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 ...
Afridi & Angell was recently successful in obtaining interim orders from the Dubai Courts attaching bank guarantees pending commencement of arbitration proceedings. The first matter involved two guarantees issued as performance bonds in two separate construction contracts, both which contained an arbitration clause under the Dubai International Arbitration Centre (DIAC) Rules ...
Thailand is at a powerful crossroads in its economic development. After several decades of consistent growth, it is now preparing to finally break through and become a high-income nation. To do this, it is focusing on smart industry. A high-income Thailand is one driven by technological progress, so the government has begun pouring money into robotics and automation ...
Thailand’s future is set to be more connected, technologically advanced and economically prosperous than ever. This being driven by one development in particular: the Eastern Economic Corridor (EEC) ...
On Feb. 6, 2020, the Ohio Supreme Court affirmed a decision of the Ohio Board of Tax Appeals (“BTA”), finding the sale price of interests in a limited liability company (“LLC”) was the best evidence of the true value of the LLC’s real property for tax purposes. In Columbus City Schools Bd. of Edn. v. Franklin Cty. Bd. of Revision, Slip Opinion No ...
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 ...
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 ...
Below, please find ENSafrica’s Mining Indaba ENSight, covering trends and recent developments impacting South Africa’s mining industry in the coming year; and the controversial issue of artisanal mining in South Africa: South Africa: legislative developments in mining in 2020 and their relation to optimising growth and investment in the digitised mining economy (Lloyd Christie) Calls to decriminalise artisanal mining (interview with Ntsiki-Adonisi Kgame, fi
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 ...
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 ...
The novel coronavirus (2019-nCoV) outbreak has affected the performance of numerous civil and commercial contracts. In this article, we examine the general legal impact of the outbreak on the performance of contracts from two perspectives, namely: 1) force majeure and 2) change in circumstances. We identify the relevant legal issues involved from these two perspectives and put forward our preliminary analysis for your reference ...
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”) ...
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 ...
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 ...
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” ...
On Dec. 18, 2019, the Fifth Circuit in Texas, et al. v. United States, et al. declared the Affordable Care Act’s1 (ACA’s) individual mandate unconstitutional. This decision is contrary to the controlling precedent established by the United States Supreme Court in NFIB v. Sebelius2, which upheld the ACA’s individual mandate as a permissible tax ...
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 ...
On Jan. 29, 2020, OCR released a notice regarding a recent federal court ruling in the case of Ciox Health, LLC v. Azar, et al ...
On 17 January 2020, the Chief Inspector of Mines for the Mine Health and Safety Inspectorate of the Department of Mineral Resources and Energy issued new guidelines and guidance notes in the Government Gazette in terms of section 49(6) of the Mine Health and Safety Act, 1996 (the "MHSA"), making these guidelines legally enforceable. These new guidelines and guidance notes must be read and interpreted in conjunction with the MHSA ...
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”) ...
Oh what a year it has been. 2019 has been a rollercoaster ride: Trump accelerates and then suddenly slams on the brakes on his tit-for-tat trade war with China. Hong Kong, hitherto the paradigm of pragmatism, lies smouldering as months of pro-democracy protests see no end. A Swedish girl (celebrating her 17th birthday just last Friday) becomes the unlikely face of environmentalism, shaming Boomers for doing nothing about climate change in front of the UN ...
The Department of Health and Human Services (HHS), Office for Civil Rights (OCR) has announced several recent enforcement actions and settlements for violations of Health Insurance Portability and Accountability Act (HIPAA) rules. Ambulance Company Pays $65,000 to Settle Allegations of Long-Standing HIPAA Noncompliance On Dec. 30, 2019, West Georgia Ambulance, Inc ...
On Dec. 23, 2019, in a unanimous decision in United Parcel Service, Inc.1, the National Labor Relations Board returned to its historic standards for arbitral deference.2 The decision expressly overrules the Board’s 2014 decision in Babcock & Wilcox Construction Co., Inc ...
