In light of ongoing litigation between General Motors and Fiat Chrysler, Dinsmore partner Mark Carter wrote an article for Automotive News explaining the basics of RICO actions: "Any person injured in his or her business or property by a pattern of racketeering activity may have standing to seek relief pursuant to the Organized Crime Control Act of 1970 ...
On Feb. 6, 2020, the Ohio Supreme Court affirmed a decision of the Ohio Board of Tax Appeals (“BTA”), finding the sale price of interests in a limited liability company (“LLC”) was the best evidence of the true value of the LLC’s real property for tax purposes. In Columbus City Schools Bd. of Edn. v. Franklin Cty. Bd. of Revision, Slip Opinion No ...
Afridi & Angell was recently successful in obtaining interim orders from the Dubai Courts attaching bank guarantees pending commencement of arbitration proceedings. The first matter involved two guarantees issued as performance bonds in two separate construction contracts, both which contained an arbitration clause under the Dubai International Arbitration Centre (DIAC) Rules ...
Summary On January 13, 2020, the Committee on Foreign Investment in the United States (CFIUS) issued final regulations to implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA)1 (the “Regulations”2). The Regulations go into effect on February 13, 2020. CFIUS’s existing regulations (the “Pilot Program”) will continue to apply to transactions that close prior to February 13, 2020 ...
On 30 January 2020, the World Health Organization (WHO) declared that the outbreak of novel coronavirus or COVID-19 constituted a Public Health Emergency of International Concern (PHEIC). The COVID-19 is a respiratory illness caused by a new coronavirus which first originated in Wuhan, Hubei Province, China, the death toll from which has reportedly surpassed 1,000 on mainland China, while confirmed infections have passed 40,000 globally ...
The novel coronavirus (“COVID-19”) epidemic has spread across the country since December 2019. So far, 31 provinces, municipalities and autonomous regions have launched Class A major public health emergency responses ...
On February 19, 2020, The Supreme Court of Pennsylvania, Eastern district, issued its opinion in Roverano v. John Crane, Inc. and Brand Insulations, Inc. on two critical questions: 1. the applicability of the Pennsylvania Fair Share Act, 42 Pa.C.S. Section 7102, to strict liability asbestos cases pending in the Commonwealth’s courts; and 2. Inclusion of bankrupt entities on the verdict sheet for purposes of liability only ...
Several recent reports claim that the novel coronavirus (COVID-19) epidemic in China is beginning to slow down and generally under control, prompting businesses in China to resume operations. In order to minimise further spreading of the virus as employees return to work, the PRC government has issued different local rules and guidelines to ensure enterprises are adequately prepared ...
On February 13, 2020, in Frlekin v. Apple, Inc., No. S243805 (Cal. 2/13/2020), the California Supreme Court determined that Apple employees must be paid for time spent waiting for and undergoing exit bag searches. Although Apple does not require its employees to bring bags to work, the Court concluded that the search time amounts to time under which the employees are under Apple's "control," as that term is defined in the California Wage Orders ...
BVI government welcomes announcement. Blacklist expands to include 12 jurisdictions.On 18 February 2020, EU Finance Ministers updated the EU list of non-cooperative tax jurisdictions, upgrading the British Virgin Islands to whitelist status, which designates the country as a fully co-operative tax jurisdiction in line with all of the tax good-governance standards ...
A loud warning has been sounded to those inclined to follow practice rather than the strict letter of the law in divorce matters in Uganda. In Nagidde v Mwasa (Civil Appeal No, 168 of 2019), the trial judge granted a divorce without holding a hearing or receiving evidence from the parties, stating that the marriage had irretrievably broken down on account of irreconcilable differences ...
Originally published in DRI - For the Defense. By Hakim Bouadi, Stephanie U. Eaton, Matthew W. Georgitis, and Robert A. Plichta Bringing an engineer and an architect onto the legal team as soon as a building catastrophe happens has more than just legal benefits ...
