The Bribery Act 2010 came into force on 1st July 2011, which sets out four new bribery offences which can be committed by corporations and individuals. The Act assumes wide territorial jurisdiction and imposes severe sanctions. The Act is not retrospective. A bribe is defined as “a financial or other advantage”. All the old UK law, both common law and statute, is to be replaced by this legislation ...
A trust is created when the legal ownership of property is transferred to or vested in a trustee who thereafter is required by law to manage and administer the property for the benefit of beneficiaries, or for the furtherance of certain purposes. The beneficiaries of the trust collectively hold beneficial title to the trust property. This permits the beneficiaries to enforce trust obligations through the courts if necessary ...
The Employment (Amendment) Bill 2021 (“the Bill”) was tabled for its first reading on 25 October 2021, seeking to amend the Employment Act 1955 (“the Act”). In this update, Vijayan Venugopal, Grace Chai and Nur Najehah set out the key changes that the Bill proposes to introduce and analyse the potential impact of such proposed amendments ...
On 15th April 2024, Bill No. 96 titled the ‘Companies (Amendment) Bill’ was presented to Parliament by the Minister for the Economy, Enterprise and Strategic Projects for its first reading. The Bill was subsequently passed as Act No. XVIII of 2024 (the ‘Act’) on the 17th May 2024 ...
In response to the Coronavirus pandemic, the President signed H.R. 748, known as the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act on March 27, 2020. The bill provides more than $2 trillion of aid to individuals and the public and private sector ...
On 25 May 2021, the Central Bank of Nigeria (“CBN”) issued a circular to deposit money banks, payment service providers and other financial institutions notifying them of the release of the Regulatory Framework for Non-Bank Acquiring in Nigeria (“the Framework”). In this article, our Olubusola Oyeyosola Diya examines the provisions of the Framework and considers its impact on financial service providers ...
In July 2016, the South African Department of Trade and Industry (the “DTI”) published, and invited public comment on, its Intellectual Property Consultative Framework (the “IPCF”). The IPCF reflects the DTI’s views on South Africa’s IP policy position in the form of a consultative instrument ...
Pooling. This word is on the lips of almost every operator working in the Marcellus Shale. Depending on where you stand on the issue, pooling is either a necessity to allow for the efficient recovery of the resource or a dastardly scheme meant to allow big operators to run roughshod over small operators and small mineral owners ...
The with backdrop of a global pandemic, John Hartley looks at the modern structure of global corporate investigations. It is a small world and getting smaller. The speed at which COVID-19 spread across the world when most easily transmitted by being within two meters of each other is a clear indication of just how small the world is getting ...
The legal systems of the nations that comprise the Gulf Cooperation Council -- Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates -- have undergone dramatic, radical and progressive change and development in the past 25 years, which is continuing ...
China's Anti-monopoly Law ("AML") became effective on 1 August 2008. This new piece of legislation has attracted attention worldwide because of its potential impact on foreign investments in China. This article will outline the key activities prohibited by AML and explain how AML will affect foreign investors. Three main types of activities are specified under AML, namely (1) monopoly agreements, i.e ...
Corporate status A foundation company is a body corporate with a legal personality distinct from its members, directors and other connected persons. As foundation companies are governed by the Companies Act (Revised), except where it is inconsistent with the Foundation Company Act (2017), they benefit from an extensive body of case law and are well recognised in other jurisdictions ...
There’s an interesting trade mark case brewing in Australia, one that has some useful trade mark lessons.Online retail giant Amazon is opposing a trade mark application filed in 2015 by an Australian clothing retailer, Live Clothing, to register the trade mark Glamazon for retail services, including those relating to clothing. On the face of it, this case looks like an absolute “slam-dunk” for Amazon. This case is, however, far from clear ...
One of the most common questions we receive as intellectual property lawyers is “How can I prevent others from using technology that I have developed and that has significant value to my business?” That question can often be answered by advising clients to file a patent application. However, there exists another type of intellectual property protection, known as a “trade secret,” that may be more suitable for certain situations and technologies ...
According to the World Bank’s 2019 Doing Business index, Indonesia sits in 73rd position overall out of 190 countries in terms of ease of doing business. President Joko Widodo has set as a target increasing Indonesia’s ranking to 40th position. To boost investment and ease of doing business in Indonesia, in his inauguration speech on 20 October 2019, President Joko Widodo introduced the idea of enacting an Omnibus Law ...
The objectives in brief The Government would like to see the aquaculture industry grow, provided that it can do so in a sustainable manner. Statistics produced by the Directorate of Fisheries show that Norway produced and sold a total of just under 1.5 million tonnes of rainbow trout, trout and Atlantic salmon in 2020 ...
An Important Israeli Court Decision for Dual-Listed Companies: The Liability for Breaches of Reporting Obligations by Dual-Listed Companies Is Governed by the Securities Laws of the Foreign Trading Jurisdiction. In 2017 the Tel Aviv District Court (Economic Division, Judge Kabub) issued a decision in Cohen v. Tower Semiconductor Ltd. et al., C.A ...
In July 2023, the World Seafood Center opened its new facility at Oslo Airport, the world’s largest refrigerated terminal for handling of fresh seafood. Large quantities of seafood are being exported from Norway every day from this terminal ...
In the last article for our Tricky Issues series, we consider the duty to make reasonable adjustments for employees who are deemed disabled under the Equality Act 2010 and share our top tips for employers looking to make such adjustments ...
Originally published in the West Virginia Law Review ...
An expansion strategy doesn’t always need to be M&A driven. Hunton & Williams LLP partners Robert Acosta-Lewis and Susan Failla make the case for strategic alliances. When considering expanding into emerging markets, companies often look to traditional M&A oppor tunities or explore possible distribution or sales representation relationships. While both of these avenues may offer potential advantages, they also carry risks and limitations ...
An expansion strategy doesn’t always need to be M&A driven. Hunton & Williams LLP partners Robert Acosta-Lewis and Susan Failla make the case for strategic alliances. When considering expanding into emerging markets, companies often look to traditional M&A opportunities or explore possible distribution or sales representation relationships. While both of these avenues may offer potential advantages, they also carry risks and limitations ...
Who qualifies as a Politically Exposed Person? Politically exposed persons (or “PEPs”) are individuals who have been entrusted with a prominent public function ...