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ENSafrica | March 2013

You’ve heard of Victoria’s Secret, right! The US company is, of course, a well-known purveyor of lingerie, a product for which there is clearly a great deal of demand:  Victoria’s Secret has some 1 000 stores throughout the world, and its turnover in 2010 was an impressive US$5.5 billion. In 2012 Victoria’s Secret lodged an objection to a domain name registration for www.victoriassecrets.com ...

ENSafrica | March 2013

Did you see the recent Carte Blanche piece called ‘Stripper Scam’ (first shown on 4 February 2013)? The one with‘bare-butt butlers’showing off their assets at ‘bachelorette parties’. The one where presenter Devi Sankaree Govender subjected viewers to a host of dreadful puns: thevillain with‘bare-faced cheek’, finally being ‘caught with his pants down’ ...

Here are select January 2013 rulings of the Supreme Court of the Philippines on legal and judicial ethics:Attorney; forum shopping as contempt of court. A disbarment complaint against Atty. Gonzales was filed for violating the Code of Professional Responsibility for the forum shopping he allegedly committed. The court held that the respondent was guilty of forum shopping. Lawyers should be reminded that their primary duty is to assist the courts in the administration of justice ...

Law and institutions-1. Treaties  Is your country a signatory to any treatises that refer to mediation? Is your domestic mediation law based on a treaty?  The Philippines is currently not a party to any treaties that refer to mediation.2 ...

Here are select February 2013 rulings of the Supreme Court of the Philippines on remedial law:Civil ProcedureActions; cause of action; elements; failure to state a cause of action is ground for dismissal ...

Lavery Lawyers | April 2013

It is not surprising that there has been so much discussion and debate surrounding the saga of Eric and Lola and the debate surrounding the saga of Eric and Loa in the past few years.  Indeed, this litigation raises issues that directly affect a large number of  Quebec couples who live in De facto Unions ...

Here are select February 2013 rulings of the Supreme Court of the Philippines on criminal law and procedure: 1.            REVISED PENAL CODE Conspiracy; joint purpose and design. Conspiracy may be deduced from the mode, method, and manner in which the offense was perpetrated; orinferred from the acts of the accused when those acts point to a joint purpose and design, concerted action, and community of interests ...

Lawson Lundell LLP | May 2013

Economic torts provide relief in relation to intentional interference with economic interests. This collection of torts can be divided into two categories: deceptive market practices and improper market practices. This paper concerns itself exclusively with the latter, examining the torts of inducing breach of contract, unlawful interference with economic interests and civil conspiracy ...

ENSafrica | May 2013

A recent posting on a popular intellectual property (IP) blog raised an issue that’s becoming increasingly important in the couch-potato / global- village world we now live in: what, if any, legal protection does a TV format enjoy? In South Africa we often watch local versions of foreign TV programs, be they ‘reality’ shows like Big Brother or Come Dine WithMe, ‘talent’ shows like Idols or Masterchef,or game shows like The Weakest L

Here are select February 2013 rulings of the Supreme Court of the Philippines on legal and judicial ethics: Attorney; confidentiality of proceedings against attorneys; exception. Atty. Fortun filed a petition for contempt against respondents for publicizing the disbarment case against him in media. Section 18, Rule 139-B of the Rules of Court states that “proceedings against attorneys shall be private and confidential ...

Here are select March 2013 rulings of the Supreme Court of the Philippines on criminal law and procedure:  1.REVISED PENAL CODE  Rape; medical examination of victim not indispensable to prove rape. An inconclusive medical report does not negate the finding that the accused (Penilla) raped AAA ...

Important Considerations In Drafting An Arbitration Provision: With the continuing increase in cross-border investments, it bears reminding that companies must plan for the eventuality that parties may not see eye-to-eye in the future – something known but not always implemented ...

1 LegislationWhat legislation is applicable to insolvencies and reorganisations? What criteria are applied in your country to determine if a debtor is insolvent? The applicable law is Republic Act No. 10142, known as the Financial Rehabilitation and Insolvency Act of 2010 (FRIA). The FRIA took effect on 18 July 2010 ...

Here are select March 2013 rulings of the Philippine Supreme Court on legal and judicial ethics:Attorney; a lawyer shall not assist in the unauthorized practice of law.  Atty. Bancolo admitted that the Complaint he filed for a former client before the Office of the Ombudsman was signed in his name by a secretary of his law office ...

Asters | June 2013

IntroductionIn the course of implementing the visa liberalisation regime with the European Union, Parliament recently passed several anti-corruption laws, including the Law on Criminal Liability of Legal Entities. The law introduced amendments to the Criminal Code, the Code of Criminal Procedure, the Law on Principles of Prevention and Combating Corruption and the Law on Ensuring the Safety of Those Involved in Criminal Proceedings ...

Asters | July 2013

Legal succession of banksUkrainian legislation prescribes a special reorganisation procedure for banks that, among other things, requires banks to:• develop a reorganisation plan;• obtain approval for internal statute changes from the National Bank of Ukraine; and• conduct an audit to ensure the correctness of transfers (for mergers and acquisitions) or the demerger balance sheet (for spin-offs and transfers) ...

Krogerus | July 2013

While arbitration offers an excellent means for parties to get their disputes settled faster than in traditional courts, how you draft the arbitration clause in a document is critically important for a positive outcome – should a dispute arise.  Legal agreements often have a clause indicating that parties agree to settle any disputes arising from the arrangement in arbitration. The text for this clause is frequently supplied by a local arbitration institute ...

Asters | July 2013

Statute of limitations for appeal of public auction contractsThe Higher Commercial Court recently clarified several issues relating to the statute of limitations for appeals of public auction contracts. (Higher Commercial Court of Ukraine Resolution 10 ("On Certain Practical Issues of Statute of Limitation Application"), May 29 2013 ...

Internal investigations are a central part of the crisis management response, and whilst the form and structure of the investigation will depend on the type of crisis, investigations will generally focus on identifying root causes and those with responsibility for the crisis ...

The insolvency of one or other of the parties to a dispute has become commonplace in recent times, particularly in construction related disputes. Practitioners are becoming increasingly knowledgeable about the implications of insolvency on procedure and the potential remedies available ...

Shoosmiths LLP | July 2013

The High Court has ruled in favour of pop star Rihanna against high street clothes retailer Topshop, which used an unauthorised image of her (almost identical to one used on her CD) on some of its T-shirts.Customers had believed it was an approved image, so the High Court confirmed Topshop was guilty of passing off ...

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