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Strict Time Limits in Construction Work Contracts
Wardynski & Partners, February 2019

For a long time in Polish business practice it has been unclear whether clauses in construction work contracts that require one party to notify the other of circumstances being grounds for seeking additional remuneration are effective. Clauses of this kind can be found in contracts concluded according to FIDIC standard forms of contracts produced by the Fédération Internationale des Ingénieurs-Conseils...

© : An Upgrade is Available
TSMP Law Corporation, February 2019

From re-sharing cat videos to creating memes, tweaks in our three-decade-old Copyright Act will help clarify what’s permissible and what’s verboten as we continue to indulge in our insatiable appetite for social media. Chinese New Year Eve, 2019. Social media was ablaze with a viral video (YouTube link) of an altercation between a Malay Gojek driver and his Chinese passenger objecting to a route that would incur ERP charges...

Draft Order of ANRE for the Application of GEO 114/2018
Nestor Nestor Diculescu Kingston Petersen, February 2019

On December 29, 2018, Government Emergency Ordinance No. 114/2018 on the establishment of measures in the field of public investments and of fiscal – budgetary measures, the amendment and completion of certain normative acts and the extension of certain deadlines (“GEO 114/2018”) was published in the Official Gazette...

Mandatory Deposit of Foreign Exchange Export Proceeds Deriving from Natural Resources
Makarim & Taira S., February 2019

On 10 January 2019, the Indonesian Government enacted GovernmentRegulation No. 1 of 2019 on Export Proceeds from the Exploitation,Management, and/or Processing of Natural Resources (“GR 1/2019”)...

Financial Matters Amendment Bill with Amendments to the Insolvency Act Published – Financial Market Participants Have Until 8 February to Comment
ENSafrica, February 2019

On 1 February 2019, the South African Minister of Finance published the Financial Matters Amendment Bill (the “Bill”) containing a long-awaited amendment to section 83 of the Insolvency Act, 1936. Wepreviously discussedthe purpose of the amendment to the Insolvency Act, as well as a number of issues associated with the first draft of the Bill (the “Draft Bill”), which was published on 24 August 2018...

The Supreme Court Remains Steadfast in Favor of Arbitration
Dykema, February 2019

Justice Kavanaugh’s first authored opinion as a Supreme Court Justice inHenry Schein, Inc. v. Archer and White Sales, Inc., No. 17-1272, 586 U.S. ____ (2019) further cements the Supreme Court’s stance on arbitration. Over the years, the Supreme Court has consistently held in favor of arbitration and rejected attempts by parties and the lower courts to ignore binding arbitration clauses. For instance, inAT&T Mobility LLC v. Concepcion, 131 S. Ct...

Anton Piller: Not a Fishing Expedition
ENSafrica, February 2019

The Anton Piller order is an extraordinary thing. It’s essentially an evidence-preserving legal mechanism. It allows a party that feels that their rights are being infringed to approach the court as a matter of urgency and without notice to the alleged wrongdoer for an order sanctioning a raid of the premises of the alleged wrongdoer in order to find and preserve evidence that it believes will otherwise be destroyed...

Merger Clearance Matters
Afridi & Angell, February 2019

Introduction The United Arab Emirates (the UAE) promulgated legislation to specifically address the regulation of competition (being Federal Law 4 of 2012, or the Competition Law) several years ago but until recently, it has been the case that the requisite implementing regulations and processes were not in place. This is no longer the case...

FSC Sheds Some Light on Changes Brought to the Mauritian Global Business Sector
ENSafrica, February 2019

  The Mauritian Government announced in its 2018-2019 budget speech major changes to be brought to the Mauritian Financial Services sector which were then confirmed within the enactment of the Finance (Miscellaneous Provisions) Act, 2018 on 9 August 2018. This was the result of intense pressure in recent years for Mauritius to align itself with global norms and transparency standards...

Significant Changes to Civil Procedure Code
Afridi & Angell, February 2019

Introduction Significant changes to Federal Law No 11 of 1992 (the Civil Procedure Code) will soon be coming into effect. These changes are introduced through regulations (the Regulations) issued under the Civil Procedure Code and will come into effect on 16 February 2019. The Regulations were promulgated pursuant to Decree by Law No 10 of 2017. These Regulations will amend the Civil Procedure Code where applicable...

