Dentons

CMA issues the final rules governing foreign investment in listed shares

The Capital Market Authority of Saudi Arabia (CMA) has published on its website this week the final rules governing investment by qualified foreign investors (QFIs) in listed shares (the Final Rules). The Final Rules are issued…more

CMA, Final Rules, Foreign Investment, QFI, Saudi Arabia

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New Rules on Investment Promotion in Azerbaijan

On 18 January 2016 the President of the Republic of Azerbaijan signed a Decree On additional measures in connection with the promotion of investments…more

Azerbaijan, Investment Opportunities, Tariffs, Tax Code, VAT

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Promise Delivered, Details to Follow...

The Extractive Sector Transparency Measures Act (the Act) was proclaimed in force by the Government of Canada on June 1, 2015. As a result, Canada has joined the ranks of the EU, UK and US in promoting transparency and…more

Canada, Energy Sector, EU, Financial Reporting, Mineral Extraction

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Supreme Court affirms government contractors qualified immunity

In a 6-3 decision issued on January 20, the Supreme Court affirmed in Campbell-Ewald Co. v. Gomez, No. 14-857, that federal government contractors are immune from litigation and liability if their work complies with federal…more

Article III, Campbell Ewald v Gomez, Mootness, SCOTUS, Sovereign Immunity

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Technological Change and Economic Growth

Google, Facebook, Twitter, WhatsApp, Zynga, Airbnb, Uber etc etc. These are all companies that have come from nowhere and are now market leaders in an increasingly mobile and digital world. They have built their brands and…more

Africa, AirBnB, E-Commerce, Facebook, Global Economy

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California orders aggressive reduction targets for green house gas emissions

California Governor Jerry Brown has issued a new Executive Order establishing a suite of statewide climate change policies, including one of the most aggressive emission reduction targets ever enacted in North America—reducing…more

CEQA, Climate Change, Electric Generation Suppliers, Energy Projects, Energy Sector

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IREG Update - FHFA cuts off FHLB access to captives

FHFA cuts off FHLB access to captives - After considering input received in more than 1,300 comment letters submitted in response to a proposed rule issued in 2014, the Federal Housing Finance Agency (FHFA) issued its final…more

AIG, Anthem Blue Cross, Banking Sector, Captive Insurance Company, Casualty Insurance

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Saudi Arabia Update - January 2016

Legal Developments - Labor Law – weekends are not part of annual leave - The Saudi Arabian Labor Law provides that employees shall be entitled to 21 days of paid leave annually, to be increased to 25 days upon…more

Banking Sector, Criminal Investigations, Dispute Resolution, Ministry of Labour, Saudi Arabia

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Construction Briefing - Legal changes affecting construction businesses from 1 October 2015

1 October 2015 ushers in a number of legal changes which affect construction businesses operating in the UK. We have provided brief highlights of some of the changes below. If you need further information, please contact us…more

Amended Regulation, Board of Directors, Commercial Bankruptcy, Construction Industry, Consumer Financial Contracts

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The Oman Update - Official Gazette 1133

Sultani Decrees - Sultani Decree No. 4/2016 Amending SD 47/2015 Appointing Members of the Majlis Al Dawla (State Council). Issued on 28 January 2016. Effective as of the effective date of SD 47/2015…more

New Legislation, Oman

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Kazakhstan’s accession to the WTO: new local content requirements

On 9 November 2015, in connection with Kazakhstan’s accession to the WTO, amendments to the subsoil use legislation made came into force and significantly altered the existing local content requirements. We summarize below the…more

Kazakhstan, Mineral Exploration, Subsoil, WTO

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Recent Czech Supreme Court Decisions: Twilight of Secured Creditors?

