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USTR Announces List 4A Exclusion Request Process and Other US-China Trade Developments
Dinsmore & Shohl LLP, October 2019

The U.S.-China trade dispute continues to simmer with multiple significant developments in the past several weeks: The Office of the U.S. Trade Representative (USTR) announced the exclusion process for Chinese imports subject to List 4A Section 301 tariffs will open on Oct. 31, 2019 and conclude on Jan. 31, 2020. List 4A and 4B tariffs on an estimated $300 billion of goods imported from China, effective Sept. 1, 2019 and Dec...

Latest Amendment to the Procedure for the Resolution of Small Claims Lawsuit
Makarim & Taira S., October 2019

On 6 August 2019, the Supreme Court (“SC”) issued Regulation No. 4 of 2019 (“SC Reg 4/2019”), amending the previous regulation, SC Regulation No. 2 of 2015 on the Procedure for the Resolution of Small Claims Lawsuit (“Previous Regulation”). SC Reg 4/2019 came into force on 20 August 2019. In general, SC Reg 4/2019 provides more optimal and effective regulation than the Previous Regulation...

PTSD Compensation for First Responders without Associated Physical Injury Revisited by the Ohio Legislature in New House Bill
Dinsmore & Shohl LLP, October 2019

With the recent proliferation of mass shootings and other deadly incidents, several states have taken on the issue of allowing mental and/or emotional impairments caused by post-traumatic stress disorder (PTSD) to be a compensable workers’ compensation condition for first responders without the requirement of a physical injury. In June 2019, House Bill 80, the budget bill for the Ohio Bureau of Workers’ Compensation, included such a proposal...

The Insolvency Law in Panama
Morgan & Morgan, October 2019

On May 19, 2016, the concept of a “Bankruptcy,” as the legal term was defined, ceased to exist under Panamanian law. Law 12 of 2016 (the “Insolvency Law”) entered into force on that date and introduced new proceedings into our legal system. These proceedings are referred to as Reorganization and Liquidation...

Proposed Regulations Under the CCPA Provide Some Clarity, But Questions Remain
Verrill, October 2019

Earlier this month, the California Attorney General issued long-awaited proposed regulations (“Proposed Rule”) under the California Consumer Privacy Act (“CCPA”)[1] along with a Notice of Proposed Rulemaking Action and Initial Statement of Reasons explaining the Proposed Rule...

2019 New California Laws Impacting Cannabis Businesses
Hanson Bridgett LLP, October 2019

Governor Newsom has signed several bills that impact the cannabis industry by providing relief from federal income tax deduction limitations, encouraging minority participation, encouraging union membership, and clarifying some other existing regulations. The bills include: Assembly Bill 37 repeals the limitation on deductions for business expenses for cannabis businesses, which had previously conformed to Internal Revenue Code section 280E for state tax purposes...

New Decision from the Court of Appeal Regarding the Possibility to Deprive Employees of their Duties within the Period of Notice
Simonsen Vogt Wiig AS, October 2019

In LG-2018-161055 the Court of appeal, in a case regarding preliminary action, gave an elaborated assessment regarding under what conditions an employer can deprive an employee of his or her duties in the notice period.   Introduction An employer only exceptionally has the right to deprive a dismissed employee of his or her duties within the period of notice. For this to be possible, there must be "particularly compelling reasons"...

New Indonesian Franchise Regulation Relaxes Certain Requirements
Makarim & Taira S., October 2019

Franchising has become one of the most prominent business models in recent years, particularly in sectors such as food & beverage (F&B), education, fashion and modern lifestyle. The Indonesian franchise regime began in 1997, but has changed several times since then, the latest being under Minister of Trade Regulation No. 53/M-DAG/PER/8/2012 on the Implementation of Franchises as amended by Minister of Trade Regulation No. 57/M-DAG/PER/9/2014 (“Regulation 53”)...

Starting A Company? 3 Key Corporate Secretarial Services You Will Need
BoardRoom Limited, October 2019

Whether you are starting a new company or expanding your presence to Singapore with a new office, there are certain sets of rules and regulations that need to be followed. One of the key requirements of new companies in Singapore is the need to appoint a qualified corporate secretary within 6 months of registration with the Accounting and Corporate Regulatory Authority (ACRA)...

Emirates Development Bank Appointed to Maintain Register of Finance Leases
Afridi & Angell, October 2019

Introduction Pursuant to UAE Federal Cabinet Resolution No. 56 of 2019, Emirates Development Bank has been appointed to maintain the register of finance lease contracts created pursuant to UAE Federal Law No. 8 of 2018 on Finance Lease (the Finance Lease Law or the Law). Background The Finance Lease Law was promulgated in December 2018. This Law creates a register (the Register) pursuant to which “Finance Lease Contracts” shall be registered...

The Environment Bill 2019 - Water, Water, Everywhere
Shoosmiths LLP, October 2019

Part 5 of the Environment Bill, contains a number of disparate proposals relating to water – which could have major implications for many. Senior associate Joanne Sear and solicitor Grace Mitchell take a look at some of the key points in the Bill. Water resources planning According to its explanatory notes, the Bill is intended to “improve… water resources planning” and “facilitate… collaborative regional planning”...

Good Tax News for the Cannabis Industry: California Repeals 280E Limitation for Personal Income Tax
Hanson Bridgett LLP, October 2019

Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities and authorizes persons to conduct specified commercial cannabis activities, as defined, in the state. The objectives of the new law are as follows: To provide tax equity to the cannabis industry...

Regulation on Integrated Mortgage Services through Electronic Systems
Makarim & Taira S., October 2019

In order to improve mortgage services to achieve among other targets, disclosure, punctuality, simplicity and affordability as well as to adapt them to the development of laws, technology and public needs, the government has issued Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency (“MOA”) Regulation No...