Conversations Recorded Without Your Consent Can Be Used Against You
ENSafrica, February 2019

It is becoming increasingly easy for employees in the workplace to record conversations, meetings and disciplinary enquiries without the consent of the employer to do so. The advancement of cell phone technology makes it easy for employees to do so without anyone knowing simply by placing their cell phone in their jacket or trouser pocket or on a table in a meeting...

New Regulation on Owners and Occupants Association
Makarim & Taira S., February 2019

On 14 September 2018 the Ministry of Public Works and Public Housing of the Republic of Indonesia introduced Regulation of the Ministry of Public Works and Public Housing of the Republic of Indonesia Number 23/PRT/M/2018 on the Owners and Occupants’ Association of Multistoried Dwelling Units (“Regulation 23”)...

Finality to Debt Benefit Rules
ENSafrica, February 2019

The Taxation Laws Amendment Act, 2018 (“TLAA”), which was promulgated on 17 January 2018, amended South African tax legislation by overhauling two provisions relating to the reduction of debt, (the “Debt Benefit Rules”), namely section 19 of the Income Tax Act, 1962 (the “ITA”) and paragraph 12A of the Eighth Schedule to the ITA (the “Eighth Schedule”)...

Crowdfunding as a Source of Financing for Businesses
Morgan & Morgan, February 2019

  One of the biggest challenges that micro, small and medium enterprises face when trying to settle in and achieve success as profitable businesses is to obtain capital and sources of financing...

Intel from Seychelles
ENSafrica, February 2019

A recent judgment in a trade mark opposition in Seychelles is worth a look, not only because it involves a major international brand, but because IP judgments are quite rare in certain African countries. The opposition The facts were that a Seychelles company called Intelvision Limited applied to register the trade mark Intelvision (a stylised version of the word together with an antenna logo) for services in class 38...

New Long Term Residency Visas
Afridi & Angell, February 2019

What’s happened? After much media coverage, Cabinet Decision 56 of 2018 (the Decision) has been gazetted which introduces new long term residency visas to, amongst others, the following four categories of persons in the UAE:1. investors;2. entrepreneurs;3. individuals with specialised talents and researchers in various fields of science and knowledge; and4. honours students with promising scientific potential...

Fight as a Soldier, Not a Guerrilla
ENSafrica, February 2019

What exactly is unlawful competition? Unlawful competition is often lumped together with IP, and indeed there are obvious links: the common law action of passing off (closely related to trade marks) is a species of unlawful competition; and unlawful competition cases often involve technology, trade secrets and the misuse of confidential information, thus potentially bringing them within the scope of patent law and copyright law...

Doggone It!
TSMP Law Corporation, February 2019

Pet owners do not get damages at law for the wrongful death of their pets, even when caused by fraudulent and unscrupulous profiteers. Should they? For many affluent “parents” of “furkids”, it is a familiar routine come Christmas or any other holiday season: stopping by at an expensive boarding facility on the way to the airport to drop off their precious pets, rather than leaving the cute critters home alone...

Notices to Attend a Disciplinary Enquiry - Stating the Facts is Sufficient
ENSafrica, February 2019

The employee discipline process generally starts with an employee being given notice to attend a disciplinary enquiry. This notice usually sets out what act of misconduct the employee is alleged to have committed...

Relocation of Foreign Experts to Israel
Fischer Behar Chen Well Orion & Co., February 2019

Overview Israeli and international organizations seeking to employ foreign workers in Israel, who are not residents or citizens of the country, in management positions or in positions requiring special expertise or training, are required to apply for a work permit for a “foreign expert” (B/1 permit) from the Population and Immigration Authority in Israel...

The Doctrine of Common Purpose in Strikes
ENSafrica, February 2019

An unfortunate by-product of strike action in South Africa is the common occurrence of unlawful and sometimes violent conduct on the part of certain members of the trade union embroiled in the strike. It then frequently becomes relevant whether individual employees should be held accountable for the “actions of the masses” on the basis of the doctrine of common purpose...

Logistic Center for the Distribution and Transportation of Oil Products
Basham, Ringe y Correa, S.C., January 2019

On January 17, 2019, the President of Mexico, Andrés Manuel López Obrador, passed an executive order whereby he proposed the creation of the “Logistic Center for the Distribution and Transportation of Petroleum Products” (the “Center”), as a decentralized administrative entity separate from the Ministry of Energy, with technical, operational and management autonomy...

