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Bolstering integrity and facilitating renewals, Posted:
2nd April 2024 09:32
The H-1B visa – a widely coveted nonimmigrant work visa, particularly beneficial for highly skilled foreign professionals, especially in STEM fields – is undergoing significant changes in its registration process for the Fiscal Year 2025 (FY2025). In response to concerns about widespread fraud and misuse, the Department of Homeland Security (DHS) has implemented noteworthy adju ... Read more...
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By Alessia Ajelli & Paolo Grassi, Posted:
4th October 2023 08:57
Moving employees to Italy can be a strategic move for companies of all sizes across a broad range of industries, but such a decision comes with both material and time-related costs. So, what should you expect when relocating employees to Italy, and how can you make it convenient?
The decision to hire a foreign expert or move an employee from an office located a ... Read more...
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4th August 2023 10:54
Marco Imperiale is the head of innovation at LCA, a leading Italian law firm, and a visiting researcher at Harvard Law School. He has extensive experience in legal design, legal tech, and in the interplay of copyright law and the entertainment industry. Whenever he finds time, he also works as teaching fellow (CopyrightX course) and as mindfulness trainer. Marco is an avid passio ... Read more...
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14th June 2023 15:26
Immigration Skills Charge (ISC) offers wellspring for apprenticeships, say small firms after downtrend in apprenticeship startsFSB responds to the latest government figures on apprenticeships
Following the release of today’s figures indicating a 10 per cent decline in apprenticeship starts in March 2023 compared to March 2 ... Read more...
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By John C. Johnson, M&AMI, Posted:
25th April 2023 15:08
The federal Consolidated Appropriations Act that was passed in December 2022 includes Section 501: Registration Exemption for Merger and Acquisition Brokers. This imp ... Read more...
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6th April 2023 08:40
On March 24, 2023, changes were introduced to the mutual fund regulations via the Finance Bill 2023, which indicates that investors in debt mutual funds will no longer be eligible for the long-term capital gains (LTCG) tax advantage and will be taxed similarly to bank deposits. Moreover, these proposed changes will also be extended to gold, international equity, and domestic equity funds of funds ... Read more...
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9th March 2023 14:42
Singapore’s Budget 2023 of S$104.2 billion (US$78.1 billion) was unveiled on February 14, 2023, focused on seizing new opportunities amid global uncertainty and building new capabilities for Singaporeans.
Budget 2023 provides a wide range of support to upskill and reskill Singaporean workers and keep the local workforce resilient amid what is anticipate ... Read more...
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11th November 2022 15:45
China amended its Women’s Protection Law on October 30, 2022, aiming to give women stronger protection against sexual harassment and gender discrimination. Taking effect on January 1, 2023, the law has added several provisions that shall impose new requirements on businesses regarding female employee management. We discuss the key implications of the new Women’s Pro ... Read more...
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4th November 2022 11:11
The United Kingdom has a new Prime Minister in Rishi Sunak, the first time an ethnic India has held the role. Given both the UK’s and India’s close trade and economic ties, we look at the prospects for Sunak to deliver a meaningful trade agreement for the UAE.
Sunak, born in 1980, served as the British Chancellor of the Exchequer from 2020 to ... Read more...
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By Frederic J. Siegel, Posted:
3rd November 2022 14:11
In recent years, we have seen some of the richest people in the world end their marriages - Jeff Bezos and MacKenzie Scott, Bill and Melinda Gates, and Gisele Bündchen and Tom Brady, to name a few.
Notably, all of these super rich couples settled out of court and very privately. It is refreshing to see the mega wealthy not air their dirty laundry and k ... Read more...
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By Simon Jerrum & Tom Serafin, Posted:
11th October 2022 08:45
Claimants seeking to serve English proceedings on defendants outside the jurisdiction often face an uphill battle. There are limited circumstances in which English proceedings may be served outside the jurisdiction without the permission of the Court, and applications for permission to serve out of the jurisdiction require compliance with the rules on applications without notice, including the req ... Read more...
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27th September 2022 10:14
Singapore has introduced new work visa rules to strengthen its appeal as a global hub for foreign talent. Among the new changes is the introduction of the Overseas Network & Expertise Pass, which allows high-earners and achievers to live in Singapore without the need to secure employment first.
Singapore’s Ministry of Manpower, in coope ... Read more...
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By Selwyn D. Whitehead, Esq., Posted:
27th September 2022 09:42
What follows is a high-level presentation I prepared for the California Lawyers Association 2022 Annual Meeting that was held in San Diego, California between 15-17 September 2022. At the meeting, I was a panelist at a seminar-type panel discussion entitled, Everything You Never Knew You Needed to Know About SPACs. For my part of the presentation, I was asked to prepare materi ... Read more...
