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ENS | February 2020

Case Law The Tax Court of South Africa, Cape Town IT 24819 whether insufficiency of funds was not reasonably foreseeable, and therefore constitutes reasonable grounds for non-payment of employees tax, considered. correct interpretation of the number of days for payment of employees tax considered as a point in limine. find a copy of this judgment here ...

ENS | February 2020

Market inquiries have become a prominent feature of the South African competition law landscape. Historically, the Competition Act, 1998 did not afford the Competition Commission (the“Commission”) the power to take binding remedial action. The Commission was limited to producing reports containing non-binding “recommendations” or lobbying for changes to the way business is done following a market inquiry ...

ENS | February 2020

Following the presentation of the 2020 Budget proposal and Finance Bill, 2019 to the National Assembly in October 2019, the President of the Federal Republic of Nigeria, MR. Muhammadu Buhari, signed the Bill into law on 13 January 2020. The Finance Act, 2019 (the “Act”) introduces amendments to the Companies Income Tax Act, Value Added Tax Act, Petroleum Profits Tax Act, Personal Income Tax Act, Capital Gains Tax Act, Customs and Excise Tariff Act and Stamp Duties Act ...

Makarim & Taira S. | February 2020

The Indonesian government has recently issued Government Regulation No. 3 of 2020 (“New GR”) amending Government Regulation No. 14 of 2018 (“GR 14/2018”) on Foreign Ownership in Insurance Companies, which came into effect on 20 January 2020 ...

The 2020 Regular Session of the West Virginia Legislature just reached the 30th day, or its half way point. As of today, the House has introduced 1289 bills, while the Senate introduced 725. We will continue reporting on and tracking the progress of significant legislation during the course of the session. During the legislative process, certain critical deadlines are imposed by the Legislature that impact the consideration of pending bills and their chances of success ...

In another step in President Trump's ongoing efforts to relax environmental restrictions impacting economic development, on January 10, 2020, the Council on Environmental Quality published its proposed rulemaking to update its regulations for implementing procedural provisions of the National Environmental Policy Act ("NEPA") ("Proposed Rule"). The deadline for filing comments on the Proposed Rule is March 10, 2020 ...

ENS | February 2020

Chairperson of the Information Regulator, Advocate Pansy Tlakula, recently sent a request to President Cyril Ramaphosa to declare that the remaining provisions of the Protection of Personal Information Act, 2013 (“POPIA”) commence on 1 April 2020(“Commencement Date”). It is expected that the president will act on this request ...

ENS | February 2020

Key points and impact Privacy / Data Protection Personal Data Protection Law, Law No. 22/11 of 17 June 2011 The Law was approved in 2011 ...

Dinsmore & Shohl LLP | February 2020

In light of ongoing litigation between General Motors and Fiat Chrysler, Dinsmore partner Mark Carter wrote an article for Automotive News explaining the basics of RICO actions: "Any person injured in his or her business or property by a pattern of racketeering activity may have standing to seek relief pursuant to the Organized Crime Control Act of 1970 ...

Carey | February 2020

On November 11, Law No. 21, 180 on Digital Transformation of the Administration was published. Its purpose is to initiate the process of digitalization and modernization of the administrative procedures followed before the Chilean Government administration bodies ...

Carey | February 2020

On December 6, 2019, the Financial Analysis Unit (“UAF”) issued Resolution (oficio ordinario) No. 1745, applicable to all reporting entities detailed in Article 3 of Law No. 19,913 (e.g. banks, real estate management companies, insurance companies, among others), in order to enable them to effectively and correctly comply with General Instruction No. 59 dated May 24, 2019 (“Instruction No. 59”) ...

Carey | February 2020

On December 27, 2019, the Chilean Pensions Superintendence (the “SP”) issued General Regulations No.68 and No.256, amending the Unemployment Insurance Regulation Compendium and Pension Funds Regulation Compendium, respectively, in order to organize the different regulations applicable to the investment of Pension Funds in alternative assets and consolidate the various instructions and resolutions issued by the SP between 2018 and 2019 ...

TSMP Law Corporation | February 2020

The sharing economy enters the home as rising property prices drive nomadic millennial singletons to seek an alternative to the inflexible rented apartment.An impromptu foosball game with your neighbour while waiting for the laundry. Cooking classes in a communal Masterchef-inspired kitchen. Movie screenings, board game nights, and in-house yoga and meditation sessions. These are but some of the activities to look forward to if you take up quarters in a co-living facility ...

