On June 20, 2011, Justice Ginsberg delivered the unanimous opinion of the U.S. Supreme Court in American Electric Power Company, Inc. v. Connecticut, holding that the Clean Air Act and EPA action under it displaced the federal common law nuisance claims against CO2 emitters that plaintiffs sought to pursue. Plaintiffs had sued four private power companies and the TVA, asking for a decree setting CO2 emission limitations at defendants’ power plants, with the limitations to be reduced annually ...
Abstract:Following the provisions of the TRIPS agreement, the Brazilian Industrial Property Law affords special protection to famous (highly renowned) trademarks in all fields of activity ...
The Brazilian industry appears to be fully recovered from the world crisis of 2008, at least as regards Intellectual Property aspects. According to a recent official announcement made by the Brazilian Trademark Office, the number of trademark filings in Brazil raised considerably in 2010, from an estimate 111.724 applications in 2009 to a total of 129.620, which corresponds to a 16% growth ...
It seems to have avoided the worst effects of the 2009 financial crisis that shook much of the developed world, as domestic demand, government stimulus and rising commodity prices helped pull the economy out of recession faster than most countries. Indeed, the good economic momentum that catapulted Brazil forward over the past 10 years has helped 30% of the population to rise out of poverty and become consumers of products and services ...
Early last year, the State Administration for Industry and Commerce (“SAIC”) and the Ministry of Public Security of the People’s Republic of China (“PRC”) jointly issued a Circular on Further Strengthening Administration of the Registration of Resident Representative Offices (“RO”) of Foreign Enterprises (“Circular”) ...
In a letter dated April 8, 2011, to the President of the North American Securities Administrators Association (“NASAA”),1 Robert Plaze, Associate Director of the Division of Investment Management of the Securities and Exchange Commission (the “SEC”), stated that the SEC is expecting to adopt final rules implementing various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) applicable to investment advisers by July 21, 2011 ...
On February 23, 2011, IOGA hosted a comprehensive day-long informational and training seminar on the United States Environmental Protection Agency’s (“USEPA”) mandatory greenhouse gas (“GHG”) reporting rule for the oil and gas industry, Subpart W of 40 C.F.R ...
With the continuous increase of Chinese investments throughout the entire world and, particularly, in Portugal, along with the inverse phenomenon, it is extremely important to acknowledge that Portugal has already entered into double tax treaties with China and Macau, which became important instruments to be considered by companies and individuals when moving forward with their international planning strategies ...
On January 25, 2011, the Securities and Exchange Commission (the “SEC”) proposed new Rule 204(b)‑1 (the “Proposed Rule”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), that would implement various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) by creating a new Form PF for use by the Financial Stability Oversight Council (the “FSOC”) and other regulatory agencies in assessing systemic risks posed to the U.S ...
Tax treatment of different acquisitions What are the differences in tax treatment between an acquisition of stock in a company and the acquisition of business assets and liabilities? The main difference from the acquirer’s perspective is that there is only a step-up in the tax basis on an asset purchase, while a stock acquisition as a general rule does not allow for a step-up on the basis of the target’s assets ...
Renewable energy in the form of utility scale wind and solar are best sited in the areas where the load profile is best - the solar belt for solar generation, and areas with high capacity factors for wind generation. The best areas for development of these resources are remote areas that lack access to transmission ...
On November 29, 2010, the Financial Industry Regulatory Authority, Inc. (“FINRA”) announced that FINRA Rule 5131 will take effect on May 27, 2011.1 FINRA Rule 5131 is intended to sustain public confidence in the initial public offering (“IPO”) process by regulating the allocation, pricing and trading of IPOs of equity securities (“New Issues”) ...
The European Parliament recently passed the Alternative Investment Funds Directive («AIFMD»). The AIFMD is focused on managers rather than investment funds and will implement broad regulatory measures on both fund managers located within the European Union («EU») and those established outside of the EU that provide asset management services to European alternative investment funds. The Swiss fund industry will have to closely examine the details of the AIFMD ...
Located on an island in the Caribbean, the Dominican Republic is a growing destination for U.S. businesses seeking to establish or expand overseas operations. An economically and politically stable country organized as a representative democratic government, it is the Caribbean's largest democratic country. The Dominican Republic had an inflation rate during the past year of only 4 ...
The United States Environmental Protection Agency (“EPA”) finalized reporting requirements for the petroleum and natural gas industry sector under its Mandatory Greenhouse Gas (“GHG”) Reporting Rule, which are located in Subpart W of 40 C.F.R. Part 98 (“Subpart W”) on November 8, 2010 ...
On November 19, 2010, the Securities and Exchange Commission (the “SEC”) proposed new rules and amendments to existing rules and Form ADV under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), that would implement various amendments to the Advisers Act contained as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) ...
Earlier this week, the U.S. Supreme Court issued a split decision and failed to resolve whether copyrighted materials legally made abroad can be imported into the U.S. and sold without the express permission of the copyright owner. See Costco Wholesale Corp. v. Omega S.A., 562 U.S. __ (2010). In other words, it is still up to the nation’s circuit courts to decide whether the first sale doctrine extinguishes the rights of a copyright holder when the goods are made outside of the U.S ...
Effective as of July 21, 2011, the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) repeals a key exemption from investment adviser registration currently relied upon by many private fund managers and replaces it with several much more limited exemptions from registration ...
by Andrew B. McCallister, as published in IOGA of West Virginia newsletter, November 2010Over the past two years the Environmental and Safety Committee has spent considerable time monitoring and advocating IOGA members’ interests with respect to various state and federal efforts to create new regulations or modify existing regulations of oil and gas development activities ...
Ministry of Commerce ("MOFCOM") simplifies the approval process for foreign investments in sales projects using the Internet or vending machines Since 2004, following MOFCOM's release of the "Measures for the Administration of Foreign Investment in the Commercial Sector" the distribution industry has been opened to foreign investment ...
"When it comes to customs, time is money", the Director of Minter Ellison’s International Trade Group, Iain Sandford, told a major customs law meeting in Belo Horizonte, Brazil. Mr Sandford was a guest of the World Customs Law Academy, the Brazilian Association of Customs Studies and the Inter-American Institute for Borders and Customs ...
The recently enacted Securities and Investment Business Act, 2010 (“SIBA”) of the British Virgin Islands (“BVI”) will come into effect on 17 May 2010 ...
The People's Republic of China, a party to the Kyoto Protocol (2005), has been actively promulgating "greener" policies to improve China' environment and reduce carbon emissions. These green steps are creating potential new investment opportunities for foreign investors as China seeks to become more energy efficient ...
The TCEQ will hold an informational meeting today (August 31) from 9:30 A.M. until 3:00 P.M. (CST) to discuss the proposed changes to the air quality permit by rule and standard permit for oil and gas production facilities. TCEQ has proposed significant changes to both of these expedited air quality permitting authorizations that will make it more difficult to qualify for, and more complicated to comply with, the authorization ...
