Dear valued clients, colleagues and friends, The Firm successfully defended the prominent e-commerce platform operator, Shopee Mobile Malaysia Sdn Bhd, in a suit filed by A & M Beauty Wellness Sdn Bhd after a full trial on matters pertaining to trademark infringement, unlawful interference of trade and obligation to disclose users’ data. Click here to read more ...
The Firm acted for a corporate licensed Moneylender in an appeal against the High Court decision in Summerhay Development Sdn Bhd v Ivory Ascent Sdn Bhd (2020 1 LNS 1491 and 2020 MLJU 1549) and was successful in overturning the High Court decision in J-02(NCvC)(A)-1095-08/2020. The Court of Appeal’s decision was subsequently affirmed by the Federal Court and the borrower’s motion for leave to appeal was dismissed by the Federal Court (08(f)-415-09/2021(J)) ...
To raise sustainability practices and disclosures of listed issuers, Bursa Malaysia Securities Berhad has enhanced the sustainability reporting requirements in the Main Market Listing Requirements and the ACE Market Listing Requirements which was announced on 26 September 2022. Click here to read more. Feel free to contact our partner Lai Zhen Pik or associate Ng Kar Mun for any questions about this article or Corporate/M&A matters ...
Generally, an “accord and satisfaction” is an agreement between two or more contracting parties to accept an alternate agreement and performance in lieu of a preexisting contractual duty between the parties. The new agreement is the “accord,” and the subsequent performance of the new agreement is the “satisfaction ...
A landmark decision has been handed down by the Court of Appeal in O G Thomas Amaethyddiath v Turner & Ors [2022] EWCA Civ 1446 (further info here), a case concerning the validity of a notice to quit. The Court of Appeal applied the test set out in Mannai Investment Co v Eagle Star Life Assurance [1997] AC 749 and overturned both the decision at first instance and at first appeal ...
Just as the world started to show signs of recovery from the pandemic and there was a glimpse of a promising economic boom, Russia invaded Ukraine. The wide-reaching effect of the war on society and business has meant that many of the challenges faced by the economy are real and the risks previously believed to be of low importance have been or will be actualized ...
As we discussed in prior updates, on July 13, 2022, Christian Bruckner filed a lawsuit in the federal district court in Tampa, Florida, seeking to enjoin the Infrastructure Investment and Jobs Act’s set-aside of 10% (around $37 billion) of transportation funding for “small business concerns” owned and controlled by “socially and economically disadvantaged individuals ...
On October 28, 2022, the Department of Defense’s amendments to FAR 52.212-3 and FAR 52.219-1 became effective. These changes amended the Federal Acquisition Regulations to be in line with prior changes by the SBA to its mentor-protégé program, and recognize that a mentor-protégé joint venture qualifies for a socioeconomic program (8(a), HUBZone, WOSB, etc.) if one of the parties to the joint venture meets the associated requirements of the socioeconomic program ...
The agreement on a new EU-U.S. data privacy framework between EU Commission President Ursula Von Der Leyen and U.S. President Joe Biden had already been announced on 25 March 2022 (for background, please refer to our previous article The EU-US Privacy Shield: Third Time’s a Charm? – Mamo TCV) ...
Environmental, social and governance (ESG) reporting is a major and evolving regulatory area in Europe. Disclosures play a crucial role in helping the financial sector address climate change and sustainability. They are also being used to address issues such as poor workplace diversity and gender pay gaps. Several jurisdictions have introduced or plan to introduce measures dealing with ESG risks in supply chains ...
Given the ubiquitous nature of end-user license agreements, terms of service, and similar agreements for websites and other software,[1] it is unsurprising that a company has filed a Petition for Certiorari with the Supreme Court this term (in Genius v. Google) asking the Court to consider the extent to which the Copyright Act preempts private contracts involving a promise not to copy digital content ...
Congratulations! You won your case in court and all the expense and hard work of the past few months, or years (not to mention the broken business relationships and sleepless nights along the way) might just have been worth it to experience this moment of jubilation ...
