location Information
Dykema, June 2018

After not disturbing the Third-Party Doctrine for more than 40 years, the Supreme Court created a significant exception to it inCarpenter v. United States. Slip Op., 16-402 (Jun. 22, 2018). Under the Third-Party Doctrine, individuals who voluntarily provide personal information to third parties are deemed to relinquish their legitimate reasonable expectation of privacy in that information...

Dr. Robot at Your Service: Artificial Intelligence in Healthcare
Lavery, de Billy, June 2018

Artificial intelligence technologies are extremely promising in healthcare.1 By examining, cross-referencing and comparing a phenomenal amount of data,2 AI lets researchers work more quickly at a lower cost3 and facilitates doctors’ decision-making with regard to diagnosis, treatment and choice of prescription. The integration of AI into the healthcare field can take various forms:4 Management of electronic medical records (e.g...

Texas Supreme Court Holds: No Cause of Action for Interference With Inheritance Rights
Dykema, June 2018

On June 22, 2018, in a 5-4 decision, the Supreme Court of Texas settled a conflict in appellate court rulings by holding there is no cause of action in Texas for intentional interference with inheritance...

Reversing the Ban on Nursing Home Arbitration Agreements
Waller, June 2018

The hits keep coming to plaintiffs’ attorneys seeking to invalidate nursing home arbitration agreements. Last year, the plaintiffs’ bar could smell victory when the Centers for Medicare & Medicaid Services (CMS) announced its new rule banning arbitration clauses in nursing home admission contracts...

Anonymous Whistleblowers Make Millions for Reporting Their Own Companies to Federal Regulators
Dykema, June 2018

Ferdose al-Taie, Dallas-based senior counsel in Dykema’s Commercial Litigation group, authored the article “Anonymous Whistleblowers Make Millions for Reporting Their Own Companies to Federal Regulators,” forFOCUS, the quarterly newsletter of the Association of Corporate Counsel (ACC) South Central Texas Chapter. In the article, al-Taie shines a light on the ins and outs of Dodd-Frank Whistleblower awards and who is eligible for consideration...

The Award of Administrative Contracts - New Benchmarks for Review Procedures
Nestor Nestor Diculescu Kingston Petersen, June 2018

After a sustained legislative marketing activity that started earlier this year, Government Emergency Ordinance 45/2018 amending and supplementing certain regulatory acts with impact on public procurement was published in the Official Gazette no. 459...

What The Supreme Court's Wayfair Ruling Means for Businesses
Dykema, June 2018

Earlier this year the U.S. Supreme Court released its much-anticipated opinion inSouth Dakota v. Wayfair, Inc., in which it held that physical presence within a State is no longer a prerequisite to the imposition of liability on out-of-state sellers to collect and remit sales taxes. In doing so, the Court overruled two of its own earlier cases—National Bellas Hess, Inc. v. Department of Revenue of IllinoisandQuill Corp. v. North Dakota...

Increased Risk: The Importance of Questions to Policyholders
Lavery, de Billy, June 2018

Earlier this year, in a case in which Marcelin Fortier (hereinafter the “applicant”) sued his insurer, the Superior Court rendered a decision1 whereby it reiterates the principles applicable to the notion of increased risk in insurance, and insisted on the importance of the questions asked by insurers at the time an insurance contract is purchased.  On 8 January 2015, the applicant’s home was seriously damaged by fire...

Supreme Court Decides Fraud Perpetrator is Not Required to Reimburse Victim for Costs of Private Investigation
Dykema, June 2018

InLagos v. United States, 584 U.S. ___ (2018), the Supreme Court issued a unanimous ruling that limits the ability of corporate victims of fraud to seek reimbursement of legal fees for internal investigations. The case began when GE Capital discovered that Sergio Lagos falsified numerous invoices for his company, which he used as collateral to obtain tens of millions of dollars in loans from GE Capital...

Is an Audio Recording on Magnetic Tape a Technological Document?
Lavery, de Billy, June 2018

Despite its coming into force in 2001, the courts have frequently avoided commenting on the application and interpretation of the Act to Establish a Legal Framework for Information Technologies1 (hereafter the “LFIT Act”), preferring instead to rely on the provisions in the Civil Code of Québec2. In the decision of Benisty v. Kloda3, judge Jacques J...

CJEU Guidance in Merger Cases: Qualification of a Measure as Gun-Jumping Requires Contribution to a Lasting Change in Control of the Target
Nestor Nestor Diculescu Kingston Petersen, June 2018

How to strike the right balance between (i) the business need to take preparatory steps in view of integrating the target in M&A deals and (ii) the legal requirement to comply with the standstill obligation under merger control rules? CJEU preliminary ruling of 31 May 2018 in C-633/16 (EY case) concurs with the conclusion presented on 18 January 2018 by Advocate General Wahl in its Opinion, clarifying that the standstill obligation in mergers only applies to actions which contribu

Nexus in a Post-Wayfair World
Fredrikson & Byron, P.A., June 2018

A merchant of goods and services that makes sales in multiple states is no longer required to have physical presence in a state in order to be subject to sales and use tax in that state. In a 5–4 ruling issued on June 21, 2018 (South Dakota v. Wayfair), the U.S...

