The government recently announced that a bill will be submitted to Congress to modify the Chilean Data Privacy Law N° 19,628 (“DPL”). In connection with the future bill (yet to be presented before Congress), the Ministry of Finance sent to several members of Congress a set of informal minutes outlining the structure and core aspects of the bill.The following is a summary of the minutes, and an initial legal analysis prepared by Carey ...
Various media outlets have recently been reporting on the economic relationship between Turkey and the Balkan countries, as well as the growing interest of Turkish companies to do business in this region through acquiring or cooperating with local companies – many of which are state-owned and in the process of being put up for sale by their respective governments. If we look closer into specific examples, the numbers are supportive of this positive trend, i.e ...
At the recently held coordination meeting of IPA (Instrument for Pre Accession Assistance) multi-beneficiary programs in Herceg Novi, the main focus was put on announcing the importance of EU funds for the implementation of important internal reforms and the progress of the Western Balkan countries towards membership in the European Union ...
The Indonesian Government has released the long-awaited revision to the Negative List (“DNI”). The revised regulation (Presidential Regulation No. 44/2016) was promulgated on 18 May 2016 and circulated to the public on 24 May. The DNI regulates the sectors which are closed, open, or conditionally open to investment. The DNI revision is keenly awaited as it stipulates, amongst other matters, restrictions on foreign participation in various business activities in Indonesia ...
Further to our client alert of 25 May, we include here the full list of changes to the 2014 Negative List (DNI), as contained in Presidential Regulation No. 44/2016 and its attachments. Note, again, that existing investors’ licensing will be grandfathered. ASEAN investors have preferential arrangements in many cases ...
Guatemala is experiencing an unprecedented and well-deserved offensive against corruption. An Ex-President and Vice-President along with many ex-Cabinet members are currently being prosecuted for a growing array of crimes including passive graft, money laundering and tax fraud, among others. The indictments are being brought through the efforts of a UN-sponsored commission which, until recently, had limited success in dismantling “organized crime”, its principal mandate ...
The second edition of The Public-Private Partnership Law Review has been published. Each jurisdiction chapter contains information on general framework, bidding and award procedure, contract, finance, recent decisions, and outlook. The Philippine chapter was contributed by the SyCipLaw Partners Marievic G. Ramos-Añonuevo and Arlene M. Maneja ...
We have more real estate news from Montenegro, as there are media reports on 4.9 million square meters of beach properties being put up for sale in the municipalities of Buljarica, Budva, and Bar by the Montenegrin Council for Privatisation and Capital Projects ...
The latest activity update regarding the Serbian Competition Commission has been the Decision brought by the Commission's President to initiate ex officio proceedings for suspected price fixing against 26 undertakings operating in the field of geodetic services.The proceedings come following a complaint by the Belgrade Land Development Public Agency, delivered to the Commission in April this year ...
The implementation process for the three new European directives (i.e. Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement. Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts ...
In the Executive Decree N° 1040 was enacted on May 23rd 2016, and contain the Regulation for the PPP Incentives Law. This Executive Decree is still pending to publishing in the Official Gazette, however is in force.This regulation establishes the following provisions that will regulate a PPP contract:Creates a fast track process for PPP projects, based in the studies of the public entity ...
Six years after Oracle first accused Google’s popular Android platform of infringing Oracle’s copyrights in Java application programming interfaces (“APIs”), a Northern District of California jury has found that Google’s copying constituted fair use. Oracle was seeking $8.8 billion in damages for the alleged infringement ...
Dear All, ALRUD Law Firm hereby informs that the amendments introduced to Arbitrazh procedural code in accordance with Federal law as of 02 March 2016 No. 47-FZ “On the amendments to APK RF” (hereinafter referred to as – “Law”) will come into effect on 01 July 2016. The Law remains in line with the general trend on reduction of arbitrazh (state commercial) courts workload and speeding up arbitrazh proceedings ...
Last May 10, the Minister of Municipal Affairs and Land Occupancy, Martin Coiteux, announced the tabling of several amendments to Bill 83 dealing with various legislative provisions on municipal matters. These amendments pertain to the recommendations contained in the report of the Charbonneau Commission ...
By a judgment of 24 May 2016 in the MT Højgaard/Züblin case (Case C-369/14), the Court of Justice of the European Union has pronounced on the possibilities of changing the identity or the composition of a preselected entity during an award procedure. The case was a result of E ...
In an opinion that will make vacating arbitration awards even more challenging, the Texas Supreme Court unanimously held that the Texas Arbitration Act (“TAA”) sets out the exclusive grounds for vacating arbitration awards arising from agreements governed by that statute, and that common law vacatur grounds are no longer viable. Hoskins v. Hoskins, No. 15-0046, --- S.W.3d --- (Tex. May 20, 2016). Read the full alert ...
The Defend Trade Secrets Act of 2016 (DTSA) - arguably the most significant change to U.S. intellectual property laws in the past decade - was signed into law by President Obama on May 11, 2016. The DTSA creates a federal, civil remedy for misappropriation of a trade secret that is related to a product or service used in, or intended for use in, interstate or foreign commerce ...
Plaintiffs frequently bring class action claims for alleged statutory violations for which Congress has provided private rights of action and statutory damages. In many of these instances, plaintiffs do not allege any specific, tangible harm (such as monetary loss), but claim that the violation of these so-called “statutory rights” by itself constitutes injury-in-fact sufficient to satisfy standing requirements. This week, the Supreme Court held in Spokeo v ...
The turn of the year is often a time for reflection and review.For business founders and owners this might be the one time of the year when the phone rings (less) and the inbox is more sparse ...
On 17 May 2016, the Competition Commission (the “Commission”) held a press conference to update all stakeholders on the Grocery Retail Market Inquiry (the “Inquiry”). The press conference introduced the Inquiry Panel (the “Panel”) and provided an opportunity for stakeholders in attendance to ask any questions to assist in clarifying the purpose of the Inquiry and what can be expected during the process. A summary of the press conference is set out below ...
Dear All! We would like to update you of recent strategic directions report released by the Russian Data Protection Authority (‘Roscomnadzor’) in connection with 10th anniversary of the Russian Law on Personal Data (Federal Law No.152-FZ dd. 27 July 2006). General background The report was released and presented by the Roscomnadzor’s officials at the end of March during press conference for the media ...
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 ...
A recent Australian decision on keyword usage of a registered trade mark is in line with decisions in many other countries, including South Africa. The facts in the case of Veda Advantage Limited v Malouf Group Enterprises (Pty) Ltd (2016) FCA 255 were straightforward. Veda is a company that compiles credit reports and has trade mark registrations for the trade mark Veda in class 36 for financial services. Malouf is a company that helps people remove their negative credit ratings ...
A recent South African court ruling dealing with one company’s use of another’s trade mark on an aggregator website has attracted some interest. The case in question is Car Find (Pty) Ltd v Car Trader (Pty) Ltd and Others (South Gauteng High Court, Judge van Oosten, 12 February 2016) ...
