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Practice Industry: Corporate & Business, Dispute Resolution, Real Estate & Construction
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Makarim & Taira S. | December 2014

On 6 May 2014, the Governor of the Jakarta Special Capital Region (Governor) issued Regulation No. 68 of 2014 on Guidelines for Granting Construction Services Licenses (Regulation 68). Regulation 68 repeals and replaces Regulation No. 47 of 2008 and this has been in force since 12 May 2014. Regulation 68 provides a new procedure for obtaining a Construction Services License (Ijin Usaha Jasa Konstruksi or IUJK) from the Governor or Mayors in DKI Jakarta ...

Haynes and Boone, LLP | December 2014

In a landmark opinion released on December 10, 2014, the Second Circuit clarified the scope of tippee liability for insider trading in that circuit by requiring a tippee to have knowledge that a tipper gained a personal benefit from the disclosure of material nonpublic information ...

Haynes and Boone, LLP | December 2014

A federal court has denied Target Corporation’s motion to dismiss class action claims brought against it by issuing banks. The banks are seeking recovery of losses they allegedly incurred as a result of Target’s data breach in December 2013 ...

Walder Wyss Ltd. | December 2014

Back in 2007 and 2008, the Swiss Parliament was debating changes to Swiss corporate law. On 1 January 2014, the CompO was put into force, temporarily governing the subject matter of the Minder initiative. Now, the Swiss Federal Council released the Pre-Draft which would, however, not only integrate most of the provisions of the CompO into the Swiss corporate law, but in addition to several fundamental changes to certain features of Swiss corporate law strengthen corporate governance ...

Lavery Lawyers | December 2014

MUNICIPAL TAXES: IS IT POSSIBLE TO REDUCE THE BILL? Audrey-Julie DallaireThe tax pressure stemming from municipal taxes certainly constitutes an irritant for businesses. It was recently described as “unjustified” and “unfair for SMEs” by the Canadian Federation of Independent Business (CFIB), which made the following observation:[TRANSLATION] “(…) in 2013, for real-estate assets of equal value, Quebec SME owners pay on average 2 ...

Karanovic & Partners | December 2014

Bosnia & Herzegovina enacted a new Law on Public Procurement on 28 November 2014. This new legislation aims to improve current public procurement rules through key changes which will increase the level of transparency in Bosnian procurement and through more precise definitions for groups of suppliers, among other changes ...

A&L Goodbody LLP | November 2014

Businesses and consumers who suffer loss because of the anti-competitive behaviour of others may sue for damages. Some businesses have mounted major actions to claim damages in various courts to recover losses due to cartels, abuses of dominance and other breaches of competition law. The European Union is trying to encourage such actions so as to deter anti-competitive behaviour but also to facilitate the payment of compensation as a way of restoring the competitive balance to the economy ...

Haynes and Boone, LLP | November 2014

Last week, the Antitrust Division of the Department of Justice (“DOJ”) announced the latest in a series of “gun-jumping” enforcement actions over the past several years. DOJ’s settlement with two particleboard manufacturers, arising from alleged improper pre-merger coordination, includes $3.8 million in civil penalties, as well as disgorgement of $1.2 million in profits ...

Lavery Lawyers | November 2014

On January 1, 2015, the jurisdictional threshold of the Small Claims Court will be raised from $7,000 to $15,000. This constitutes a first step toward the modernization of civil procedure, explained the Minister of Justice, which will be followed by the coming into force of the new Code of Civil Procedure in January 2016.On February 28, 2014, the National Assembly passed Bill no ...

Hunton Andrews Kurth LLP | November 2014

A crucial task for law firms is creating agreements that safeguard clients´ interests bycomplying with local law while not being governed by it Latin American markets such as Brazil, Panama, Colombia and Peru are providing law firms with significant opportunities for cross-border work, particularly in energy, oil and gas exploration, infrastructure, financial services and consumer products, according to Hunton & Williams’ Fernando C. Alonso, chairman of the firm’s Latin American Practice Group ...

PLMJ | November 2014

Decree-Law 128/2014, which was published on 29 August, creates independent regulations for local accommodation (alojamento local) and had been anticipated for some months by the second amendment to the legal rules on tourist establishments ...

ALTIUS/Tiberghien | October 2014

More and more “shops in a shop” are appearing on the retail landscape. They can be organised as a truly separate shop or just a display of specific brand products amongst the other products, be it in shopping centres, department stores or just regular shops allocating some square meters to another (complimentary) brand. Regularly, parties to the contractual documentation for such a “shop in a shop” do not always expressly apply the provisions of the Law on Commercial Leases ...

