Streets named after a country’s heroes and heroines can be a hotly contested and emotive issue, especially in a country such as South Africa, with its colonial and apartheid past. This was illustrated in the recent Constitutional Court case of City of Tshwane Metropolitan Municipality v AfriForum and Another (the “AfriForum case”), which not only dealt with this sensitive topic, but also clarified an important legal issue – whether an interim interdict can be appealed ...
Facebook recently won a landmark victory in the Ninth Circuit against a company that accessed Facebook’s computers to help users manage their social network accounts. Now the company, Power Ventures, Inc., says that the Ninth Circuit’s decision risks creating “widespread confusion” about when it is a crime to use a computer to access a website. The issue in Facebook, Inc. v. Power Ventures, Inc., No. 13-17102 (9th Cir ...
On July 5, 2016 the Chilean Congress enacted Law No. 20,931 (“Anti-crime Agenda”), strengthening the prosecution of robbery, burglary, theft and willfully or negligently receiving or possessing stolen goods. The Chilean Criminal Code sanctions any individual who knowingly or negligently possesses, transports, buys, converts or trades goods proceeding from theft, robbery, embezzlement and/or cattle theft. Negligent behavior can also be prosecuted ...
Allied Irish Bank PLC -v- Moloney & anor [2016] IEHC 346 Twomey J, 20 June 2016, concerned an application by Allied Irish Bank (AIB) for summary judgment in the sum of €10.8m. The defendants contested the application claiming that they had a binding oral agreement with AIB, whereby it was agreed that the defendants would sell the properties charged to AIB, and the outstanding loan would be written off. The fact of the borrowings was not disputed ...
According to latest news reports, Elektroprivreda Crne Gore (EPCG) has shown significant interest in buying a majority stake of the Montenegrin branch of Telekom Srbija – View More
Dear Sir or Madam,We are pleased to provide you with a brief overview of some recent significant amendments to the legislation in the area of data protection and privacy. The said amendments relate to counterterrorism set of bills (so-called “Yarovaya” law), introduction of the notion of news aggregators as well as restrictions on the activity of debt collectors ...
When the wording of a construction-related guarantee is ambiguous, the intention of the parties involved is key in determining its true nature. This was highlighted in a recent Supreme Court of Appeal (“SCA”) judgment, which found that the best way to determine the parties’ intention was to look at all relevant facts ...
In 2015, according to Sensis, 56% of large and 31% of small-to-medium sized Australian businesses had a social media presence of some kind. Of these, more than half reported measuring the success of their social media investment by their numbers of 'likes', followers and subscribers ...
A recent wave of consolidation in the telecommunications sector has seen TPG Telecom acquire iiNet for $1.6 billion, Vocus Communications acquire Amcom Telecommunications for $653 million and Vocus acquire M2 Group in a 'merger of equals' valued at $3.0 billion. These three transactions have now created two industry powerhouses – TPG and Vocus. All three transactions were implemented by way of a scheme of arrangement between the notional target and its shareholders ...
Dear All, ALRUD Law Firm hereby informs that the amendments introduced to Arbitrazh procedural code in accordance with Federal law as of 02 March 2016 No. 47-FZ “On the amendments to APK RF” (hereinafter referred to as – “Law”) will come into effect on 01 July 2016. The Law remains in line with the general trend on reduction of arbitrazh (state commercial) courts workload and speeding up arbitrazh proceedings ...
By a judgment of 24 May 2016 in the MT Højgaard/Züblin case (Case C-369/14), the Court of Justice of the European Union has pronounced on the possibilities of changing the identity or the composition of a preselected entity during an award procedure. The case was a result of E ...
Lana Sarajlić, attorney-at-law in cooperation with Karanović & Nikolić, participated in a Business Briefing on 10 May, which was hosted by the American Chamber of Commerce in Bosnia and Herzegovina (BiH), on the topic of data protection developments and trends in BiH practice ...
Over the previous couple of years, the region of South-Eastern Europe, or more specifically, the Western Balkans, has enjoyed a globally acknowledged position of an investment hot-spot. This comes as no surprise if we take into account how the socialist past of encompassing countries has provided their contemporary incarnations with a number of state-owned companies in core industries, all of which now present viable targets for Private Equity funds and M&A activities in general ...
Over the previous couple of years, the region of South-Eastern Europe, or more specifically, the Western Balkans, has enjoyed a globally acknowledged position of an investment hot-spot. This comes as no surprise if we take into account how the socialist past of encompassing countries has provided their contemporary incarnations with a number of state-owned companies in core industries, all of which now present viable targets for Private Equity funds and M&A activities in general ...
It is well-known that a solid framework for attracting investment is a key strategy for fostering investments in a sector as big and significant as telecommunications are. As consolidation and M&A activities continue to be looked for in the region, there is an idea that the use of new technology and smart solutions is the best way to gain a competitive advantage over other market participants ...
On February 29, 2016, the European Commission issued a draft of the so-called Adequacy-Decision for the new agreement between the European Union and the USA called EU-US Privacy Shield to facilitate data transfers between the European Union and the USA. It is doubtful whether the Privacy Shield will be a reliable basis for a simplified transfer of personal data ...
Businesses face an increasing number of challenges and one of the most severe and potentially damaging is that of cybercrime. Fallout from a cyber-attack can result in both physical as well as reputational damage and the loss of business and customers. Chilling words - particularly given how much British businesses now rely on their online presence ...
With increasing numbers campaigning for Britain to leave the EU, ever closer union is looking ever more uncertain. Opinion about the positive and negative aspects of Britain remaining within the EU is diverse. Whatever decision is made, companies need to be prepared for the potential outcomes. This article looks at the likely impact of the referendum (whatever its outcome) and provides some positive steps for companies to take ...
Further to our previous alert relating to inspections of the Russian Data Protection Authority (‘DPA’) we would like to draw your attention that DPA is also entitled to undertake measures of so-called systematic monitoring in order to supervise compliance of data controllers with the Russian legislation on personal data. These measures mainly cover checking websites and information placed in a public domain ...
The United States and the European Union recently concluded a new agreement aimed at allowing U.S. companies to continue to collect, use and disclose personal information concerning European citizens, while still preserving their fundamental rights ...
As we previously reported, the Protection of Personal Information Act 4 of 2013 (“POPI”) was signed into law in November 2013. Those provisions which deal with the establishment of the Information Regulator came into effect on 11 April 2014. Expectations are that the President will proclaim the rest of the provisions of POPI into effect once the Information Regulator has been established ...
On 23 January 2015, the Supreme Court delivered a judgment concerning the moderation of an invalid non-competition clause in a business transfer agreement. This judgment arose after the Ghent Court of Appeal had refused to moderate a non-competition obligation lasting for period of 17 years. In line with previous case law, the clause was declared absolutely null and void and the Ghent Court of Appeal ruled that the clause could not be mitigated in any way ...
It can hardly have escaped anyone’s attention that personal integrity is a highly topical subject within the EU, and that the work to adapt the existing regulations to new technical developments has been ongoing for several years. The work with the new data protection regulation has taken a long time but has now entered an exciting phase, after the start of the so-called “trialog negotiations” between the Commission, the Council and the European Parliament over the summer ...
Cuba’s stated goal of attracting billions of dollars in foreign investment combined with the United States’ effort to re-establish diplomatic ties with Cuba have sparked intensified interest amongst potential investors seeking to enter the Cuban market.As with any emerging market, potential investors must balance the potential risks faced in doing business with the potential return on their investment ...
