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The New Foreign Direct Investment Law - United Arab Emirates
Afridi & Angell, November 2018

News of a new federal law on foreign direct investment in the UAE has many people asking: “Does this mean I can now form a new company with majority foreign ownership?” The answer is the same as previously, “No, not yet”. Companies incorporated in the UAE require a minimum of 51 percent UAE ownership. As an exception to this rule, 100 percent foreign ownership is permitted in free zones. The new law may lead to further exceptions in the future...

The Battle Between The Taxi Industry and The e-Hailing Operators
Shearn Delamore & Co., November 2018

The introduction of the e-hailing system had changed the landscape of public transport in Malaysia and, at the same time, intensified the competition in the taxi industry. Whilst the taxi industry was subject to specific regulatory requirements there was previously no express law to regulate the operation of the e-hailing system...

Application for an Anti-Suit Injunction: Dismissed
Afridi & Angell, November 2018

In an order dated at the end of 2018, the DIFC Court accepted that a party seeking an anti-suit injunction against proceedings in a foreign court must show that proceeding before the foreign court is or would be “vexatious or oppressive” to that party...

Inland Revenue Board Issues Updated Tax Investigation Framework in 2018 - Malaysia
Shearn Delamore & Co., November 2018

  “Tax investigation” entails an examination of a taxpayer’s business books, records, and documents as well as his personal documents to ensure that the correct amount of income is reported and tax is calculated as well as paid by the taxpayer...

Impact of the 2018 Midterm Elections
Dykema, November 2018

What Does it All Mean? With the new Democratic House majority and Republicans maintaining control of the Senate, Washington, D.C., now enters a period of divided government in the run up to the 2020 presidential election. Democrats and Republicans, including President Trump, will have to compromise on a budget and impending debt limit and sequestration, as well as spending levels for the coming fiscal years in order to avoid a government shutdown...

The Valuers, Appraisers and Estate Agents (Amendment) Act 2017 - Malaysia
Shearn Delamore & Co., November 2018

  The Valuers, Appraisers and Estate Agents (Amendment) Act 2017(“Amendment Act”), which came into force on in the begining of 2018, amended the Valuers, Appraisers and Estate Agents Act 1981 (“Principal Act”) by inserting, among others, a new Part VB which relates to property managers...

Proposed Rule Would Require Ohio Providers to Accept Standard Authorization Form for Use and Disclosure of Protected Health Information
Dinsmore & Shohl LLP, November 2018

Recently, the Ohio Department of Medicaid (ODM) proposed the adoption of Ohio Administrative Code 5160-1-32.1 (the Proposed Rule), which provides two standard authorization forms for the use and disclosure of protected health information (PHI). The standard forms are designed to comply with both the HIPAA privacy rule (45 C.F.R. § 164.508) and 45 C.F.R. Part 2, which covers certain substance abuse treatment information...

The Importance of Registering A Franchise With the Registrar of Franchises - Malaysia
Shearn Delamore & Co., November 2018

This case highlights the importance of registering a franchise with the Registrar of Franchises and the consequences of not doing so. In particular, the effect and applicability of section 6(1) of the Franchise Act 1998 (“FA 1998”) are discussed.   Facts The subject matter was “Dr. Fong’s Method” of teaching mathematics to students in primary and secondary school, which was developed by Dr. Fong Ho Kheong (“Dr. Fong”). Dr...

Insider Dealing - Deal or No Deal
Deacons, November 2018

In the Court of Appeal (CA) decision of Securities and Futures Commission v Cheng Chak Ngok (CACV 95/2017; [2018] HKCA 590), the less disputed element of insider dealing, namely the element of “dealing” was at issue. As there was no direct evidence showing the dealing in this case, the issue was whether the circumstantial evidence was sufficient to draw inferences that there was in fact dealing in the relevant shares...

Breach of Natural Justice under the Construction Industry Payment and Adjudication - Malaysia
Shearn Delamore & Co., November 2018

  The Construction Industry Payment and Adjudication Act 2012 (“Act”) was introduced to address cash flow issues affecting contractors in the construction industry as a result of delays and/or lengthy periods of payment under construction contracts. Under the Act, an unpaid party [1] is entitled to initiate an adjudication proceeding in order to claim any amounts due and/or owing to them under a construction contract...

