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Dinsmore & Shohl LLP | March 2018

In West Virginia, we are approaching another Personnel Season (for Personnel Season deadlines for the 2017-2018 school year, click here). We are often asked about the listing of individual employee names on county board of education agendas ...

A&L Goodbody LLP | February 2018

Earlier this year the European Commission published a draft Withdrawal Brexit Agreement. It is a draft treaty to embody the key principles from the Joint Report of the Commission and the UK on the first three elements of the Brexit negotiations (i.e., People, Ireland and Money - the "PIM" Phase). The draft Agreement sets out a roadmap for the EU's vision of the withdrawal process.This is a negotiating move by the EU - it is not an agreed draft. It is a move by the EU in the Brexit chess match ...

O'Neal Webster | February 2018

Best-known for its stunning natural beauty—jewel-colored waters, soft sandy beaches, and lush mountain ridges—the British Virgin Islands also excels among her peers in the international financial services industry. Notably, the Territory is relentless in its pursuit of refining and advancing its financial services legal structures and complying with worldwide regulatory regimes ...

Haynes and Boone, LLP | February 2018

Yesterday, the U.S. Supreme Court significantly narrowed the scope of the Dodd-Frank Act's anti-retaliation measures. The decision resolved a split in authority by excluding from Dodd-Frank's whistleblower protections those persons reporting suspected violations only within their companies. In reversing the Ninth Circuit, the Court held that "Dodd-Frank's anti-retaliation provision does not extend to an individual who has not reported a violation of the securities laws to the SEC ...

Dinsmore & Shohl LLP | February 2018

READ: SEC Enforcement Division Announcement On February 12, 2018, the SEC Division of Enforcement announced the Share Class Selection Disclosure Initiative self-reporting initiative (the SCSD Initiative) ...

Haynes and Boone, LLP | February 2018

The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (“OCIE”) has announced its 2018 examination priorities. The 2018 priorities provide insight into what activities OCIE believes present the highest risks to investors and, as such, what the examiners will be highlighting during their examinations of registered entities this year ...

Afridi & Angell | February 2018

UAE Federal Law 20 of 2016 (Regarding the pledge of moveables as a security for debts) (the Pledge Law) introduced a new regime for registering a pledge over moveable assets which are pledged as security for the repayment of a debt. We reported on this law in our inBrief of January 2017, New UAE Pledge Law Over Moveable Assets. The actual registration of pledges was subject to establishment of a security register pursuant to the implementing regulations issued under the Pledge Law ...

Dinsmore & Shohl LLP | February 2018

As the new year started, two Department of Justice memoranda began circulating that may bring a change in the way the United States focuses its efforts in the FCA arena.  The first, entitled, “Factors for Evaluating Dismissal Pursuant to 31 U.S.C ...

Dinsmore & Shohl LLP | February 2018

On February 7, 2018 the SEC Office of Compliance Inspections and Examinations (OCIE) issued the 2018 National Exam Program Examination Priorities. In introducing the examination priorities for 2018, OCIE describes the four pillars upon which the work of OCIE is based: promoting compliance; preventing fraud; identifying and monitoring risk; and informing policy. OCIE includes in the examination priorities factual data relating to the increase in examinations of investment advisers ...

Dinsmore & Shohl LLP | February 2018

IN THIS ISSUE: SEC Releases Update to 2018 Agenda of Regulatory Priorities The SEC Enforcement Division’s Initiatives Regarding Retail Investor Protection and Cybersecurity ENFORCEMENT ACTIONS: F-Squared Investment, Inc ...

Dinsmore & Shohl LLP | February 2018

Municipal Advisor Exam Results On November 7, the SEC’s National Examination Program issued a Risk Alert providing the SEC staff’s observations after conducting over 110 examinations of municipal advisors during the Municipal Advisor Examination Initiative ...

ENSafrica | February 2018

Every now and then, a dispute comes along that adds an extraordinary amount to the law. One such dispute is the Clearvu trade mark case.We have reported on the case of Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd on a number of occasions. This was the case in which a South African court had to consider whether or not it is unlawful for a company to bid on the trade mark of a competitor as a keyword/search term ...

