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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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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Former Abu Ghraib Detainees Appeal Political Question Dismissal of Suit Against War-Zone Contractor

Iraqi citizens who claim that they were abused by civilian government contractor employees who helped the US military interrogate detainees at Abu Ghraib prison following the US invasion in 2003 are appealing a federal district…more

Alien Tort Statute, Appeals, Defense Sector, Detainees, Dismissals

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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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Saudi Arabia update - August 2015

Legal Developments - Expatriate Workers Restricted from Certain Job Categories - As part of Saudi Arabia’s ongoing Saudization campaign, the Ministry of Labor (MoL) identified this month 19 jobs that are restricted to…more

Capital Markets, Classification, Expatriates, Financial Markets, Goldman Sachs

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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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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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Bill 55 Tabled Before the Québec National Assembly - An overview regarding transparency measures in the mining, oil and gas industries

On June 11, 2015, the Government of Québec tabled Bill 55: An Act respecting transparency measures in the mining, oil and gas industries (the Bill) before the National Assembly. The purpose of Bill 55 is to impose transparency…more

Energy Sector, Mining, Oil & Gas, Pending Legislation, Public Hearing

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The Small Business, Enterprise and Employment Act - When will the insolvency-related provisions come into force?

Following Parliamentary approval in March 2015, there has been a level of uncertainty around the implementation timeline for certain company law and insolvency provisions. In particular, many of the changes to the Insolvency Act…more

Commercial Bankruptcy, Creditors, Insolvency, Liquidation, Small Business

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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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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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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 allows construction defect class action to proceed against homebuilders

In an unpublished decision on August 19, the California Court of Appeal, Fourth District, reinstated a class action asserting construction defect claims against a nationwide homebuilder. The case is located at 2015 WL 4940630,…more

Class Action, Construction Defects, Construction Industry, Construction Project, 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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Former Abu Ghraib Detainees Appeal Political Question Dismissal of Suit Against War-Zone Contractor

Iraqi citizens who claim that they were abused by civilian government contractor employees who helped the US military interrogate detainees at Abu Ghraib prison following the US invasion in 2003 are appealing a federal district…more

Alien Tort Statute, Appeals, Defense Sector, Detainees, Dismissals

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Reauthorization of GSP may allow refund of two years of import duties

On June 29, 2015, almost two years after it was allowed to lapse, President Obama renewed the Generalized System of Preferences (GSP) trade program. GSP allows duty-free imports into the United States of qualifying goods from…more

Customs and Border Protection, Duty Free, GSP Regime, Imports, Obama Administration

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SEC Proposes Executive Compensation Claw-Back Rules

The US Securities and Exchange Commission has proposed rules that would require issuers listed on US stock exchanges to adopt and disclose a policy to recover, or “claw back”, certain incentive-based compensation. Recovery would…more

Clawbacks, Comment Period, Disclosure Requirements, Dodd-Frank, Executive Compensation

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Ontario Issues Guidance on Internet Publication

Ontario Municipalities Should Exercise Care in Publishing Personal Information - The Information and Privacy Commissioner of Ontario (IPC) has published new guidance entitled, Transparency, Privacy and the Internet:…more

Data Security, Internet, Ontario, Personally Identifiable Information, Prior Express Consent

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UK Corporate Briefing - Summer 2015

Legislation update - Bearer shares banned - The first of the corporate transparency provisions in the Small Business, Enterprise and Employment Act 2015 came into force on 26 May 2015 with the banning of share…more

Accounting, Accounting Standards, Clawbacks, Companies Act, Corporate Fines

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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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Court of Appeal Clarifies Directors’ Fiduciary Duties and the Business Judgment Rule for Executive Compensation Matters

The Court of Appeal for Ontario recently affirmed the nature of directors’ and officers’ fiduciary duties and clarified the application of the business judgment rule in the context of a dispute regarding executive compensation…more

Business Judgment Rule, Canada, Corporate Governance, Directors, Executive Compensation

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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 - August 2015 #2

Hot Topic: New York Emergency Medical Services and Surprise Bills Law - Earlier this year, New York’s Emergency Medical Services and Surprise Bills Law went into effect (the full text of the bill is available on the State…more

Affordable Care Act, Anthem Blue Cross, Cadillac Tax, CIGNA, Disclosure Requirements

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IREG Update - August 2015 #2

Hot Topic: New York Emergency Medical Services and Surprise Bills Law - Earlier this year, New York’s Emergency Medical Services and Surprise Bills Law went into effect (the full text of the bill is available on the State…more

Affordable Care Act, Anthem Blue Cross, Cadillac Tax, CIGNA, Disclosure Requirements

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Employers beware—US Department of Labor issues a shot across the bow to those using independent contractors

Does your business engage independent contractors? If so, the Wage and Hour Division (WHD) of the US Department of Labor (DOL) is putting you on notice that your business may be in the agency’s cross hairs. In a 15-page…more

Administrative Interpretation, Classification, DOL, Employee Definition, FLSA

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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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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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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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The slow death of EU forum shopping

Forum shopping (i.e. where businesses pick and choose the most privacy-friendly EU state to set up shop) has always been a somewhat unique side effect of EU data privacy law. Then last year saw the Google Spain case where the…more

Data Protection, EU, EU Data Protection Laws, Facebook, Forum Shopping

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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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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, Cloud-Based Services, Due Diligence, Encryption

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The Tenth Circuit rejects excess insurers’ implied duty to investigate and initiate settlement negotiations

Interpreting Oklahoma law, the US Court of Appeals for the Tenth Circuit recently held that the duty of good faith and fair dealing does not require that an excess insurer, unlike a primary insurer, affirmatively investigate the…more

Appeals, Commercial Insurance Policies, Covenant of Good Faith and Fair Dealing, Duty to Defend, Excess Policies

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Georgia Courts Reject Two Common Setup Tactics

In a recent decision, the Eleventh Circuit sought and then applied the Georgia Supreme Court’s answers to two certified questions about policyholder settlements made without the insurer’s consent. Piedmont Office Realty Trust,…more

Class Action, Commercial General Liability Policies, Consent, Contracts Clause, Excess Policies

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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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Medicaid managed care proposed rule seeks to align Medicaid with Medicare Advantage and Qualified Health Plans

On June 1, 2015, the US Centers for Medicare & Medicaid Services (CMS) published its proposed rule on Medicaid managed care (CMS-2390-P). According to CMS, one of the primary purposes of the proposed rule is to “align the rules…more

CMS, Health Care Providers, Healthcare, Managed Care Contracts, Medicaid

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The Budget comes but twice a year

One joy of UK Parliamentary democracy is watching the annual budget with its howling Government MPs, roaring Opposition MPs and ritual interventions of the Deputy Speaker to allow the Chancellor to finish off his speech…more

Consultation, Federal Budget, Income Taxes, Pensions, Retirement Plan

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Bill 55 Tabled Before the Québec National Assembly - An overview regarding transparency measures in the mining, oil and gas industries

On June 11, 2015, the Government of Québec tabled Bill 55: An Act respecting transparency measures in the mining, oil and gas industries (the Bill) before the National Assembly. The purpose of Bill 55 is to impose transparency…more

Energy Sector, Mining, Oil & Gas, Pending Legislation, Public Hearing

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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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EU Court of Justice rules on consequences for operators who understate emissions in a verified report

On April 29, 2015, the Court of Justice of the European Union (ECJ) gave its judgment concerning penalties for failing to surrender sufficient emission allowances under Article 16(3) of the EU Emissions Trading Scheme (EU ETS)…more

Carbon Emissions, Climate Change, ECJ, Emissions Trading System, EU ETS

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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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Identifying the likely beneficiaries of an emerging biosimilars market

Financial analysts have predicted that over the next five years, biosimilars will be a $10 billion market, so it is understandable why considerable attention and investment is being made in this space. However, while there is…more

Amgen, Biosimilars, FDA, Healthcare, Medicaid

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Federal Circuit's en banc decision in Akamai v. Limelight results in expansion of divided infringement

The US Court of Appeals for the Federal Circuit, sitting en banc, has expanded the scope of divided infringement (sometimes called joint or split infringement), a form of direct infringement in which the steps of a method claim…more

Akamai Technologies, Appeals, Direct Infringement, Divided Infringement, En Banc Review

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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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Why Paris will not be another Copenhagen

The road from Rio - Concerted international action to stabilize concentrations of greenhouse gases in the atmosphere at safe levels began with the agreement of the UN Framework Convention on Climate Change (UNFCCC) in Rio…more

Carbon Emissions, Climate Change, Commerzbank, Conservation, COP

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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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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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Financial Markets Disputes and Regulatory Update - Summer 2015 Issue 1

In This Issue: - What is worth remembering from the first half of 2015? - Judgments - so far this year… ..Jurisdiction for claims in relation to bearer bonds ..Exercise of contractual rights by purchaser…more

Barclays, BNY Mellon, Bonds, BSA/AML, Cayman Islands

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Daishowa-Marubeni: A Tree Fell In The Forest And The SCC Caught It!

