Over the previous couple of years, the region of South-Eastern Europe, or more specifically, the Western Balkans, has enjoyed a globally acknowledged position of an investment hot-spot. This comes as no surprise if we take into account how the socialist past of encompassing countries has provided their contemporary incarnations with a number of state-owned companies in core industries, all of which now present viable targets for Private Equity funds and M&A activities in general ...
The South African Labour Courts have, until now, not had the opportunity to consider what impact, if any, a so-called “gardening leave” provision may have on the enforceability of a restraint of trade. This issue, among others, came before the Labour Court in Johannesburg in the case ofVodacom v Godfrey Motsa and MTN Group (J74/16). Judgment was handed down by Van Niekerk J on 9 February 2016 ...
In a recent statement to the press, the Slovenian Minister of Economic Development and Technology, Zdravko Počivalšek, labelled the Serbian spas as great tourism potentials and 'undiscovered gems', before continuing to declare Slovenian interest for investing in them ...
Do hashtag trade marks need special consideration? There’s been quite a bit of discussion on the issue of hashtag trade marks of late, and there was a particularly useful article on the topic in a recent edition (1 February 2016) of the International Trademark Association (“INTA”) Bulletin. The article was entitled “Are Hashtags Capable of Trademark Protection under U.S. Law?”, and it was written by Carrie L. Kiedrowski and Charlotte K. Murphy of the firm Jones Day ...
Chambers & Partners has published the latest edition of its guide this month, and we are pleased to announce that Karanović & Nikolić has once again been included in its list of the best legal practices in the world. The Chambers guides are the culmination of thousands of in-depth interviews conducted by the largest research team of its kind, with a globally attained credibility in objectively ranking the world's best legal practices from more than 190 countries in total ...
It is well-known that a solid framework for attracting investment is a key strategy for fostering investments in a sector as big and significant as telecommunications are. As consolidation and M&A activities continue to be looked for in the region, there is an idea that the use of new technology and smart solutions is the best way to gain a competitive advantage over other market participants ...
On March 14, 2016 the Mexican Ministry of Economy published in Official Gazette of the Federation a decree amending the General Corporations Law (Ley General de Sociedades Mercantiles) which will allow the incorporation of Mexican simplified commercial corporations or “SAS” (sociedad por acciones simplificada) within a 24-hour time frame.To read the full alert, click here ...
The Second Circuit issued an important decision recently in In re Sanofi Securities Litigation applying the Supreme Court’s landmark Omnicare decision. In Omnicare, the Supreme Court held that a statement of opinion, even if honestly believed, could be actionable if the issuer failed to disclose material facts that conflict with what a reasonable investor would, in context, expect about the issuer’s basis for the opinion ...
The Consumer Financial Protection Bureau (“CFPB”) recently announced a settlement with Dwolla, Inc., an online payment processor, for allegedly deceptive statements Dwolla made to consumers regarding the company’s data security practices. In the settlement, Dwolla agreed to pay a $100,000 penalty and take specific actions to improve its data security ...
On February 29, 2016, the European Commission issued a draft of the so-called Adequacy-Decision for the new agreement between the European Union and the USA called EU-US Privacy Shield to facilitate data transfers between the European Union and the USA. It is doubtful whether the Privacy Shield will be a reliable basis for a simplified transfer of personal data ...
Since mid-February, there has been an ongoing debate in the public sphere regarding the high profile case that found the global IT giant Apple and FBI on opposite sides of the legal spectrum. The case's background involves the 2015 San Bernardino shooting incident in USA, and the fact that one of the perpetrators was in possession of an iPhone potentially containing relevant information for the ensuing investigation ...
Businesses face an increasing number of challenges and one of the most severe and potentially damaging is that of cybercrime. Fallout from a cyber-attack can result in both physical as well as reputational damage and the loss of business and customers. Chilling words - particularly given how much British businesses now rely on their online presence ...