ALTIUS/Tiberghien | October 2014

More and more “shops in a shop” are appearing on the retail landscape. They can be organised as a truly separate shop or just a display of specific brand products amongst the other products, be it in shopping centres, department stores or just regular shops allocating some square meters to another (complimentary) brand. Regularly, parties to the contractual documentation for such a “shop in a shop” do not always expressly apply the provisions of the Law on Commercial Leases ...

Morgan & Morgan | October 2014

Motivated by the desire to optimize all matters concerning arbitration and to adapt our previous legislation to the principles set by the United Nations Commission of International Trade Law (UNCITRAL), the Panamanian National Assembly enacted the Law No. 131 of 31st December 2013 on National and International Commercial Arbitration (the “Arbitration Act”). A summary thereof follows. Scope This Act applies to arbitrations, both national and international, with seat within Panamanian territory ...

The Competition Commission of India (CCI) has conducted India’s first dawn raid. The CCI raided offices of UK-based construction equipment maker JCB, earlier today, in connection with a case of abuse of a dominant position. The Indian Competition Act (Act) accords power to the Director General (DG) to conduct such raids after obtaining a warrant from the chief metropolitan magistrate ...

MinterEllison | September 2014

The Draft Report of the Competition Policy Review released yesterday aims to set the pathway for resuscitating productivity growth in Australia, shining a light on areas of the economy in need of reform. It focuses on what is needed to promote productivity enhancing choice, diversity and innovation and focussing on areas such as health, planning laws, power and road transport. The Draft Report recommends changes to key competition laws that apply to all Australian businesses ...

Haynes and Boone, LLP | September 2014

On August 26, 2014, Judge Robert D. Drain of the Bankruptcy Court for the Southern District of New York issued a bench ruling in In re MPM Silicones, LLC, Case No. 14-22503 (RDD), on several aspects of the plan of reorganization filed by debtor Momentive Performance Materials, Inc., a specialty chemicals manufacturing company, and its affiliated debtors ...

MinterEllison | September 2014

On 1 August 2014, the Queensland government released consultation drafts of the Planning and Development Bill 2014 (P&D Bill) and the Planning and Environment Court Bill 2014 (PEC Bill). The draft Planning Bills are proposed to replace the Sustainable Planning Act 2009 (Qld) (SPA) and seek to implement a new land-use planning and development assessment system that promotes prosperity through balancing economic growth, environmental protection and community wellbeing ...

Delphi | September 2014

The starting point for mediation in commercial disputes is that the parties themselves are in the best position to resolve the dispute, instead of entrusting it to an arbitrator or a judge. In this way, the parties retain control over their conflict, thus increasing the opportunities to reach a flexible solution. In this article we will briefly review the alternatives offered by the public courts in Sweden when a dispute already has emerged ...

Veirano Advogados | September 2014

The Brazilian Securities Exchange Commission (“CVM”) has made public its Board of Directors’ decision issued on August 12, 2014, with respect to CVM Proceeding No. 2014/6342 (“Proceeding”). The Proceeding was initiated by SPE STX 25 Desenvolvimento Imobiliário S.A. (“STX”) concerning the development of the “Rio Business Soft Inn”,because STX intended to sell 151 hotel units (“condo hotel units”) during the construction period, at an average price of R$400,000.00 in accordance with Law No. 4 ...

Haynes and Boone, LLP | September 2014

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 ...

Haynes and Boone, LLP | September 2014

On August 15, 2014, the Eleventh Circuit entered a Memorandum Opinion in the Wortley v. Chrispus Venture Capital, LLC case (In re Global Energies, LLC, “Global”)1 unwinding a section 363 sale order entered in 2010 by the Bankruptcy Court for the Southern District of Florida based on a finding of bad faith in the filing of an involuntary bankruptcy case in 2010 ...

Dykema | September 2014

The quality of one’s life is determined by the quality of the questions one asks oneself every day, and the realization that this truth applies equally to lawyering. Our theory, borne of experience, is that a lawyer conditioned to ask an empowering question when adversity strikes, such as: “How can I use this?” is a better and more effective advocate. You might one day owe your life to an accident. Literally ...

Lawson Lundell LLP | September 2014

Most commercial leases contain terms that require tenants to pay additional rent. Additional rent is usually a share of the costs and charges incurred to operate the property. These costs can include municipal taxes, insurance premiums, repair and maintenance costs and common area utility charges. In any given year, these charges change and fluctuate.  Landlords often provide an annual estimate which tenants pay subject to a year-end reconciliation ...

Haynes and Boone, LLP | September 2014

On September 3, 2014, the United States Court of Appeals for the Fifth Circuit entered an opinion vacating various orders of the United States Bankruptcy Court and District Court for the Southern District of Texas (the “Bankruptcy Court” and the “District Court”) in the bankruptcy cases of TMT Procurement Corporation and its affiliated debtors (the “Debtors”), including a final order approving the Debtors’ post-petition debtor in possession financing (the “DI

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