The Czech Supreme Court recently issued two decisions having significant impact on the position of secured creditors (i.e. generally financial institutions) within insolvency proceedings. Both decisions stem from one of the…more

Banks, Creditors, Czech Republic, Financial Institutions, Insolvency

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Access to Capital for Small Businesses: SEC Adopts Final Rules to Implement "Regulation A+" Offering Exemption Under the JOBS Act

The new Regulation A offering exemption, which the SEC recently adopted under Title IV of the JOBS Act, has taken effect. The new rules, also known as “Regulation A+,” permit unregistered public offerings of up to US$50 million…more

Capital Formation, Final Rules, JOBS Act, Regulation A, SEC

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Adoption Of Bill 70 Amending The Mining Act: Overview Of Amendments

After several failed attempts at reforming the Mining Act, on December 10, 2013 the National Assembly finally adopted Bill 70, An Act to amend the Mining Act (“Bill 70”). Bill 70 draws upon a number of the measures that…more

Canada, Environmental Assessments, Environmental Policies, Mineral Rights, Minerals

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Non competition after termination covenants in Spain

Non-competition after termination covenants (also known as non-compete clauses) are one of the most common provisions incorporated into labor contracts in Spain, particularly in the case of senior managers’ special employment…more

Contract Terms, Non-Compete Agreements, Non-Solicitation Agreements, Spain, Termination Clauses

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Europe Under Review: Part 5 Of 8 – Data Security

In the fifth instalment of our “Europe under Review” series, we will look at current data privacy laws and best practice in the UK in relation to data security, and, briefly, the impact of the new Data Protection Regulation…more

Audits, Cybersecurity, Data Breach, Data Processors, Data Protection

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Recast Insolvency Regulation: New Rules and Focus on Cross-Border Restructuring

On 20 May 2015 the recast EC Regulation on Insolvency Proceedings (2015/848) (Recast Regulation) was adopted and will apply to insolvency proceedings opened after 26 June 2017 in Member States (other than Denmark). Broader in…more

Banking Sector, EU, Financial Institutions, Insolvency, Member State

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Québec: Adoption of Bill 55: An Act respecting transparency measures in the mining, oil and gas industries

The Québec National Assembly adopted Bill 55: An Act respecting transparency measures in the mining, oil and gas industries[1] recently. Bill 55 came into force on October 21, 2015. The content of Bill 55 was summarized in our…more

Canada, Energy Exploration, Energy Sector, Mining, Oil & Gas

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The Small Business, Enterprise and Employment Act 2015: Restructuring and Insolvency

Following Parliamentary approval in March 2015, this Implementation Timetable sets out the key dates and changes which have been published to date on the insolvency provisions of the Small Business, Enterprise and Employment…more

Board of Directors, Companies Act, Corporate Dissolution, Debt Restructuring, Insolvency

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Briefing on Russia Data Localisation Law

Russia has, today, implemented a Data Localisation Law. It requires information about Russian citizens to be stored in Russia and many businesses are concerned about how best to comply. There has also been some recent guidance…more

Data Localisation Law, New Regulations, Personal Data, Russia

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Alberta announces Petrochemicals Diversification Program

On February 1, 2016, the Alberta government announced a new initiative to encourage the upgrading of methane and propane in the province, called the Petrochemicals Diversification Program (PDP). Details of the PDP were issued on…more

Canada, Energy Projects, Gas Royalties, Oil & Gas

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Application for an extension of time for service of the claim form – a risk worth taking?

The case of Medhi Khosravi v. British American Tobacco PLC [2016] EWHC 123 (QB) concerned an application for an extension of time for service of the claim form and particulars. Sir David Eady, sitting as a High Court judge,…more

Service of Process, Time Extensions, Tobacco Litigation

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Practical questions persist on zonal planning proposal

This month's Fixing the Foundations 'productivity plan' commits the government to 'an urban planning revolution on brownfield sites'. Ministers have already pledged to create a register of brownfield land suitable for…more

Brownfield Properties, Infrastructure, Real Estate Development, UK, Urban Planning & Development

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VW Group – A Storm in a Teacup?