China Passes New E-Commerce Law - A "Safe Harbour" With Chinese Characteristics
Deacons, November 2018

In less than a decade, China has become the largest e-commerce market in the world, accounting for over 40% of global e-commerce according to a recent report by McKinsey. The breath-taking speed of development has left law makers scrambling to regulate the booming e-commerce industry...

Korean Tax Reform: Opportunities and Challenges for Foreign Companies and Investors
Lee & Ko, November 2018

The Korean Ministry of Strategy and Finance (‘‘MOSF’’) has finalized the changes to the Presidential Decree of Korean tax laws (‘‘2018 PD Amendments’’) which will be of particular interest to foreign companies with business and foreign nationals residing in Korea...

Battling for The Knowledge That Controls The Car
Simonsen Vogt Wiig AS, November 2018

The value of the car is no longer merely associated with the car body, its engine or other material parts. Substantial value is found in the knowledge that controls the car – knowledge that does not only steer the car, but which may form the basis for maintenance and repairs planning, computing insurance premiums or indicating who is liable in the case of damage...

Concerns Over Video Game Gambling Continue to Grow
A&L Goodbody, November 2018

The Gambling Policy Division of the Irish Department of Justice has joined 14 other gambling regulators from around the globe in signing an International Declaration expressing concern about gambling in video games. The regulators presented a united front in addressing the "blurring of lines between gambling and other forms of digital entertainment". The increasing presence of gambling in the video gaming world has been raised as a growing concern...

Manufacturer CMP and 340B Ceiling Price Rule to Become Effective on January 1, 2019
Dinsmore & Shohl LLP, November 2018

Today the Health Resources and Services Administration (HRSA) issued a notice of proposed rulemaking (NPRM) that will end HRSA’s delays in implementing a January 5, 2017 final rule concerning 340B drug price calculations and civil monetary penalties (CMPs) against manufacturers who knowingly and intentionally overcharge 340B covered entities for 340B drugs (the Final Rule)...

EU Fintech Update: UK Cryptoassets Taskforce Publishes Final Report on Cryptoassets and DLT
A&L Goodbody, November 2018

Earlier this week, the UK Cryptoassets Taskforce published its Final Report on cryptoassets and distributed ledger technology (DLT). The Taskforce – which includes representatives from HM Treasury, the UK Financial Conduct Authority (FCA) and the Bank of England – was established in March 2018 to analyse and assess the risks and potential benefits of cryptoassets and DLT and “set out the path forward with respect to regulation [of these areas] in the UK”...

#NotHere: 5 Steps to Prevent Harassment in the Workplace in Wake of the #MeToo Movement
Dinsmore & Shohl LLP, November 2018

One year later, the #MeToo movement has caused a seismic cultural shift in American society and in the workplace. It continues to gain momentum and attracts wide-sweeping media coverage keeping the issue of sexual misconduct against women at the forefront of our national dialogue...

Modern Slavery Update
A&L Goodbody, November 2018

"Slavery remains a reality in the modern world. Children, men and children are being exploited in our towns, communities and businesses every day. The victims are hidden from view and many people may never know this cruel practice is taking place on their streets and under their noses". Rt Hon Sajid Javid MP, Home Secretary, October 2018...

Obstacles to IPOs Faced by Life Sciences Companies
Lowenstein Sandler LLP, October 2018

Initial public offerings (IPOs) are often seen as attractive by business owners in the life sciences or biotech field, writes Alan Wovsaniker, a partner with Lowenstein Sandler, in an Expert View column on the topic. The need for capital in a life sciences business tend to be great, as the cost to develop new drugs, therapies or medical devices is extremely expensive and it takes many years to receive regulatory approval to market and sell such drugs, therapies or medical devices...

New California Employment Laws For 2019
Hanson Bridgett LLP, October 2018

Governor Brown signed into law a number of bills, which significantly impact employers. Unless otherwise indicated, each new law takes effect the begining of 2019. For an in-depth analysis of how each law might affect your organization, contact one of Hanson Bridgett's experienced labor and employment lawyers...