In Daishowa-Marubeni International Ltd. v. The Queen, 2013 SCC 29, Justice Rothstein marries tax philosophy and tax practice by asking and answering the question: If a tree falls in the forest and you are not around to…more

Canada, Income Tax Act, Liability, Tax Liability, Tax Structuring

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Start-up Crowdfunding Exemption Adopted In Certain Canadian Jurisdictions

The Canadian Securities Administrators (“CSA”) and securities regulators of British Columbia, Saskatchewan, Manitoba, Quebec, New Brunswick and Nova Scotia (the “participating jurisdictions”), announced on May 14, 2015, the…more

Canada, Canadian Securities Administration, Crowdfunding, Financial Statements, Investors

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Federal Budget, Economic Action Plan 2013

On March 21, 2013, the Minister of Finance tabled the 2013 federal budget, Economic Action Plan 2013. There are announced changes which will be of particular interest to the mining sector…more

Canada, Capital Expenditures, Economic Action Plan, Federal Budget, Mineral Exploration

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UK Corporate Briefing - Summer 2015

Legislation update - Bearer shares banned - The first of the corporate transparency provisions in the Small Business, Enterprise and Employment Act 2015 came into force on 26 May 2015 with the banning of share…more

Accounting, Accounting Standards, Clawbacks, Companies Act, Corporate Fines

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Changes in Real Estate legislation, Q2 2015 - Overview of the most important changes for the second quarter of 2015 in Russian real estate legislation

Changes at the federal level - RF Federal Law ? 184-FZ “On Amendments to the RF Federal Law “On the State Real Estate Cadaster” and Article 6 of the RF Federal Law “On Special Economic Zones (SEZ) in the Russian Federation”…more

Amended Legislation, Appraisal, Building Codes, Commercial Property Owners, Commercial Real Estate Market

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Update regarding BE-10 report of US Direct Investment Abroad - Submission deadline extended to June 30, 2015, for "new" filers

On November 20, 2014, the Commerce Department's Bureau of Economic Analysis (BEA) issued its final rule regarding the requirement for US companies with investments via affiliates abroad to participate in the quinquennial…more

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International Arbitration - LCIA Guidance Notes

First Guidance Notes for Arbitrators, Parties and on Emergency Procedures - At the end of June 2015, the London Court of International Arbitration (the LCIA) issued three guidelines on arbitration - the LCIA Notes for…more

Arbitration, Arbitrators, International Arbitration, LCIA, New Guidance

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Identifying the likely beneficiaries of an emerging biosimilars market

Financial analysts have predicted that over the next five years, biosimilars will be a $10 billion market, so it is understandable why considerable attention and investment is being made in this space. However, while there is…more

Amgen, Biosimilars, FDA, Healthcare, Medicaid

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FCA's Competition Law Concurrency Guidance

Since 1 April 2015, the UK financial services community has awaited with some trepidation the use by the FCA of its new "concurrent competition law powers". These enable the FCA to investigate and sanction companies for…more

Competition, Competition Authorities, Consultation, EURIBOR, Financial Conduct Authority

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House Ways and Means Proposes to Turn IME Payments into a Fixed "Pool"

Before leaving for August recess, the House Ways and Means Committee released bill language that would, if passed, turn Medicare indirect medical education (IME) payments into a fixed pool rather than the current system of…more

Continuing Medical Education, Hospitals, Medicare, Pending Legislation

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Case Bulletin: R v Karigar, 2014 ONSC 3093

For the first time in Canada, an individual has been sentenced to jail time for bribing a foreign public official. The three-year penitentiary sentence was handed down by the Ontario Court of Justice under the Corruption of…more

Anti-Corruption, Bribery, Canada, CFPOA, Corruption

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It’s Back To The Future with the NLRB’s new “Joint Employer” standard

On August 27, 2015, the US National Labor Relations Board (NLRB or Board) issued its long awaited decision in Browning-Ferris Industries of California (Browning-Ferris) and, not surprisingly, returned employers to a pre-1984…more

"title, ADEA, Browning-Ferris Industries of California Inc., Canada, Collective Bargaining

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Leroux: CRA Owes Duty Of Care To Taxpayer

Can a Canadian taxpayer successfully sue the Canada Revenue Agency? - In recent years, taxpayers have brought a number of civil actions against the Canada Revenue Agency (the “CRA”). The allegations in such cases ranged…more

Canada, CRA, Extortion, Fraud, Negligence

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It’s Back To The Future with the NLRB’s new “Joint Employer” standard

On August 27, 2015, the US National Labor Relations Board (NLRB or Board) issued its long awaited decision in Browning-Ferris Industries of California (Browning-Ferris) and, not surprisingly, returned employers to a pre-1984…more

"title, ADEA, Browning-Ferris Industries of California Inc., Canada, Collective Bargaining

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Adoption Of Bill 70, An Act To Amend The Mining Act: Amendments Relating To Native Communities And Reactions Of Those Communities

On last December 10th, the National Assembly of Québec adopted Bill 70, An Act to amend the Mining Act (“Bill 70”). The adoption of Bill 70 came in the wake of three aborted attempts to modify Quebec’s mining regime in recent…more

Canada, Mining, Native American Issues

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What If Your Independent Contractor Is Really a Dependent Contractor?

Many employers hire independent contractors to assist in their workplace and in most cases, the assumption is that doing so will result in minimal or no notice of termination having to be paid at the end of the relationship. A…more

Independent Contractors, Misclassification, Ontario, Popular, Wage and Hour

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Financial Markets Disputes and Regulatory Update - Summer 2015 Issue 1

In This Issue: - What is worth remembering from the first half of 2015? - Judgments - so far this year… ..Jurisdiction for claims in relation to bearer bonds ..Exercise of contractual rights by purchaser…more

Barclays, BNY Mellon, Bonds, BSA/AML, Cayman Islands

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Employers beware—US Department of Labor issues a shot across the bow to those using independent contractors

Does your business engage independent contractors? If so, the Wage and Hour Division (WHD) of the US Department of Labor (DOL) is putting you on notice that your business may be in the agency’s cross hairs. In a 15-page…more

Administrative Interpretation, Classification, DOL, Employee Definition, FLSA

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Tax Review - June 2015

In This Issue: - Compensation for Uncollectible Debts Deprives Taxpayers of Their Eligibility to Benefit from VAT Relief for Bad Debts - Polish Definition of The First Occupation Inconsistent with the VAT…more

Corporate Taxes, Debt, Intangible Property, Poland, Royalties

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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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SCC Says Suspension with Pay can Amount to Constructive Dismissal

A non-unionized employee on an indefinite suspension with pay successfully claimed that he was constructively dismissed by his employer and was entitled to damages for wrongful dismissal. The case involved David Potter, an…more

Canada, Constructive Discharge, Employer Liability Issues, Hiring & Firing, Supreme Court of Canada

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Tax Review - June 2015

In This Issue: - Compensation for Uncollectible Debts Deprives Taxpayers of Their Eligibility to Benefit from VAT Relief for Bad Debts - Polish Definition of The First Occupation Inconsistent with the VAT…more

Corporate Taxes, Debt, Intangible Property, Poland, Royalties

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International Arbitration - LCIA Guidance Notes

First Guidance Notes for Arbitrators, Parties and on Emergency Procedures - At the end of June 2015, the London Court of International Arbitration (the LCIA) issued three guidelines on arbitration - the LCIA Notes for…more

Arbitration, Arbitrators, International Arbitration, LCIA, New Guidance

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Beware The Unpaid Intern – He/She May Be Eligible For Pay

The issue of unpaid internships is becoming a growing concern for both employers and Ministry of Labour Inspectors. Recently, the publisher of magazines Toronto Life and The Walrus announced that they were pulling the plug on…more

Canada, Employee Rights, Internships, Unpaid Interns

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Focus on Real Estate - November 2012

In This Issue: - 1 Case Comment: Southcott Estates Inc. v. Toronto Catholic District School Board - 2 Why Landlords Should Think Twice Before Terminating - 3 That’s Unreasonable! Where’s My Consent? - 4 Emphytheusis…more

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Kyiv Tax Newsletter - August 2015

Improvement of the e-management system for value added tax - The Law of Ukraine “On Amending the Tax Code of Ukraine on improving the management of value added tax” No. 643 was adopted by the Verkhovna Rada of Ukraine on 16…more

Double Taxation, Electronic Filing, Ireland, Non-Profits, Tax Reform

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FCA consults on PSR regulatory fees