2022 saw the removal of all COVID-19 related restrictions. As we enter our first winter restriction free, we are likely to see a significant spike in COVID-19 cases in addition to other cold or flu viruses. So, what should employers do to manage this? It is imperative that employers consider what they can do to effectively manage COVID-19 within the workplace this winter and how best to protect their employees from associated risks ...
The Philippines is currently a party to 43 double taxation agreements (DTAs), all of which contain a mutual agreement procedure (MAP) provision. The Department of Finance recently issued Revenue Regulations (RR) No. 10-2022, which took effect on 23 July 2022. RR No. 10-2022 prescribes the guidelines for filing a MAP request for assistance in resolving DTA disputes ...
On 18 November 2022, the People's Bank of China and the State Administration of Foreign Exchange ("SAFE") jointly promulgated the Provisions on Administration of Funds Invested in China's Bond Markets by Foreign Institutional Investors (《境外机构投资者投资中国债券市场资金管理规定》, the "New Rules") ...
On November 18, 2022, Ekachai Chotpitayasunon and Kongkoch Yongsavasdikul, partners from Kudun and Partners, together with senior associate, Supatra Kerinsaguna and Warathorn Wongsawangsiri from Herbert Smith Freehills visited Bangkok University as guest lecturers to provide insights on the regulations governing public listed companies and the definition of initial public offering (IPO) and the processes involved in an IPO ...
This article first provides an overview of the current state of the crypto disputes landscape, which arises at a novel intersection of crypto, arbitration and insolvency. It then looks at the type of legal and practical factors that may be relevant to a creditor in deciding on a dispute strategy when faced with a financially distressed crypto company, including in the context of arbitration and liquidation proceedings ...
In conjunction with Malta Enterprise, Residency Malta Agency has launched a new residence programme for beneficiaries under the Malta Start-Up Residence Programme. Similar to the Nomad Residence Permit , the Malta Start-Up Residence Programme seeks to attract business-driven individuals to set up their new business venture in Malta ...
On 15 November 2022, the Secretary of the Department of Energy (“DOE”) signed DOE Department Circular (“DC”) No. 2022-11-0034 which amends the Implementing Rules and Regulations of Republic Act No. 9513 (otherwise known as the Renewable Energy Act of 2008). The amendment removes the nationality restrictions on the exploration, development, and utilization of renewable energy resources such as solar, wind, biomass, ocean or tidal energy ...
Launching Lavery’s Brand Into the Future Anik Trudel likes to take risks. When she began her legal career, she decided to pursue litigation. She didn’t make this choice because it played to her strengths. “I decided to go into litigation because I was rather shy and quite afraid to speak in public,” she says. “I said to myself, ‘I might as well fix that issue ...
Due to recent global events causing high inflation, the Small Business Administration (“SBA”) issued a final rule on November 17, 2022. This final rule has two primary components. First, it adopts, without change, the interim final rule published by the SBA on July 18, 2019 that increased in all industry-specific monetary size standards. Second, in an effort to account for inflation that has occurred since 2019, the final rule also increases by an additional 13 ...
On November 18, 2022, the State Administration for Market Regulation and the Cyberspace Administration of China jointly released the Rules on Implementation of Personal Information Protection Certification (《个人信息保护认证实施规则》) (the"Rules"). The Rules mark a major step toward improving China's specialized institution certification regime for personal information (the "PI") protection.The Rules (in Chinese only) are available at:http://www.cac.gov.cn/2022-11/18/c_1670399936983876.htm ...
Contents Government attitude and definition Cryptocurrency regulation Sales regulation Taxation Money transmission laws and anti-money laundering requirements Promotion and testing Ownership and licensing requirements Mining Border restrictions and declaration Reporting requirements Estate planning and testamentary succession Government attitude and definition The Cayman Islands is a leading global financial centre and has developed a reputation as one of the world’s most
American Bar Association (ABA) Model Rule 4.2, the “no-contact rule,” provides that: “In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order ...