HHS and HSSC Release New Cybersecurity Practices for the Health Care Industry
Dinsmore & Shohl LLP, January 2019

On December 28, 2018, the Department of Health and Human Services (HHS), in partnership with the Health Sector Coordinating Council (HSSC), published the “Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients” (HICP Publication), which is a four-volume publication designed to provide voluntary cybersecurity practices to health care organizations of all types and sizes, ranging from local clinics to large health care systems...

Win Your Lender-Liability Lawsuit and Enforce Your Loan Documents with this 342-Year-Old Statute
Dykema, January 2019

Long before eMortgages, electronic signatures, and mobile apps hit the secured lending scene, Lord Nottingham proposed that the English Parliament pass An Act for Prevention of Frauds and Perjuries in 1677 to prevent nonexistent agreements from being “proved” through false testimony. That statute and its progeny remain an important resource in today’s financial services industry...

National Labor Relations Board Returns to Longstanding Independent Contractor Standard
Dinsmore & Shohl LLP, January 2019

On January 25, 2019, the National Labor Relations Board (Board) returned to the common-law agency test for determining whether workers qualified as independent contractors. SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019) The decision expressly overrules the Board’s decision in FedEx Home Delivery, 361 NLRB 610 (2014), enf. denied 849 F.3d 1123 (D.C. Cir. 2017)...

USCIS Announces Changes to Selection Process for Cap-Subject H-1B Petitions
Dykema, January 2019

The U.S. Department of Homeland Security (DHS) has announced it will issue a new Final Rule on January 31, 2019, reversing the order by which the USCIS will select H-1B applications submitted under the statutory/numerical cap and introducing an electronic registration requirement for employers filing H-1B cap-subject petitions. The reverse-selection provisions of the rule will go into effect on April 1, 2019...

OCR Issues Request for Information on Potential Changes to HIPAA Rules
Dinsmore & Shohl LLP, January 2019

The Department of Health and Human Services Office for Civil Rights (OCR) has published a Request for Information on Modifying HIPAA Rules to Improve Coordinated Care (RFI). OCR announced the publication of the RFI through a December 12, 2018 press release available here.  OCR Director Roger Severino stated that OCR is “looking for candid feedback about how the existing HIPAA regulations are working in the real world and how we can improve them...

New Promotion Regime for Domestic Funds
Afridi & Angell, January 2019

In late November 2018, the Securities and Commodities Authority (SCA), the Dubai Financial Services Authority (DFSA) of the Dubai International Financial Centre (DIFC) and the Financial Services Regulatory Authority (FSRA) of the Abu Dhabi Global Market (ADGM) announced that they had reached agreement on facilitating the licensing of domestic funds by each authority for promotion across the UAE. This is a potentially significant development...

GDPR Breach: Google Fined EUR 50 Million
Karanovic & Partners, January 2019

The US tech giant, Google is fined EUR 50 million by France's data protection regulator, CNIL, for failing to comply with its General Data Protection Regulation (GDPR) obligations. This is the biggest GDPR fine yet to be issued by a European regulator and the first time that one of the tech giants has been found in breach with the new regulations that came into force in May 2017. Complaints against Google were filed in May 2018 by two privacy rights groups:noybandLa Quadrature du Net...

Immigration Compliance: What is Coming in 2019
Dinsmore & Shohl LLP, January 2019

Employers, as you settle into 2019 and solidify your plans and objectives for the year, consider adding worksite immigration compliance to your to-do list. In 2018, the Trump administration held true to its Buy American, Hire American policy.  As a result, worksite investigations, I-9 audits, and criminal and administrative worksite-related arrests surged by 300 to 750 percent over 2017...

Serbia: The Registration Of Ultimate Beneficial Owners
Karanovic & Partners, January 2019

As of 31 December 2018, the Central Registry of Ultimate Beneficial Owners was established within the Serbian Business Registers Agency (the “Registry”), in line with the Law on Ultimate Beneficial Owners (“Official Gazette of the RoS no. 41/2018). In addition, the Ministry of Economy issued guidelines which provide more information on the implementation of certain aspects of this Law (the “Guidelines”)...