Shipowners' Choice of Vessel Flag
Simonsen Vogt Wiig AS, October 2018

Shipowners often face the decision as to which flag they should fly on their vessel. Several factors may influence the choice of flag. The shipowner's decision as to which flag they should fly on their vessel must be made when an owner is: registering a new build; changing flag in connection with a sale and purchase transaction; or concluding a bareboat contract...

SCOTUS Changes To Sales Tax Will Ripple Through to PE, VC & M&A Deals Involving Retailers
Lowenstein Sandler LLP, October 2018

Retailers have taken note of the dramatic shift in state sales tax law emerging from one of Justice Anthony Kennedy’s last Supreme Court decisions. As different states announce legislative and regulatory changes throughout the summer, retailers are scrambling and we’re now seeing the impact in venture capital, private equity, and merger and acquisition transactions involving commerce companies. On June 21, 2018 the U.S. Supreme Court decided South Dakota v...

Netting Arrangements in Qualified Financial Contracts Made Enforceable
Afridi & Angell, October 2018

For decades, banks and other counterparties in the UAE have obtained financial services from foreign financial institutions. Industry bodies, such as the International Swaps and Derivatives Association (ISDA), the International Capital Market Association and the International Securities Lending Association, have developed standard documentation for these kinds of transactions...

How is Project Insurance Coverage Affected by a Sub-Contractor Having its Own Insurance Coverage?
Deacons, October 2018

In Haberdashers’ Aske’s Federation Trust Ltd v Lakehouse Contracts Ltd [2018] EWHC 558 (TCC), England’s Technology and Construction Court had to decide on the extent of coverage (or inclusion) of a project insurance policy for a construction project and how that coverage was affected by a sub-contractor having its own insurance cover...

New Services by Dubai Rental Disputes Centre
Afridi & Angell, October 2018

Launch of the New Rental Good Conduct Certificate Service On 8 October, the Rental Disputes Centre in Dubai launched the Rental Good Conduct Certificate service. This service is a first-of-its-kind initiative in the world. We set out below what the service will provide and how to access it...

Scotland in 2050: Life Sciences - Growth Ambitions and the Challenges Ahead
Shepherd and Wedderburn LLP, October 2018

From ground-breaking discoveries such as penicillin and insulin, to the development of the MRI body scanner and the creation of Dolly the sheep, the first mammal to be cloned from an adult cell, Scotland has long punched above its weight in life sciences and pharmaceuticals, but how do ensure this continues? Recognising the strength of these sectors, but also the ever-changing political, cultural and economic times in which we live, Shepherd and Wedderburn has commissioned the Universit

SUPPORT Act Expands Telehealth Treatment for Substance Use Disorders
Dinsmore & Shohl LLP, October 2018

In a rare bipartisan and bicameral compromise, Congress has passed the “Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act,” shortened to the “SUPPORT Act.” The bill was signed by President Trump on October 24, 2018...

South African National Assembly Passes The Revised Competition Amendment Bill
ENSafrica, October 2018

The South African Competition Amendment Bill, 2017 is a step closer to becoming operational. During its plenary sitting on 23 October 2018, the South African National Assembly (“NA”) passed a revised version of the Bill. On 1 December 2017, the Minister of Economic Development announced the release of the Competition Amendment Bill for public comment...

How Can Australia Continue Securing International Sport Events?
MinterEllison, October 2018

What needs to happen to secure the most sought-after international events on the sporting calendar? As Australia continues its reputation as a dependable major sports event host through the likes of the Gold Coast 2018 Commonwealth Games and the Invictus Games Sydney 2018, there has been an upsurge in interest from Australian cities, metropolitan and regional, to host major sporting events...

State Initiatives to Control Drug Prices
Lowenstein Sandler LLP, October 2018

While the Trump administration and Congress have talked a lot about controlling drug prices, and the administration did recently float a much-criticized proposal to require drug companies to include list prices in TV ads, state governments have grown tired of waiting and seized the initiative in this area in imaginative ways. Over the past several years, numerous states have taken a broad variety of measures to control and influence prescription drug spending and prices...

