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Are you Thinking About Privacy? Reassess and Prepare for the New Privacy Act
MinterEllisonRuddWatts, September 2020

New Zealand's new Privacy Act 2020 comes into force on 1 December 2020 and all organisations should be preparing for the changes now. We share practical steps to help prepare and outline the key changes in the Act below. Agencies need to turn their attention to reviewing internal practices, processes and policies, to ensure they comply with obligations under the new Act...

Supreme Court Raises the Stakes for Directors of Distressed Businesses
MinterEllisonRuddWatts, September 2020

The Supreme Court last Thursday released its long awaited decision on directors duties engaged on a company’s insolvency –Debut Homes Limited (in liquidation) v Cooper[2020] NZSC 100. The decision has profound implications for directors confronted with a business experiencing material financial distress and more broadly, for creditors, lenders and the insolvency profession...

Startup Financing
Morgan & Morgan, September 2020

A company’s need for substantial amounts of capital is intensified when looking to grow quickly, or develop an innovative product that will disrupt the market in a meaningful way. This is true to any company, and is especially true to innovative and disruptive startups, which aim at creating new markets, revolutionizing existing ones and prevailing over traditional market participants...

Companies Still Permitted to Hold Meetings Without Physical Attendance Until 31 December 2020
Arendt & Medernach, September 2020

THE LAW OF 23 SEPTEMBER 2020 REGARDING MEASURES GOVERNING HOW COMPANIES AND OTHER LEGAL ENTITIES ARE PERMITTED TO HOLD MEETINGS HAS BEEN PUBLISHED IN THE LUXEMBOURG OFFICIAL JOURNAL. This law enables companies and other legal entities (such as ASBLs) to hold general meetings and other meetings of the company’s corporate bodies without the need for physical attendance, even where this is not provided for in the company’s articles of association...

Dubai Family Ownership of Common Property Law
Afridi & Angell, September 2020

On 13 August 2020, the Ruler of Dubai issued Law 9 of 2020 to regulate family ownership of common property in the Emirate of Dubai (the Law). The Law aims to establish a legal framework for family ownership of common property in Dubai and to facilitate its transmission among successive generations. This concept of undivided family assets introduced by the Law also exists in other jurisdictions. There are many family run businesses in Dubai...

SEC Adopts Significant Amendments to Regulation S-K and Accredited Investor and Qualified Institutional Buyer Definitions
Waller, September 2020

The U.S. Securities and Exchange Commission (SEC) has adopted several significant amendments affecting disclosure requirements under Items 101, 103 and 105 of Regulation S-K and also expanded the definitions of “Accredited Investor” and “Qualified Institutional Buyer” under Rule 501(a) and Rule 144A, respectively. As SEC Chairman, Jay Clayton, announced in the press release, Items 101, 103 and 105 have not undergone significant revisions in over 30 years...

‘Retire in Dubai’ Programme Announced in Dubai
Afridi & Angell, September 2020

Afridi & Angell was pleased to have advised Dubai Tourism on the testamentary and inheritance framework in Dubai in the process leading up to the much-welcomed announcement of the ‘Retire in Dubai’ programme. The announcement, made on Wednesday 2 September 2020 offers resident expatriates and foreigners aged 55 and above an opportunity to retire in the Emirate. As part of the programme, eligible applicants will be provided a Retirement Visa, renewable every five years...

Practical Strategies to Limit Premises Liability Claims Involving COVID-19
Haynes and Boone, LLP, September 2020

Businesses that open their doors to customers, guests, and other visitors during the pandemic must be vigilant, not only to keep their premises safe to those who enter, but also to avoid lawsuits by individuals who claim they contracted COVID-19 on business premises...

DOJ Clarifies Guidelines on Settling Cases Based on Ability to Pay
Waller, September 2020

In early September, the Department of Justice issued additional guidance that the Commercial Litigation Branch can consider when settling cases for less than the full amount of the claim based on the defendant’s inability to pay. Under its statutory authority, the Civil Division has the ability to settle claims for less when an entity offers the maximum amount that it is able to pay and the federal government is acting as plaintiff...

Compliance with DIFC Data Protection Law 2020 – Deadline 1 October 2020
Afridi & Angell, September 2020

DIFC entities have until 1 October 2020 to ensure that their data processing activities are compliant with the new Data Protection Law (DIFC Law 5 of 2020) (the DP Law). Who is subject to the DP Law? • DIFC entities.• Non-DIFC entities that regularly engage with DIFC entities as part of a “stable arrangement”, which involve data being processed in the DIFC and/or transferred out of the DIFC. Practical Guidance 1. Maintain a record of Personal Data. 2...

Court of Appeal Reaffirms Three Core Requirements to Wind Up Foreign Company
Deacons, September 2020

Under section 327 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32), the Court can exercise its discretion to wind up a foreign-incorporated company. A recent case reaffirms the three core requirements necessary to enable the court to exercise that discretion...

COVID-19: Entry into the Emirates of Dubai and Abu Dhabi
Afridi & Angell, September 2020

On 12 September 2020, the UAE Ministry of Health and Prevention (MoHAP) reported 1007 new COVID-19 cases in the UAE. With the number of cases rising both within the UAE and in most other countries, the UAE government has reiterated the importance of adhering to preventive guidelines and has further placed safeguards, particularly in Abu Dhabi, to ensure that those traveling to the UAE are confined to prevent the transmission of the virus...