FCA has issued a consultation concerning the Payment Systems Regulator (PSR). The paper sets out the final approach to allocating and setting fee levels for each regulated payment system. It also includes further consultation on…more

Annual Regulatory Fees, FCA, Fees, Financial Institutions, Financial Sector

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Whoops - Legal Malpractice Prevention - Enforcing ADR Provisions in Fee Agreements

Attorneys and law practices have been experimenting with strategies to collect unpaid client fees while limiting the risk of malpractice claims. One approach involves the use of alternative dispute resolution (ADR) provisions,…more

American Bar Association, Arbitration, Attorney Malpractice, Contract Drafting, Engagement Letters

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Employers Be Aware: OSC Proposes Incentive-Based Whistleblower Program

The Ontario Securities Commission (the OSC) recently published “OSC Staff Consultation Paper 15-401” which sets out a proposed framework for an incentive-based whistleblower program. This program aims at incentivising…more

Canada, Proposed Legislation, Whistleblower Protection Policies, Whistleblowers

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Reauthorization of GSP may allow refund of two years of import duties

On June 29, 2015, almost two years after it was allowed to lapse, President Obama renewed the Generalized System of Preferences (GSP) trade program. GSP allows duty-free imports into the United States of qualifying goods from…more

Customs and Border Protection, Duty Free, GSP Regime, Imports, Obama Administration

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New details about the ORPP

On August 11, 2015, the Ontario government released long-awaited details about the Ontario Retirement Pension Plan (ORPP). Although there are design issues that need to be settled and many unanswered questions on how the ORPP…more

Defined Contribution Plans, Employee Benefits, Employer Contributions, Ontario, ORPP

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Accessing Asian Capital By Canadian Companies – The Case For Listing In Hong Kong

Why Hong Kong - Michael Chan, Assistant Vice President of the Global Markets Division of the Hong Kong Stock Exchange (“HKEx”), was recently in Canada, visiting Calgary, Toronto and Vancouver and delivering a presentation…more

Canada, Foreign Investment, Hong Kong, IPO, Listing Standards

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Pension Investment Management Services - with or without VAT?

A significant cost of running a defined benefit pension scheme historically has been the VAT on investment management services. However, HMRC has recently confirmed that a European court case means employers may now recover VAT…more

Benefit Plan Sponsors, Defined Contribution Plans, HMRC, Investment Management, Pension Schemes

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Pension Investment Management Services - with or without VAT?

A significant cost of running a defined benefit pension scheme historically has been the VAT on investment management services. However, HMRC has recently confirmed that a European court case means employers may now recover VAT…more

Benefit Plan Sponsors, Defined Contribution Plans, HMRC, Investment Management, Pension Schemes

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David: Charitable Tax Credit Allowed For Amounts Paid For Inflated Donation Receipts

Where a taxpayer receives an inflated donation receipt, may the taxpayer claim a charitable donation credit for the cash amount of the gift?…more

Charitable Donations, Charitable Organizations, Income Taxes, Tax Credits

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Financial Markets Disputes and Regulatory Update - Summer 2015 Issue 1

In This Issue: - What is worth remembering from the first half of 2015? - Judgments - so far this year… ..Jurisdiction for claims in relation to bearer bonds ..Exercise of contractual rights by purchaser…more

Barclays, BNY Mellon, Bonds, BSA/AML, Cayman Islands

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FundersClub: What Does The SEC’s No-Action Relief Really Mean?

On March 26, 2013, the United States Securities and Exchange Commission (SEC) issued a no-action letter to FundersClub Inc. and FundersClub Management LLC. There has been speculation in the crowdfunding, VC and angel investor…more

Fundersclub.com, Investment Advisers Act of 1940, Investment Funds, Investors, JOBS Act

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IREG Update

State insurance commissioners take on price optimization - To date, four states—California, Florida, Maryland and Ohio—have issued formal bulletins and memoranda, prohibiting the practice of “price optimization” by property…more

Auto Insurance, Big Data, Casualty Insurance, Department of Insurance, Discrimination

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Changing Cost Trends In Class Actions

In 2013, Justice Belobaba released five decisions that addressed legal principles relating to awards of costs on class action certification motions. These cases sent a clear message to the class action bar: “[a]ccess to justice,…more

Canada, Class Action, Securities Litigation

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Cassation instance supports tax authorities in Oriflame case

On June 11, 2015, Moscow District Arbitration Court handed down its ruling in the controversial Oriflame case. In the case, the tax authorities challenged the lawfulness of a Russian organization deducting VAT and expenses (for…more

Corporate Taxes, Foreign Affiliates, Franchise Agreements, International Tax Issues, OECD

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Former Abu Ghraib Detainees Appeal Political Question Dismissal of Suit Against War-Zone Contractor

Iraqi citizens who claim that they were abused by civilian government contractor employees who helped the US military interrogate detainees at Abu Ghraib prison following the US invasion in 2003 are appealing a federal district…more

Alien Tort Statute, Appeals, Defense Sector, Detainees, Dismissals

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The Tenth Circuit rejects excess insurers’ implied duty to investigate and initiate settlement negotiations

Interpreting Oklahoma law, the US Court of Appeals for the Tenth Circuit recently held that the duty of good faith and fair dealing does not require that an excess insurer, unlike a primary insurer, affirmatively investigate the…more

Appeals, Commercial Insurance Policies, Covenant of Good Faith and Fair Dealing, Duty to Defend, Excess Policies

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Junior Mining: OSC Issues Guidance On MD&A Disclosure

On February 6, 2014, the Ontario Securities Commission (“OSC”) released OSC Staff Notice 51-722 Report on a Review of Mining Issuers’ Management’s Discussion and Analysis Guidance (the “Report”). The Report summarizes the…more

Canada, Compliance, Disclosure Requirements

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Europe Under Review : Part 6 Of 8 – International Transfers

This week in our series of “back to privacy basics”, we look at the issue of international transfers of personal data. General Rule - Given the harmonised approach to data protection laws across Europe, transfers…more

Data Protection, EU, International Data Transfers, Personally Identifiable Information, Proposed Regulation

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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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Production Of Documents From Court-Appointed Receivers

Originally published in International Law Office, January 2013: In its recent decision in SA Capital Growth Corp v Mander Estate the Ontario Court of Appeal considered whether the appellant, who was facing proceedings…more

Court-Appointed Receivers, Document Productions, Forum, Interlocutory Orders, Ontario Securities Commission

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Ontario Securities Commission Willing To Accept “No-Contest” Settlements

On March 11, 2014, the Ontario Securities Commission (the “OSC”) adopted the following enforcement initiatives aimed at encouraging cooperation from market participants and streamlining its dispute resolution process..…more

Canada, Dispute Resolution, OSC

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Whoops - Legal Malpractice Prevention - Enforcing ADR Provisions in Fee Agreements

Attorneys and law practices have been experimenting with strategies to collect unpaid client fees while limiting the risk of malpractice claims. One approach involves the use of alternative dispute resolution (ADR) provisions,…more

American Bar Association, Arbitration, Attorney Malpractice, Contract Drafting, Engagement Letters

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Financial Markets Disputes and Regulatory Update - Summer 2015 Issue 1

In This Issue: - What is worth remembering from the first half of 2015? - Judgments - so far this year… ..Jurisdiction for claims in relation to bearer bonds ..Exercise of contractual rights by purchaser…more

Barclays, BNY Mellon, Bonds, BSA/AML, Cayman Islands

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CMS proposes significant changes to Stark regulations

As part of its annual proposed Medicare Part B physician fee schedule rulemaking (Proposed Rule), which is expected to be published in the Federal Register on July 15, 2015, the US Centers for Medicare and Medicaid Services…more

CMS, DHS, Healthcare, Hospitals, Medicare

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Settling Down or Ramping Up? Intercreditor Dynamics on Unitranche Transactions

With sub-investment grade borrowers increasingly drawn to the higher leverage, more flexible terms and speed of execution offered by the Unitranche solution, its continued popularity in the mid-market shows no sign of…more

Acquisition Finance, Debt, Financial Adviser, Financial Institutions, Lenders

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Amendment to the Polish Labor Code - changes to fixed-term contracts

The last version of a bill concerning amendment to the Labor Code has just been accepted by the Parliament. The new regulation shall enter into force 6 months after its adoption, i.e., probably in the first quarter of next year…more

Contract Term, Contract Terms, Employment Contract, Labor Code, Poland

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Senate adopts Iran Nuclear Agreement Review Act

On May 7, 2015, the US Senate voted 98-1 to adopt the Iran Nuclear Agreement Review Act of 2015 (the "Act"). The Act is the culmination of months of legislative maneuvering and a debate over foreign policy and separation of…more

China, Compliance, Foreign Policy, France, Germany

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Lawful advocacy: Contractor compliance with federal campaign contribution requirements