We've all seen a lot of media coverage about the 1.2 million Volkswagen/Audi/Seat/Skoda vehicles sold in the United Kingdom that are fitted with "defeat" software and the storm clouds are brewing. But the reality is that nobody…more

Auto Manufacturers, Car Dealerships, Class Action, Germany, Product Defects

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Canadian Coalition For Good Governance Releases 2013 Executive Compensation Principles

The Canadian Coalition for Good Governance (“CCGG”) recently released its 2013 Executive Compensation Principles (the “2013 Principles”), replacing the previous version originally published in 2009. The original principles were…more

Corporate Governance, Equity Plans, Executive Compensation, Pay-for-Performance, Risk Management

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California Court of Appeal affirms vitality of California’s Right to Repair Act (SB 800) against construction defect claims

The California Court of Appeal, Fifth District, issued a published opinion last week holding that California’s Right to Repair Act (Act, commonly known in the homebuilding industry as SB 800, applies to all claims by homeowners…more

Breach of Warranty, Construction Defects, Construction Industry, Contractors, General Contractors

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The Small Business, Enterprise and Employment Act - Corporate restructuring and insolvency changes come into effect

Four important changes to the Insolvency Act 1986 (IA86) will come into force this week (26 May 2015). They do so without transitional provisions and so will apply automatically to existing corporate insolvency proceedings…more

Commercial Bankruptcy, Creditors, Insolvency, Small Business, Small Business Enterprise and Employment Act

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Supreme Court affirms government contractors qualified immunity

In a 6-3 decision issued on January 20, the Supreme Court affirmed in Campbell-Ewald Co. v. Gomez, No. 14-857, that federal government contractors are immune from litigation and liability if their work complies with federal…more

Article III, Campbell Ewald v Gomez, Mootness, SCOTUS, Sovereign Immunity

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IRS extends deadlines for ACA reporting

Added by the ACA, Sections 6055 and 6056 of the Internal Revenue Code (Code) impose new information reporting obligations on providers of health care coverage. In general, insurers and self-insured employers providing minimum…more

Affordable Care Act, Filing Deadlines, IRS, Reporting Requirements, Tax Returns

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Annulment of the European Commission´s decision regarding the former "Spanish tax lease structure" - EU General Court Decision: the decision of the European Commission on the illegality of the former "Spanish tax lease structure" is annulled

Background - On December 17, 2015 the EU General Court of Justice (EUGC) pronounced on appeals of joined matters T-515/13 Kingdom of Spain vs Commission and T-719/13 Lico Leasing, S.A., E.F.C. and Pequeños y Medianos…more

Commercial Leases, Debt Securities, EU, International Tax Issues, Spain

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TPP News Update

On November 5, 2015, the text of the groundbreaking TPP Agreement was released. This historic trade agreement was reached last month between 12 Pacific Rim countries…more

International Trade Agreements, Trans-Pacific Partnership, US Trade Policies

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SEC Adopts Pay Ratio Rule

The US Securities and Exchange Commission (SEC) has adopted a final rule to implement the requirement of Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) that public companies…more

CEOs, Cost-of-Living, Disclosure Requirements, Dodd-Frank, Executive Compensation

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Partnering with nonprovider sites: Tips to keep in mind

Provided applicable requirements are met, the Medicare program reimburses teaching hospitals for resident training that occurs both at the hospital itself and at clinical nonprovider locations, including, for example,…more

Affordable Care Act, Graduate Medical Education, Medicare, Reimbursements, Teaching Hospitals

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Is cybersecurity insurance a fad? Or, what do I need to know?