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27th September 2022 09:26
Once upon a time, being born or becoming a U.S. citizen was the gold standard of citizenships, worldwide. The lure of the American Dream drove millions the world over to acquire the coveted U.S. passport for voting, travelling abroad relatively freely, migrating other family, holding elective offices and living in relative peace, stability and abundance. However, beginning with the 21s ... Read more...
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14th September 2022 10:30
New September 2022 regulations have been added to the expatriate recruitment process.
Due to its comparatively convenient visa requirements compared to other neighboring Middle East nations, the United Arab Emirates, undoubtedly has become a popular destination for expats. As a result, UAE is increasingly becoming the global busines ... Read more...
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25th August 2022 10:29
All merchants and companies will be required to promote their business from time to time. This can be done either proactively, such as through well-designed online or TV video commercials or traditional ads in newspapers, on websites, and billboards, or via an organic strategy, such as building up the official website or business WeChat public account. However, many advertisin ... Read more...
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28th July 2022 09:48
In this article we provide daily news updates concerning the geo-political, commercial and trade impact created by the ongoing conflict in the Ukraine with an emphasis on European-Asian supply chains, trade and reinvestment.
Thursday, July 28
... Read more...
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25th July 2022 10:05
Future homeowners that acquired houses through a pre-pay model are refusing to pay mortgages on unfinished homes. The boycott comes a year after major Chinese property developers began to default on billions of dollars worth of loans. The current situation is a culmination of decades of rapid property expansion followed by regulators’ efforts to deleverage the industry. We explain the ev ... Read more...
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22nd July 2022 09:19
India has the largest MSME base in the world after China. The sector provides a wide range of services and is engaged in the manufacturing of over 6,000 products – ranging from traditional to hi-tech items. Given the government of India’s push for a self-reliant economy or Atmanirbhar Bharat, the Indian MSME sector is poised for rapid growth and is seeking greater i ... Read more...
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20th July 2022 09:53
As Gen Z will soon account for the next wave of China’s workforce, we look at key workplace motivators that would make them successful hires. For more questions about recruitment and employee management in China, please contact Ava Piao, Recruitment Consultant, HR & Payroll Services, Beijing Office.
According to statistics, as of 2021, ... Read more...
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15th July 2022 09:56
Thailand and the UK have formed a Joint Trade and Economic Committee to explore new opportunities to improve bilateral trade. The committee discussed partnerships in a variety of important sectors, including agriculture, financial services, healthcare, and the digital economy.
Thailand presents growing opportunities for British businesses in these sectors, especi ... Read more...
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14th July 2022 10:04
For expatriate workers and their employers in the Philippines, it is essential they understand the process of obtaining a work visa and employment permit to legally work in the country.
The Labor Code is the main employment statute in the Philippines and the Department of Labor and Employment (DOLE) is the administrative entity in the field of labor and employmen ... Read more...
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11th July 2022 09:27
Cybersecurity providers and vendors in Singapore now need to adhere to a new licensing framework, per regulations that recently went into effect.
The Cybersecurity Authority (CSA) of Singapore launched the new licensing framework on April 11, 2022, under the country’s Cybersecurity Act. Businesses have six months to apply for the new cybersecur ... Read more...
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30th June 2022 09:26
Global inflation is soaring, exacerbated by the geopolitical tension in Ukraine and reflected in sky-high food and energy prices. The disruption to markets and the global supply chain is causing the largest commodity price uptick in decades. ... Read more...
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27th June 2022 10:22
Cybersecurity providers and vendors in Singapore now need to adhere to a new licensing framework, per regulations that recently went into effect.
The Cybersecurity Authority (CSA) of Singapore launched the new licensing framework on April 11, 2022, under the country’s Cybersecurity Act. Businesses have six months to apply for the new cybersecur ... Read more...
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26th May 2022 10:49
Through a series of top-level meetings, China’s economic officials have signaled an easing of the year-long crackdown on the country’s technology sector. This offers a glimpse of recovery for the first time since late 2020 when about a dozen leading tech corporations, including Alibaba, Tencent, Didi, and Meituan were met with the consequences of heightened governme ... Read more...
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25th May 2022 14:15
By Angela Barkhouse & Jamie Roberts
Recent global political events have put a renewed spotlight on offshore and cross-border held assets. The Russian invasion of Ukraine, and the subsequent raft of international sanctions, have re-highlighted matters pertaining to offshore transparency. ... Read more...
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17th May 2022 11:52
On March 2, 2022, President Rodrigo Duterte signed Republic Act No. 11647, which amends the Foreign Investment Act (FIA), also known as Republic Act No. 7042. The amendments aim to promote and attract foreign investments by allowing, for the first time, international investors to set up and fully own domestic enterprises in the Philippines.
Further, another ... Read more...