New Kickback Law Targeting Opioid Treatment Facilities Could Affect Traditional Lab Arrangements
Dinsmore & Shohl LLP, January 2019

Eliminating Kickbacks in Recovery Act Overview On October 24, 2018, Congress enacted the Eliminating Kickbacks in Recovery Act of 2018 (EKRA) as part of the SUPPORT Act, which is a comprehensive attempt to combat the opioid epidemic.  EKRA established an all-payer anti-kickback prohibition that extends to arrangements with recovery homes, clinical treatment facilities, and laboratories. Unlike the Anti-Kickback Statute (AKS) under 42 U.S...

Different Viewpoints Represented at the Latest California Attorney General’s Office Public Forum on the California Consumer Privacy Act
Dykema, January 2019

On Friday, January 25, 2019, California Attorney General Xavier Becerra’s Office held the fourth of its six public forums in connection with its rulemaking process for the California Consumer Privacy Act (“CCPA”). The purpose of the open forum, which was held in Los Angeles at the Ronald Reagan State Building, was to provide an initial opportunity for the public to participate in the CCPA rulemaking process...

Mediation for Beginners – What You Need to Know
Dinsmore & Shohl LLP, January 2019

Generally, mediation and its process are foreign to most litigants.  With the possible exception of the parties’ lawyers and insurance adjusters, often even the most sophisticated business clients have never been in mediation and do not fully understand the process or know what to expect. Frequently, as the mediator, in the early stages of the day I hear:  “It is not my fault...

Illinois Supreme Court’s Rosenbach Ruling Likely to Expand BIPA Litigation
Dykema, January 2019

Last Friday, the Illinois Supreme Court delivered the highly anticipatedRosenbach v. Six Flags Entertainment Corp., 2019 IL 123186, opinion. Businesses and consumers alike watched for the Court’s opinion regarding whether mere technical violations of the Illinois Biometric Information Privacy Act (“BIPA”) gave plaintiffs the requisite standing to seek damages under the statute...

Immigration Compliance: What’s Coming in 2019
Dinsmore & Shohl LLP, January 2019

Employers, as you settle into 2019 and solidify your plans and objectives for the year, consider adding worksite immigration compliance to your to-do list. In 2018, the Trump administration held true to its Buy American, Hire American policy.  As a result, worksite investigations, I-9 audits, and criminal and administrative worksite-related arrests surged by 300 to 750 percent over 2017...

The Implications of the Move from GST to SST
Shearn Delamore & Co., January 2019

IN THIS ARTICLE, ABHILAASH SUBRAMANIAM DISCUSSES THE POTENTIAL IMPLICATIONS OF THE MOVE FROM GST TO SST.   Introduction The much anticipated Sales Tax Act 2018 and the Service Tax Act 2018(commonly referred to as “SST”) was rolled out on 1 September 2018, together with their respective subsidiary legislations, to replace the previous Goods and Services Tax Act 2014 (“GST”)...

Mediation for Beginners: What You Need to Know
Dinsmore & Shohl LLP, January 2019

Generally, mediation and its process are foreign to most litigants.  With the possible exception of the parties’ lawyers and insurance adjusters, often even the most sophisticated business clients have never been in mediation and do not fully understand the process or know what to expect. Frequently, as the mediator, in the early stages of the day I hear:  “It is not my fault...

Sustainable Financing in the ASEAN Region
Shearn Delamore & Co., January 2019

IN THIS ARTICLE, GOH HUI WEN LOOKS AT GREEN AND SUSTAINABLE INVESTMENTS IN THE ASEAN REGION. The investment scene in the ASEAN region has been undergoing a transformational change in recent years as it pivots towards a green and sustainable path of development[1]. Demand for sustainable investment opportunities in ASEAN is set to bloom within the next two decades, with the investment opportunity estimated to be worth a whopping USD3 trillion from 2016 to 2030[2]...

An Open Door to Greater Development Opportunities: Chicago City Council Approves New Transit Served Location Legislation
Dykema, January 2019

On January 23, 2019, the Chicago City Council approved a significant amendment to the transit-oriented development provisions of the Zoning Ordinance. Prior to the change, the Chicago Zoning Ordinance, through increases and reductions of certain development standards, allowed for larger, more dense buildings on properties in close proximity to CTA or Metra train stations...