Let’s get to the bottom line. Cybersecurity insurance is neither a fad, nor an issue for e-commerce platforms only. Instead, for most retail organizations, cybersecurity insurance will be an important part of the retail…more

Cyber Insurance, Cybersecurity, Retailers, Risk Management

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Upcoming Changes in Québec Public Procurements

On November 11, 2015, the Québec Government announced a Draft Regulation to amend the implementing regulations of the Act Respecting Contracting by Public Bodies with respect to supply contracts, service contracts and…more

Canada, Comment Period, Construction Industry, Public Procurement Policies, Supply Contracts

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UK Corporate Briefing Winter 2016

Welcome to the first 2016 edition of Dentons’ UK Corporate Briefing, a quarterly summary of the most significant recent and forthcoming developments in company law and corporate finance regulation in the UK. Please see full…more

Companies Act, Disclosure Requirements, Fiduciary Duty, Person of Significant Control (PSC Register), UK

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California Toughens Equal Pay Law

California employers may no longer pay employees of one sex less than employees of the opposite sex for substantially similar work. This is because, earlier this month, Governor Jerry Brown signed Senate Bill No. 358, the Fair…more

Anti-Pay Secrecy, Confidential Information, Employee Rights, Employment Policies, Equal Pay

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11th Circuit to decide whether construction defect notice under Florida repair statute is a “suit”

Recently, the United States District Court for the Southern District of Florida addressed what constitutes a “suit” within the context of Florida’s right-to-repair procedure for construction defect disputes. In Altman…more

Commercial General Liability Policies, Construction Defects, Construction Disputes, Construction Industry, Contractors

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Public Private Partnerships in Dubai – a new law

On 20 September 2015, the Government of Dubai issued a new law (Law No.22 of 2015) creating the legal framework for greater collaboration and contractual partnership between the public and private sectors in respect of major…more

Contracting Procedures, Dubai, EPC Contractor, Government Contractors, Public Private Partnerships (P3s)

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Georgia Legislative Session preview

Dentons’ State Government Affairs team examines a battery of local third-rail issues on tap when the Georgia General Assembly convenes January 11. We look at expanded rail service in Atlanta, balancing religious freedom,…more

Breweries, Casinos, General Assembly, High-Speed Rail, Medicaid Expansion

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Supreme Court of Canada considers Limitation Period for Secondary Market Securities Class Actions

On December 4, 2015, the Supreme Court of Canada released its highly anticipated decision in a trilogy of shareholder class actions under the secondary market liability provisions of the Ontario Securities Act (the “OSA”). At…more

Canada, Class Action, Limitation Periods, Ontario Securities Act, Secondary Markets

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Recent Amendments to the Goods and Services Tax/Harmonized Sales Tax (GST/HST)

Section 156 election for closely-related parties - As the last quarter of 2015 approaches, it is important for advisors and registrants to be aware of the new requirement to file elections in respect of any previously-made…more

Canada, Canada Revenue Agency (CRA), Corporate Taxes, Excise Tax, Filing Requirements

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Procurement update: Flexibility for public sector development agreements?

The recent case of Edenred (UK Group) Ltd v Her Majesty's Treasury & Ors [2015] UKSC provides useful guidance on the issue of "material change" and highlights the importance of preparing a full and clear specification prior to…more

B2B Transactions, Development Agreements, Government Contractors, Material Change Doctrine, Outsourcing

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Your Partners Are Not Your Employees: Supreme Court Of Canada Clarifies The Application Of The Control/Dependency Test

In 2009, John McCormick, an equity partner in the law firm Fasken Martineau DuMoulin LLP (the “Firm”) filed a complaint with the British Columbia Human Rights Tribunal, alleging the Firm’s requirement that equity partners retire…more

Age Discrimination, Discrimination, Employee Rights, Employer Liability Issues, Law Firm Partners

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IREG Update - FHFA cuts off FHLB access to captives

FHFA cuts off FHLB access to captives - After considering input received in more than 1,300 comment letters submitted in response to a proposed rule issued in 2014, the Federal Housing Finance Agency (FHFA) issued its final…more

AIG, Anthem Blue Cross, Banking Sector, Captive Insurance Company, Casualty Insurance