Last week, the US Court of Appeals for the District of Columbia upheld the ban in US law on contributions to federal political candidates and parties by individuals performing contracts with the federal government. Although this…more

Campaign Contributions, Citizens United, Federal Contractors, Government Contractors, PACs

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IREG Update - July 2015

Provider-Sponsored Carriers - A new trend in the provision and financing of health care is the forming of health carriers by health systems and provider groups. This trend follows the emphasis on managing health care with…more

ACOs, Affordable Care Act, Health Care Providers, Health Insurance, Insurance Industry

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Beware of Telephone Tax Scams

Several clients have contacted me in recent weeks after receiving a telephone calls from individuals who claim to be from the Canada Revenue Agency. Typically, the caller will provide his name, an employee ID, a CRA office…more

CRA, Tax Fraud, Tax Scams

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Theratechnologies Inc. V. 12185 Canada Inc: Supreme Court Of Canada Raises The Bar For Obtaining Leave To Bring Secondary Market Securities Class Actions

In Theratechnologies inc. v. 12185 Canada inc., the Supreme Court of Canada has ruled that requirements that plaintiffs demonstrate that their claims have been brought in good faith and have a reasonable chance of succeeding are…more

Canada, Class Action, Pharmaceutical Manufacturers, Secondary Markets, Securities

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Kyiv Tax Newsletter - August 2015

Improvement of the e-management system for value added tax - The Law of Ukraine “On Amending the Tax Code of Ukraine on improving the management of value added tax” No. 643 was adopted by the Verkhovna Rada of Ukraine on 16…more

Double Taxation, Electronic Filing, Ireland, Non-Profits, Tax Reform

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Privacy law and anti-spam: Guidance from the Office of the Privacy Commissioner of Canada

Recent enforcement under Canada’s anti-spam legislation (CASL) by the Canadian Radio-Television and Telecommunications Commission (CRTC) is keeping the spotlight on this new legislation, which came into force just last year…more

Anti-Spam Legislation, Canada, CASL, CRTC, Due Diligence

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Why Paris will not be another Copenhagen

The road from Rio - Concerted international action to stabilize concentrations of greenhouse gases in the atmosphere at safe levels began with the agreement of the UN Framework Convention on Climate Change (UNFCCC) in Rio…more

Carbon Emissions, Climate Change, Commerzbank, Conservation, COP

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Carrying on Business & Extra-Provincial Registration

All Canadian businesses that are incorporated whether federally or provincially must complete an extra-provincial registration if they “carry on business” in a province other than the jurisdiction of incorporation. This means…more

Business Formation, Canada, Jurisdiction

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Tax Review - August 2015

We are proud to present the next edition of our “Tax Review” which contains a selection of rulings and interpretations that had been issued or published in July 2015. We hope you will find the information provided here helpful…more

Corporate Taxes, Foreign Investment, Income Taxes, Investment Funds, IRS

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Private equity transactions in the UK: the essential differences from the US market

A US private equity fund seeking to acquire a target in the UK will soon notice a number of differences from the US market. It is important to be aware of these differences if you are competing against UK private equity houses…more

Acquisitions, Antitrust Provisions, Chapter 11, Equity Financing, MACs

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B.C. Introduces Pooled Registered Pension Plan Legislation

The British Columbia government introduced legislation on February 28, 2013 that once passed will make Pooled Registered Pension Plans (“PRPPs”) available to employees in the province. Features of the PRPP structure that may…more

Pensions, Pooled Registration Pension Plans

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Crowdfunding Alert: Ontario Securities Commission Releases Equity Crowdfunding Exemption Proposal

Following a lengthy consultation period and broad review, the Ontario Securities Commission (“OSC”) has unveiled a series of proposed prospectus exemptions aimed at growing small and medium-sized enterprises (“SMEs”). Among the…more

Canada, Crowdfunding, OSC, Private Equity

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New provisions for secured creditors in the Spanish Insolvency Act

A new milestone has been reached in the reform process of the Spanish Insolvency Act. On 25 May, the draft bill of the Law 9/2015, of urgent measures in insolvency proceedings, has finally been enacted as law. The new rule…more

Distressed Debt, Insolvency, Pending Legislation, Spain

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ASBCA Continues to Apply the Expressly Unallowable Cost Standard in an Unworkable Way

Recently, in Raytheon Co., ASBCA Nos. 57576, et al (June 26, 2015), the ASBCA confirmed that a narrow reading of the term “expressly unallowable” costs is appropriate under the CAS and FAR. The Board reaffirmed previous…more

FAR, Federal Contractors, Incentive Compensation, Raytheon, Total Shareholder Return (TSR)

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Defense-friendly TCPA rulings from Sixth Circuit, Eleventh Circuit, and Northern District of California

The TCPA has become a landmine for unsuspecting companies as the Federal Communications Commission (FCC) has broadly expanded the Telephone Consumer Protection Act’s (TCPA) reach. The Sixth Circuit in Hill v. Homeward…more

ATDS, Auto-Dialed Calls, Consumer Lenders, Mobile Devices, Mortgage Lenders

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IREG Update - August 2015 #2

Hot Topic: New York Emergency Medical Services and Surprise Bills Law - Earlier this year, New York’s Emergency Medical Services and Surprise Bills Law went into effect (the full text of the bill is available on the State…more

Affordable Care Act, Anthem Blue Cross, Cadillac Tax, CIGNA, Disclosure Requirements

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Guindon: SCC Hears Arguments in Penalty Case

The Supreme Court of Canada heard oral arguments today in the case of Guindon v. The Queen (Docket No. 35519). At issue in the case is the nature of the third-party penalty in section 163.2 of the Income Tax Act…more

Canada, Income Taxes, Third-Party Liability

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The Canada Revenue Agency’s Voluntary Disclosure Program: Current Processing Issues

The Canada Revenue Agency’s Voluntary Disclosure Program (VDP) has gone through a number of organizational changes over the past few years…more

Canada, Canadian Revenue Agency, New Regulations, Voluntary Disclosure

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Junior Mining: OSC Issues Guidance On MD&A Disclosure

On February 6, 2014, the Ontario Securities Commission (“OSC”) released OSC Staff Notice 51-722 Report on a Review of Mining Issuers’ Management’s Discussion and Analysis Guidance (the “Report”). The Report summarizes the…more

Canada, Compliance, Disclosure Requirements

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Energy bills move forward in Congress - Bipartisanship marks initial stage, but difficult debates may lie ahead

The US Senate and House of Representatives have taken significant steps in recent days to advance the first comprehensive energy legislation since the passage of Energy Independence and Security Act of 2007. Much has…more

Cybersecurity, Electricity, Energy Efficiency, Energy Policy, Energy Sector

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Insurance Filed Rate Defense Wins Over the Second Circuit

In a noteworthy embrace of the filed rate doctrine, the Second Circuit recently ruled, in the context of a challenge to so-called lender-placed or “force placed” insurance, that a regulator-approved rate is subject to the filed…more

Filed-Rate Doctrine, GMAC, Insurance Litigation, Interlocutory Appeals, Kickbacks

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Medicaid managed care proposed rule seeks to align Medicaid with Medicare Advantage and Qualified Health Plans

On June 1, 2015, the US Centers for Medicare & Medicaid Services (CMS) published its proposed rule on Medicaid managed care (CMS-2390-P). According to CMS, one of the primary purposes of the proposed rule is to “align the rules…more

CMS, Health Care Providers, Healthcare, Managed Care Contracts, Medicaid

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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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Alberta Announces More Stringent GHG Emission Regulations and Climate Change Policy Review Panel

In her first major policy announcement since taking office six weeks ago, Alberta’s Environment and Parks Minister Shannon Phillips announced on June 25, 2015 that Alberta’s primary GHG regulation will be renewed and updated…more

Carbon Emissions, Clean Energy, Climate Change, Coal-Fired Generation, Energy Sector

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STEP Canada: CRA Provides Update on Audit Activities

The Society of Trust and Estate Practitioners (STEP Canada) held its 16th annual national conference on June 16-17 in Toronto. As it has in previous years, the conference featured a Canada Revenue Agency Roundtable wherein two…more

Audits, Canada, CRA, Estate Tax

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UK Corporate Briefing - Summer 2015

Legislation update - Bearer shares banned - The first of the corporate transparency provisions in the Small Business, Enterprise and Employment Act 2015 came into force on 26 May 2015 with the banning of share…more

Accounting, Accounting Standards, Clawbacks, Companies Act, Corporate Fines

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UK financial institutions: Whistling while they work?

