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Australia Welcomes Changes to the Australian Managed Investment Fund Regime for Foreign Pension Funds

Following its announcement in November 2013, the Australian Government has released draft legislation to enable foreign pension funds to access concessional withholding tax rates under Australia's Managed Investment Trust...more

Doing Business in Canada: Employment Law

EMPLOYMENT LAW - THE EMPLOYMENT RELATIONSHIP - There are many different types of relationships which businesses can have with the people and corporations who perform services for the business, including but not...more

Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent...more

Independent Contractors for Global Organizations

As the global market grows seemingly smaller, more and more companies are expanding their reach around the world. Some companies send U.S. employees overseas, while others hire locally, or even utilize local independent...more

Data Privacy Law in the UK, Part II: Data Security and Restrictions on Data Transfers for U.S. Employers

The European Court of Justice’s decision in the Google case that it was required to remove links to “outdated” or “irrelevant” information about an individual has brought EU data privacy laws to the forefront of public...more

Investment Management Update

In July 2014, the SEC settled the previously reported proceeding involving Chariot Advisors, and its former owner, Elliott Shifman, concerning charges of violating and aiding and abetting the violation of Section 15(c) of the...more

Banking & Financial Services E-Note

In This Issue: - 70 Countries Agree to Share Bank Information in Tax Evasion Probe - Financial Industry Pushes Back Against Proposed ERISA Requirements - Federal Reserve Proposes Tougher Stress Tests for...more

Data Privacy Law in the UK, Part I: An Introduction for U.S. Employers

The recent high-profile decision by the European Court of Justice involving Google has highlighted the existence of stringent data privacy laws in the European Union (EU). However, although the Google decision was...more

The New China and Your Company's Intellectual Property

The Chinese economy has changed dramatically in the past two, five, and even 20 years, but its intellectual property (IP) laws have only very recently developed to somewhat better deal with the new reality. The new Chinese...more

Availability of Non-Immigrant Visa Appointments in Canada Extremely Limited During Summer Months

The U.S. Department of State recently announced that due to increasingly heavy demand by Canada-based visa applicants, the seven U.S. visa processing posts in Canada are extremely limited in their ability to accept Third...more

Potential West Coast Port Labor Disruptions Loom Large for Importers and Exporters, Including Those of FDA-Regulated Products

On July 1st, the contract between the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime Association (PMA) officially expired, increasing the potential of a work stoppage and cargo disruption at West...more

How A Failure to Set Tone-at-the-Top Led to a Fractured Vertebra

What does ‘Tone-at-the-Top’ mean to any anti-bribery or anti-corruption program? Conversely, what if management says to do the right thing but only judges employees on their sales; what is the message that only ‘Talking The...more

Significant Changes to South African Immigration

The Critical Skills Work Visa is a newly introduced category which will replace the Quota and Exceptional Skills work permits. The role must be listed on the current Critical Skills list, and the applicant must obtain written...more

Employment Law Commentary -- Volume 26, Issue June 2014 -- Protecting Trade Secrets Globally: Comparing The U.S. And EU

International attention to misappropriation of trade secrets has never been at a higher level. In early May 2014, a U.S. federal grand jury indicted several Chinese military officials for allegedly misappropriating trade...more

The Network News

Fraud Index Released-Startling Findings - A survey of more than 1,400 organizations worldwide revealed startling 4th quarter results on fraud trends for 2013. The Fraud Reporting Percentage (FRP), which measures fraud...more

Protecting your intangible assets

The beginning of summer marks the start of a new chapter for both recent graduates looking for work and the businesses looking to hire them. But before you dive into that growing pile of resumes on your desk, take a...more

Summer working hours in the GCC

With summer now upon us and the temperature and humidity continuing to rise, the annual summer time working hours restrictions will soon be implemented in the UAE, the Kingdom of Saudi Arabia and Qatar, having already taken...more

Top 10 Pitfalls in Managing Employment Contracts as You Go Global

The CEO of an emerging growth company called me a while ago, a bit shocked after having seen the employment contracts that had just been issued to a couple of new hires in Hong Kong. “How could they be longer than mine!? ...more

IRS Issues Revenue Ruling on Applicability of Section 457A to Options and Stock Appreciation Rights

On June 10, 2014, the IRS issued Revenue Ruling 2014-18, which holds that nonqualified stock options, as well as stock-settled stock appreciation rights (SARs), do not constitute nonqualified deferred compensation subject to...more

IRS Ruling Allows Tax-Deferred Stock Rights for Fund Managers

Section 457A of the Internal Revenue Code (the Code) generally restricts the ability of offshore funds and other entities domiciled in tax-indifferent jurisdictions to offer tax-advantaged deferred compensation to U.S....more

An Event That Changed the World and Fostering Compliance Leadership – Part I

This coming Saturday, June 28th, is the 100th anniversary of most probably the single most momentous event of the 20th century; the assassination of Archduke Ferdinand and his wife Sophie in Sarajevo, then located in the...more

The Plaintiff Who Knew Too Much: First Circuit Dismisses Effort to Toll Statute of Limitations

On June 3, 2014, the First Circuit affirmed the dismissal of a putative class action filed by a group of former workers in a French luggage factory against Bain Capital, LLC in the District of Massachusetts. The case...more

If You See Something, Say Something, But Maybe Only To The SEC

A debate has been raging in the courts over whether an employee who reports suspected misconduct only to his employer but not to the U.S. Securities and Exchange Commission (“SEC”) is a “whistleblower” entitled to the...more

Government to Remove Rules Preventing Short-Term Renting of Residential Properties in London

The rules were introduced by the Greater London Council (General Powers) Act 1973 (and amended by the Greater London Council (General Powers) Act 1983). Under these Acts, use as temporary sleeping accommodation in exchange...more

First Circuit Rejects Equitable Tolling In Class Action Arising Out Of Plant Closing

A luggage plant in France closes in 2007, so a class action suit for French post-termination benefits is brought against a former investor in Massachusetts in late 2011? Former Justice Souter joins the majority in the First...more

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