Hanson Bridgett LLP | January 2020

The Governor's Office of Planning and Research (OPR) has recently issued two technical advisories with helpful California Environmental Quality Act (CEQA) guidance on two prominent California land use topics. The first advisory outlines potential CEQA exemptions for immediate-term disaster recovery, with the goal of helping communities and public agencies prepare their climate change adaptation and resilience strategies ...

In last quarter’s issue, we discussed the rise of digital currencies and the blockchain, or distributed ledger, technology that supports them. We now turn our focus to how the financial industry and governments have embraced this technology and are working to adapt it to traditional banking services and applications as far ranging as recording property transfers and safeguarding nuclear missiles ...

O'Neal Webster | January 2020

As we enter into a new decade, we cannot over emphasize the importance of protecting your brands. In this digital age, trademarks are becoming more vulnerable to infringement. Mass production and counterfeit products are swamping the market ...

O'Neal Webster | January 2020

Freezing orders are one of the most important weapons inacourt’s arsenal to prevent parties from disposing of or dissipating assetsto ensure they will be available to satisfy a potential future money judgment. In the British Virgin Islands, the court is empowered to grant a freezing order under the provisions of the Eastern Caribbean Supreme Court and the Civil Procedure Rules ...

Kochhar & Co. Senior Partner, Suhas Srinivasiah, and Principal Associate, Ajay G Prasad, have co-authored the India chapter of the ‘Private Mergers & Acquisitions’ published by Practical Law, Thomson Reuters. The paper provides a holistic view of the M&A law in India and recent trends in the private M&A space” ...

Near the end of 2007, the United States was hit by the subprime mortgage market meltdown. For years before, the public had experienced a steady increase in home prices and a seemingly never-ending supply of mortgage lending. Homeowners were able to enjoy ever-increasing home equity and mortgage products, virtually guaranteeing that anyone who wanted to get financed could ...

Dinsmore & Shohl LLP | January 2020

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has announced several enforcement actions and settlements for violations of Health Insurance Portability and Accountability Act (HIPAA) rules. OCR Secures Voluntary Resolution with Hospital to Settle Provision of Auxiliary Aids and Services to Deaf or Hard-of-Hearing Individuals On Jan ...

Dinsmore & Shohl LLP | January 2020

In December of 2019, the State of Ohio Board of Pharmacy (“Board”) proposed rule changes for medical marijuana dispensaries. These proposed rule changes came on the heels of increased regulatory scrutiny of ownership structures and consulting arrangements in recent months.1 The proposed rules ostensibly seek to revise and clarify the Board’s position on changes of ownership and control of medical marijuana dispensaries ...

Dinsmore & Shohl LLP | January 2020

The U.S. Department of Justice (DOJ) recently announced that in Fiscal Year 2019 (FY2019),1 total settlements and judgments in False Claims Act (FCA) cases rebounded back over the $3 billion mark after dipping to $2.9 billion in FY2018. The Department’s annual statistical overview of FCA-related fraud actions2 showed nearly three-quarters of recovered funds, or $2 ...

Makarim & Taira S. | January 2020

The Indonesian competition authority, the Indonesian Commission for the Supervision of Business Competition (the “KPPU”) issued Regulation No.4 of 2019 on the Procedures for the Supervision and Handling of Partnership Cases (“Reg 4/2019”). This regulation replaces No.1 of 2015 on the Procedure for the Supervision of Partnerships, as amended, and Regulation No.1 of 2017 on the Procedures for Handling Partnership Cases, as amended (“Old Regulation”) ...

Hanson Bridgett LLP | January 2020

This article updates information published in "Is Your Online Business Accessible To Persons With Disabilities?" In 2018, practitioners scouring nationwide federal court records identified more than 2,250 lawsuits filed alleging website inaccessibility under Titles II and III of the Americans with Disabilities Act (ADA)1 ...

Makarim & Taira S. | January 2020

On 12 December 2019, the new Minister of State Owned Enterprises, Erick Thohir, issued new Ministry of State Owned Enterprises Regulation No. PER-08/MBU/12/2019 on General Guidelines on the Implementation by State Owned Enterprises of the Procurement of Goods and Services (“MSOE Reg 8/2019”), which came into force on 16 December 2019. This regulation replaces the previous regulation, MSOE Regulation No. PER-05/ MBU/2008 as amended by MSOE Regulation No ...

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