Definition of Healthcare Provider Narrowed in revised FFCRA regulations
Waller, September 2020

The U.S. Department of Labor (DOL) announced Friday Friday that it had revised the Families First Response Act (FFCRA) in response to a recent ruling by a federal court in New York. The new regulations are effective September 16 and represent a significant change for healthcare entities who previously (and correctly) used “blanket” denials of FFCRA requests for all of their employees...

The Quetzal will Soar its Flight: The public + The private: the winning alliance By Ignacio Grazioso
QIL+4 ABOGADOS, September 2020

Ten years ago, the PPP Law was approved, the regulatory framework that seeks to make the Public Private Partnerships (“PPPs”) viable as a solution to the country's infrastructure deficit. For reasons beyond legal and economic facts, Guatemala has not yet seen its first PPP project born. However, the planets seem to be aligning to propitiate the possible detonation of investment in infrastructure and we see reasons for optimism on the horizon...

Disability and Remote Work
QIL+4 ABOGADOS, September 2020

Teleworking is a work tool that opens a world of possibilities for the reinsertion of sectors of the population that have not had free access to work opportunities. It is a feasible option to provide job opportunities to people for whom moving outside their homes is a limitation; limitations that could occur not only to people with family responsibilities – child and elderly care – or students, but also to people with disabilities...

Telework in Guatemala
QIL+4 ABOGADOS, September 2020

Although in Guatemala there is no legal frame for “Telework”, it could be said that it is a way in which services are provided in a location other than the employer's office or headquarters. What makes this modality so attractive? What is the key to make it work? The key is in TECHNOLOGY, in the innovative and efficient use of tools that allow us to be connected without being anchored to a specific place...

An Introduction to Trade Secrets: What They Are and Why They Matter to Your Business
Lavery Lawyers, September 2020

  One of the most common questions we receive as intellectual property lawyers is “How can I prevent others from using technology that I have developed and that has significant value to my business?” That question can often be answered by advising clients to file a patent application. However, there exists another type of intellectual property protection, known as a “trade secret,” that may be more suitable for certain situations and technologies...

California Supreme Court Clarifies Bounds of Legitimate Competition Under Tort and Antitrust Law
Buchalter, September 2020

On August 3, 2020, the California Supreme Court issued its highly anticipated decision in Ixchel Pharma, LLC v. Biogen, Inc., clarifying the bounds of legitimate competition under California tort and antitrust law.  The Court’s ruling generally came down in favor of encouraging competition, reducing claims for tortious interference with contract, and decreasing the risk of litigation arising from normal competitive activity...

Exclusion Orders: How an International Trade Commission Investigation Can Protect Patented Products from Infringing Imports
Dinsmore & Shohl LLP, September 2020

The International Trade Commission (ITC) sits in a nondescript office building about a block farther south of the National Mall than tourists usually care to venture. Patent owners come from around the country to this tree-lined street in Washington, D.C., to seek a powerful remedy to protect their patented products: an exclusion order. An exclusion order directs U.S. Customs and Border Protection to block infringing imports at the United States border...

The Ministry of Commerce Releases Third Version of the Pilot Programme Plan for the Innovative Development of the Trade in Services
Deacons, September 2020

On 12 August 2020, the Ministry of Commerce released via Circular the State Council approved Master Plan for the Comprehensive Deepening of the Pilot Programme for the Innovative Development of the Trade in Services together with a schedule of specific measures (2020 Plan). The 2020 Plan includes 8 pilot tasks and 122 specific measures to open, facilitate and support the innovative development of the Trade in Services...

Windfalls and Pitfalls of Pivoting Your Business Model in the New Business Environment
Buchalter, September 2020

It is no secret that the world has rapidly changed over the last several months. Many companies are reevaluating their business models to adjust to the challenges caused by the world-wide pandemic and to hopefully identify new business opportunities that may arise as a result of a new business environment...

Advertising Standards Authority Releases Formal Guidelines for Instagram Influencers
MinterEllisonRuddWatts, September 2020

Yesterday, the Advertising Standards Authority (ASA) issued a set of guidelines for social media influencers to follow when posting advertorial content. The document, titled ‘Influencers: Making it clear that ads are ads', has been developed to support the identification of influencer advertising content and highlight the collective responsibilities of influencers, agents, and advertisers in ensuring ad content is labelled for consumers...

Alternative Financing Solutions: Intellectual Property-Backed Loans
Waller, September 2020

As the world begins to adjust to the short and long-term impact and implications of the COVID-19 pandemic, many companies are seeking ways to preserve cash on their balance sheets while simultaneously raising funds to ensure a continuation of operations. One option to consider is using the company’s intellectual property (IP) portfolio as collateral for funding...

Special Regimes Relevant to Panamanian Startups
Morgan & Morgan, September 2020

At the beginning of astartup’slife,the use of financial resources in the most efficient way is of vital importance.It is for this reasonthatthe incentives that a country can provide to an entrepreneurand hisnewlyformed company can potentially determine how and how much that company willgrow...

Recent Amendments to the Commercial Agency Law
Afridi & Angell, September 2020

As many will know, Federal Law 18 of 1981 (the Commercial Agency Law; or CAL) regulates agency, distributorship and franchise relationships in the UAE, regardless of the nomenclature used to describe them...

 

 

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