Today's judgment from the European Court of Justice ("ECJ") in the case Commission v CK Telecoms (C-376/20 P) provides insight into how the EU merger control provisions should be assessed in consolidated markets, such as telecommunications. Understanding the judgment may be relevant for consolidation plans in many industries with tendencies towards oligopoly ...
On 10 July 2023, the Maltese Parliament resolved in favour of several amendments to the Consumer Affairs Act. These amendments serve two purposes. Firstly, the Consumer Claims Tribunal can now hear consumer claims of up to €10,000. This amendment represents a significant increase in the value of the claims that can be heard by the arbiter given the previous threshold of €5,000 ...
On July 9, 2023, the State Council of the People's Republic of China[1] promulgated the Regulations on Supervision and Administration of Private Investment Funds ("Regulations"), which will take effect from September 1st, 2023 ...
Australia's Federal Court finds in favour of Nine newspapers against Ben Roberts-Smith. The judgement is a win for investigative journalism and the public’s right to know. Defence was lead by Peter Bartlett, MinterEllison. Nine newspapers’ victory in the Ben Roberts Smith vs Nine defamation case strengthens a core principle of journalism, and key tenant of democracy, which is the public’s right to know ...
Last Wednesday (July 26), the Federal Court of Appeal (FCA) handed down its highly awaited decision on the patentability of computer-implemented inventions (software patents). In Canada (Attorney General) v. Benjamin Moore & Co. (2023 CAF 168), the FCA rejected the test proposed by the Intellectual Property Institute of Canada (IPIC) in the first instance decision, Benjamin Moore & Co. c. Canada ...
The Cayman Islands Court of Appeal ("CICA") has delivered a valuable judgment on the application of section 238 of the Companies Act (as revised) in Re Trina Solar Limited.[1] This case update can be read in conjunction with our previous briefing setting out certain practical points to note in 'fair value' appraisal proceedings ...
The BVI is a leading international financial centre, and BVI companies play a significant role in the flow of capital across the global economy. As global economic conditions become more challenging, lenders are increasingly reliant on formal insolvency procedures to realise value from distressed assets. As a result, the past year has seen a marked increase in the use of statutory demands against BVI companies as a precursor to an application to appoint liquidators ...
Anton Dzhuplin, Partner of ALRUD Corporate / M&A practice, Co-Head of Crisis Management, Economic sanctions and Compliance practice, edited the “International M&A and Joint Ventures” part of the American Bar Association International Law Section annual publication “The Year In Review” ...
Patterson Belknap Webb & Tyler is pleased to announce the publication of the latest edition of the New York Commercial Division Practice Guide. As with previous editions, the guide is organized into various chapters containing useful information about litigating in the Commercial Division of the New York State Supreme Court, the “premier forum” for litigating commercial cases ...
Anton Dzhuplin, Partner of ALRUD Corporate/M&A practice and Co-Head of Crisis Management, Economic sanctions and Compliance practice, was re-elected as Vice Chair for the Year In Review of the International M&A Joint Venture Committee of the American Bar Association International Law Section. Within the Committee, world leading experts specializing in M&A share best practices and update information in the international law, raising their professional expertise ...
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A recent case has seen trustees apply for and obtain court approval for a trustee petition to wind-up the scheme's sponsoring employers. This is a relatively unusual case, but the trustees had reached a point where no other options were available to them ...
In its judgement delivered on 14th June 2023 in the names of Marco Aquilina & Euro Concrete Blocks Limited vs. Ir-Registratur tal-Kumpaniji, the Civil Court (Commerce Section), presided over by Mr. Justice Ian Spiteri Bailey, decided in favour of the plaintiffs, who successfully challenged the payment and settlement of various alleged administrative penalties imposed by the Registrar of Companies. The pertinent facts of the case are as follows ...
August 21, 2023 By: Akana K. Ma On August 14, 2023, pursuant to a Presidential executive order issued several days earlier, the U.S. Department of the Treasury released an Advance Notice of Proposed Rulemaking (the Proposed Rulemaking) announcing a ban on investment by U.S. persons, including U.S.-registered business entities, in three advanced technology sectors in China – quantum computing, artificial intelligence, and semiconductors ...
Belgium had accumulated a significant legislative backlog within insolvency law. The European Directive 2019/1023 on restructuring had to be transposed into national law by the member states by 17 July 2022 at the latest. The Belgian government did not submit a draft bill to this effect until 20 March 2023. This draft has since been voted into law and will enter into force on 1 September 2023. Several amendments are being made to (among others) Book XX of the Belgian Economic Law ...
PCC Issues Motu Proprio Merger Review Guidelines for Digital Markets On 21 August 2023, the Philippine Competition Commission (“PCC”) issued the Guidelines for the motu proprio review of Mergers and Acquisitions in Digital Markets (the “Guidelines”) to provide greater transparency and predictability over the PCC’s power of motu proprio review of mergers and acquisitions (M&As) within the digital market ...
In 1968, the Supreme Court held in Bruton v. United States that a defendant was deprived of his rights under the Confrontation Clause when a nontestifying codefendant's confession naming the defendant as a participant in the crime was introduced in their joint trial, regardless of any instruction that the jury should consider the confession only against the confessing defendant ...
The National Labor Relations Board (“NLRB”) recently handed unions a resounding victory by reviving a legal doctrine that allows them to represent employees without winning a formal election. A New Framework Built on Old Principles In 1949, the United States was in the early stages of a post-war economic expansion. The NLRB, still in its infancy, was adopting policies at a rapid pace aimed at encouraging collective bargaining ...
On Tuesday September 12, Patterson Belknap Partner Bill Cavanaugh delivered the opening statement on behalf of a coalition of the Attorney Generals from 38 states and other jurisdictions in the trial of a historic monopoly antitrust lawsuit against Google involving its search engine. Bill was appointed by the Attorney Generals of Colorado and Nebraska, the lead plaintiffs in the states' case, to serve as lead trial counsel ...
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Decentralized Finance (DeFi) represents an emerging financial model that utilises distributed ledger technologies to provide functions like borrowing, investing, or trading digital assets, all without the need for conventional centralised intermediaries. Here is a quick update with what is occurring on the international stage ...
The International Organization of Securities Commissions (IOSCO) has published its policy recommendations for decentralised finance (DeFi) as a consultation paper. Responses are due by 19 October 2023 ...
In an increasingly digital age, paper documents are often regarded (at best) as quaint and (at worst) as unnecessary and expensive. But when it comes to international trade, paper documents have been fundamental in terms of giving the holder of that physical document the benefit of valuable rights. This has now changed. From 20 September 2023, the Electronic Trade Documents Act 2023 places certain electronic trade documents on an equal footing as their paper counterparts under English law ...
On complex construction projects, there may be multiple contractors, subcontractors, vendors, suppliers, and sub-subcontractors working along side one another. With various entities working parallel there are substantial risks that one contractor’s work will interfere with that of another contractor on the project. When the two parties have direct contracts with one another (e.g ...
On the 15th of September 2023, the Court of Appeal (Inferior Jurisdiction) (Appeal Number: 155/2022 LM) reversed the Industrial Tribunal’s decision that had previously considered that the plaintiff had been unfairly dismissed from his employment with a bank. The Court was tasked with deciding on the employee’s allegations during proceedings which primarily related to claiming discriminatory treatment and unfair dismissal ...