Australian Life Sciences and Biotech - Key Themes and Trends
MinterEllison, October 2018

The Australian life sciences and biotech sector is likely to continue its resurgence over the next twelve months, with global trends driving strong M&A activity in life sciences and biotech M&A. We have identified 6 key themes for activity in this sector. Three Key Opportunities  1. Demographic Trend According to the Australian Institute of Health and Welfare, healthcare expenditure in Australia is growing faster than population growth and GDP growth...

Ohio Medical Professionals Now Must Report Suspected Elder Abuse
Dinsmore & Shohl LLP, October 2018

Effective September 29, 2018, the Ohio General Assembly significantly expanded the list of mandatory reporters of suspected elder abuse. Among others, medical professionals are now included on the longer list of individuals that must report suspected elder abuse, neglect, or exploitation. To see the list of included medical professionals, view the statute here. The General Assembly expanded the list of mandatory reporters with the goal of protecting vulnerable individuals from harm...

Planning for Privacy in Health Research
MinterEllison, October 2018

Information is critical to the conduct of health and medical research. Much of the time the information relates to individuals. Higher education institutions regularly collect, use, disclose and hold information, including health information, for research purposes...

Compensation for Occupational Injuries and Diseases Amendment Bill, 2018
ENSafrica, October 2018

On 18 October 2018, the Compensation for Occupational Injuries and Diseases Amendment Bill, 2018 was published for public comment. In terms of the Notice that accompanied the Bill, written representations on the proposed amendments may be furnished within 60 days of publication of the notice...

Scotland in 2050: Rural and Agriculture - Navigating Uncertainties to Realize Opportunities
Shepherd and Wedderburn LLP, October 2018

To coincide with its 250th anniversary, Shepherd and Wedderburn commissioned the University of Strathclyde’s Fraser of Allander Institute to consider the future challenges and, more importantly, opportunities for Scotland’s economy...

A Radical Departure
Shearn Delamore & Co., October 2018

IN THIS ARTICLE, REENA ENBASEGARAM LOOKS AT THE ISSUE OF RESTRUCTURING THE WAGE SYSTEM OF HOTEL EMPLOYEES.   Introduction Service charge is a practice unique to the hotel industry whereby it is imposed on the bills issued to the customers...

Scotland in 2050: Financial Services - Financial Innovation for the Future
Shepherd and Wedderburn LLP, October 2018

The Scottish financial sector has always punched above its weight due, in large part, to its appetite for innovation and sharp business acumen, which it has successfully exported around the globe. The successful early establishment in Scotland of current account banking and the investment trust speak to this, along with the undisputed influence of the Scottish diaspora, which established many of the great financial institutions from Paris to Hong Kong...

The Ohio Supreme Court Expands and Clarifies the Voluntary Abandonment Doctrine
Dinsmore & Shohl LLP, October 2018

The Ohio Supreme Court issued a decision on September 27, 2018 which clarifies the “voluntary abandonment” doctrine, and expands the circumstances under which a claimant’s own actions may preclude the payment of temporary total compensation in State, ex rel. Klein v. Precision Excavating & Grading Co., 2018-Ohio-3890...

Scotland in 2050: Oil and Gas - Opportunities in Price Recovery
Shepherd and Wedderburn LLP, October 2018

The oil and gas sector has seen significant changes over the past few years, led by a significant reduction in global oil prices. This has increased the focus on operational efficiency and more flexible ways of working collaboratively to alleviate the effects of protracted price deflation...

OSHA Announces Anticipated Site-Specific Targeting Program Based on Electronic Recordkeeping Rule Data
Dinsmore & Shohl LLP, October 2018

Yesterday, OSHA issued a Trade Release announcing the revival of its Site-Specific Targeting Program (SST or Program).  As we forecasted when OSHA first published the Electronic Recordkeeping Rule (Rule), OSHA will use 2016 Form 300A data – which employers submitted last December – to target specific worksites for comprehensive, programmed inspections...

