The action of unjustified enrichment, also known as the actio de in rem verso, dates back to Roman Law and despite the fact that it was formally included in the Maltese Civil Code in 2007 by means of Article 1028A, it has always been accepted by the Maltese Courts. The notions of equity and fairness serve as the foundation of this action. One should be compensated for the benefit gained by an individual without a just cause to the detriment of the former ...
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 ...
Kudun and Partners represented Nature Best Food Co., Ltd. the first manufacturer and distributor of seaweed in Thailand on the sale of its seaweed processing and distribution business by way of an entire business transfer (EBT) transaction to TS Food Holding Co., Ltd., a subsidiary of Thai Sugar Terminal PCL, a business providing rental services for port-warehouses for approximately THB 250 million ...
A recent decision by the UK’s Data Protection Authority, the ICO, throws some interesting light on the regulatory mood around enforcement of the rules governing how businesses can use their customer lists for marketing emails. It’s worth thinking about how easily an over-enthusiastic approach can go wrong. On 6 September 2022, Halfords were fined £30,000 by the ICO for sending around half a million unsolicited marketing emails ...
On September 8, 2022, the Ninth Circuit Court of Appeals affirmed the reserved right of the Metlakatlan Indian Community to fish in the off-reservation waters where Metlakatlans had traditionally fished, and held that Metlakatlans are not subject to an Alaska statute creating a limited-entry program for commercial fishing. Metlakatla Indian Community v ...
The past two weeks for Kudun and Partners have been filled with fresh energy from future lawyers. Started on September 8, Peerasanti Somritutai, our partner and Thammasat Alumni, led KAP team to make our first trip of the year to Tha Prachan Campus of Thammasat to join the “LL.B. Law Firm Career and Internship Fair 2022”. Followed by Chulalongkorn University whose “Summer Legal Internship 2022” event was held at the faculty on September 13 ...
In a recent interview with Mexico Business News, WSG Member Eduardo Kleinberg, Managing Partner at Basham, Ringe y Correa, provided insights on the importance of IP law to ensure a company’s longevity and success. And, discussed how lack of government oversight, support and follow-through of IP Law can result in a country disincentivizing innovation, domestic competitiveness and international investment ...
In a major speech delivered on September 15, 2022, Deputy Attorney General Lisa Monaco added important substance and details to Department of Justice policies aimed at aggressively combatting corporate crime and encouraging companies to self-report misconduct. These new policies result from months of DOJ meetings with a Corporate Crime Advisory Group comprised of stakeholders from the business community, the defense bar, public interest groups, academics, and others ...
In a decision rendered on September 1, 20221, the Court of Appeal of Quebec stated that a judge seized of an application for authorization for treatment must ensure that the patient in question can be heard and assert their rights. The Court also took the opportunity to analyze the indefinite hospitalization clauses and the re-hospitalization clauses made necessary following a subsequent deterioration in a patient?s health ...
Polaris Innovations Ltd. v. Brent, Appeal No. 2019-1483 (Fed. Cir. Sept. 15, 2022) In our Case of the Week, the Federal Circuit provided what appears to be its first precedential opinion construing Section 317 of the Patent Act—a provision concerning the effect of settlement during an America Invents Act (AIA) proceeding. The Court’s opinion construes the statute in ways that may be unexpected for parties who seek to settle inter partes review (IPR) petitions ...
Despite their reputation, traditional defined benefit (pension) plans can be a valuable tool for small business succession planning. Defined benefit pension plans are often associated with unions and financial mismanagement resulting in severe underfunding and government bailouts. They are often viewed by many within the retirement plan industry itself as a relic ...
The Directorate of Investment and Company Administration (“DICA“) issued an Announcement for its Recommendation on Foreigner Visa Extensions (“Announcement“) that went into effect on 14 September 2022. The Announcement sets forth the requirements for companies that wish to apply to extend a foreigner’s visa and such companies must have been reg/istered for one year ...
On August 19, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) published that it had received a Freedom of Information Act (“FOIA”) request from a journalist with the Center for Investigative Reporting. The request sought the disclosure of EEO-1 Type 2 Consolidated Report data filed annually by prime federal government contractors and first tier sub-contractors (“covered contractors”) ...
Reflecting on Scottish Housing Day's theme of sustainability for this year, we consider the balancing act faced by developers in dealing with an ever changing set of challenges in their drive to Net Zero. Scottish Housing Day 2022 shines a spotlight on sustainable housing ...
Multiemployer pension plan (MEPP) withdrawal liability often costs millions of dollars, even for small employers. People weighing whether to buy or sell a construction company (or its assets) will want to be aware of any potential withdrawal liability that may be assessed. Employers that withdraw from an underfunded MEPP are subject to withdrawal liability under the Employee Retirement Income Security Act of 1974 (ERISA) ...
By: John Epperson and Peter McGaw A ban on the sale of nondurable food packaging in California containing PFAS chemicals goes into effect on January 1, 2023, which is now less than four months away. The ban was contained in Assembly Bill 1200, which was enacted in October 2021, along with unrelated new requirements for disclosure of chemicals in cookware ...
Many federal contractors are required to file Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Reports). Generally, employers that are subject to Title VII of the Civil Rights Act of 1964, as amended, and has 100 or more employees must file an EEO-1 Report with the Equal Employment Opportunity Commission (EEOC) ...
On the occasion of our annual merit-making ceremony, Kudun and Partners spent the afternoon creating beautiful memories with children with visual impairments at the Bangkok School for the Blind. Led by project champions, Pimklao Kanchanakom, Thanpitcha Rojanawiboonchai, and Thanyawan Khositapha, associates of Kudun and Partners, interactive activities have been organized to express our support for the children with visual impairments ...
Summary Carey Olsen is pleased to have supported government in the development of the LLC Law, which demonstrates Jersey’s continuing status as a leading international financial centre, and has been prepared following initial discussions with various stakeholders including Jersey Finance. It also follows the recent introduction of LLCs to both the Cayman Islands and Bermuda ...
Last month, the Dutch competition authority (ACM) cleared a joint agreement among soft-drink suppliers including Coca-Cola to discontinue plastic handles on multipacks to make the packaging more recyclable and reduce plastic. Applying its draft sustainability guidelines, the ACM found that the arrangements did not harm competition given that evidence showed the handles did not play a role in the competitive process and participants remained free to decide on, e.g ...
A new licensing scheme is coming into force in Scotland to regulate short-term lets. The scheme requires hosts of self-catering accommodation to have a licence in place to accept bookings and welcome guests. This article explains who needs to apply for a licence, when the deadlines are, and how to apply ...
What is driving the imperative for ESG alignment? There has been a cultural shift in society as more and more individuals commit to leading sustainable lives. Those individuals – whether as consumers, employees or other stakeholders in industry – now expect the businesses operating in their communities to function in a more sustainable manner too ...
As the licencing scheme for short-term lets comes into force in Scotland on 1 October 2022, hosts will need to understand the various conditions they must meet to obtain a licence. This article explains when planning permission may be necessary and details the series of conditions that hosts must meet to obtain a licence. If you are wondering if you need to apply for a licence, when the deadlines are, and how to apply, read the first article in our series to find out more ...
One of the proposals set out in the Green Paper concerns an investment obligation for streaming services. According to the proposal, streaming services are required to either invest directly in Norwegian films and series, or, if the services do not invest sufficiently in Norwegian content, contribute to the financing of such productions through financial contributions to the Norwegian Film Fund ...