IRS Finalizes New Hardship Distribution Rules for 401(k) and 403(b) Plans
Hanson Bridgett LLP, October 2019

On September 23, 2019, the IRS published final regulations that amend the rules for hardship distributions from 401(k) and 403(b) plans. The regulations finalize the proposed regulations issued in November 2018 to implement statutory changes made by the Tax Cuts and Jobs Act of 2017 and the Bipartisan Budget Act of 2018 intended to make it easier for plan participants to take hardship distributions...

Insurance Services Organization Revises Policy Forms to Address Cannabis
Bradley Arant Boult Cummings, LLP, October 2019

The Insurance Services Office, Inc. (ISO), which develops standard insurance policy forms for use by insurers, recently released its first cannabis-related endorsements (Cannabis Endorsements) to the businessowner policy form. This new release provides five cannabis exclusion endorsements; two of the endorsements change property coverage for cannabis, and the other three endorsements change liability coverage for cannabis...

Tax Issues to Consider when Providing E-Services to Russian-Based Clients
ALRUD Law Firm, October 2019

With effect from 1st. January 2019, Russia amended the rules relating to VAT taxation of electronic (online) services (e.g. provision of rights to use software, streaming music, films, gaming services, hosting, website and webpage support, etc.). The new regulations raised a number of questions that are considered in this article...

Feinwachs Holds FCA Relator’s Emails to Counsel, Even Though on Employer’s Server, Protected as Work Product
Dinsmore & Shohl LLP, October 2019

In the False Claims Act (FCA) case of Feinwachs v. Minnesota Hospital Association, the district court recently upheld relator David Feinwachs’ claim of work-product privilege over emails sent to his work email account. No. 11-cv-0008, 2019 U.S. Dist. LEXIS 155027 (D. Minn. Sept. 11, 2019).  Feinwachs was formerly general counsel of the Minnesota Hospital Association (MHA), a trade association of Minnesota hospitals and health care systems...

Subtel Initiates Public Consultation Processes and calls for New National Fiber Optic Project Bidding
Carey, October 2019

Two public consultation processes have been initiated recently by the Undersecretary of Telecommunications of Chile (SUBTEL), which also called for a public tender for a national fiber optic project that will be awarded in March 2020...

IBM Wins Dismissal of FCA Qui Tam Suit Alleging It Used Faked Audit to Pressure IRS to Renew Software License
Dinsmore & Shohl LLP, October 2019

On Sept. 30, IBM won dismissal of a federal False Claims Act (FCA) qui tam suit, Cimino v. IBM, No. 13-cv-00907 (APM), 2019 U.S. Dist. LEXIS 168059 (D.D.C. Sept. 30, 2019). In the suit, Relator Paul A. Cimino alleged IBM, assisted by Deloitte LLP, fabricated audit findings regarding Internal Revenue Service (IRS) usage of IBM-licensed software to coerce IRS into renewing its software enterprise license...

Warranty & Indemnity (W&I) Claims - Some Lessons to be Learned So Far
Simonsen Vogt Wiig AS, October 2019

According to the recent insurance broker's Transactional Risk Insurance Claims Study1, the number of W&I claims have increased by 293% between 2016 and 2018 in Europe, the Middle East and Africa (the EMEA-region). One explanation is of course the triple increase W&I policies issued over the same period. The W&I market have become more mature than what it was just some few years back...

FDA Warns Consumers to Stop Using THC Vaping Products Amid Ongoing Investigation into Lung Injuries
Dinsmore & Shohl LLP, October 2019

Acting Food and Drug Administration (FDA) Commissioner Norman Sharpless has issued a statement warning Americans to stop using vaping products that emit THC until further testing can be done. Federal and state public health agencies, including the FDA, have been investigating an unprecedented wave of 1,000-plus cases of severe lung injuries and deaths among consumers who claimed they used vaping products containing THC, nicotine, or both...

The Requirement to Use the Indonesian Language is Regulated Further
Makarim & Taira S., October 2019

Background After ten long years of the issuance of Law No. 24 of 2009 on the National Flag, Language, Emblem, and Anthem (“Language Law”), the Government of Indonesia has finally issued an implementing regulation of the Language Law, ie Presidential Regulation No. 63 of 2019 on the Use of the Indonesian Language (“PR 63/2019”). It came into effect on 30 September 2019.   Key provisions which may be relevant to businesses   a...

Cincinnati Is Latest City to Outlaw Hair Discrimination
Dinsmore & Shohl LLP, October 2019

Cincinnati, Ohio has joined a small but growing list of states and municipalities that ban discrimination on the basis of natural hair styles. On Oct. 9, 2019, the Cincinnati City Council voted 7-1 to add a hair-bias ban to the city’s existing non-discrimination law...

The Singapore Convention - new UN convention on mediation
Simonsen Vogt Wiig AS, October 2019

On 7 August 2019 a new UN convention was signed in Singapore by 46 countries, the "UN Convention on International Settlement Agreements Resulting from Mediation", also known as the Singapore Convention. The Singapore Convention applies to international settlement agreements resulting from mediation and aims to be an instrument for international trade to facilitate and promote mediation as an alternative method of resolving trade disputes...

FMSHRC Withdraws Simplified Proceedings Program
Dinsmore & Shohl LLP, October 2019

On October 10, 2019, the Federal Mine Safety and Health Review Commission (“Commission”) published a notice it would withdraw its simplified proceedings program. The withdrawal of the program becomes effective 45 days after publication in the Federal Register unless adverse comment is received...

 

 

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