The internet may be global, but enforcement is always local—and there are plenty of (expensive) ways to find out the wrong way that you should have been doing something where you might not expect it. A typical example is the legal requirement to appoint an EU data protection representative if you’re not based in the EU, or a UK representative if you’re not based in the UK ...
Join Schwabe for an exclusive screening of The West Is Burning, followed by a panel discussion with the creators of the film. Schwabe Natural Resources attorneys Greg Fullem and Janna Davydova are excited to introduce you to the filmmakers of the documentary. After a private screening, there will be an opportunity to connect with the creators of the film, ask questions, and learn about what comes next for the forests that shape the landscape of the West Coast ...
In the third instalment of our series, we consider the practical elements of the ‘workcation’ concept. As we have seen, working elsewhere may seem like an attractive proposition to employees. They will undoubtedly be keen to take advantage of the opportunity to save precious annual leave entitlement, but it is important an employer sets some ground rules ...
As employees start to push the boundaries and consider travelling abroad to profit from a ‘working vacation’, it is essential that UK employers are aware of their obligations and the checks that must be carried out. Visa requirements should not prove an issue if the employee is remaining within the UK, but there are numerous visa considerations and contractual terms that should be reviewed before approval is given to work overseas ...
Until recently, individuals considering cooperating with an SEC investigation had a difficult time determining whether a tangible benefit would result from cooperation. Two releases issued by the SEC in the past month demonstrate how the SEC has begun to apply its Cooperation Initiative and give new insight into how the SEC evaluates and credits cooperation in determining sanctions against individuals ...
The Portuguese legal system has had a competition law regime in force for more than two decades. Nonetheless, only recently did economic agents begin to show more awareness towards its existence, that is to say, to feel its effects ...
With the spotlight recently cast upon it by the burgeoning Marcellus and other shale reserve developments, the oil and gas (“O&G”) industry has found itself increasingly the object of regulatory scrutiny ...
Recently, President Biden announced an executive order to pardon all federal marijuana possession charges. The President also urged governors to do the same at the state level saying, “Just as no one should be in a federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either.” While President Biden’s pardons signal a step toward overhauling U.S ...
TYPES OF LIMITED COMPANIES AND SHARES1. What are the main types of companies with limited liabilityand shareholders? Which is the most common? Which typedo foreign investors most commonly use?The most common types of companies that enjoy limited liabilityare the Sociedad Anónima (SAs) and the Sociedad deResponsabilidad Limitada (SRLs), and these are the main types ofcompanies with limited liability. Joint stock companies (Sociedaden Comandita por Acciones) are also common ...
After not disturbing the Third-Party Doctrine for more than 40 years, the Supreme Court created a significant exception to it inCarpenter v. United States. Slip Op., 16-402 (Jun. 22, 2018). Under the Third-Party Doctrine, individuals who voluntarily provide personal information to third parties are deemed to relinquish their legitimate reasonable expectation of privacy in that information ...
Did you know? The Hong Kong courts are now relaxing the legal test on what is a “penalty” to allow a wider range of agreed damages in commercial contracts. Why does this matter to you? It is notoriously difficult and time consuming (not to mention costly!) to assess damages for breach of contract which must be proved by the innocent party ...
On January 24th, 2019, the Executive Power submitted to Congress a bill of law that establishes measures to encourage the protection of consumers' rights -Bulletin No. 12,409-03- (hereinafter, the "Bill"). The Bill is known as the "Pro-Consumer Bill", since it amends Law No. 19,496 Consumer Protection Act ("CPA"), seeking to reinforce the rights of consumers and incorporate new obligations for suppliers ...
On October 2, 2020, the Michigan Supreme Court issued its opinion inIn re Certified Questions,Docket No. 161492, which essentially eliminated the Governor’s authority to issue any executive orders related to COVID-19 after April 30, 2020 ...
The America Invents Act of 2011 (AIA) authorizes the U.S. Patent Office to create a new third tier of fees for patent prosecution and maintenance — "Micro Entity Status" — where fees may be reduced by up to 75 percent. Micro entities are eligible to pay fees 50 percent lower than those paid by small entities and 75 percent lower than those paid by large entities ...
On December 6, 2021, the State Administration for Market Regulation issued a circular to seek public comments on a draft of the Measures for Determination of Illegal Gains in Administrative Penalty Cases by Administrations for Market Regulation (Draft for Comment) (the “Draft Measures”), which is open for public comment until January 5, 2022 ...
ENSafrica successfully represented Virgin Active in a South African Advertising Standards Authority (“ASA”) matter, regarding a Virgin Active TV advertisement that used the expression “get off your ass”. The case in question is S Jack & others v Virgin Active South Africa (Pty) Ltd, and the ruling was handed down on 26 February 2016. The point of the advertisement was to persuade people to start working out at Virgin Active gyms ...
The South African Labour Courts have, until now, not had the opportunity to consider what impact, if any, a so-called “gardening leave” provision may have on the enforceability of a restraint of trade. This issue, among others, came before the Labour Court in Johannesburg in the case ofVodacom v Godfrey Motsa and MTN Group (J74/16). Judgment was handed down by Van Niekerk J on 9 February 2016 ...
InvitationDear Ladies and Gentlemen,ALRUD Law Firm is honored to invite you to participate in our webinar:Foreign Business in Russia: What to Do and How to Mitigate Your Risks?The initial shock has passed, and the time has come to summarise the new legal regime as it pertains to your foreign business in Russia. In recent months, we have been assisting numerous foreign clients from different industries in developing and implementing solutions concerning their foreign business in Russia ...
On 1 April 2020, the Supreme Court of Appeal (“SCA”) granted an appeal against an order of Acting Justice Kose in the Cape Town High Court in favour of The Agricultural Research Council (ARC) (Bergh and Others v The Agricultural Research Council (Case no 93/2019) [2020] ZASCA 30). The appeal was against an order interdicting the appellants from infringing the ARC’s copyright in the BeefPro computer program and from unlawfully competing with the ARC ...
Earlier this month, the Court of Appeals of Texas, Third District, Austin, reinstated a “control person” claim under the Texas Securities Act (“TSA”) against Merrill Lynch Pierce Fenner & Smith Inc. related to a former broker’s allegedly fraudulent outside sales transactions. David Fernea v. Merrill Lynch Pierce Fenner & Smith, Inc., No. 03-09-00566-CV (Tex. App. –Austin, Jan. 7, 2011). Allegations ...
