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Haynes and Boone | January 2016

As part of its effort to eliminate the risk of taxpayer-funded bail-outs of European banks, the European Union undertook a new “bail-in” regime beginning on January 1, 2016, implementing rules which require banks and some other market participants in EU member states to write-down, cancel, convert into equity or otherwise modify certain unsecured liabilities if such steps are required to recapitalize the institution.To red the full alert, click here ...

Haynes and Boone | January 2016

If 2015 is considered to be the “Year to Amend and Extend,” then 2016 is setting up to be the “Year of Reckoning.” Last year began with high hopes for a reset to the oilfield activity levels of mid-2014, which did not materialize. Market conditions appeared to stabilize in the middle of 2015 at an activity level to support an oil price of $60 per barrel, but that stability did not last long since 2015 concluded with oil below $40 per barrel ...

Hunton Andrews Kurth LLP | January 2016

On December 18, 2015, President Obama signed into law the Protecting Americans from Tax Hikes Act of 2015 (the “Act”). The Act encourages foreign investments in REITs and ends certain tax-free REIT spin-offs. The Act also includes a largely helpful set of technical revisions to the REIT tax rules.Continue reading a summary of the more significant REIT provisions of the Act ...

Hunton Andrews Kurth LLP | January 2016

Real estate professionals, owners, managers, investors and lenders, as well as anyone else involved in today’s real estate market, face a variety of risks of loss. Here are ten ways insurance can help mitigate potential liabilities. 1. Additional Insured Coverages. Real estate transactions are complex, with multiple parties with diverse roles and durations of involvement. This means multiple policies of insurance ...

Wardynski & Partners | January 2016

The main provisions of the Restructuring Law of 15 May 2015 enter into force on 1 January 2016. It will serve one of the foundations of commercial law in Poland, enabling effective restructuring of insolvent enterprises. The Restructuring Law sets forth the rules for the Polish courts to conduct four separate types of restructuring procedures. It also introduces a range of major changes to the Bankruptcy & Recovery Law of 2003, which from 1 January 2016 is renamed the Bankruptcy Law ...

Carey | January 2016

Decree N° 50/2015, issued by the Ministry of Public Works, has been enacted. This act approves the Regulation that sets the technical conditions to be fulfilled during the design, construction and operation stages of hydraulic works, as defined in Article 294 of the Water Code.Through this Decree, the Ministry of Public Works has set the text for the Regulation of Large Public Hydraulic Works, which had been pending enactment since 1981 ...

Haynes and Boone | January 2016

The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”), in In re Simon Shiao Tam, held the seventy-year old disparagement clause of Section 2(a) of the Lanham Act unconstitutional on December 22, 2015. Under Section 2(a), a trademark shall be refused registration if it consists of “matter which may disparage…persons, living or dead… or bring them into contempt, or disrepute ...

Haynes and Boone | January 2016

The recent Memorandum of Understanding (the “MOU”) between the U.S. Department of Justice (“DOJ”) and Department of Labor (“DOL”) reinvigorated the Worker Endangerment Initiative by “redoubling” the agencies’ cooperative “efforts to hold accountable those who unlawfully jeopardize workers’ health and safety,” Deputy Attorney General Sally Quillian Yates announced on December 17, 2015. An accompanying memorandum sent to all 93 U.S ...

Haynes and Boone | January 2016

The Securities and Exchange Commission (the “SEC”) adopted the final rules to Regulation Crowdfunding on October 30, 2015, which implemented Title III of the JOBS Act to allow companies to raise capital through crowdfunding. The final rules are codified as Regulation Crowdfunding in furtherance of Section 4(a)(6) of the Securities Act of 1933 ...

Hunton Andrews Kurth LLP | January 2016

What will happen if the objectives of the Paris Climate Agreement are not achieved? Most people assume that since the agreement is non-binding, failure to reach the targets will necessitate new political action, writes Lucas Bergkamp, Partner at the Brussels-based law firm Hunton & Williams LL.P. But according to Bergkamp, what is likely to happen is that climate activists will instead turn to the judiciary to enforce the treaty ...

Haynes and Boone | January 2016

On December 15, 2015, the National Hydrocarbons Commission (Comisión Nacional de Hidrocarburos or, “CNH”) in a successful public bid for Mexico, awarded all of the 25 available blocks of License Agreements for the Production of Hydrocarbons in on-shore contract areas. A total of 41 formal bidders submitted effective proposals ...

Haynes and Boone | January 2016

On December 11, 2015, the U.S. Securities and Exchange Commission (the “SEC,” or the “Commission”) issued re-proposed rules (the “Proposed Rules”), as authorized under Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) ...