Discretion of the Minister: To Exercise or Otherwise
Shearn Delamore & Co., January 2019

IN THIS ARTICLE, BENEDICT NGOH TI YANG EXAMINES THE POWERS OF AUTOMATIC REFERRALS OF THE MINISTER OF HUMAN RESOURCES UNDER SECTION 20 OF THE INDUSTRIAL RELATIONS ACT 1967.   Introduction A workman[1] who is dismissed may seek recourse at the Industrial Court against the employer. The power to refer the workman’s claim to the Industrial Court lies with the Minister of Human Resources of Malaysia (“Minister”)...

British Passports for Children of EU Nationals: A Handy Guide
Shepherd and Wedderburn LLP, January 2019

“I don’t want a British passport for myself but should I get one for my child?” This is a common immigration-related enquiry, and one my team and I have been asked about by EU nationals repeatedly since the June 2016 referendum vote...

Are Prayer Outfits Eligible for Copyright Protection?
Shearn Delamore & Co., January 2019

A CASE NOTE BY LEE CHIAO YING.   Introduction Some may be wondering what a “telekung” is as it is probably not a common term. A Telekung is a Muslim prayer outfit for females. The general perception of prayer outfits is that they are dull and unfashionable as they have to be modest rather than trendy...

Google Fined $57 Million in First Major Enforcement of GDPR Against a US-based Company
Dinsmore & Shohl LLP, January 2019

On January 21, 2019, Google was fined nearly $57 million (approximately 50 million euros) by France’s Data Protection Authority, CNIL, for an alleged violation of the General Data Protection Regulation (GDPR).[1] CNIL found Google violated the GDPR based on a lack of transparency, inadequate information, and lack of valid consent regarding ad personalization. This fine is the largest imposed under the GDPR since it went into effect in May 2018 and the first to be imposed on a U.S...

Can the Defence of Qualified Privilege be Invoked without Verification of Information Relied On?
Shearn Delamore & Co., January 2019

A CASE NOTE BY LOO YING NING.   Introduction To raise the Reynolds privilege established in the landmark English House of Lords decision in Reynolds v Times Newspaper Ltd[1] in a defamation claim, a defendant is required to establish that the matter was one of public interest and that the defendant practised “responsible journalism” in publishing the impugned words...

Powers, Duties and Liability of Directors of a Polish LLC
Wardynski & Partners, January 2019

Foreign managers appointed to serve on boards of Polish subsidiaries often donot know what they can doand what they must do. Consequently they are not aware of what liability goes with either of these. They should be.Before discussing the directors of aPolish limited-liability company (spólka zograniczona odpowiedzialnoscia, the most commonly used corporate vehicle for running business in Poland), it is practical to make alittle disambiguation...

Enhancing Investor Protection via Framework for Registration of Trustees and Issuing Houses
Shearn Delamore & Co., January 2019

IN THIS ARTICLE, TAN WEI XIAN ANALYSES THE NEW GUIDELINES ON REGISTRATION AND CONDUCT OF TRUSTEES AND ISSUNG HOUSES...

The New Incentive(?) for Whistleblowers for Revealing Crimes of Corruption
Makarim & Taira S., January 2019

To date, the Indonesian government and institutions have largely remained entrenched in an endemic culture of corruption. Despite major victories before the court by the Corruption Eradication Commission (“KPK”) in recent years, crimes of corruption (especially bribery and gratification) remain a major problem at every level of government institution...

Growing Regularity and the Need for Guidance: FSMB Model Guidance for the Recommendation of Medical Marijuana
Dinsmore & Shohl LLP, January 2019

The use of marijuana in patient care has undergone widespread growth and acceptance nationwide. Thirty-three states and the District of Columbia have laws authorizing the use of marijuana in some form. Two of those states – Utah and Missouri – joined that list this past mid-term cycle, as voters passed initiatives authorizing the use of medical marijuana. Others, such as Kentucky and Virginia, have pending legislation seeking to authorize the use of medical marijuana...

New Pharmacist's Guidelines for Advertisement in Brazil
Veirano Advogados, January 2019

The Federal Council of Pharmacy published Resolution No. 658/2018 to regulate publicity, advertisement and announcement of activities related to the pharmaceutical profession. Such include any disclosure arising or promoted by pharmacists, regardless of the means of communication...

 

 

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