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Your Contracts: a Systematic and Disciplined Approach is Called for
Lavery Lawyers, March 2008

Every day, and several times a day, we enter into contracts without knowing it or without considering and controlling their effects. This bulletin provides a brief and non-exhaustive summary to help you better understand, prepare for and monitor your contractual environment...

"Additional Rent" and a Tenant's "Proportionate Share"
Lawson Lundell LLP, September 2014

Most commercial leases contain terms that require tenants to pay additional rent. Additional rent is usually a share of the costs and charges incurred to operate the property. These costs can include municipal taxes, insurance premiums, repair and maintenance costs and common area utility charges. In any given year, these charges change and fluctuate.  Landlords often provide an annual estimate which tenants pay subject to a year-end reconciliation...

"Commission Free to Gag"
MinterEllisonRuddWatts, April 2011

Last week the Court of Appeal confirmed the extensive nature of the Commerce Commission’s (Commission) gagging powers. The scope of such powers may come as a surprise to many. On 10 March the Court of Appeal allowed the Commission’s appeal and rejected Air New Zealand’s (Air NZ) cross appeal in the “gagging orders” case...

"The Show Must Go On": Protection Against Creditors during the COVID-19 Crisis
ALTIUS/Tiberghien, May 2020

Queen’s song was clearly not about COVID 19 but the message remains the same: even if the music industry is struggling, the show must go on! It is undeniable that, with the lockdown measures and other restrictions imposed by the Belgian government to fight against COVID-19, many companies have to deal with revenue loss while keeping high level of costs. This is particularly true for the cultural sector and the music industry with the cancellation of so many events...

"Twenty Years" is Actually "Six Years" for Contractors and Manufacturers in North Carolina
Spilman Thomas & Battle, PLLC, November 2013

This year the North Carolina Court of Appeals issued an opinion that effectively nullifies many construction warranties. In Christie v. Hartley Construction, Inc., et al., No. COA12-1385, the Court limited warranties for construction defects to six years, even when the contractor or product manufacturer expressly provides a longer one.     Plaintiffs George and Deborah Christie contracted for the construction of a custom home in Chapel Hill, North Carolina, in 2004...

‘Do You Yahoo!’?
Springboard Corporate Finance, April 2016

So, I confess to being old enough to remember the ‘Do You Yahoo!’ television adverts of the 1990s… A certain comb over look that was replaced by a not insubstantial afro wig, a talking dolphin – ring any bells?Regardless, for many of us Yahoo! was the place where we started our online adventures...

‘Retire in Dubai’ Programme Announced in Dubai
Afridi & Angell, September 2020

Afridi & Angell was pleased to have advised Dubai Tourism on the testamentary and inheritance framework in Dubai in the process leading up to the much-welcomed announcement of the ‘Retire in Dubai’ programme. The announcement, made on Wednesday 2 September 2020 offers resident expatriates and foreigners aged 55 and above an opportunity to retire in the Emirate. As part of the programme, eligible applicants will be provided a Retirement Visa, renewable every five years...

“...firm steps to end cartels” —the criminalisation of cartel activity
ENSafrica, April 2016

South African Minister of Economic Development, Ebrahim Patel, has announced that, from 1 May 2016, cartel conduct (price fixing, market allocation and collusive tendering) comprises criminal activity. Directors or persons with management responsibility who participate in cartel conduct or who are aware of cartel conduct and fail to take appropriate action can be criminally prosecuted...

“Antivirus Programme” - An Instrument of Financial Assistance for Employers - New Forms of Support and Extended Deadlines (Update 03)
Kocian Solc Balastik, June 2020

Category B has been extended until the end of August 2020 and the government has approved a new form of support – Category C!   Are you considering how to maintain employment of your employees and minimize economic losses? Take a look at what financial instruments the state has prepared for entrepreneurs whose employees have been affected, directly or indirectly, by government measures taken to combat coronavirus...

