On 1 April 2022, the Qualifying Asset Holding Companies (“QAHC”) regime, the latest innovation in the UK’s corporate tax landscape, came into effect for UK tax resident companies. Meanwhile in the EU, the European Commission has announced it will be introducing the anti tax-avoidance directive (“ATAD 3”) aimed at EU resident holding companies claiming benefits under double tax treaties and due to come into effect on 1 January 2024 ...
[!<CDATA[ In one of its recent opinions, Kellogg Brown & Root Services, Inc. v. Sec’y of the Army, the Federal Circuit issued new guidance on what contractors must show to prove the reasonableness of costs incurred following an (alleged) government-caused delay. The U.S. Army (the “Army”) and Kellogg Brown & Root Services, Inc. (“KBR”) contracted for KBR to deliver thousands of trailers to Iraq by an agreed-upon deadline ...
In the recent judgment of “The Owners of the mv “Silver Star” v Hilane Limited”*, several important principles were established, namely: Full effect must be given to the right to proceed against an associated ship of a charterer in respect of a maritime claim that arises in the course of the Charter ...
Introduction The sphere of asset tracing and recovery, particularly the extent of tools available around the world, is rightly attracting more attention in cross-border fraud and investigations. This includes projects at the international level, such as UNCITRAL's ongoing efforts (for which the author acts as an expert), as well as attention being given in national legislatures around the world ...
Interest about the relevance of buyer power for competition has been growing in the last decades, as the markets of retail distribution were subject to a process of consolidation, if at different speed, in most European countries ...
The SEC’s Division of Enforcement recently issued itsannual reportdetailing enforcement activities, statistics, and changes made in the past fiscal year (“FY 2018”). The report discusses several significant developments in the SEC enforcement landscape, including the creation of new task forces, first-of-their kind enforcement actions, and the impact of the Supreme Court’s decision inKokesh v. SEC, 137 S. Ct. 1635 (2017) ...
This article has been published in PLI Chronicle. The market for consumer products derived from cannabis and its components, including cannabidiol (CBD), is exploding. U.S. sales of CBD products is expected to exceed $20 billion by 2024, up from just $1.9 billion in 2018. TheCBD market is expected to develop across diverse industries such as cosmetics and skin care, health products, food and beverage, pet products, and pharmaceuticals ...
In its flagship report entitled Global Economic Prospects released in January, the World Bank observed: “The Philippines is particularly weak with regard to transport and trade-related infrastructure … with particularly low rankings for the quality of its seaports and airports. About one-quarter of the population remains without electricity.” Yet growth in the Philippines is projected to accelerate to 6 ...
With international marketers readying for the upcoming FIFA World Cup, the Global Advertising Lawyers Alliance (GALA) has released Ambush Marketing: A Global Legal Perspective, which summarizes laws and other rules governing ambush marketing in 52 countries around the world ...
Following the submission of the first Draft of the Artificial Intelligence Act (”AI Act”) on April 21, 2021 by the European Commission for regulating artificial intelligence (AI) (we reported here), the European Parliament also published its final position on June 14, 2023. Thus, the next step now is the trilogue between the Parliament, the Council and the Commission ...
BAG, ruling dated 18 March 2020, 5 AZR 36/19 FACTS OF THE CASE The plaintiff is employed as a service technician in the field service. The defendant company is bound by the collective bargaining agreements of the wholesale and foreign trade of Lower Saxony due to its membership in the employers' association. The plaintiff drives from his home to the first customer every working day and returns there from the last customer ...
The legal concept that one can arrest a vessel and prevent it moving is unusual to say the least. An arrest in the UK (and other jurisdictions) is practically undertaken by serving upon the vessel a “Warrant of Arrest”, a very similar concept to criminal proceedings albeit this form of arrest is a civil law admiralty procedure and for very different reasons ...
An official channel has been established between Hong Kong and Macao, with effect from 1 August 2020, whereby the Courts of Hong Kong and Macao may entrust each other with the service of judicial documents in civil and commercial proceedings. The Rules of High Court and Rules of District Court have been amended to give effect to the Arrangement ...
