Investing in India can be challenging in view of the myriad of laws at both the Central and State level, as well as cumbersome sector specific requirements. Many-a-times, foreign investors tie up with Indian promoters to overcome these hurdles. However, difficulties get amplified when they get embroiled in litigation / arbitration with Indian promoters over issues related to mismanagement, control, earn-out payments etc ...
The UK Government has put forward for approval by Parliament a new safeguard mechanism for international transfers, known as the International Data Transfer Agreement (IDTA), that will impact organisations transferring personal data out of the UK. If approved, the IDTA will apply from 21 March 2022, and we would encourage affected organisations to review their data transfer processes now ...
Background On February 4, 2022, Law No. 21.420 was enacted, which reduces or eliminates the indicated tax exemptions thereof. This law seeks the financing of the new Guaranteed Universal Pension (PGU) in a sustainable way over time, including a series of amendments to the Mining Code, among others. Modifications Exploration Mining Concession The duration of the concession is increased from 2 to 4 years, eliminating the possibility of requesting an extension ...
When the family team at Shoosmiths is instructed to advise on international child abduction we are very much aware that the parent left behind is often living a real-life nightmare. The situation usually involves our client’s child(ren) having been abducted by the other parent and being retained in a foreign country, or there being a serious risk that the other parent is about to abduct the child(ren) from this country to somewhere overseas ...
Key Points Before a party may sue to seek a refund of allegedly excessive property-related fees, like municipal water rates, their pre-suit Government Claims Act presentation must “fairly describe” each way in which the fees violated Proposition 218, or risk dismissal. Proposition 218 does not apply to penalties that water agencies impose on customers who fail to timely pay water bills. Do not overlook the Government Claims Act ...
A Los Angeles Police Department Captain was en route to a homicide scene when he received a radio call for a robbery in progress. The Captain noticed a patrol car parked in the alley near the robbery location which was not responding to the call; the Captain assumed it was a traffic car on a different radio frequency, and decided to respond to the call himself. As he was arriving, he saw the patrol car back up and leave the area ...
U.S. Citizenship and Immigration Services (USCIS) released guidance on the FY2023 H-1B lottery process. Despite attempts to change the structure of the lottery selection process, the Service announced that it would continue with a random-selection lottery for 2022. The registration system will be open from 12 p.m. ET March 1, 2022 until 12 p.m. ET March 18, 2022. The application fee will continue to be $10 for each case entered into the system ...
U.S. Citizenship and Immigration Services (USCIS) released guidance on the FY2023 H-1B lottery process. Despite attempts to change the structure of the lottery selection process, the Service announced that it would continue with a random-selection lottery for 2022. The registration system will be open from 12 p.m. ET March 1, 2022 until 12 p.m. ET March 18, 2022. The application fee will continue to be $10 for each case entered into the system ...
The phrase ‘national security’ is at the heart of but not defined in the National Security and Investment (NSI) Act 2021. There are some insights from related legislation and other sources, but the absence of definition means there is legal and consequently business uncertainty. From 4 January 2022 when the NSI Act 2021 came into full effect, the meaning of national security became crucial to M&A activity concerning the UK ...
U.S. Citizenship and Immigration Service (“USCIS”) announced on January 28, 2022, that this year’s annual application period for the FY 2022 H-1B program will run from March 1, 2022, through March 18, 2022. Continuing the new electronic registration process that USCIS implemented for the first time two years ago, employers seeking new H-1B visas must register electronically with USCIS during the 16-day window. USCIS will then review all registrations submitted ...
The Third District Court of Appeal recently reinforced the deference afforded to cities and counties in interpreting subjective design guidelines for residential development. (Old East Davis Neighborhood Association v. City of Davis (2021) WL 6426082 ...
Article by Anne Coulon, Regional Legal Adviser, DFDL Thailand This article considers the various modes of dispute resolution used the most in Thailand, with particular reference to several key industry sectors of Thailand. Even where significant commercial interests are at stake, a dispute need not necessarily lead to an all-out confrontation. The opposing parties may attempt to settle their dispute through negotiation, and sometimes, mediation ...
Someone at IRS’s Chief Counsel Office realized the Service may have a qualified small business stock (“QSBS”) interpretation problem. After the IRS released multiple private letter rulings (“PLRs”) with favorable guidance on what constitutes a qualified trade or business under IRC section 1202(e)(3), IRS Chief Counsel appears to have had enough. Chief Counsel Memo (“CCA”) 202204007 (Nov ...
Nature Simulation Systems Inc. v. Autodesk, Inc., Appeal No. 2020-2257 (Fed. Cir. Jan. 27, 2022) In its only precedential patent decision this week, the Court of Appeals for the Federal Circuit corrected what it considered to be an incorrect standard for claim indefiniteness applied by the U.S. District Court for the Northern District of California. In doing so, the Federal Circuit reversed the lower court’s holding that claims of Nature Simulation Systems, Inc ...
January 31, 2022 By: Tracy A. Warren and Yvonne A. Ricardo 2022 has many California employers suffering from PAGA fatigue. Too many times, plaintiffs’ attorneys use the Private Attorneys General Act of 2004 (“PAGA”) to drive up settlement demands, gaining large attorneys’ fees, over what are seemingly nuisance claims ...
Law No. 21,394, officially published on November 30, 2021, introduced a set of reforms to the justice system to promote efficiency in judicial processes and to limit the need for physical presence in courts. For that purpose, the Law reformed certain provisions of the Organic Code of Courts, the Code of Civil Procedure, and the Electronic Procedure Law, regarding the collection proceeding: Legal deadline to file an opposition to the collection complaint ...
The reforms introduced to the justice system by the publication of Law No. 21,394, dated November 30, 2021, has regulated transitory provisions on the procedure before courts with civil jurisdiction, Courts of Appeals and Supreme Court, for civil and commercial matters, with provisory effect, to facilitate the implementation of the permanent provisions of the Law ...
On November 30, 2021, Law No. 21,394 was published, introducing a set of reforms to the justice system to promote efficiency in judicial proceedings and to limit the need for physical presence in Courts. In addition, on December 13, 2021, the Supreme Court issued Act N°271-2021, enacting a decree (auto acordado) to regulate the remote appearance at pleadings and hearings before courts with civil jurisdiction, the Courts of Appeals and the Supreme Court ...
