Last year, we reported on the important decision of the Royal Court of Jersey in April 2020 in Re Grundy [2020] JRC 071, which case our firm presented to the Royal Court and which demonstrated the flexibility of the remedies available under Jersey law where a successful application to set aside the exercise of a fiduciary power on grounds of mistake and/or inadequate deliberation is made (No re-writing history: the flexibility of Jersey’s remedies for mistake and inadequate deliber
BACKGROUND Complexities arise when arranging financings to co-investment structures, especially if the credit support includes security over shares granted by some (but not all) of the shareholders ...
A comment posted on social media last week in South Africa said, “It is only a Coup when it originates from the Coup d'état region in France. Otherwise it is just sparkling insurrection”. For those who are not aware, South Africa has had a few disruptive weeks with violent protests and looting. In-between the angst and sadness, there was still time for a dig at Geographical Indications (“GIs”) ...
The analytics company Clarivate recently published some trade mark filing statistics that tell us quite a bit. They certainly show that despite all the talk of a chronic COVID-19/post-COVID-19 business slump, there’s actually considerable business optimism out there. The statistics also seem to correspond with all the talk we heard recently of trade mark filings being unusually buoyant in the second half of 2020 ...
The liability of online platforms relating to infringing IP material that appears on their platforms is an interesting topic. Who is liable for infringing material that appears on online platforms, the person who posts the material or the online platform? This was recently considered by the Court of Justice of the European Union (“CJEU”) in two separate cases. Some preliminary points Copyright news in South Africa these days is scant ...
On July 12, the Ministry of Industry and Information Technology (“MIIT”), the Cyberspace Administration of China (“CAC”) and the Ministry of Public Security jointly promulgated the Provisions on Administration of Security Vulnerabilities in Network Products (the “Provisions”), which will come into effect as of September 1, 2021. These provisions add new rules for cybersecurity—a field that has recently attracted much attention ...
Listen to the podcast: About the episode: This season of Matters expounds on the concepts outlined in Jack Newton’s book, The Client-Centered Law Firm. In this episode, our hosts welcome a legal consultant and blogger, the president of a bar association, and a practicing Big Law attorney to discuss the major impact that a shift towards client-centered lawyering is having across the legal industry ...
In May 2021, we published an article, Milestone in Hong Kong-Mainland China cross border insolvency: Mutual recognition of and assistance to Insolvency Proceedings between Hong Kong and Mainland China, which highlighted the key features of the cooperation mechanism in relation to Hong Kong-Mainland China cross border insolvency set out in the Record of Meeting of the Supreme People’s Court and the Government of the Hong Kong Special Administrative Region and Mutual Recognition of a
In recent years, there has been an increasing trend for different creditors to issue multiple petitions against the same debtor company. This may be due to the large number of listed companies in Hong Kong encountering financial difficulties during this period of economic downturn, or simply a lack of knowledge of the law in this area ...
The recent decision in the Technology and Construction Court (“TCC”) in Toppan Holdings Limited and Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP arguably does no more than follow precedent. But the outcome is significant for anyone taking a collateral warranty. The lesson is: get a warranty signed promptly, if you do not want to lose the right to adjudicate ...
Not yet in the driver’s seat but hungry for change, millennials are lobbying to shape the way the companies are run. What do North Korea’s Supreme Leader Kim Jong-un, Finland’s Prime Minister Sanna Marin, United States Congresswoman Alexandria Ocasio-Cortez and Facebook co-founder Mark Zuckerberg have in common? They are all captains in their fields. And they are all millennials ...
Financial ServicesRecovery Planning Policy DocumentFollowing feedback on its exposure draft, Bank Negara Malaysia has issued a revised policy document on recovery planning which are applicable to banks and investments banks licensed under the Financial Services Act 2013, Islamic banks licensed under the Islamic Financial Services Act 2013 and financial holding companies of the foregoing mentioned licensed entities (collectively, the “FIs”) ...
Dinsmore's Tarah Rémy wrote an article for Beverage Master titled "Legal Implications of Playing Music at Your Brewery," where she discusses the intellectual property considerations breweries should take when choosing music, whether played through speakers or live. You can read the full article by clicking the link at the bottom. Below is an excerpt ...
With SEC Form 10-Qs for the second quarter ended June 30, 2021, due shortly, and SEC Form 10‑Ks for companies with June 30 year ends due in the next few weeks, publicly traded companies that received PPP loans, even those that have had those loans forgiven, need to review and update their SEC disclosures regarding their PPP loan ...
This is the third in a mini-series of articles looking at whistleblowing claims. This article looks at the importance of having whistleblowing policies in the workplace. Having a clear and cohesive whistleblowing policy in place assists employees with making whistleblowing complaints in a correct and compliant way and enables employers to handle them effectively in response ...
Starting around October 26, 2020, the Small Business Administrations (the “SBA”) asked Paycheck Protection Program (“PPP”) lenders to provide certain questionnaires to PPP borrowers with loans of $2 million or greater. There are two questionnaire forms on the Treasury: Form 3509 for for-profit borrowers and Form 3510 for non-profit borrowers ...
The Insurance Authority has recently issued a Guideline on Application for Authorisation to carry on Special Purpose Business. This largely reflects the content of the amendments made to the Insurance Ordinance by the Insurance (Amendment) Ordinance 2020 and the Insurance (Special Purpose Business) Rules. In this regard, see our Client Alerts dated 27 May 2020 and 10 March 2021 by referring to the following links ...
Like many other governments, the Government of Quebec decided to invest in infrastructure to help mitigate the impact of the COVID-19 pandemic and stimulate Quebec’s economy. A significant number of investments will be made in the transportation sector, and the government wants to accelerate the realisation of several previously announced transportation infrastructure projects in the greater Montréal area ...
On August 1, several resolutions issued by OSIPTEL’s Board of Directors were published in the Official Gazette “El Peruano”, referring to the following topics: (i) the tariff and interconnection regime applicable to calls terminated on mobile networks; (ii) the quality standards applicable to the provision of internet services; and, (iii) the implementation of an automated measurement system for the verification of internet access service by OSIPTEL ...
On August 1, several resolutions issued by OSIPTEL’s Board of Directors were published in the Official Gazette “El Peruano”, referring to the following topics: (i) the tariff and interconnection regime applicable to calls terminated on mobile networks; (ii) the quality standards applicable to the provision of internet services; and, (iii) the implementation of an automated measurement system for the verification of internet access service by OSIPTEL ...