Financial service companies in the UK may soon face the prospect of remodelling their whistleblowing procedures and nominating whistleblowing champions. The Public Interest Disclosure Act 1998 (PIDA) currently protects…more

Compliance, Employment Tribunals, FCA, Financial Institutions, Prudential Regulation Authority

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Russia’s new data law

Russia’s new Data Localisation Law went live yesterday on 1 September. Many companies with operations in Russia are scratching their heads about how to comply. The Basics - The new law applies to businesses with a…more

Airlines, Booking.com, Compliance, Cyber Attacks, Cyber Crimes

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MATS attack: Supreme Court reversal of EPA's Air Toxics Rule signals difficulties ahead

On June 29, 2015, the US Supreme Court, in a 5-4 decision, reversed and remanded to the DC Circuit EPA's Mercury and Air Toxics Standards rule (MATS). Michigan v. EPA, No. 14-46. MATS is a signature regulation of the Obama…more

Air Pollution, Clean Air Act, Clean Power Plan, Coal Industry, Coal-Fired Generation

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US Patent Trial and Appeal Board proposes rule changes to AIA trials

The United States Patent and Trademark Office (USPTO) recently issued its proposed changes to the rules for AIA trials, which include inter partes review (IPR), post-grant review (PGR) and the transitional program for covered…more

Additional Discovery, America Invents Act, Claim Construction, Covered Business Method Proceedings, Inter Partes Review Proceedings

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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 consults on the Satellite and Cable Directive

As part of the European Commission's ambitious plan for a Digital Single Market, it proposes to create "a modern, more European copyright law". One of its initiatives is reform of the regulations on the copyright clearing rules…more

Broadcasting, Cable Television Providers, Copyright, Digital Single Market, EU

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International Dealers and Issuers Offering Securities to Canadian Investors – New Developments in “Canadian Wrapper Exemptions”: Navigate with Care

On March 23, 2015, the British Columbia Securities Commission (BCSC) adopted BC Instrument 51-512 – Certain Private Placements (BCI 51-512), which provides certain disclosure exemptions in the case of securities offered to…more

British Columbia Securities Commission, Canada, Cross-Border, Disclosure, Issuer Exemption

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German Federal Cartel Office declares Outlet Center’s Radius Clauses invalid

The German Federal Cartel Office (“FCO”) – Bundeskartellamt – recently published its decision regarding so-called Radius Clauses used by a factory outlet center (“Outlet Center”) in all its contracts with the tenants (Case No. B…more

Commercial Leases, Commercial Property Owners, Competition Authorities, EU, Germany

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The Latest Word From The Supreme Court Of Canada On Conflicts Of Interest: Canadian National Railway Co. V. Mckercher LLP

The Supreme Court of Canada shed a bit more light on the “bright line rule” for determining when a conflict exists when a law firm represents clients whose interests are adverse in the recent decision of Canadian National…more

Attorney-Client Privilege, Bright-Line Rule, Canada, Confidentiality, Conflicts of Interest

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Dentons conference on “Investing in Africa: Key sectors”

Dentons organized a conference entitled “Investing in Africa: Key sectors” at the MEDEF (the largest employer federation in France) conference hall in Paris. Partners from Dentons and professionals with experience in Africa…more

Africa, Carbon Emissions, Clean Energy, Climate Change, Coal-Fired Plants

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ESMA publishes responses on PRIIPs KID

ESMA has published the responses to the joint committee discussion paper on risk, performance scenarios and cost disclosures in Key Information Documents (KIDs) for Packaged Retail and Insurance-based Investment Products…more

ESMA, Financial Markets, Financial Sector, Insurance Industry, Investment

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FCA feeds back on SMR for bank branches

FCA has published a feedback statement with near-final rules on the Senior Managers Regime (SMR) and approved persons in UK branches of overseas banks. Unlike PRA’s paper discussed below, FCA’s paper covers UK branches of both…more

Banking Sector, Banks, British Bankers' Association, Compliance, EEA

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It’s Back To The Future with the NLRB’s new “Joint Employer” standard

On August 27, 2015, the US National Labor Relations Board (NLRB or Board) issued its long awaited decision in Browning-Ferris Industries of California (Browning-Ferris) and, not surprisingly, returned employers to a pre-1984…more

"title, ADEA, Browning-Ferris Industries of California Inc., Canada, Collective Bargaining

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Insurance Filed Rate Defense Wins Over the Second Circuit

In a noteworthy embrace of the filed rate doctrine, the Second Circuit recently ruled, in the context of a challenge to so-called lender-placed or “force placed” insurance, that a regulator-approved rate is subject to the filed…more

Filed-Rate Doctrine, GMAC, Insurance Litigation, Interlocutory Appeals, Kickbacks

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Daishowa-Marubeni: A Tree Fell In The Forest And The SCC Caught It!

In Daishowa-Marubeni International Ltd. v. The Queen, 2013 SCC 29, Justice Rothstein marries tax philosophy and tax practice by asking and answering the question: If a tree falls in the forest and you are not around to…more

Canada, Income Tax Act, Liability, Tax Liability, Tax Structuring

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Delfi AS vs. Estonia: Online news services may be liable for their readers' comments

News websites can now be held responsible for the content of user-generated comments, under a landmark judgment of the European Court of Human Rights (the ECHR)…more

EU, European Court of Justice, News Stories, Takedown Notices, User-Generated Content

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Former Abu Ghraib Detainees Appeal Political Question Dismissal of Suit Against War-Zone Contractor

Iraqi citizens who claim that they were abused by civilian government contractor employees who helped the US military interrogate detainees at Abu Ghraib prison following the US invasion in 2003 are appealing a federal district…more

Alien Tort Statute, Appeals, Defense Sector, Detainees, Dismissals

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Federal Circuit authorizes ITC to bar imports that may or may not be used to infringe

On August 10, 2015, the Federal Circuit extended the reach of the ITC to cover accused articles that do not directly infringe when coming into the country through customs, but are later made or used to directly infringe a method…more

Administrative Authority, Chevron Deference, En Banc Review, Imports, Induced Infringement

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Consumer Finance Update: CFPB Proposes to Delay TRID Effective Date to October 1, 2015

On June 17, 2015, the US Consumer Financial Protection Bureau ("CFPB") unexpectedly announced that it is publishing a proposal for public comment to postpone the effective date of the TILA-RESPA Integrated Disclosures Rule…more

CFPB, Financial Institutions, Mortgage Lenders, Mortgages, TILA-RESPA Integrated Disclosure Rule (TRID)

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Are your sponsorship and hospitality controls enough to satisfy the FCPA? Maybe not

On May 20, 2015, the US Securities & Exchange Commission (SEC) settled an administrative proceeding with global mining /commodities producer BHP Billiton, resolving allegations that the company violated the books and records and…more

Anti-Bribery, Anti-Corruption, BHP Billiton, Bribery, Cease and Desist Orders

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Focus on Real Estate - November 2012

In This Issue: - 1 Case Comment: Southcott Estates Inc. v. Toronto Catholic District School Board - 2 Why Landlords Should Think Twice Before Terminating - 3 That’s Unreasonable! Where’s My Consent? - 4 Emphytheusis…more

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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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The Arbitration Review of the Americas 2013: Arbitral Jurisdiction in Canada: Recent Decisions

Overview - Any consideration of arbitral jurisdiction in Canada must proceed within the governing legislative framework. Legislation in each Canadian province and territory, as well as federal legislation, directs how and…more

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Abu Dhabi is 30 Per Cent More Attractive - Film Commission offers unique rebate to international production companies

The UAE is constantly seeking new and innovative ways to encourage business growth across the Emirates. Film and TV production is one of the diverse range of areas in which the Emirate of Abu Dhabi has actively looked to…more

Corporate Taxes, Entertainment Industry, Film Industry, Music Industry, Television Commercials

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Saudi Arabia update - August 2015

Legal Developments - Expatriate Workers Restricted from Certain Job Categories - As part of Saudi Arabia’s ongoing Saudization campaign, the Ministry of Labor (MoL) identified this month 19 jobs that are restricted to…more

Capital Markets, Classification, Expatriates, Financial Markets, Goldman Sachs

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New Standards Allow Compassionate Care Leave For Employees

Alberta’s Employment Standards Code, has been amended to provide new minimum standards to allow employees to take compassionate care leave. On February 1, 2014, these amendments will take effect…more

Canada, Caregivers, Paid Leave

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Federal Circuit authorizes ITC to bar imports that may or may not be used to infringe

On August 10, 2015, the Federal Circuit extended the reach of the ITC to cover accused articles that do not directly infringe when coming into the country through customs, but are later made or used to directly infringe a method…more

Administrative Authority, Chevron Deference, En Banc Review, Imports, Induced Infringement

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A kiskereskedelmi szektorban történo vasárnapi munkavégzés tilalmáról és a kapcsolódó munkajogi változásokról