On 16 February 2016, the Bosnian Competition Council made a ruling in favour of the cable operator and Karanović & Nikolić's client – Telemach – in the case against HD Win, the owner of the sports channel "Arena Sport", and a subsidiary of Telekom Serbia. The authority imposed a fine against HD Win for its abuse of dominant position and ordered it to enter into agreement with Telemach in order to allow its subscribers access to Arena Sport ...
On February 12, 2016, the Securities and Exchange Commission (the “SEC”) issued 18 no-action letters concerning requests to exclude proxy access shareholder proposals from proxy materials pursuant to Rule 14a-8(i)(10) of the Securities Exchange Act of 1934, as amended. Rule 14a-8(i)(10) permits a company to exclude shareholder proposals from its proxy materials if the company has already “substantially implemented” such proposals ...
With increasing numbers campaigning for Britain to leave the EU, ever closer union is looking ever more uncertain. Opinion about the positive and negative aspects of Britain remaining within the EU is diverse. Whatever decision is made, companies need to be prepared for the potential outcomes. This article looks at the likely impact of the referendum (whatever its outcome) and provides some positive steps for companies to take ...
On February 16, 2016, the recently constituted Philippine Competition Commission (“PCC”), which was created under the Philippine Competition Act (Republic Act 10667 or the “PCA”), issued Memorandum Circular No ...
Karanović & Nikolić is proud to announce the promotion of new Partners and Senior Associates. The following employees have been recognised for their hard work and dedication to our values and goals, and we hope this promotion will only increase their drive and commitment in the future ...
We have news coming from Slovenia, where it has recently been reported that the European Investment Bank (EIB) will be opening its office in the country's capital, Ljubljana, during the summer months. This piece of news does not come as too big of a surprise, since the Slovenian economy has enjoyed EIB's considerable presence over the last couple of years, with its investments during last year alone totaling EUR 798 million ...
On 16 February 2016, the Bosnian Competition Council made a ruling in favour of the cable operator and Karanović & Nikolić's client – Telemach – in the case against HD Win, the owner of the sports channel "Arena Sport", and a subsidiary of Telekom Serbia. The authority imposed a fine against HD Win for its abuse of dominant position and ordered it to enter into agreement with Telemach in order to allow its subscribers access to Arena Sport ...
Further to our previous alert relating to inspections of the Russian Data Protection Authority (‘DPA’) we would like to draw your attention that DPA is also entitled to undertake measures of so-called systematic monitoring in order to supervise compliance of data controllers with the Russian legislation on personal data. These measures mainly cover checking websites and information placed in a public domain ...
Last week, the General Court of the European Union dismissed Coca Cola's request to register its bottle shape without fluting as a Community trade mark, further denying the soft drink giant's intention, five years since the application in question was initially submitted. Back in December, 2011, Coca-Cola filed an application to the Office for Harmonisation in the Internal Market (OHIM) for the registration of its glass bottle without fluting as a Community trademark ...
The legal landscape for doing business in Iran has changed significantly in the past seven months. On July 14, 2015, the P5+1 (the United States, the United Kingdom, Germany, France, China and Russia), the European Union and Iran agreed and signed a Joint Comprehensive Plan of Action (“JCPOA”) contemplating the easing of certain Iran related sanctions ...
In a third and final round of settlements with underwriters, the SEC announced on February 2, 2016 enforcement actions against 14 firms for alleged misstatements and omissions in municipal bond offerings ...
NewLegislation Enables the Public Offering of Foreign Fund Units in Israel for theFirst Time On February 10, 2016, the IsraeliParliamentary Finance Committee approved regulations ("Regulations")which will enable the public offering of foreign mutual fund units inIsrael. The Regulations will take effectwithin six months from the date of publication. Prior to the enactment of theRegulations, the Israeli Joint Investment Trust Law permitted the offering offoreign funds in Israel ...
The United States and the European Union recently concluded a new agreement aimed at allowing U.S. companies to continue to collect, use and disclose personal information concerning European citizens, while still preserving their fundamental rights ...