“Control Person” Claim for Employee’s “Outside” Securities Transaction is Reinstated by Texas Appeals Court
Haynes and Boone, LLP, January 2011

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...

“Control” and Computer Programs – Who owns the Copyright?
ENSafrica, April 2020

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...

“Gardening leave” and the enforceability of restraints of trade
ENSafrica, March 2016

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...

“Get off your ass” isn’t offensive
ENSafrica, May 2016

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...

“Relaxing Penalties”? Sounds Like an Oxymoron
Deacons, July 2020

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...

“Seismic Shifts in Digital Technology:” Supreme Court Creates Exception to Third-Party Doctrine for Cell-Site Location Information
Dykema, June 2018

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...

“Shareholders' rights in private and public companies in Argentina: overview” (article published in Practical Law, Thomson Reuters, July 31, 2015).
Beccar Varela, September 2015

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...

“Simplifications” in the Planning and Building Act (PBL) - A Political Rush Job?
Delphi, June 2014

On 2 July 2014, the new regulations regarding further building permit exemption measures will come into effect. Among the news is the opportunity to construct 25 m2 ancillary residential dwelling without requiring a building permit. However, the amendments are not entirely without controversy and have been met by strong criticism from several respondents...

“Who's Afraid of The Big Bad Wolf?” The Portuguese Competition Authority Recent Activity
PLMJ, April 2006

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...

“Why Cooperate with the SEC?” Recent Settlements Shed Light
Haynes and Boone, LLP, April 2012

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...

10 Legal Considerations When Starting a Hemp Business in Alabama
Bradley Arant Boult Cummings LLP, October 2020

So, you want to start a hemp company in Alabama. You have your big idea and a business plan ready, but you begin to wonder whether you should be thinking about any legal issues as you get your company off the ground. That’s where we come in. Bradley’s Cannabis Industry team has a deep understanding of the many unique legal and business issues that impact hemp companies in Alabama and beyond...

10 Steps for Out-of-State Contractors to Get Licensed in Florida Without an Exam
Dinsmore & Shohl LLP, January 2021

In July 2020, Florida changed its contractor licensing statute to make it easier for contractors who have been licensed in other states for at least 10 years to obtain a Florida contractor license without having to take a licensing exam. While Florida has not entered into any formal reciprocity agreements with other states, we do finally have guidance on exactly how to apply for a Florida contractor license using an existing license from another state...

12 Keys to Compliance for Participants in Commodity Markets
Haynes and Boone, LLP, May 2017

In this article we outline 12 key elements that are critical components of a rock-solid compliance program for participants in commodity markets. We start with creating a “culture of regulatory compliance,” which pervades a company from top to bottom, and then work our way through day-to-day policies and steps you can take to minimize your company’s risk of non-compliance...

12 Questions Directors Should Ask About New Bank Activities
Dinsmore & Shohl LLP, March 2019

As seen in Bank Director A bank’s board of directors must answer to a variety of constituencies, including shareholders, regulatory agencies, customers and employees. At times those constituencies may have competing interests or priorities. Other times, what may appear to be competing interests are actually variations of aligned interests...

12 Years After SOX, The SEC Has Not Become Complacent About Compliance
Waller, August 2014

 With the twelfth anniversary of the implementation of the Sarbanes Oxley Act of 2002 (“SOX”) swiftly approaching, it may or may not be coincidental that the SEC has been involved in several SOX-related enforcement actions recently, including (i) bringing charges against the CEO and former CFO of a Florida-based computer equipment company for misrepresenting the state of its internal controls over financial reporting and (ii) awarding more than $400,000 to a whistleblower who reported fra

2013 Philippine Supreme Court Decisions on Legal and Judicial Ethics
SyCip Salazar Hernandez & Gatmaitan, June 2013

Attorney; a lawyer shall not assist in the unauthorized practice of law.  Atty. Bancolo admitted that the Complaint he filed for a former client before the Office of the Ombudsman was signed in his name by a secretary of his by Text-Enhance" href="http://lexoterica.wordpress...

 

 

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