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SEC Adopts Pay Ratio Rule

The US Securities and Exchange Commission (SEC) has adopted a final rule to implement the requirement of Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) that public companies…more

CEOs, Cost-of-Living, Disclosure Requirements, Dodd-Frank, Executive Compensation

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IREG Update - FHFA cuts off FHLB access to captives

FHFA cuts off FHLB access to captives - After considering input received in more than 1,300 comment letters submitted in response to a proposed rule issued in 2014, the Federal Housing Finance Agency (FHFA) issued its final…more

AIG, Anthem Blue Cross, Banking Sector, Captive Insurance Company, Casualty Insurance

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EEOC seeks to bolster pay discrimination prohibitions via new requirement for large employers to disclose pay data

On January 29, 2016, the US Equal Employment Opportunity Commission (EEOC) made public a proposed revision to the Employer Information Report (EEO-1), required of federal contractors having 50 or more employees and all employers…more

EEO-1, EEOC, Equal Pay, Lilly Ledbetter, Reporting Requirements

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New UAE Commercial Companies Law: Key Developments

Following the publication of the new Federal Law (No.2 of 2015), the new Commercial Companies Law (NCCL), in the Federal Gazette in March 2015, the NCCL comes into effect today. While the NCCL replaces the previous…more

Amended Regulation, Commercial Companies Law, UAE

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Focus On Cleantech | Climate Change - February 2013: Greenhouse Gas Emissions Reduction In Ontario: A Discussion Paper From The Provincial Government

On January 21, 2013, the Ontario Ministry of the Environment posted a discussion paper regarding greenhouse gas (GHG) emissions reduction in Ontario, eliciting public input in the development of the Ministry’s GHG reduction…more

Cap-and-Trade, Clean Tech, Climate Change, Greenhouse Gas Emissions

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Employment Law Round-up

In this edition we will be taking a look at the issues that are likely to be affecting employers in 2016, starting with a round-up of the cases to watch out for which will affect redundancy consultation processes, the extent of…more

Collective Redundancy Consultations, Data Controller, UK, UK Employment Appeal Tribunal, Whistleblower Protection Policies

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UPDATE: Zungui Class Action Settlements Against Remaining Defendants Approved By Court

On August 27, 2013, Justice Perell released his decision (2013 ONSC 5490) approving three settlements valued at $10.85 million, bringing the class action against Zungui Haixi Corp. (“Zungui”) and others to a close. Under the…more

Canada, Class Action, Investors, Settlement, Shareholder Litigation

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The Supreme Court's take on Kirtsaeng II will impact attorneys' fees decisions in copyright matters

The landmark copyright case Kirtsaeng v. John Wiley & Sons is back before the US Supreme Court, this time on the issue of the appropriate standard for determining whether to award attorneys’ fees to a prevailing party. Whatever…more

Attorney's Fees, Copyright, Costco, Kirtsaeng v. John Wiley & Sons, Octane Fitness v. ICON

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Limiting Antibiotic Use in Animals: How States are Taking Charge

After decades of discussion by the US Food and Drug Administration about how and when to best manage the use of antibiotics in animals, recent legislation in California demonstrates that some states have decided to move forward…more

Animal Drugs, Antibiotics, Food Supply, Legislative Agendas, USDA

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Annulment of the European Commission´s decision regarding the former "Spanish tax lease structure" - EU General Court Decision: the decision of the European Commission on the illegality of the former "Spanish tax lease structure" is annulled

Background - On December 17, 2015 the EU General Court of Justice (EUGC) pronounced on appeals of joined matters T-515/13 Kingdom of Spain vs Commission and T-719/13 Lico Leasing, S.A., E.F.C. and Pequeños y Medianos…more

Commercial Leases, Debt Securities, EU, International Tax Issues, Spain

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Tips For Meeting The Evolving Standard For Indefiniteness

The U.S. Supreme Court reigned in the Federal Circuit’s indefiniteness standard for patent claims almost a year ago in Nautilus Inc. v. Biosig Instruments Inc. Recently, on April 27, 2015, the Federal Circuit revisited the issue…more

Algorithms, Amazon, AOL, Claim Construction, DDR Holdings v Hotels.com

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EU-US Data Flows: Bridging the Cultural Divide?