When a debtor, natural or legal person, is constituted in serious circumstances of insolvency in the face of a plurality of creditors, the legislator has foreseen as a mechanism to solve said problem three alternatives of action, depending on the qualities of the insolvent person: the insolvency creditors, bankruptcy and suspension of payments ...
On February 26, 2020, the Supreme Court ruled in Intel Corp. Investment Policy Committee v. Sulyma, 589 U.S. ___ (2020) (Sulyma) that an ERISA1 plaintiff’s admitted receipt of disclosures about his retirement plan investments was insufficient to prove he had “actual knowledge” of the information therein — the effect of which would have been to trigger a shorter three-year statute of limitations period that would have barred his lawsuit altogether ...
INTRODUCTION In one of his last speeches as Attorney General of the United States, Jeff Sessions proudly boasted: “We are sending a clear message to criminals across the country: we will find you. We will bring you to justice. And you will pay a very high price for what you have done.” This type of rhetoric is often reserved for serious criminal offenders ...
In our geography in constant transition, resources must be shielded, which is why we must revisit as investors the macro trends as economists call it, prudence in investment matters is imposed without restraining dynamism, only taking it in a gradual and diversified way. Investing in companies or funds with a green seal is one of the strategies that have been outlined for this new year 2020 ...
With the economy facing downward pressure, the Hong Kong Government is rolling out various supporting and funding measures to help enterprises. The $30 billion HK$ Anti-epidemic Fund The Legislative Council Finance Committee approved the $30 billion Anti-epidemic Fund on 21 February 2020, more than half of which - HK$16.9 billion - will serve as one-off cash injections to retailers, food and beverages service providers, start-ups and other businesses ...
The UK Government believes that up to a fifth of the workforce may be off sick during the peak of a Coronavirus epidemic. It remains to be seen whether Coronavirus will affect that volume of people, but there are already clear signs of how it is disrupting the day-to-day operations of businesses in the UK and around the rest of the world ...
The State Taxation Administration (STA) released several announcements in the beginning of February which established preferential tax policies for facilitating the prevention and control of the outbreak of the novel coronavirus (COVID-19) and supporting enterprises to resume their business operations. Certain preferential tax treatments are specifically offered to enterprises and individuals that are directly involved in the prevention and control of the outbreak of COVID-19 ...
It is normal that an insurance contract does not cover all the different events that are part of the entire risk, since this would imply that the contract was becoming more expensive every day, in the face of the appearance of catastrophic risks or risks that due to different factors do existed before. In this sense, the delimitation of the scope of the insurance contract becomes an important situation to analyze ...
The ongoing global outbreak and spread of Novel Coronavirus 2019 (COVID-19), commonly known as coronavirus, is a dramatic event of global proportions, with far-reaching implications in a wide range of areas. The spread of coronavirus directly affects capital markets, global supply chains, worldwide transportation, large-scale events and conferences, and many other aspects of commerce and business, domestic and international ...
Plaintiffs’ counsel in pharmaceutical product liability cases continue to pursue depositions of company sales representatives and seek to elicit testimony supporting their common theme that pharmaceutical companies disregard the health and safety of their consumers in the dogged, single-minded pursuit of sales and profits ...
In terms of the spread of coronavirus COVID-19, there has been quite a lot of talk aboutforce majeureand the resulting non-performance of one’s contractual obligations. In addition toforce majeure, contract law recognises also the concept of alteration of the balance of contractual obligations (§ 97 of the Law of Obligations Act) ...
On 16 March 2020, following the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) Order 2020, all the states in Malaysia have been declared as infected areas by the infectious disease, Covid-19. On the same day, the Malaysian Government issued a formal Movement Control Order ("Order”) under thePrevention and Control of Infectious Diseases Act 1988and thePolice Act 1967 ...
Pursuant to Decree no. 195/March 16th, 2020, published in the Official Gazette of Romania no. 212/March 16th, 2020, the President of Romania instated a state of emergency on the entire territory of Romania, for a period of 30 days, starting from March 16th, 2020 ...