Caught Between a Rock and a Hard Place
Hunton & Williams LLP, June 2018

The Corps Struggles to Balance Competing Constitutional and Statutory Duties Federal agencies must often balance competing policy concerns and legal requirements. This process may be difficult and fraught with intense public feedback, and frequently results in litigation. The U.S. Army Corps of Engineers (the Corps) has found itself in the hot seat over how it manages the nation’s rivers, pitting its obligations under the Endangered Species Act (ESA) against private property rights...

The Compliance Challenges of Cross-Border Deals
Haynes and Boone, LLP, June 2018

The business world continues to be a multinational place, with marketplaces and supply chains that cut across national borders. Global expansion efforts have also spawned a growing desire for cross-border deal making. These mergers and acquisitions, however, are easily complicated by language and cultural differences, in addition to local politics and regulatory regimes...

Employers: Make Sure You Know Your ABCs
Dinsmore & Shohl LLP, June 2018

In a unanimous decision, the California Supreme Court recently addressed the standard to determine whether a worker is an independent contractor or an employee in wage and hour disputes under California’s Industrial Welfare Commission (IWC) wage orders.  In Dynamex Operations West, Inc. v...

Controlled foreign companies: look before you leap
ENSafrica, June 2018

Section 9D of the Income Tax Act, 1962 (the “Act”) is aimed at South African residents who directly or indirectly hold more than 50% of the total participation (broadly speaking shares) or voting rights in a foreign company. A foreign company in this context is classified as a controlled foreign company (“CFC”)...

The Compliance Challenges of Cross-Border Deals
World Services Group, June 2018

The business world continues to be a multinational place, with marketplaces and supply chains that cut across national borders. Global expansion efforts have also spawned a growing desire for cross-border deal making. These mergers and acquisitions, however, are easily complicated by language and cultural differences, in addition to local politics and regulatory regimes...

Reducing the cost of transfer pricing compliance for MNEs
ENSafrica, June 2018

Many countries have become more focused on combating tax avoidance. As such, transfer pricing compliance has become much more burdensome due to substantial documentation requirements and multiple filing deadlines. Multinationals (“MNEs”) have to take action to control their transfer pricing risks, but the cost of doing so could substantially increase...

Proposal for a Directive of the European Parliament and of the Council on Credit Services, Credit Purchasers and the Recovery of Collateral
Jeantet, June 2018

Earlier this year the European Commission issued a proposal for a Directive of the European Parliament and of the Council on credit servicers, credit purchasers and the recovery of collateral (the “Proposal”)...

Mauritius Supreme Court sheds some light on priority of tax claims in liquidations
ENSafrica, June 2018

In The Car Company Ltd (in Liquidation) v...

Serbia Amends Company Law
Karanovic & Nikolic, June 2018

The Serbian Parliament adopted amendments to the Serbian Company Law (Law), and they were published in the official journal on the same date. This is the first overhaul of the Serbian Company Law since it was enacted back in 2011. Most of the amendments relate to the introduction of the concepts required for Serbia's accession to the EU (such as cross-border merger and European company forms)...

Africa tax in brief
ENSafrica, June 2018

COMOROS: Treaty with United Arab Emirates enters into forceThe income tax treaty between the Comoros Islands and the United Arab Emirates, recently entered into force. GHANA: VAT withholding agents appointed In an attempt to improve value-added tax (“VAT”) compliance, the Ghana Revenue Authority (“GRA”) announced the appointment of identified VAT withholding agents per industry on 17 May 2018...

Tips for Student Expulsion Hearings
Dinsmore & Shohl LLP, June 2018

Last week I attended a student expulsion hearing and it reminded me that now might be a good time to provide some tips to county boards of education on these hearings. As we all know,W. Va. Code 18A-5-1a andState Policy 4373 require that a student be afforded a hearing before the county board of education prior to being expelled. Specifically,W. Va...

Denmark establishes National Genome Center
Plesner, June 2018

Earlier this year the Danish parliament adopted a new Act to establish a national genome center that will develop and run a nationwide information infrastructure for personalised medicines. The National Genome Center will provide a common infrastructure with capacity for genome sequencing and a national genome data base. Persons within the healthcare sector and patients will receive information on the use of patient treatment...

The Nuts and Bolts of West Virginia’s Opioid Reduction Act
Dinsmore & Shohl LLP, June 2018

In 2016, West Virginia had the highest death rate in the country from drug overdoses—primarily caused by opioids—at 52.0 for every 100,000 people.[1] The state was on track to exceed that number in 2017.[2] Seeking to enact policies that not only curb but reverse this upward trend, the West Virginia Legislature introduced a number of bills during the 2018 Regular Legislative Session that sought to address this disturbing epidemic. One of these, S.B...