After four years of negotiations, the EU and US have reached an agreement that will protect EU citizens’ personal data when shared for law enforcement purposes. The “Umbrella Agreement” covers all personal data (e.g. names,…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Data-Sharing

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Dubai launches new design and e-commerce hubs

A cornerstone of Dubai's success in attracting businesses and encouraging growth across a diverse range of sectors has been the continued establishment of free zones. These special economic zones offer business-friendly…more

Business Development, Dubai, E-Commerce, Fashion Industry, Tax Exemptions

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New tax incentives for the R&D sector in Poland

On October 16, 2015, the President of Poland signed Amendments to Certain Acts Related to Supporting Innovation Act of September 25, 2015. We devoted one of our previous alerts to this amendment bill. However, the final wording…more

Amended Legislation, Emerging Technology Companies, Innovation, Poland, R&D

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Privacy and Security Guidance: Cloud Computing in the MUSH Sector

I. Purpose of this Guidance Document and How to Apply - This document is intended to be used by decision makers in the MUSH Sector when considering using cloud services…more

Canada, Cloud Computing, Due Diligence, Encryption, Hospitals

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Pennsylvania: Public policy prevents punitive damages from being recoverable as compensable damages in bad faith or breach of contract action against insurer

In an issue of first impression, the Third Circuit Court of Appeals held that punitive damages awarded against an insured in a prior personal injury suit are not recoverable as compensable damages in a later breach of contract…more

Auto Insurance, Bad Faith, First Impression, Personally Identifiable Information, Punitive Damages

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Rule changes affecting the Georgia Government Transparency and Campaign Finance Act

At the December 15, 2015 meeting, the Georgia Government Transparency and Campaign Finance Commission (Commission) approved several changes to Commission rules interpreting the Georgia Government Transparency and Campaign…more

Campaign Finance Reform, General Elections, Lobbyists

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Federal court in Florida provides helpful case study in insurance “choice of law” tactics

The Southern District of Florida recently issued an opinion that addresses some rarely discussed nuances of insurance choice of law disputes. Sun Capital Partners, Inc. v. Twin City Fire Ins. Co., No. 12-CV-81397, 2015 WL…more

Choice-of-Law, Discovery, Excess Policies, Insurance Industry, Insurance Litigation

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Pennsylvania: Public policy prevents punitive damages from being recoverable as compensable damages in bad faith or breach of contract action against insurer

In an issue of first impression, the Third Circuit Court of Appeals held that punitive damages awarded against an insured in a prior personal injury suit are not recoverable as compensable damages in a later breach of contract…more

Auto Insurance, Bad Faith, First Impression, Personally Identifiable Information, Punitive Damages

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Legal and regulatory update

Consumer Rights Act - The main provisions of the Consumer Rights Act relating to goods, digital content, services and unfair contract terms and notices came into force on 1 October 2015. …more

Contract Terms, Employer Liability Issues, Employment Contract, European Court of Justice (ECJ), Holiday Pay

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Agency employment in the Czech Republic

When pursuing business activities in the Czech Republic, companies often use, in addition to their regular employees, services provided by employment agencies that provide their own employees to them. Agency employment…more

Czech Republic, Hiring & Firing, Staffing Agencies

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California Court of Appeal affirms vitality of California’s Right to Repair Act (SB 800) against construction defect claims

The California Court of Appeal, Fifth District, issued a published opinion last week holding that California’s Right to Repair Act (Act, commonly known in the homebuilding industry as SB 800, applies to all claims by homeowners…more

Breach of Warranty, Construction Defects, Construction Industry, Contractors, General Contractors

