In Jaffé v. Samsung Electronics Co. Ltd., et al ...
In 2012 the Western Cape High Court handed down a trade mark judgement that raised eyebrows. The facts were that the owner of a farm called Zonquasdrift had a trade mark registration for the mark Zonquasdrift covering wine (but not grapes). The owner of another farm in the area sold wine grapes under its name, Zonquasdrif Vineyards (no ‘t’ at the end) ...
The authorities seem to have gone on the offensive on the issue of counterfeits. In the run-up to Christmas, the Department of Trade and Industry (DTI) has called on South Africans not to buy counterfeit goods, even if they are cheaper than the originals (as they invariably are) ...
Jorge Carey:“Analyzing the repeal or modification of DL600 is an issue that can bediscussed” Jorge Carey, who has been involved in several businesses with foreigninvestors, has doubts about a reform, believing that it is not a good idea thatthis type of changes are implemented by a left or center-left governmentsbecause it risks to bring unnecessary (political) noise ...
On October 23, 2013, the Securities and Exchange Commission (the “SEC”) issued proposed rules to effect Title III of the Jumpstart Our Business Startup (JOBS) Act, enacted on April 5, 2012. Title III and the proposed rules provide the framework for companies to raise capital through securities offerings using crowdfunding. Below is a summary of the proposed rules ...
Unlike the position in England, in Scotland there is virtually no statutory protection for a commercial tenant at the expiry of their lease.Provided sufficient notice has been given by their landlord, the lease will come to an end on the expiry date and, unless a deal can be struck with the landlord, the tenant is required to leave the property on or prior to that date ...
A recent court order in favor of the Commodity Futures Trading Commission (or CFTC) and new rules issued by CFTC establish a standard of liability for depository institutions that fail to fulfill their customer funds protection obligations under the Commodity Exchange Act (or CEA) and, thus, requires them in certain circumstances to monitor the activities of clients that are registered with CFTC as futures commission merchants (or FCMs), commonly known as commodity brokers ...
In In re KB Toys,1 a recent decision by the Third Circuit Court of Appeals, the Court held that a claim that is disallowable under § 502(d)2 if held by the original claimant is also disallowable in the hands of a purchaser or subsequent transferee ...
In October 2013 the Department for Business Innovation & Skills (BIS) published a consultation on company filing requirements as part of its Red Tape Challenge (RTC) to reduce unnecessary regulatory burden. The consultation aims to consider where opportunities may exist to improve and simplify the current requirements for companies to file certain information with the Registrar of Companies at Companies House ...
Condominium and villa investors will have a more affordable, flexible and attractive opportunity to invest in the Turks and Caicos Islands’ (TCI) real estate following the enactment of the Fractional Ownership Ordinance. The Ordinance has not yet come into force, but shall do so once a notice has been published in the gazette, to this effect ...
The FCA has published a consultation paper CP 13/15. The paper sets out a series of amended Listing Rules in near-final form, along with some new and revised proposals based on feedback from a previous consultation (CP 12/25). The paper contains a package of measures designed to strengthen minority shareholder rights where they are at risk of being abused ...
FUNGAL CONTAMINATION AND COMMERCIAL LEASES Fungal contamination: a complex problem The detection of a fungal contamination problem in a building can be a complex operation. For example, recurring water infiltration due to leaks in a building’s outer envelope can create an environment that is conducive to the growth of mould in spaces not visible to the occupant, such as behind walls, in ventilation conduits, and in the plenums of the ventilation system ...
On October 31, 2013, the Supreme Court rendered three judgments with respect to class actions at the authorization or certification stage, one from the Province of Quebec1 and the other two from the Province of British Columbia.2 In all three cases, the facts raised issues with respect to the price fixing of consumer products in contravention of the Competition Act,3 notably through a conspiracy ...
In this article, we provide a brief overview of some of the changes in the rules governing Hungarian public procurement procedures, changes which entered into force on 1 July 2013 and which are of a larger practical relevance. The Act no CXVI of 2013 on the amendment of the Act no CVIII of 2011 on Public Procurement Proceedings brought about some important changes effective as from 1 July 2013. Below, we will briefly discuss two of these changes ...
This year the North Carolina Court of Appeals issued an opinion that effectively nullifies many construction warranties. In Christie v. Hartley Construction, Inc., et al., No. COA12-1385, the Court limited warranties for construction defects to six years, even when the contractor or product manufacturer expressly provides a longer one. Plaintiffs George and Deborah Christie contracted for the construction of a custom home in Chapel Hill, North Carolina, in 2004 ...
The "pay when paid" issue has troubled the construction industry for many years. It refers to payment terms contained in a sub-contract, which typically provide that the main contractor shall pay the sub-contractor a certain period of time after the main contractor has received payment from the employer. The controversy is whether the phrase should be construed as creating a condition precedent to the main contractor's liability to the sub-contractor ...
BackgroundOn June 12, 2013, the Canadian government announced its intention to introduce new legislation requiring the disclosure of payments made by Canadian extractive resource companies to domestic and foreign governments. While the United States and European Union have both already taken steps towards implementing mandatory payment reporting requirements for their mining, oil, and gas companies, Canada has now also joined the global movement towards transparency in this regard ...
In our Autumn update, we start with a nature theme by looking at problems caused by tree roots and Japanese knotweed. We also round up news on business rates and the new CRAR regime and then finish with a stark reminder about the perils of remaining in occupation once a lease has ended ...
The art of listening sometimes escapes even the most intelligent people. A person who does not listen often brings an uncomfortable feeling to a relationship – whether professional or personal. Listening is a vital piece of excellent client service delivery. It requires you to be silent but very aware of what the client says are his or her needs ...
The Second Circuit recently affirmed the dismissal of a False Claims Act lawsuit brought by the former general counsel of a clinical laboratory because the counsel disclosed confidential information in violation of state ethics rules. In Fair Labor Practices Associates v. Quest Diagnostics Inc., 2013 WL 5763181 (2nd Cir. Oct ...
In a highly-anticipated and extremely significant pair of decisions for businesses and consumers alike, the Supreme Court of Canada (“SCC”) ruled on Thursday (October 31, 2013) that the ultimate consumers at the end of a supply chain can effectively leap-frog the supply chain by having direct legal recourse in a class action against a manufacturer who illegally overcharged for the product supplied ...
On October 25, 2013, the Standing Committee of the National People’s Congress of the People’s Republic of China passed an amendment to the P.R.C. Law on the Protection of Consumer Rights and Interests (the “Amendment”) ...
Each summer, I review judgments dealing withcontract law issues looking for decisions of relevance to commercial lawyersand business leaders.[1] Contract law principles typically do notchange overnight; rather, they are modified incrementally. Where I find a case that illustrates anincremental change, I use it as a springboard for discussing the state of thelaw on the particular issue and how it affects commercial practice ...
The United States Supreme Court heard arguments earlier this month in three important securities cases regarding the preemptive scope of the federal securities laws. At issue is the meaning of the phrase “in connection with the purchase or sale of a covered security” under the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) ...