Amint arról bizonyára értesült a sajtóból, 2015. március 15-én hatályba lépett a kiskereskedelmi szektorban történo vasárnapi munkavégzés tilalmáról szóló 2014. évi CII. törvény. Kevésbé ismert, hogy e törvény alapján a Munka…more

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Entry into force of the RES Bill

On 4 May 2015 the Act of 20 February 2015 on renewable energy sources (the “RES Bill”) enters into force. The RES Bill is a new act aimed at comprehensively regulating the sector of renewable energy sources (“RES”) which also…more

Offshore Wind, Poland, Power Grid, Renewable Energy

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A summary and analysis of HRSA's proposed 340B program guidance

On August 28, 2015, the US Department of Health & Human Services (HHS) Health Resources and Services Administration (HRSA) published its long-awaited, if still only proposed, 340B program guidance (Proposed Guidance). 80 Fed…more

Audits, Covered Entities, Draft Guidance, Fee-for-Service, Health Care Providers

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FCA's Competition Law Concurrency Guidance

Since 1 April 2015, the UK financial services community has awaited with some trepidation the use by the FCA of its new "concurrent competition law powers". These enable the FCA to investigate and sanction companies for…more

Competition, Competition Authorities, Consultation, EURIBOR, Financial Conduct Authority

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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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New York advocacy groups and tax-exempts face additional disclosure obligations

Recent judicial and administrative decisions in New York State should put not-for-profit organizations, advocacy groups and similar entities on notice about their disclosure and transparency obligations in New York…more

501(c)(3), Attorney Generals, Charitable Donations, Charitable Organizations, Citizens United

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When is enough, enough? Managing difficult employees in the human rights context

Not surprisingly, employers seek to hire individuals who will perform the duties of their job diligently, honestly and faithfully. Unfortunately, instances can occur where employers find themselves facing an unmotivated and/or…more

Disability, Employment Policies, Hiring & Firing, Human Rights, PTO

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Geography, Function and Objective Necessity: a New Approach to Non-Domestic Rates in the Office - Woolway v. Mazars [2015] – One building, one business, two hereditaments

Background - The Supreme Court has handed down judgment in a non-domestic ratings case that has overturned the approach to determining hereditaments where there are floors separated by common parts occupied by a tenant in…more

Commercial Leases, Commercial Real Estate Contracts, Commercial Real Estate Market, Hereditament, Property Valuation

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First Data gains approval for its Processor BCRs

Dentons has advised First Data Corporation (“First Data“), a global leader in payment technology and service solutions, in successfully obtaining approval for its Binding Corporate Rules (“BCRs“) for Data Processors. BCRs are a…more

Canada, EU Data Protection Laws

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Employers Be Aware: OSC Proposes Incentive-Based Whistleblower Program

The Ontario Securities Commission (the OSC) recently published “OSC Staff Consultation Paper 15-401” which sets out a proposed framework for an incentive-based whistleblower program. This program aims at incentivising…more

Canada, Proposed Legislation, Whistleblower Protection Policies, Whistleblowers

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Federal Circuit's en banc decision in Akamai v. Limelight results in expansion of divided infringement

The US Court of Appeals for the Federal Circuit, sitting en banc, has expanded the scope of divided infringement (sometimes called joint or split infringement), a form of direct infringement in which the steps of a method claim…more

Akamai Technologies, Appeals, Direct Infringement, Divided Infringement, En Banc Review

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Fronting Practices

The Broad-Based Black Economic Empowerment Act 53 of 2003 ("BEE Act") was recently amended to provide for (amongst other things) the criminalisation of fronting practices. The Broad-Based Black Economic Empowerment Commission…more

Economic Development, Fronting Policies, Government Contractors, Public Procurement Policies, Small Business

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The Benefits Of Filing A Quick 101-Based CBM Petition

Are you being inundated with charges of infringing business method patents? Are you currently in litigation with a business method patent? Do the settlement amounts exceed your litigation expenses? If so, you should consider…more

Alice Corporation, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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German Federal Cartel Office declares Outlet Center’s Radius Clauses invalid

The German Federal Cartel Office (“FCO”) – Bundeskartellamt – recently published its decision regarding so-called Radius Clauses used by a factory outlet center (“Outlet Center”) in all its contracts with the tenants (Case No. B…more

Commercial Leases, Commercial Property Owners, Competition Authorities, EU, Germany

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Mining Issuers: Ensure your Websites and Investor Presentations Comply with NI 43-101

Mining issuers have their qualified persons (“QPs”) and occasionally legal counsel review technical disclosure, including news releases and technical reports, to ensure they comply with National Instrument 43-101 Standards of…more

Canada, Disclosure Requirements, Issuers, Mining

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Are Fairness Opinions Admissible on a Plan of Arrangement Hearing?

Differing viewpoints have recently arisen in the Ontario Superior Court of Justice (Commercial List) as to whether fairness opinions are admissible during court approval of plans of arrangement. In Champion Iron Mines Limited…more

Canada, Fairness Hearings, Schemes of Arrangement

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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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Lawful advocacy: Contractor compliance with federal campaign contribution requirements

Last week, the US Court of Appeals for the District of Columbia upheld the ban in US law on contributions to federal political candidates and parties by individuals performing contracts with the federal government. Although this…more

Campaign Contributions, Citizens United, Federal Contractors, Government Contractors, PACs

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Labor law: will employers welcome proposed changes to the Labor Code?

The Ministry of Healthcare and Social Development of the Republic of Kazakhstan developed a new draft Labor Code of the Republic of Kazakhstan. In addition to other novelties, a number of proposed amendments to the labor…more

Employer Liability Issues, Employment Contract, Kazakhstan, Labor Code, Labor Disputes

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Converting Your Convertible Note

If you just invested in the next big thing by way of a convertible promissory note, you will want to ensure that, when it converts, you get all of the equity to which you’re entitled. Does your note convert at the valuation set…more

Convertible Debt, Equity Financing, Financing, Investors, Promissory Notes

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Whoops - Legal Malpractice Prevention - Enforcing ADR Provisions in Fee Agreements

Attorneys and law practices have been experimenting with strategies to collect unpaid client fees while limiting the risk of malpractice claims. One approach involves the use of alternative dispute resolution (ADR) provisions,…more

American Bar Association, Arbitration, Attorney Malpractice, Contract Drafting, Engagement Letters

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Final Risk Retention Rules: Impact on RMBS

The following is a brief memo outlining the impact of the final risk retention rules on the securitization of residential mortgage loans. Overview - In October 2014, the final Credit Risk Retention rules were adopted…more

ABS, CFPB, Cross-Border Transactions, Dodd-Frank, FDIC

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Proposed New Prospectus Exemption For Distributions To Existing Security Holders Of TSX-V Issuers

On November 21, 2013, the securities regulatory authorities in all Canadian jurisdictions, with the exception of Ontario and Newfoundland and Labrador (the “Participating Jurisdictions”), published for comment Multilateral CSA…more

Accredited Investors, Canada, Canadian Securities Administration, Disclosure Requirements, Exemptions

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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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Amendment to the Excise Tax Act in Poland – significant changes for your business

The President signed the amendment to the Excise Tax Act . on August 27, 2015. The new regulations shall pass into law on January 1, 2016. Below we present a review of the key amendments which have been introduced..…more

Amended Regulation, Energy Sector, EU, Excise Tax, Oil & Gas

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Tax Review - June 2015

In This Issue: - Compensation for Uncollectible Debts Deprives Taxpayers of Their Eligibility to Benefit from VAT Relief for Bad Debts - Polish Definition of The First Occupation Inconsistent with the VAT…more

Corporate Taxes, Debt, Intangible Property, Poland, Royalties

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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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Europe Under Review: Part 7 Of 8 – Privacy Governance

As the next in our series of “back to privacy basics”, we look at the rules regarding privacy governance. As we will do throughout this series, we take a look at the current position and what is best practice for an…more

Data Processors, Data Protection, Privacy Policy, UK, UK Data Protection Act

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Final Risk Retention Rules: Impact on RMBS

The following is a brief memo outlining the impact of the final risk retention rules on the securitization of residential mortgage loans. Overview - In October 2014, the final Credit Risk Retention rules were adopted…more

ABS, CFPB, Cross-Border Transactions, Dodd-Frank, FDIC

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Tax Review - June 2015

In This Issue: - Compensation for Uncollectible Debts Deprives Taxpayers of Their Eligibility to Benefit from VAT Relief for Bad Debts - Polish Definition of The First Occupation Inconsistent with the VAT…more

Corporate Taxes, Debt, Intangible Property, Poland, Royalties

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Entry into force of the RES Bill

On 4 May 2015 the Act of 20 February 2015 on renewable energy sources (the “RES Bill”) enters into force. The RES Bill is a new act aimed at comprehensively regulating the sector of renewable energy sources (“RES”) which also…more