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Oh Canada - Significant Developments In Canadian Energy: February 2013

In This Issue: - Oil Sands News - East Coast News - West Coast News - Canadian Arctic News - Alternative Energy News - On the Horizon - Abbreviations - Excerpt from Oil Sands News: Enbridge…more

Canada, Energy Exploration, Licenses, Pipelines, Renewable Energy

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IREG Update

Cybersecurity and the Insurance industry - Cybersecurity is quickly emerging as a top policy issue for insurance regulators. Speaking at a Dow Jones Risk & Compliance forum last week, on April 21, 2015, New York…more

Annuities, Broker-Dealer, Cybersecurity, Elizabeth Warren, Financial Institutions

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The Small Business, Enterprise and Employment Act - Corporate restructuring and insolvency changes come into effect

Four important changes to the Insolvency Act 1986 (IA86) will come into force this week (26 May 2015). They do so without transitional provisions and so will apply automatically to existing corporate insolvency proceedings…more

Commercial Bankruptcy, Creditors, Insolvency, Small Business, Small Business Enterprise and Employment Act

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USPTO publishes a midyear supplementary update to interim guidance on subject matter eligibility

On July 30, 2015, the United States Patent and Trademark Office (USPTO) published a midyear update to the 2014 Interim Guidance on Subject Matter Eligibility (IEG). While, the IEG sheds a little more light on the topic, the IEG…more

CAFC, Guidance Update, Patent Examinations, Patent-Eligible Subject Matter, Patents

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New Health and Safety Sentencing Guideline comes into Force

The definitive guideline on Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences (the Guideline) was published on 3 November 2015 and comes into force for all matters sentenced on or after 1…more

Corporate Fines, Criminal Prosecution, Federal Sentencing Guidelines, Food Manufacturers, Health & Safety Standard

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CMS approves $25 billion California Medi-Cal 2020 Demonstration Project

On December 30, 2015, the Centers for Medicare and Medicaid Services (CMS) approved a new Section 1115 Demonstration Project for California which could total $24.8 billion over a five year period to serve the uninsured and…more

CMS, Health Care Providers, Health Insurance, Medi-Cal

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Pensions in 2016

It is becoming a truism that in pensions each year is more interesting than the last. Interesting for lawyers that is as more and more layers are added to UK pension regulation…more

Benefit Plan Sponsors, Pension Schemes, Tax Revenues, UK

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Québec: Adoption of Bill 55: An Act respecting transparency measures in the mining, oil and gas industries

The Québec National Assembly adopted Bill 55: An Act respecting transparency measures in the mining, oil and gas industries[1] recently. Bill 55 came into force on October 21, 2015. The content of Bill 55 was summarized in our…more

Canada, Energy Exploration, Energy Sector, Mining, Oil & Gas

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OAS Chapter 15 decision sheds new light on cross-border insolvency practice, but may add complexity to financial institutions' global credit risk management

In an interesting decision with important implications for both Chapter 15 practice and financial institutions’ global credit risk analyses, a US Chapter 15 court (the “Court”) granted recognition of a number of Brazilian…more

Austria, Basel III, Brazil, British Virgin Islands, Chapter 15

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The Carbon Challenge - How emission reduction schemes may affect property lenders

Commercial property is now subject to a range of EU-wide and UK domestic law aimed at reducing carbon emissions. These laws raise important questions for those lending against property…more

Carbon Emissions, Energy Efficiency, EU, Renewable Energy, Solar Energy

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Netflix’s Apparent Crackdown on Geoblock Circumventers

Recent reports indicate that Netflix may be cracking down on the use of virtual private networks (VPN) and similar mechanisms to log into Netflix. While VPNs provide enhanced network security, they are commonly used by Netflix…more

Canada, Netflix, Virtual Private Networks

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Important changes to the Ontario Personal Property Security Act