Lavery Lawyers | January 2016

The election of a majority Liberal government last October 19 signaled that there would be numerous changes to Canadian tax policy, particularly for individuals. One of these changes which has made waves in the business community is the reform of the tax regime applicable to stock options. Under section 7 of the Income Tax Act (Canada) in its current form, the benefit realized by an employee on exercising stock options is treated as employment income ...

Haynes and Boone | January 2016

The filing window for Fiscal Year 2017 for Cap-Subject H-1B petitions – those subject to the annual numerical limit (the “Cap”) – will open on April 1, 2016. Given recent trends, the number of filed petitions is expected to again exceed the Cap. Over the last three years, the Cap has been reached within the first week of the April filing period ...

Morgan & Morgan | January 2016

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Lavery Lawyers | January 2016

The TSX Venture Exchange reaches out to the VC communityThe TSX Venture Exchange (the “TSX-V”) has released a white paper which describes how it intends to become an attractive public market for early-stage companies from fast-growing sectors such as technology, clean technology, renewable energy and life sciences (the “high-growth sectors”) and how it intends to ensure that private equity firms, venture capital (“VC”) funds and angel investors consider the TSX-V as an effective stra

Lavery Lawyers | January 2016

On January 11, 2016, Vadim Kazenelson, a project manager for Metron Construction Corporation (“Metron”), was sentenced to three and a half years in prison.1 This sentence follows the decision rendered on June 26, 2015 in which the Superior Court of Ontario found Mr. Kazenelson guilty of the five charges against him, including four counts of criminal negligence causing death and one count of criminal negligence causing bodily harm ...

Haynes and Boone | January 2016

loration and production (“E&P”) companies are confronting the harshest industry environment in decades. E&P companies experienced a drastic deterioration in prices for their oil and natural gas production during the second half of 2014, which remained at depressed levels throughout 2015. The velocity and steepness of the decline has resulted in deteriorating operating cash flows, results of operations and financial condition for many E&P companies ...

Plesner | January 2016

A new bill on restrictive employment covenants has been adopted. Restrictive covenants concluded after 1 January 2016 will be subject to the new rules. We have listed some of the key changes below. Non-competition clauses can now only be entered into with employees who hold a very special position of trust. Previously, it was only a requirement that the employee held a special position of trust ...

Haynes and Boone | January 2016

As part of the nuclear arrangement reached with Iran, the United States rescinded its nuclear-related sanctions imposed on entities outside the United States on January 16, 2016, which is the so-called “Implementation Day” under the Joint Comprehensive Plan of Action (“JCPOA”). At the same time, the United States also lifted sanctions on foreign subsidiaries of U.S. companies. Apart from a few specific exceptions, however, including new exceptions for U.S ...

ENSafrica | January 2016

For years, the South African securities lending industry has been lobbying for an exemption from securities transfer tax (“STT”) for the outright transfer of listed equity securities as collateral. On 8 January 2016, the Taxation Laws Amendment Act 25 of 2015 was promulgated, which includes the long-awaited introduction to the Securities Transfer Tax Act 25 of 2007 (the “STT Act”) of such an exemption ...

ENSafrica | January 2016

On 11 December 2015, shortly before the holiday season began, the Minister of Telecommunications and Postal Services published an amendment to the Alternative Dispute Resolution Regulations (“the regulations”) in the Government Gazette. The amendment states that Internet domain names registered in the .co.za, .net.za, .web.za and .org.za are open to alternative dispute resolution under the regulations ...

ENSafrica | January 2016

A recent Trade Mark Registry decision confirms that well-known global brands are well protected in Mauritius. The case involved an application by a Mauritian company called Exparel Limited to register the trade mark JSP-JUST SAFETY PROFESSIONAL in classes 25 (the clothing class) and 35 (the business services class) in Mauritius. The application was opposed by a UK company called JSP Limited. JSP Limited is based in Oxford and was established in 1964 ...

ENSafrica | January 2016

In South Africa, the Advertising Standards Authority (“ASA”) is often used as a forum for trade mark-style disputes. As a recent decision shows, however, success isn’t guaranteed. Regular readers of our IP ENSight newsletters will know that companies are quite fond of using the ASA for what are essentially trade mark or passing off-type disputes. One reason for this is that ASA proceedings are far cheaper and quicker than court proceedings ...

ENSafrica | January 2016

Termination of electricity supply due to non-payment of an electricity account A landlord may not, without a court order, terminate the supply of electricity to premises leased to a tenant who is in arrears with monthly electricity payments. This is according to the recent High Court judgment in the matter of Anva Properties CC vs End Street Enterprises CC (22109/2014, 14 April 2015) ...

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