ENSafrica | February 2018

In South Africa, the song Akanamali, sung by the artist Sun-El Musician and featuring Samthing Soweto, was one of the most popular songs of 2017. Towards the end of the year, South African financial services giant First National Bank (“FNB”) ran a campaign to promote its products and services. It called this campaign Akanamali and featured the hook of the song, which was about a lack of money ...

ENSafrica | February 2018

A South African judgment dealing with joint ownership of copyright in databases has recently come to light. The judgment was handed down almost a year ago, but it seems to have slipped under the radar. This judgment will, however, be of interest to those involved in IP.The case is The Philanthropic Collection (Pty) Ltd v Girls & Boys South Africa ...

ENSafrica | February 2018

It’s interesting how often trade marks and politics intersect, especially in South Africa!In the most recent example, the issue was whether a political party that had broken away from the ruling African National Congress (“ANC”) – the African Democratic Change – had infringed the rights of the ruling party. As is commonly known, the logo of the ANC features the colours black, green and gold, as well as an image of a hand grasping a spear ...

ENSafrica | February 2018

  The question of when the South African Protection of Personal Information Act, 2013 (“POPI”) will come into force has been asked many times since the Bill was signed into law by the president on 19 November 2013 ...

COBALT | February 2018

Since not only individual people, but also the overall project, are being present­ed, online presentation can be divided into two main parts. First is the management of personal social media. Avoid any dis­respectful or offensive discourse, as well as any ambiguous posts and photos. Or as a minimum , do not display them publicly. Secondly, visual communication is ab­solutely crucial to protect the name of a reliable project ...

Dinsmore & Shohl LLP | February 2018

As seen in Property Casualty 360: 1.  Policies & procedures   The methods employees utilize to steal from their employers are fairly common. Some examples include falsifying expenses, inflating expenses, double billing expenses, misusing petty cash accounts, using the company credit card for personal expenses, routing money to fictitious vendors, fabricating invoices, and putting friends and family on the payroll ...

Haynes and Boone, LLP | February 2018

Increase in HSR Thresholds.The jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) will increase February 28, 2018 and will apply to any transaction closing on or after that date. The revised thresholds will remain in effect until the next annual adjustment, expected in the first quarter of 2019. “Size of Transaction” Threshold ...

ENSafrica | February 2018

In an effort for the South African government to assess the state of transformation of publicly listed companies, the Broad-Based Black Economic Empowerment Act, 2003 (the “B-BBEE Act”), read together with the B-BBEE Regulations, requires that all companies listed on the Johannesburg Stock Exchange (“JSE”) report to the B-BBEE Commission annually on their compliance with broad-based black economic empowerment (“B-BBEE”) ...

ENSafrica | January 2018

In an increasingly connected world, the protection of privacy and personal data has become a key concern for legislators in a number of jurisdictions. In South Africa, an attempt to give effect to the constitutional right to privacy resulted in the Protection of Personal Information Act, 2013 (“POPI”), which was gazetted on 26 November 2013 ...

ENSafrica | January 2018

On 15 December 2017, the South African Department of Trade and Industry (the “DTI”) published a memorandum of understanding entered into between the Companies and Intellectual Property Commission (the “CIPC”) and the Broad-Based Black Empowerment Commission (the “B-BBEE Commission”) (the “CIPC MOU”) ...

ENSafrica | January 2018

Broad-based black economic empowerment (“B-BBEE”) is a policy of the South African government that is aimed at increasing participation by previously disadvantaged South Africans in economic activities. The Broad-Based Black Economic Empowerment Act, 2003 (the “B-BBEE Act”) is the primary legislation through which this B-BBEE policy is implemented ...

Dinsmore & Shohl LLP | January 2018

After Atlanta-based developer, Carter USA, pulled out as the master developer of the Banks Project along Cincinnati’s riverfront, the project effectively stalled.  However, the Joint Banks Steering Committee (JBSC), charged with offering recommendations with respect to this project, reconvened January 23, 2018 to take two actions ...

Country overview 1. Give an overview of the country’s economy, its structure and main characteristics, and prevailing government economic policy, particularly as regards foreign investment. The Philippines is an archipelago composed of more than 7,000 islands with 82 provinces divided in 18 regions. Rich in natural resources, it has a total land area of about 300,000 square kilometres. It is divided into three major island groups: Luzon, Visayas and Mindanao ...

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