By virtue of the Rules of the High Court (Amendment) Rules 2020 and Rules of the District Court (Amendment) Rules 2020, the Arrangement for Mutual Service of Judicial Documents in Civil and Commercial Cases between the Hong Kong Special Administrative Region and the Macao Special Administrative Region (Arrangement) came into force on 1 August 2020. Under the Arrangement the Hong Kong and Macao courts may entrust each other with the service of judicial documents ...
Key Points U.S. Army Corps of Engineers finalized a rule renewing nationwide permits under the Clean Water Act for projects involving discharges of dredge or fill material to jurisdictional waters. The Army Corps also issued new nationwide permits, such as for water reclamation and reuse facilities and for activities involving water, stormwater, and wastewater utility lines. These new nationwide permits create opportunities to expedite permitting for certain infrastructure projects ...
The Arendt Weekly Update is a newsletter designed to give you the insight you need without overloading your mailbox. It lists the latest news, topical webinars, training courses and more ...
Even though Belgium is lagging behind when it comes to enacting specific legislation, companies doing business in Belgium should be aware of the risk of being held accountable for human rights violations or environmental pollution up or down their value chain. Human rights violations are a ‘hot’ topic and businesses are confronted with ethical challenges in this respect ...
FDA Announces Public Meeting for Responsible Innovation in Dietary Supplements Industry Recently, the Federal Food and Drug Administration (FDA) announced it will hold a full-day public meeting to discuss strategies for responsible innovation in the dietary supplement industry. The meeting will be held May 16, 2019, from 8:30 a.m. EST to 4 p.m. EST at the FDA Center for Food Safety and Applied Nutrition, Wiley Auditorium, located at 5001 Campus Dr., College Park, MD 20740 ...
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. However, there has been a drastic shift in the fashion industry in recent years where there are an increasing number of fashionable yet modest clothes in both local and international markets ...
In a ruling of 19 April 2022, the Belgian Supreme Court decided that an A1-certificate issued by a competent foreign authority to a posted worker does not exclude compliance with the DIMONA obligation. Does this mean that all foreign employers posting employees to Belgium must now file both a LIMOSA and a DIMONA declaration? This article sheds some light on the scope of the Supreme Court’s decision and the particular context in which it was taken ...
Are donations of counterfeit goods to charities socially acceptable? - Despite calls for seized counterfeit goods to be donated to charity, a number of conditions should be met in order to protect both IP rights holders and those receiving the goods Nobody would dispute that in today’s world, the social and environmental impacts of our actions must be taken into consideration whenever we make a decision ...
Arbitration Rules 2021The Asian International Arbitration Centre (“AIAC”) launched its latest edition of the AIAC Arbitration Rules (“AIAC Rules”) on 1 August 2021. The AIAC Arbitration Rules 2021 (“2021 Rules”) streamline proceedings and embrace the needs of a fast evolving disputes climate ...
Directors have a fiduciary duty to their companies as they hold positions of trust and confidence and as a result, have an obligation to act in good faith and in the company’s best interests. Ghana’s new Companies Act (Act 992) introduces provisions concerning amongst others, the requirement for Directors to deal transparently while handling transactions, and their obligations when managing conflict-of-interest situations ...
The first set of commissioners to constitute the Philippine Competition Commission (PCC) has just been appointed. The PCC, a five member body created by the Philippine Competition Act (passed into law in July 21, 2015), is mandated to implement the national competition policy. Vested with a broad range of powers, it can conduct administrative inquiries, institute civil or criminal proceedings before the courts, and review proposed mergers and acquisitions ...
On June 21, in its much-anticipated decision inLucia v. Securities and Exchange Commission, the U.S. Supreme Court held that the SEC’s Administrative Law Judges (“ALJs”) are officers under the Constitution’s Appointments Clause. The decision requires that, moving forward, SEC ALJs be constitutionally appointed rather than hired like other employees ...