Offshore Wind, Poland, Power Grid, Renewable Energy

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Further development of the competition legislation in Kazakhstan

On 7 May 2015, amendments to certain legislative acts to improve Kazakhstan’s legislation on natural monopolies and regulated markets, competition and development of the transport infrastructure were published. The Law of the…more

Anti-Monopoly, Kazakhstan, Monopolization, Stocks

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Three African regional economic blocs take major step towards forging a trans-Africa free trade zone

On June 10, 2015, the Southern African Development Community (SADC), the East African Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA) agreed to expedite their efforts to unite into a single,…more

Africa, COMESA, Foreign Investment, Free Trade Zone, GDP

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Dentons conference on “Investing in Africa: Key sectors”

Dentons organized a conference entitled “Investing in Africa: Key sectors” at the MEDEF (the largest employer federation in France) conference hall in Paris. Partners from Dentons and professionals with experience in Africa…more

Africa, Carbon Emissions, Clean Energy, Climate Change, Coal-Fired Plants

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New Integrity Framework - Changes to Canada's Integrity Rules for Procurement

On July 3, 2015, the Government of Canada introduced a new “Integrity Regime” for procurement and real property transactions to overhaul the former Integrity Framework.i The Integrity Regime consists of the Public Works and…more

Canada, Canadian Integrity Regime, Federal Contractors, Prime Contractor, Public Procurement Policies

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Insurance Policy Interpreted In Officers’ Favour

In certain circumstances, directors and officers may find that their claims for indemnification under a directors’ and officers’ insurance policy have been denied by the insurance company as a result of various exclusions…more

Canada, Exclusionary Clauses, Indemnification, Indemnity Insurance

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Energy bills move forward in Congress - Bipartisanship marks initial stage, but difficult debates may lie ahead

The US Senate and House of Representatives have taken significant steps in recent days to advance the first comprehensive energy legislation since the passage of Energy Independence and Security Act of 2007. Much has…more

Cybersecurity, Electricity, Energy Efficiency, Energy Policy, Energy Sector

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Three African regional economic blocs take major step towards forging a trans-Africa free trade zone

On June 10, 2015, the Southern African Development Community (SADC), the East African Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA) agreed to expedite their efforts to unite into a single,…more

Africa, COMESA, Foreign Investment, Free Trade Zone, GDP

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Updated employer covenant guidance from the Pensions Regulator August 2015

Background - The term employer covenant refers to the legal obligation, ability and willingness of a pension scheme's sponsoring employer (or a number of employers) to provide the requisite funds in order to meet the…more

Benefit Plan Sponsors, Employer Contributions, Employer Covenants, Funding, Guidance Update

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The Small Business, Enterprise and Employment Act - When will the insolvency-related provisions come into force?

Following Parliamentary approval in March 2015, there has been a level of uncertainty around the implementation timeline for certain company law and insolvency provisions. In particular, many of the changes to the Insolvency Act…more

Commercial Bankruptcy, Creditors, Insolvency, Liquidation, Small Business

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The Canadian Retail Report

Our Canadian Retail Report provides you with practical content to keep you current on developments that affect retailers in Canada. In this issue, Timothy M. Banks, the Canadian lead for our Privacy and Security practice,…more

Advertising, AODA, Behavioral Advertising, Canada, Data Protection

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ASBCA Continues to Apply the Expressly Unallowable Cost Standard in an Unworkable Way

Recently, in Raytheon Co., ASBCA Nos. 57576, et al (June 26, 2015), the ASBCA confirmed that a narrow reading of the term “expressly unallowable” costs is appropriate under the CAS and FAR. The Board reaffirmed previous…more

FAR, Federal Contractors, Incentive Compensation, Raytheon, Total Shareholder Return (TSR)

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UAE trademark law update

UAE Cabinet Decision No. 9 of 2015 (the Decision) has doubled the official fees for registering trademarks with the Ministry of Economy's trademark office (TMO) in the UAE. The Decision, which takes effect from 29 May 2015,…more

Filing Fees, Trademarks, UAE

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Bill 42: Towards a central portal in labour and employment

On April 15, 2015, the Minister of Labour, Employment and Social Solidarity tabled Bill 42 in the Québec National Assembly. The Bill is titled, An Act to group the Commission de l'équité salariale, the Commission des normes du…more

Arbitration, Canada, Construction Industry, Harassment, Labour Tribunal

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Practical Guidance on Writing an Outsourcing Policy

Regulatory Requirements - For businesses that operate within the financially regulated sector, there are invariably detailed and often prescriptive rules that apply to outsourcing arrangements. These rules aim to ensure…more

EIOPA, EU, FCA, Financial Institutions, Insurance Industry

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CRA Rocks The Boat: Garber et al. v. The Queen

Readers who were tax practitioners in the mid-80s will well remember the luxury yacht tax shelters, which were sold in 1984, 1985 and 1986 and which were one of the most popular tax shelters of that period. Many of us had…more

Canada, Income Taxes, Tax Shelters

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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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When The Multinational Meets The Private Family Business : 10 Key Issues For A Successful Negotiation Of An M & A Transaction Between The Two

The vast majority of business enterprises worldwide are “family run”, or purely private entities, where operational management and ownership reside in or are controlled by the same individuals. On the other hand, often…more

Closely Held Businesses, Corporate Culture, Multinationals, Negotiations, Valuation

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A summary and analysis of HRSA's proposed 340B program guidance

On August 28, 2015, the US Department of Health & Human Services (HHS) Health Resources and Services Administration (HRSA) published its long-awaited, if still only proposed, 340B program guidance (Proposed Guidance). 80 Fed…more

Audits, Covered Entities, Draft Guidance, Fee-for-Service, Health Care Providers

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Energy bills move forward in Congress - Bipartisanship marks initial stage, but difficult debates may lie ahead

The US Senate and House of Representatives have taken significant steps in recent days to advance the first comprehensive energy legislation since the passage of Energy Independence and Security Act of 2007. Much has…more

Cybersecurity, Electricity, Energy Efficiency, Energy Policy, Energy Sector

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Reauthorization of GSP may allow refund of two years of import duties

On June 29, 2015, almost two years after it was allowed to lapse, President Obama renewed the Generalized System of Preferences (GSP) trade program. GSP allows duty-free imports into the United States of qualifying goods from…more

Customs and Border Protection, Duty Free, GSP Regime, Imports, Obama Administration

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IREG Update

State insurance commissioners take on price optimization - To date, four states—California, Florida, Maryland and Ohio—have issued formal bulletins and memoranda, prohibiting the practice of “price optimization” by property…more

Auto Insurance, Big Data, Casualty Insurance, Department of Insurance, Discrimination

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Focus on Real Estate - November 2012

In This Issue: - 1 Case Comment: Southcott Estates Inc. v. Toronto Catholic District School Board - 2 Why Landlords Should Think Twice Before Terminating - 3 That’s Unreasonable! Where’s My Consent? - 4 Emphytheusis…more

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Alberta Announces More Stringent GHG Emission Regulations and Climate Change Policy Review Panel

In her first major policy announcement since taking office six weeks ago, Alberta’s Environment and Parks Minister Shannon Phillips announced on June 25, 2015 that Alberta’s primary GHG regulation will be renewed and updated…more

Carbon Emissions, Clean Energy, Climate Change, Coal-Fired Generation, Energy Sector

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Federal Circuit authorizes ITC to bar imports that may or may not be used to infringe

On August 10, 2015, the Federal Circuit extended the reach of the ITC to cover accused articles that do not directly infringe when coming into the country through customs, but are later made or used to directly infringe a method…more

Administrative Authority, Chevron Deference, En Banc Review, Imports, Induced Infringement

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EIOPA updates Solvency 2 reporting webpage

EIOPA has updated its Solvency 2 reporting format webpage with revised information on the data point model (DPM) and XBRL taxonomy design. They have been developed in accordance with its guidelines on the submission of…more

EIOPA, Insurance Industry, NCAs, Pensions, Solvency II

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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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SEC proposed rule would require new "pay versus performance" table in proxy statements

As public companies navigate the 2015 proxy season, a potential change to executive compensation disclosure is on the horizon. The US Securities and Exchange Commission (SEC) has proposed new rules to implement the…more

CD&A, Corporate Officers, Dodd-Frank, Executive Compensation, Pay-for-Performance

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Lean Times May Call For Lien Measures – What You Need To Know About Miners’ Liens In Northern Canada

Given the present economic climate of falling metal prices and depressed equity markets for mining companies, many owners and operators of mines are experiencing cash flow and working capital shortages. As a result, contractors…more

Canada, Liens, Mining

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Lawful advocacy: Contractor compliance with federal campaign contribution requirements

Last week, the US Court of Appeals for the District of Columbia upheld the ban in US law on contributions to federal political candidates and parties by individuals performing contracts with the federal government. Although this…more

Campaign Contributions, Citizens United, Federal Contractors, Government Contractors, PACs

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ASBCA Continues to Apply the Expressly Unallowable Cost Standard in an Unworkable Way

Recently, in Raytheon Co., ASBCA Nos. 57576, et al (June 26, 2015), the ASBCA confirmed that a narrow reading of the term “expressly unallowable” costs is appropriate under the CAS and FAR. The Board reaffirmed previous…more

FAR, Federal Contractors, Incentive Compensation, Raytheon, Total Shareholder Return (TSR)

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Bill 42: Towards a central portal in labour and employment

On April 15, 2015, the Minister of Labour, Employment and Social Solidarity tabled Bill 42 in the Québec National Assembly. The Bill is titled, An Act to group the Commission de l'équité salariale, the Commission des normes du…more

Arbitration, Canada, Construction Industry, Harassment, Labour Tribunal

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The Competition and Markets Authority's consultation on "Competition in passenger rail services in Great Britain" - On 17 July 2015, the Competition and Markets Authority (CMA) published its consultation document.

