The Second Circuit recently broadened the circumstances for when a public company should disclose government investigations. Bradley partner Elisha Kobre explains that companies will need to consider when reasonable investors would “want to know” about a probe, which is a higher standard than in earlier cases ...
The UK is facing a series of economic shocks, fuelled by the increased cost-of-living, the Ukraine war hitting the global supply chain, and lasting disruption of the Covid-19 pandemic. The combination of issues has led to shifts in shopping behaviours, working patterns and residential needs, while also impacting demand for space in traditional retail and leisure districts. Remedial action is needed to deal with these pressures and the resultant damage to UK high streets ...
Background On 23 May 2022, the latest amendment to the Public Limited Companies Act (No. 4), B.E. 2565 (2022) (the “PLC Amendment”) was published in the Government Gazette and it became effective on May 24, 2022. The PLC Amendment aims to facilitate public limited companies by allowing greater use of electronic communications in their business operations ...
Shortly after his administration began, President Biden signed Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through The Federal Government." In April 2022, in accordance with this Executive Order, the Equal Employment Opportunity Commission ("EEOC") released its "Equity Action Plan," which contains several items that may impact employers ...
In a judgement rendered on June 3, 2022,1 the Court of Appeal of Quebec reiterated that a judge who has an application for confinement in an institution before them must inform the parties when they consider that the psychiatric reports filed are insufficiently detailed. In these circumstances, the Court must allow the parties to remedy deficiencies in the evidence rather than dismissing the application. The Court of Appeal based its reasoning on the following articles: Article 268 of the C ...
Kudun and Partners represented Quantifi Photonics Limited, a company headquartered in New Zealand and an expert in harnessing, manipulating, and measuring the physical properties of light, with respect to the indirect share acquisition of SmarTest Thailand Ltd., a designer and manufacturer of high-speed test and measurement equipment used in optical communication, semiconductor manufacturing, and defense and aerospace industries ...
The section 238 appraisal process under the Companies Act [1] in the Cayman Islands is a vital safeguard designed to protect minority shareholders' economic interests. When there is a merger or consolidation involving at least one Cayman company under Part XVI of the Companies Act, a dissenting shareholder may demand payment of the “fair value” in respect of all his shares ...
The United Kingdom (UK) Economic Crime (Transparency and Enforcement) Act (the Act”) came into force on 15th March, 2022. A new Register of Overseas Entities will be created and held by Companies House. This new Act forms part of the UK government’s strategy to combat economic crime, while making sure that legitimate businesses continue to see the UK as a great place to invest ...
Kudun and Partners recently contributed to the Thailand Chapter of the Digital Business 2022 guide by the International Comparative Legal Guide (ICLG), a leading global platform for legal reference and comprehensive comparative legal guides that cover law in more than 192 jurisdictions across 58 practice areas ...
Troy Schooneman, partner and head of Kudun and Partners’ International Practice was invited to be a panelist at the World Services Group(WSG)’s Asia Pacific Region Discussion on Offshore Law Regime, a collaborative online seminar organized by the World Services Group (WSG) together with Kudun and Partners, an award-winning independent law firm in Thailand; Carey Olsen, a leading offshore law firm advising on Bermuda, British Virgin Islands, Cayman Islands, Guernsey and Jersey law, an
On 25 May 2022, the Health and Safety Executive (HSE) published its new 10-year strategy (“the Strategy”) which will inform its activities until 2032. As recognised in the Foreword, “the organisation’s role and responsibilities are growing, particularly in the areas of building safety, chemicals regulation and supporting sustainable, healthy, workplace practices ...
In the recent case ofAslan v Stepanoski[1](the Aslan case), the Court of Appeal of New South Wales, Australia upheld a builder’s action suspending the performance of works over non-payment and denial of access to the site by the employer. The Court held that the contractor’s decision to suspend works was not a repudiatory conduct as he was entitled to do so under the contract ...
Dear valued clients, colleagues and friends, We are pleased to bring you the March 2022 Issue of our quarterly Newsletter, we hope that you will continue to find its contents of value to you ...
The Government of Vietnam recently released a draft decree (“Draft Decree”) amending Decree 153/2020/ND-CP that was issued on 31 December 2020 on the trading of privately placed corporate bonds on the domestic market and selling corporate bonds on the international market (“Current Decree”). The Draft Decree was designed to facilitate a more transparent and effective corporate bond market ...
INTRODUCTION In a previous issue of Decoded, we discussed the alarming fact that many medical devices, including those implanted in patients' bodies, are leaving the manufacturers with known cybersecurity flaws. Due to these known flaws, these devices are vulnerable to being hacked, and patients’ personal/protected health information ("PHI") stolen; or worse, the device being held hostage in a ransomware attack ...
Successfully navigating the Florida state court litigation system has become easier and less costly based on recent procedural and logistical developments. With more changes on the horizon, staying current on these developments is vital for anyone with a presence in the state court system. The COVID-19 pandemic brought extensive logistical changes to Florida courthouses ...
Having been asked to manage restrictions on mobility, changes in investment portfolios, and risk appetite and to consider more closely matters of mortality and succession, many family offices have found themselves in uncharted territory ...
Contents Please click on the links below to jump to the relevant section: What are the key features of a PCC? Who can be a PCC? Incorporation of a PCC Separation of assets Attributing liability and recourse against assets Information obligation Transferring cellular assets to third parties Arrangements between cells affecting cellular assets Conversions Liquidation of a PCC Administration of a PCC Receivership of cells in a PCC Tax Foreign recognition Essentially, a PCC consi
Protected Cell Companies A Guernsey protected cell company (“PCC”) is a single legal entity. It is one company with one board of directors, one memorandum and articles of incorporation and one company registration number. A PCC comprises a core and any number of cells. Assets which are not comprised in a cell are deemed to be comprised in the core. No regulatory or filing processes are required to create a cell of a PCC ...
In September 2019 government announced a review of the system for children and young people with Special Educational Needs and Disabilities (SEND) in England. The current SEND regime introduced in 2014, is considered by many to be unfit for purpose, both in terms of accountability and consistent quality of support and adequate funding to local authorities to make the system work ...
By Bashir Ahmed, Saurbh Kothari and Dimple Soni 7 June 2022 Last year we had reported that the Federal Tax Authority (the FTA) has started to impose penalties on entities that have failed to submit their economic substance notifications by the set deadline of 30 June 2020 for the financial period ended on 31 December 2019, and the economic substance reports by the set deadline of 31 December 2020 for the financial period ended on 31 December 2019 ...
Many companies have a keen interest in recycling and upcycling old products for resale, both for environmental and promotional purposes. But when those products contain third-party intellectual property, there can be trademark and copyright concerns. Dinsmore intellectual property partner Karen Gaunt wrote about this topic for Best Lawyers' Women in Law issue, out this month. Gaunt herself has been named a Best Lawyer multiple times since 2013. An excerpt of the article is below ...
Mutual fund managers have long been important institutional investors in the capital markets. At present, there remain issues to be improved in the mutual fund industry, such as insufficient suitable professional capabilities, culture development weaknesses, and structural imbalances. In light of this, the China Securities Regulatory Commission has put forward the following guiding opinions to promote the developments of the mutual fund industry ...