The Ontario Personal Property Security Act (“PPSA”) regulates the creation and registration of security interests in personal property in Ontario. Amendments to the PPSA, having important practice implications, are underway…more

Canada, Debtors, Personal Property Security Act, Secured Debt

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Modern Slavery Act 2015 - Supply Chain Transparency – new legal duties now in force

The Modern Slavery Act 2015 (MSA) has introduced a new obligation on businesses to report what they are doing to combat slavery and human trafficking…more

Chief Compliance Officers, Disclosure Requirements, Human Trafficking, Modern Slavery Act, Supply Chain

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Limiting Antibiotic Use in Animals: How States are Taking Charge

After decades of discussion by the US Food and Drug Administration about how and when to best manage the use of antibiotics in animals, recent legislation in California demonstrates that some states have decided to move forward…more

Animal Drugs, Antibiotics, Food Supply, Legislative Agendas, USDA

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A treaty, not local law, likely governs a dispute arising out of the sale of goods internationally

In 1988, the United States and 10 other countries ratified the United Nations Convention on Contracts for the International Sale of Goods (CISG), which is sometimes referred to as the Vienna Convention. Since then CISG has been…more

Article 9, Contract Disputes, International Sales, UCC, United Nations

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Inter partes review passes constitutional muster

Last week, the US Court of Appeals for the Federal Circuit (Federal Circuit) held that a final written decision from the Patent Trial and Appeal Board (Board) does not violate Article III or the Seventh Amendment of the US…more

America Invents Act, Article III, Inter Partes Review Proceedings, Patent Trial and Appeal Board, Patents

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TCC: Unpaid Dividend Refund Is Not a Refund

A pair of recent Tax Court of Canada judgments highlight the unsustainable position taken by the CRA that a statute-barred dividend refund that cannot be recovered by the taxpayer nonetheless reduces taxpayer’s “refundable…more

Canada, Dividends, Tax Court

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Employment Law Round-up

In this edition we will be taking a look at the issues that are likely to be affecting employers in 2016, starting with a round-up of the cases to watch out for which will affect redundancy consultation processes, the extent of…more

Collective Redundancy Consultations, Data Controller, UK, UK Employment Appeal Tribunal, Whistleblower Protection Policies

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The Carbon Challenge - How emission reduction schemes may affect property lenders

Commercial property is now subject to a range of EU-wide and UK domestic law aimed at reducing carbon emissions. These laws raise important questions for those lending against property…more

Carbon Emissions, Energy Efficiency, EU, Renewable Energy, Solar Energy

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The Arbitration Court declares it legal to deduct license fees for use of trademarks

The Arbitration Court declares it legal to deduct license fees for use of trademarks - The Moscow Arbitration Court rendered the Decision of December 31, 2015 on case No. ?40-153860/15. The case was essentially about the…more

Arbitration, Fees, License Agreements, Russia, Trademarks

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Canadian Securities Administrators Publish Model Provincial Rules – Derivatives: Product Determination And Trade Repositories And Derivatives Data Reporting

I. INTRODUCTION - On December 6, 2012, the Canadian Securities Administrators OTC Derivatives Committee (the “Committee”) published model provincial rules for a sixty (60) day comment period. The model rules include: -…more

Canadian Securities Administration, Data Repositories, Derivatives, OTC

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California Court of Appeal holds certain class action waivers may be unenforceable

Class action waivers have become common in consumer contracts, including sales agreements to purchase newly constructed residences and employment agreements, which may also contain arbitration clauses. After last year’s…more

CA Supreme Court, Class Action Arbitration Waivers, Consumer Financial Contracts, Employment Contract, Federal Arbitration Act

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New executive order mandates paid sick leave for federal contractors

On Labor Day, President Obama signed a new executive order (EO) that will require covered government contractors and subcontractors to provide, as a condition of payment on the contract, paid leave to employees who are sick,…more

Barack Obama, DOL, Executive Orders, Federal Contractors, Paid Leave

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