The competition review of local market mergers is often complex. This series of three articles breaks down that complexity into ten key questions ...
The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision. Mr Justice Mostyn, sitting in the Family Court, has recently provided further guidance about determining whether a party to litigation has mental capacity to litigate ...
Dinsmore taxation associate Sierra Williams wrote an article for the American Bar Association's Journal of Affordable Housing titled "Power Couples: Twinning Opportunity Zones with Other Economic Tax Incentives." An excerpt is below. Since this country’s inception, federal economic development programs have been fundamental and innovative tools to incentivize both public and private sector investment in distressed areas ...
Originally published on October 23, 2021 Revitalizing Brownfields has long been considered a centerpiece for community efforts to encourage growth and development of properties impacted by contamination. In 2021, Oregon’s Legislature passed HB 2518, which seeks to enhance Brownfield development by making forgivable loans available to assist with the cleanup of blighted properties ...
On February 18th, 2022, the Asset Management Association of China (“AMAC”) issued the Announcement on Issues related to Application for Fund Practitioner Qualification by Overseas Fund Professionals (关于境外基金专业人才申请基金从业资格有关事项的公告, the “Announcement”), allowing eligible overseas professionals to register with AMAC as PRC fund practitioners ...
The scope of the insured’s liability (and thus, the insurance companies’ auxiliary liability) is affected not only by national law, but also by EU legislation and case law regarding “use of a motor vehicle.” After a recent Supreme Court resolution, a contradiction between the two has emerged. Motor insurance is one of the most economically significant types of insurance policies ...
The turbulent nature of recent years, not least the impact of the global pandemic, stock market volatility, the rising cost of living and rising inflation, has left no sector of the economy untouched, and so it is for wealth management ...
The Chambers Global Guide ranks law firms and lawyers in more than 200 jurisdictions in selected disciplines. All subject areas are part of Chambers Europe, published in March. SVW is ranked within Banking and Finance, Corporate M&A, Oil and Gas, Dispute Resolution, and International & Cross Border Capabilities. SVW has two new lawyers entering the rankings, Sunniva Kinsella and Mathias Teir, as up and coming, as well as defending last year’s placements ...
With a low percentage of Nigeria’s population investing in the stock market and fewer Nigerians interested in investment opportunities, the rise ofRoboAdvisors is a welcome alternative in the financial advisory market (“the Market”) in Nigeria. In a bid toregulateand strengthen the Market, the Nigerian Security and Exchange Commission (“SEC”) recently rolled out the rules onRoboAdvisory services (‘the Rules”) in Nigeria ...
The competition review of local market mergers is often complex. This series of three articles breaks down that complexity into ten key questions ...
The Oregon legislature is currently considering, as part of its February 2022 session, three bills that form a comprehensive set of changes to the Oregon Forest Practices Act (Senate Bill 1501), create a small forestland owner tax credit (Senate Bill 1502), and update the forest harvest tax (House Bill 4055). The bills stem from negotiations between private forestry companies, small woodland owners, conservation groups, and fishing organizations ...
The Infrastructure Investment and Jobs Act from the U.S. Congress, signed into law November 15 by President Biden, provides $1.2 trillion to rebuild roads and bridges, water infrastructure, resilience, and internet, with a focus on infrastructure improvements and expansion of broadband networks. The Biden Administration has established a website for the Infrastructure Investment and Jobs Act that contains helpful links to programs and program descriptions ...
HMRC publishes updated guidance on termination fees and compensation payments and confirms the VAT treatment of dilapidations. On 7 February 2022, HMRC published Revenue & Customs Brief 2 (2022) (the 2022 Brief), its long-awaited updated guidance on early termination fees and compensation payments ...
Adapt Pharma Operations Limited v. Teva Pharmaceuticals USA, Inc., Appeal No. 2020-2106 (Fed. Cir. Feb. 10, 2022) In our Case of the Week, the Court of Appeals for the Federal Circuit, in both the majority opinion and dissent, provided an extended discussion of obviousness analyses. This discussion comes in the context of the Federal Circuit affirming the U.S. District Court for the District of New Jersey’s finding, namely, that U.S. Patent Nos ...
By Michael Flynn Under the long-recognized valid when made doctrine, if a loan was not subject to a state usury law when it was made, it does not subsequently become even if it is subsequently sold or assigned to another party. The doctrine long was applied by courts and utilized in secondary market sales, but its application to a non-bank purchaser was rejected by the Second Circuit in 2015 in Madden v. Midland Funding, LLC ...
On Jan. 27, 2022 the SEC Division of Examinations issued a Risk Alert providing observations of examination staff relating to advisers to private funds. The Risk Alert provides additional observations in follow up to the Division of Examinations June 23, 2020 Private Fund Adviser Risk Alert. The Jan ...
On Feb. 9, 2022 the SEC proposed rules related to cybersecurity risk management for investment advisers and registered investment companies, as well as amendments to certain rules that govern adviser and fund disclosures ...
With the 2022 year well under way most enterprises in Cambodia are turning their attention to their annual compliance obligations. There have been some recent changes and updates with respect to the annual compliance obligations for most enterprises in Cambodia. We have included the recent changes in our summary below ...
On 10 February 2022, the General Department of Taxation (“GDT”) issued Notification 2845 (“Notification 2845”), which provides the 2021 market interest rates for Employee Loans in accordance with Article 15 of Prakas 543 on Tax on Salary and Instruction No. 7015 GDT dated 13 March 2020. The 2021 market interest rates for 2021, based on the average of ten (10) commercial Cambodian banks, are as follows: USD – 8.28% per annum Khmer Riel – 8 ...
On February 10, 2022, the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,H.R. 4445. It is expected to be signed by President Biden shortly. The Act did the seemingly impossible by passing on lopsided, bipartisan votes in both the House and Senate, befitting its odd-couple Senate sponsors: Kirstin Gillibrand (D-NY) and Lindsey Graham (R-SC) ...
In Stadler v Currys, the High Court awarded summary judgment against a claimant who alleged distress following an inadvertent data breach. Here, Philip Tansley and Kathryn Williamson consider the court's reasoning and the implications of the decision. Introduction The High Court has last week handed down yet another useful judgment for defendants facing claims for breach of UK GDPR, misuse of private information, breach of confidence and negligence as a result of a data breach ...
When contractors are engaged in construction projects, the employer/clientundertakes to make payments to the contractor in instalments and through the mechanisms provided under their contract. One important mechanism for payment in a construction contract is the contractor’s payment application. Usually, the contract will require that the contractor submitsits payment application every month or after the agreed milestones ...