Open Banking: Where Next for the UK Banking Sector?
Shepherd and Wedderburn LLP, June 2018

In 1527, two inhabitants of the Royal Burgh of Haddington lent 1800 merks to the Abbey of Melrose, to be repaid by the Abbey to their bankers, in what is understood to be the first recorded reference to bankers in Scotland. Fast-forward almost 500 years to the present day and modern banking would be unrecognisable to the burgesses of Haddington...

Ohio Supreme Court Determines that Subrogation Applies to Third-Party Settlements Prior to WC Claim Allowance
Dinsmore & Shohl LLP, June 2018

On April 19, 2018, the Ohio Supreme Court determined in Bureau of Workers’ Compensation v. Verlinger (2018-Ohio-1481) that the provisions of Ohio Revised Code § 4123.931 (the subrogation statute) applied to third-party lawsuits prior to the actual establishment of the workers’ compensation claim...

Doing IP deals: licences and sales
ENSafrica, June 2018

With intellectual property (“IP”), the focus is often on protection (generally in the form of registration) and enforcement, which often takes the form of an infringement action. Yet, there is also always a great deal of transactional activity taking place in respect of IP assets. This activity tends to fly under the radar, but two recent deals have made the news. These deals are examples of two of the most common IP transactions: licences and sales...

Global Private Equity Review - China Fundraising
Han Kun Law Offices, June 2018

The concepts of venture capital (VC) and private equity (PE) were first introduced to China in the late 1980's. Ever since the 1990s, with the rapid growth of China's economy and the uprecedented expansion of start-ups, investments, and mergers and acquisitions, China's PE/VC industry has maintained a strong momentum and the number of PE/VC firms has grown exponentially...

Celebrity IP: It Can Only Be Messi
ENSafrica, June 2018

Celebrities have done a great deal to increase awareness of intellectual property (“IP”). The reason for this is simple: celebrities make significant use of IP and when they get into legal spats, their disputes make the news. The reason why celebrities are attracted to IP in the first place is equally simple: they know that they can use IP to significantly increase their wealth...

Geographical Indications Of Origin In Serbia: Where The Past Fuels The Future
Karanovic & Nikolic, June 2018

Geographical indication of origin, this very peculiar form of industrial property protection, has undergone a revival phase over the past few years, thus becoming more omnipresent not only within the circles of interest, but also amongst the Serbian public at large. Although, up to this day, there are only a few dozen geographical indications of origin registered before the Serbian Intellectual Property office, for a country of little over 7 million spread over 80...

Chocolate bar brawls
ENSafrica, June 2018

Over the past few years, we’ve reported on a number of legal battles involving chocolate bars such as Kit Kat and Toblerone. These cases have dealt with the shape or appearance of chocolate bars. Another “food fight” has erupted in the UK, and this time it involves a speciality chocolate manufacturer called Hotel Chocolat and the retail chain Waitrose...

Privatisation Disputes
Karanovic & Nikolic, June 2018

This article will focus on the experience in practice and the evolution of privatizations of state and socially owned companies in Serbia in the period of transition and will assess the boundaries of arbitrability of disputes that arise out of the termination of privatization agreements. The term arbitrability will be analysed from a broader perspective, as opposed to the traditional and commonly used meaning of this term - whether a certain dispute is suitable for arbitration...

Privacy is Dead
TSMP Law Corporation, June 2018

Privacy is Dead - But we never wanted it anyway, muses Adrian Tan. Over the past few weeks, our inboxes were bombarded by emails about privacy. Companies wrote to us, in a state of panic, because of the General Data Protection Regulation. That is a new European Union law that recently came into force. Among the many things that the GDPR does is to regulate the export of personal data outside the EU...

Athletics Equipment Distributors Under Investigation For Failure To Notify Exclusivit
Karanovic & Nikolic, June 2018

Following a tip, the Serbian Competition Commission (the "Commission") recently started investigating the business relationship between GR Sport and Polanik, a Polish company, concerning an alleged infringement of competition – the conclusion of a restrictive agreement which was not notified for prior exemption under the applicable legal framework...

DOJ to Reduce “Piling on” Penalties to Incentivize Corporate Voluntary Self Disclosures
Dykema, June 2018

On May 9, 2018, Deputy Attorney General Rod J. Rosenstein released a new “Policy on Coordination of Corporate Resolution Penalties” (“Policy”) in an effort to ameliorate the unwarranted “piling on” of penalties by the Department of Justice (“DOJ”) and other law enforcement agencies outside of the DOJ. The Policy’s teeth come in the form of the new section 1-12.100 to the United States Attorney Manual, which requires U.S...

Striving Towards the Black Gold
Karanovic & Nikolic, June 2018

The first upscale exploration of oil and gas in Montenegro started in 1914, when King Nikola Petrovic approved the National Assembly's decision for oil exploration around Lake Skadar. The first well in the area of Crmnica dates back to 1922 – although it produced nothing of significance. In later researches of the Montenegrin offshore, the existence of geological structures with the potential for hiding hydrocarbon deposits was confirmed...

 

 

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