The incorporation of the Law on Security Interests in El Salvador has the objective to create a registry for security interests, that is to say, the inscription of the security interests’ creation, modification, extension, termination and execution, as well as the publicity of these instruments. The Commercial Value that some brands have, plays a very important role and represents, for some entrepreneurs, a mechanism which enables them to access credits ...
On the heels of the DOJ Criminal Division’s revisions to itsCorporate Enforcement Policyto encourage cooperation, the Civil Division’s Commercial Litigation Branch has issued its owncooperation guidelinesthat identify a non-exhaustive list of types of cooperation that may entitle entities or individuals to cooperation credit ...
When the Supreme Court accepted the cert petition to resolve a Circuit split regarding the False Claims Act’s statute of limitations when the government does not intervene, it created thepotential that the Court would extend the limitations periodfor private relators’ FCA actions. That is exactly what happened ...
Patents and technology companies are often intertwined. The story of the startup company patenting its groundbreaking technology is a well-known one. We see this often on the television show "Shark Tank," as investors such as Mark Cuban and Lori Greiner routinely ask whether the founders of a potential investment opportunity have filed for patent protection ...
The Competition and Markets Authority’s (CMA) Chief Executive, Andrea Coscelli raised concerns in April at “seeing a lot of evidence of anti-competitive conduct in the construction industry”, adding the CMA had “already taken a number of cases in this sector…”. Recent enforcement action from the CMA, outlined below, suggests regulatory intervention is only likely to increase ...
On April 30, 2019, the U.S. Department of Justice (DOJ) Criminal Division issued updated guidance to prosecutors for assessing corporate compliance programs. The new “Evaluation of Corporate Compliance Programs” (Updated Guidance) replaces the February 2017 Guidance (Prior Guidance) ...
The Criminal Division of the U.S. Department of Justice recently issued an updated guidance document on theEvaluation of Corporate Compliance Programs. The new document, which significantly expands on the prior version issued in early 2017, largely follows the structure of its predecessor but provides much more detail than ever before. Indeed the new version is more than double the length of the prior version ...
This article addresses potential issues and concerns, which may arise between General Contractors (“General”), Subcontractors (the “Sub”) and their insurers when claims by outside parties (also known as third-parties) may arise. This is a broad area of law, which varies from state to state ...
Law360 (May 6, 2019, 7:15 PM EDT) -- A Turkish producer has filed a complaint with the U.S. Court of International Trade over the methodology the U.S. Department of Commerce used to calculate tariffs on its pipe imports, telling the court that Commerce went against its usual practice for determining when the pipes at issue were sold in the U.S. Borusan Mannesmann Boru Sanayi ve Ticaret AS on Friday told the CIT that Commerce’s decision to impose a dumping rate of 5 ...
Whatever your views on Brexit, the deferment of the UK’s leaving date from the EU provided British industry some welcome breathing space to prepare for Brexit. Given the issues that still divide the two main political parties, the UK may yet leave the EU without a deal on 31 October ...
It was the age of wisdom, it was the age of incredulity. Blazing yellow sun. Lapping blue waves. Tanned beach bods and a palm tree’s silhouette swaying against an orange sky. Once ubiquitous, the California Fitness logo that hints at its fabulous lifestyle offering has vanished from Singapore. In its heyday “Cali”, as its legions of fans called it, was not merely a gym, it was a status symbol ...
Many employers currently have employees on staff on temporary work visas, and employers likely know that in order to continue to employ employees not born in the U.S., the employer must sponsor the employee for permanent residency in the U.S. (i.e,. a green card). The green card process has multiple steps, which, depending on a variety of factors, may take several years to complete ...
The Abu Dhabi Global Market (ADGM), the financial free zone which began operations in 2015, has now come of age. On 14 April 2019 Mr Alexander Guy, Senior Executive Officer and Director at Eshara Capital Limited, had the uncommon honour of becoming the first named person to be fined by ADGM’s Financial Services Regulatory Authority. Eshara Capital, in its corporate capacity, was also fined in connection with the same contraventions ...
British Virgin Islands (BVI) companies are commonly used in the UAE by investors to hold real estate properties and/or shares in UAE companies. Investors need to be aware of a recently enacted BVI law, the Economic Substance (Companies and Limited Partnerships) Act, 2018 (the Law), which introduces economic substance requirements in the BVI ...
On 6 April 2019, Scotland finally saw the introduction of the modernised insolvency rules in the form of The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 (the 2018 Rules). The 2018 Rules will replace the existing Insolvency (Scotland) Rules 1986 (as amended) subject to certain transitional and saving provisions ...
The Government of the Republic of Indonesia recently issued Minister of Finance Regulation No. 35/PMK.03/2019 (“Regulation 35/2019”) on The Determination of a Permanent Business Establishment (BUT) ...
IntroductionOn 12 November 2018, the Dubai International Financial Centre (DIFC) introduced a suite of new legislation concerning companies operating in or from the DIFC. This consists of DIFC Law 5 of 2018 (the Companies Law), DIFC Law 7 of 2018, the Companies Regulations and the Operating Regulations.The Companies Law has amplified the duties of directors of DIFC companies by enacting a set of directors’ duties, largely following the standard contained in the UK Companies Act 2006 ...
The European Union continues to push out new rules aimed at offshore financial centers. Specifically, the Code of Conduct Group (CCG) within the EU’s Economic and Financial Affairs (ECOFIN) Council has determined that jurisdictions that fail to satisfy the CCG’s requirement to end “preferential treatment” for non-resident companies are to be deemed ‘non-cooperative’ and effectively blacklisted ...
The Bahamas has passed legislation requiring that certain legal entities carrying on relevant activities have to demonstrate adequate economic substance in said jurisdiction. The beneficial owners of any company or limited partnership incorporated, registered or continued in The Bahamas should be aware of this legislation and consider how they may be affected. The Commercial Entities (Substance Requirements) Act, 2018 (“CESRA”) came into force on December 31st, 2018 ...
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 ...
Recent events, including the investigations into Facebook’s handling of its users’ personal data, have highlighted the realization that personal data is, in today’s world, one of the most valuable resources for any business and that businesses not only collect and store their customers’ personal data but also use and even sell it for profit ...
Court Limits Authority of DOJ to Dismiss Relator Claims April 23, 2019 TheGranston Memoraised concerns that the U.S. Department of Justice (DOJ) would employ its authority under 31 U.S.C. § 3730 tounderminequi tamrelator actions. Since the Memo was issued, the DOJ moved to dismiss 11 Anti-Kickback Statute cases brought by a professional relator, the National Health Care Analysis Group (“NHCAG”) ...
The DIFC Authority has issued the Ultimate Beneficial Ownership (UBO) Regulations, which took effect on 12 November 2018 (the Regulations). The Regulations require entities currently registered with, or to be registered with, the DIFC Authority to keep and maintain a UBO Register and (if applicable) a Register of Nominee Directors, setting out the details of the UBO and Nominee Directors respectively ...
In a recent case involving a health care facility, the NLRB issued a 3-1 decision that significantly changed a successor employer's bargaining obligations before imposing the initial terms and conditions of employment on a unionized workforce. While seemingly favorable to employers, the decision also serves as a reminder to companies that they should act cautiously and consult with counsel before they take over a business with a unionized workforce ...
An amendment to the Industrial Property Law took effect on 16 March 2019, transposing into Polish law the Trademark Directive (2015/2436). The amendment is not revolutionary but will certainly have huge practical implications. The changes have been made primarily to better align the EU and national trademark systems ...