On 17 July 2015, the Competition and Markets Authority (CMA) published its consultation document regarding competition in passenger rail services in Great Britain. This followed its announcement in January that it intended to…more

Consultation, Franchises, High-Speed Rail Authority, Licenses, Railways

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Focus on Real Estate - November 2012

In This Issue: - 1 Case Comment: Southcott Estates Inc. v. Toronto Catholic District School Board - 2 Why Landlords Should Think Twice Before Terminating - 3 That’s Unreasonable! Where’s My Consent? - 4 Emphytheusis…more

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Case Bulletin: R v Karigar, 2014 ONSC 3093

For the first time in Canada, an individual has been sentenced to jail time for bribing a foreign public official. The three-year penitentiary sentence was handed down by the Ontario Court of Justice under the Corruption of…more

Anti-Corruption, Bribery, Canada, CFPOA, Corruption

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Ontario Jury Awards Ex-Employee $1.4 Million For Mistreatment By Former Manager

In a cautionary tale for employers, a jury in Windsor, Ontario awarded $1.4 million in damages to a former Wal-Mart employee who alleged that she had been constructively dismissed after being subjected to intentional infliction…more

Harassment, Intentional Infliction of Emotional Distress, Intentional Torts, Punitive Damages, Termination

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Defense-friendly TCPA rulings from Sixth Circuit, Eleventh Circuit, and Northern District of California

The TCPA has become a landmine for unsuspecting companies as the Federal Communications Commission (FCC) has broadly expanded the Telephone Consumer Protection Act’s (TCPA) reach. The Sixth Circuit in Hill v. Homeward…more

ATDS, Auto-Dialed Calls, Consumer Lenders, Mobile Devices, Mortgage Lenders

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Possible Expansion of the List of Imported Medical Devices Falling under the "Third is Out" Restriction for State Procurement

Following lengthy discussion and despite the criticism of experts, RF Government Decree No. 102 "On Restricting the Admission of Certain Types of Medical Devices Originating in Foreign States for the Purposes of Procurement for…more

Comment Period, Imports, Legislative Agendas, Manufacturers, Market Participants

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Focus On Intellectual Property (IP) - March 2012: Counterfeiter’s Beware – Canada Introduces New Law To Deal With Counterfeit And Pirated Products

In This Issue: - Counterfeiter’s Beware – Canada Introduces New Law to Deal with Counterfeit and Pirated Products - A “Sign” of Things to Come – How Bill C-56 Will Change Canadian Trade-Mark Law - Excerpt…more

ACTA, Counterfeiting, Customs, Trademarks

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Canadian Securities Regulators release results of Continuous Disclosure Review

On July 16, 2015, the Canadian Securities Administrators (CSA) issued CSA Staff Notice 51-344 summarizing the results of their Continuous Disclosure (CD) Review Program for the fiscal year ended March 31, 2015. The CSA carried…more

Canada, Canadian Securities Administration, Disclosure Requirements, Filing Requirements, Financial Reporting

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The shifting sands of cybersecurity: DOD's interim rule further burdens contractors

The Department of Defense (DOD) earlier today issued an interim rule, effective immediately, that significantly increases existing cybersecurity requirements for DOD contractors. The requirements in the interim rule, have broad…more

Cloud Computing, Controlled Unclassified Information, Cybersecurity, DFARS, DOD

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Pension Investment Management Services - with or without VAT?

A significant cost of running a defined benefit pension scheme historically has been the VAT on investment management services. However, HMRC has recently confirmed that a European court case means employers may now recover VAT…more

Benefit Plan Sponsors, Defined Contribution Plans, HMRC, Investment Management, Pension Schemes

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IREG Update - August 2015 #2

Hot Topic: New York Emergency Medical Services and Surprise Bills Law - Earlier this year, New York’s Emergency Medical Services and Surprise Bills Law went into effect (the full text of the bill is available on the State…more

Affordable Care Act, Anthem Blue Cross, Cadillac Tax, CIGNA, Disclosure Requirements

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Why You Should Think About An Anti-Corruption Compliance Program

With anti-corruption enforcement intensifying around the world, companies (particularly those operating in regions where corrupt practices are widespread) are implementing and reviewing anti-corruption programs to ensure…more

Anti-Corruption, Compliance, Risk Management

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Federal Court Of Appeal Deals A Blow To The Canada Revenue Agency: Full Disclosure Must Be Made On Ex Parte Applications

On February 21, 2013, the Federal Court of Appeal released two decisions related to the obligations of the Minister of National Revenue when making ex parte applications under subsection 231.2(3) of the Income Tax Act (the…more

Appeals, CRA, Disclosure Requirements, Ex Parte, Income Tax Act

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Employers beware—US Department of Labor issues a shot across the bow to those using independent contractors

Does your business engage independent contractors? If so, the Wage and Hour Division (WHD) of the US Department of Labor (DOL) is putting you on notice that your business may be in the agency’s cross hairs. In a 15-page…more

Administrative Interpretation, Classification, DOL, Employee Definition, FLSA

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Snowplow driver dismissed due to two accidents, not workplace violence “head-butting” complaint

A snowplow driver’s bad driving record, not his workplace violence complaint, was the reason for his dismissal, the Ontario Labour Relations Board has decided. Vehicle safety and safe road conduct were important to the…more

Hiring & Firing, OLRB, Retaliation, Workplace Safety

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House Ways and Means Proposes to Turn IME Payments into a Fixed "Pool"

Before leaving for August recess, the House Ways and Means Committee released bill language that would, if passed, turn Medicare indirect medical education (IME) payments into a fixed pool rather than the current system of…more

Continuing Medical Education, Hospitals, Medicare, Pending Legislation

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SEC Proposes Executive Compensation Claw-Back Rules

The US Securities and Exchange Commission has proposed rules that would require issuers listed on US stock exchanges to adopt and disclose a policy to recover, or “claw back”, certain incentive-based compensation. Recovery would…more

Clawbacks, Comment Period, Disclosure Requirements, Dodd-Frank, Executive Compensation

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Polish CIT exemption applies also to special Cypriot funds managed by a corporate body

In a recent Polish Supreme Administrative Court’s award it was confirmed that a non-UCITS fund should benefit from the Polish CIT exemption for investment funds, even if their corporate manager is contracted. The award removes…more

AIFM, EEA, EU, Investment Funds, Poland

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#Monkey-Selfie

The dispute between Wikipedia and the British photographer David Slater recently reported in various news outlets is not new. It is actually the continuation of a dispute that began in July 2011 between the UK based Caters News…more

Copyright, Photographs, Wikipedia

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Amendment to the Polish Labor Code - changes to fixed-term contracts

The last version of a bill concerning amendment to the Labor Code has just been accepted by the Parliament. The new regulation shall enter into force 6 months after its adoption, i.e., probably in the first quarter of next year…more

Contract Term, Contract Terms, Employment Contract, Labor Code, Poland

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For biosimilars in the US, Interchangeability with the Innovator Reference Product is the goal, but there is still much work to be done

During the BIO 2015 Convention in Philadelphia, there were several sessions directed to biosimilars. Biologic medicines now account for about one-third of annual drug approvals in the US (according to the Pharmaceutical Research…more

Biosimilars, Pharmaceutical, Pharmaceutical Manufacturers, Professional Conferences

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“You quit!” “No I Didn’t, I’m Sick!”

In Betts v. IBM Canada Ltd., the Court was faced with a dispute between Mr. Betts, who claimed he was legitimately absent from his employment due to illness, and his employer IBM, which claimed that Mr. Betts effectively…more

Appeals, Disability, Disability Leave, Hiring & Firing, IBM

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