Blockchain and the Energy Market
Shepherd and Wedderburn LLP, October 2018

Blockchain is a distributed ledger of data entries. The entries are processed and managed by a series of different computers, or ‘nodes’, which can be running on different servers. Every computer connected to the system keeps a copy of this ledger, meaning that different parties can view and manage the same information in real time. It also makes it exceptionally safe and secure. The energy sector has been relatively slow to adopt blockchain technology...

The Future of The Law Firms: Building an Effective Relationship Between Millennials and AI
QIL+4 ABOGADOS, October 2018

The role of the Millennial lawyers and the recent incorporation of Artificial Intelligence (“AI”) in law firms are current trending topics. As a 27-year old associate of a law firm based in Guatemala City, every time I read about AI and that global law firms are incorporating AI to their practice, I ask myself, will I be replaced by it (or IT)...

Back to Basics: Navigating a SARS Audit and Dispute Process
ENSafrica, October 2018

Receiving and responding to a request for relevant material from the South African Revenue Service (“SARS”) and generally dealing with SARS during an audit or a dispute can be a daunting task for any taxpayer...

The Small Business Administration May Now Review Center for Veterans Enterprise Protests and Appeals
Dykema, October 2018

The Veterans Administration (VA) maintains the Vendor Information Pages (VIP) database of Veteran-owned small businesses (VOSB) and service-disabled Veteran-owned small businesses (SDVOSB). This database is available at www.vip.vetbiz.va.gov. The VIP database is managed by VA’s Center for Veterans Enterprise (CVE) who determines whether an offeror is eligible to be listed on the database...

Welcome Tax Proposals to the Debt Relief Rules
ENSafrica, October 2018

When debt is reduced or written off, certain adverse tax consequences may arise for the debtor. The tax provisions dealing with the debt relief rules are contained in section 19 and paragraph 12A of the Eighth Schedule to the Income Tax Act, 1962 (the “Act”). The current debt relief rules were introduced by the Taxation Laws Amendment Act, 2017 and are applicable in respect of years of assessment commencing on or after 1 January 2018...

Readying Your Life Sciences Business for Investment – A Quick Guide
Shepherd and Wedderburn LLP, October 2018

With investors such as the Scottish Investment Bank, the soon-to-be-launched Scottish National Investment Bank and the Epidarex Life Sciences Fund all increasingly paying attention to the life sciences sector against the backdrop of an increasingly competitive life sciences market in Scotland, now is a great time to consider whether your business is ready for investment, and how it could be standing out in order to attract investors...

South African Human Rights Commission Identifies Issues with Affirmative Action and Employment Equity Provisions
ENSafrica, October 2018

  The South African Human Rights Commission (the “Commission”) is mandated by section 184 of the Constitution to promote respect for human rights and a culture of human rights; to promote the protection, development and attainment of human rights; and to monitor and assess the observance of human rights in South Africa. The Commission publishes annual reports in which it highlights what it regards as problematic issues and makes recommendations in this regard...

Merger Reportability Analysis
Makarim & Taira S., October 2018

Under Government Regulation Number 57 and Indonesian Competition Authority (KPPU) Guidelines Number 02 , the criteria for determining whether a foreign merger (the definition includes a share acquisition) conducted outside Indonesia is reportable under the current Indonesian merger control rule (please note that the current merger control rule are the following: The Asset and/or revenue thresholds The value thresholds for a reportable transaction are: a...

ADGM Announces Tech Start-Up Licensing Regime
Afridi & Angell, October 2018

The Abu Dhabi Global Market (the ADGM) recently announced the launch of a commercial license specifically catered towards tech start-ups that allows entrepreneurs to obtain an operational license in the ADGM and access to a Professional Services Support Program aimed at allowing entrepreneurs entry to a community of businesses, financial services and professional advisors...

Lawyering Cashierless Technologies
Hunton Andrews Kurth LLP, October 2018

Brick and mortar retailers are rapidly diversifying checkout and payment methods to combat the erosion of sales to online channels and provide an improved shopping experience for consumers. From self-checkout kiosks, to store-specific mobile applications for payment, scan-as-you-go devices, and even ‘just walk out’ models, retailers are reinventing consumer’s notions of the traditional checkout line by going cashierless...

 

 

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