On 21 February 2008, the government presented a proposal for a new Competition Act. The proposal contains a number of new things, of which several aim to make the fight against cartels more efficient. In addition, amendments are proposed to the rules on concentrations. Possibility of avoiding trial through a settlement procedure Currently, the Swedish Competition Authority does not have the authority itself to decide on fines (sw. konkurrensskadeavgift) ...
Introduction While the long-term litigation effects of the COVID-19 pandemic may not materialize for months – or even years – it is important for tort litigation attorneys and their clients to begin preparing now for potential legal issues that may arise. This bulletin is intended to serve as a non-exhaustive list of tort-focused legal considerations for health care providers, product manufacturers, and their attorneys in the new and ever-evolving COVID-19 landscape ...
Two top officials of the U.S. Department of Justice Antitrust Division have spoken publicly in the last week about corporate compliance programs. Brent Snyder, Deputy Assistant Attorney General for criminal enforcement entitled his remarks to the International Chamber of Commerce in New York as “Compliance is a Culture, Not Just a Policy ...
Obtaining a medical report on an employee can be a sensitive and complex process. We set out our top tips for employers, including the key matters to include in the letter of instruction and the legal considerations they need to navigate. When to seek a medical report There are several situations where an employer might seek a medical report on an employee or prospective employee ...
Key Points: In most circumstances, the bankruptcy court should be a court of last, not first, resort. In certain circumstances, outlined in this article, the commencement of a bankruptcy case makes good sense. In most circumstances, because of the costs and uncertainties associated with the commencement and prosecution of a bankruptcy case, the bankruptcy court should be a court of last, not first, resort ...
Obtaining a Receiving Order by a Single Creditor Introduction Under s. 43(1) of the Bankruptcy and Insolvency Act, one or more creditors may file a Petition for a Receiving Order if: 1.the debt owing to the petitioning creditor or creditors amounts to $1,000; and 2.if the debtor has committed an act of bankruptcy within six months next preceding the filing of the petition ...
As the general counsel of a public company, you are busy working one day and the CEO walks into your office and says, “I’ve been thinking that I would like to make a proposal to take this company private. I need your advice on how to get started.” The following points should be considered to help make the process easier ...
loration and production (“E&P”) companies are confronting the harshest industry environment in decades. E&P companies experienced a drastic deterioration in prices for their oil and natural gas production during the second half of 2014, which remained at depressed levels throughout 2015. The velocity and steepness of the decline has resulted in deteriorating operating cash flows, results of operations and financial condition for many E&P companies ...
Comment letters issued in 2016 by the staff of the Division of Corporation Finance of the Securities and Exchange Commission (SEC) to reporting E&P companies relating to their 2015 annual reports continue, as in past years, to focus on disclosure issues such as the effects of low commodity prices and proved undeveloped reserves (PUD) conversion rates ...
The financial services sector had a busy 2020 for many reasons, and the UK’s 2021/22 financial year promises to bring further developments. In this article, we take a look at the changes expected in banking, finance and asset management. 1. Brexit The loss of passporting rights was a key consequence of the Brexit deal from a financial services perspective ...
In the Loop: With the Hanson Bridgett Government Group COVID-19 has changed the way California public agencies conduct their Brown Act meetings, creating new challenges and opportunities. Utilizing their experience serving as general counsel to a number of public agencies, Hanson Bridgett attorneys Claire Collins and Allison Schutte created their Top 10 list of recommendations on how to conduct virtual "Brown Act" Board Meetings to guide any public agency. 1 ...
The end is near. 2018 is fast coming to a close, and it is that time of year when corporate lawyers are counting—not the number of shopping days left until Christmas, but the number weeks, days and hours left before the end of the fiscal year. Admittedly, in the scramble to close deals, insurance requirements and indemnity provisions may not be at the top of the list of critical deal points for clients and counsel ...
On Dec. 9, Congressional Democrats, including Elizabeth Warren (D-Mass.) and Jerrold Nadler (D-N.Y.), proposed sweeping legislation that would overhaul consumer bankruptcy law. The proposed changes, if adopted, generally would make it easier for consumers to access the bankruptcy system and discharge their debts. Below is a discussion of ten critical changes proposed in the Consumer Bankruptcy Reform Act of 2020 (CBRA). 1 ...
Much of the bankruptcy chatter arising from the pandemic world in which we find ourselves is now focusing on the cascade of new bankruptcy cases that are predicted to arrive soon. We have already seen the effects of closed stores and no foot traffic on some of the big names in retail (J.C. Penney, J. Crew, Neiman Marcus, Pier 1, etc.), but many consumer cases are sure to follow, the result of the staggering number of layoffs and lost jobs that the pandemic has caused ...
Bankers confront the bankruptcy world regularly. It can be a world of somewhat unfamiliar, if not confusing, concepts and terms. Unfortunately, it can also be a world fraught with risk associated with taking actions (or not taking actions) that run afoul of the rules or jeopardize the bank’s rights against the borrower. Here are a few of the “truths” that bankers need to keep in mind in the bankruptcy world. 1. The automatic stay is, well, automatic ...
Although this is a developing area, many billions of assets under management have already been tokenised. High profile managers such as Franklin Templeton, Abrdn, KKR, Mitsui and Hamilton Lane have already launched tokenised products. Tokenised assets nonetheless still represent a tiny percentage of the funds industry. We expect this area to grow exponentially in the coming years. What is tokenisation? Tokenisation is the digital representation of 'traditional' financial assets (e.g ...
The growing popularity of plant-based dairy and meat products has engendered a series of legal disputes about how these products may be labeled and advertised. Plaintiffs have filed a number of largely unsuccessful consumer class actions alleging that packages promising soy milk and veggie burgers tricked them into thinking that they were buying the animal versions ...
The South African government is determined to ensure that in the country, as in a number of other countries, tobacco products are sold with little or no branding. Yes, the issue of tobacco plain packaging may have gone away for a while, but it is now clearly back on the agenda. The recent publication of the Draft Control of Tobacco Products and Electronic Delivery Systems Bill, 2018 makes that very clear ...
South Africa has a rapidly evolving climate change policy environment, which is in-keeping with the country¡¦s view of itself as a developing country leader in the climate change arena. Part of the policy environment includes attention to financial mechanisms that can be marshaled in support of the response to climate change ...
If your estate plan was put in place more than 3 years ago, the plan is likely designed to save estate taxes at the sacrifice of income tax benefits. Estate tax is no longer a concern for married couples owning less than $11 million of assets. We recommend reviewing your estate plan to confirm that it has the flexibility to adapt to tax law changes and to secure income tax benefits ...
Applicability of English case law and practice The relevant provisions of the Jersey companies law are based on the UK Companies Act 1985, and are similar to the equivalent provisions in the UK Companies Act 2006 ...
As we approach the end of 2019, we look back on the requirement introduced by the Companies (Miscellaneous Reporting) Regulations 2018 (Regulations) for very large private companies to make a statement about their corporate governance arrangements. This statement relates to financial years beginning on or after 1 January 2019 and as we head into 2020, the new year will bring with it the start of the first actual reporting period under the Regulations ...