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By Selwyn D. Whitehead, Esq., Posted:
12th May 2022 12:36
As a solo community-based practitioner whose financial issues practice focuses on consumer and small business bankruptcy clients, by choice; I readily admit that I sometimes see the world through the lens of my clients. As such, it is my contention that the primary purpose of the Bankruptcy Clause, is the means through which honest, but unfortunate ... Read more...
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12th May 2022 09:28
Entering the China market is an intimidating step for most British companies, with an almost endless series of potential pitfalls to be negotiated. Although there are often many obstacles in the way, the rewards of successfully navigating this difficult course are also immense.
The aim of this article is to highlight some of the legal and financial must-knows to ... Read more...
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13th April 2022 09:43
English and Welsh graduates who took out a student loan since 2012 are in for a rollercoaster ride on student loan interest rates in the coming years. Today’s reading for RPI inflation means that the maximum interest rate, which is charged to current students and graduates earning more than £49,130, will rise from its current level of 4.5% to an eye-watering 12% for ... Read more...
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7th April 2022 10:40
When the Brexit transition period ended, new barriers for UK-EU trade were introduced.
What was perhaps less discussed and much less expected across the industry has been the requirement to pay duties on goods flows that may have been considered beneficiaries to trade agreements, but, due to the physical route that the goods took whilst transi ... Read more...
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29th March 2022 09:35
The UK has few direct economic links to Russia. Trade between the two is small relative to the size of either economy and Russia is not closely integrated in the global financial system. However, Russia’s invasion of Ukraine – and sanctions imposed as a response by the UK and its allies – could still have a significant impact on the UK ec ... Read more...
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21st March 2022 11:47
China’s vape industry has been hit with another round of legislation. The new measures build upon a decision to move the industry under the purview of the State Tobacco Monopoly Administration and regulate e-cigarettes / vape products as tobacco products, which will put significant restraints on the industry catering to the domestic market. We discuss the finalized regulatory ... Read more...
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11th March 2022 12:10
Now in its third year, the COVID-19 pandemic sees India more prepared – in terms of planning for logistics and emergencies and having a robust vaccination program in place – though the stress to healthcare infrastructure and business disruption is unavoidable. Companies have also drawn out strategies to ensure business continuity during this extended period of COVID ... Read more...
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8th March 2022 11:16
India’s commitment to net zero carbon emissions is more resilient than ever and green hydrogen-based fuel is being touted as a way to achieve this. Along with its global counterparts, India aspires to transition to a low-carbon hydrogen-based economy to address concerns around its energy security, climate change, reducing emissions, accelerating decarbonization effor ... Read more...
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With Aaron Goonrey, Posted:
16th February 2022 09:58
The labour and employment landscape has significantly changed in recent years due to the COVID-19 pandemic, but in Australia we have also seen new rules and regulations come into place as well as a shift in focus on compliance issues. To help businesses keep on top of regulatory requirements and general best practice, we spoke with employment law specialist and expert litigator Aaron Goonrey of La ... Read more...
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With Geolift Baltic, Posted:
8th February 2022 16:44
The ground underneath us is constantly shifting. No matter how many skyscrapers we build, or tonnes of concrete we use, there is little that can be done about the propensity for movement down below. In the past, any building or surface that has become unstable due to movement beneath the foundations would have been incredibly difficult or even impossible to repair without demolishing and starting ... Read more...
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24th January 2022 11:41
In a world where it seems there’s an insurance policy for almost every eventuality, it’s easy to get overwhelmed by choice, and unfairly sideline cover which could actually be immensely useful.
We all know that things like home insurance, ... Read more...
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24th January 2022 10:05
NFTs or non-fungible tokens are a new type of digital asset that is steadily gaining popularity and dominating online media conversations around the world. In this article, we look at the status of NFTs in China. While Chinese regulators do not object to NFTs as a concept, authorities do not appear as enthusiastic over its financial use. China is also opposed to any technology function ... Read more...
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21st January 2022 09:37
2022 will be a critical year for the United States’ trade policy for Asia. As President Joe Biden’s administration completes one year in the White House, Washington DC is still working to rebuild international bridges and pursue a more multilateral trade policy. Meanwhile the China-inclusive Regional Comprehensive Economic Partnership (RCEP) – accounting f ... Read more...
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20th January 2022 09:45
2021 was an annus horribilis for China’s property market. The real estate sector had been riding a wave of optimism on the back of record sales in 2020 but ended 2021 with some of its largest players defaulting on billions of dollars debt and plummeting sales numbers.
Though the events that unfolded in 2021 came as a surprise to many i ... Read more...
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10th January 2022 10:22
On January 4, the first working day of 2022, the Cyberspace Administration of China (CAC), in conjunction with 12 other authorities – including the China Securities Regulatory Commission (CSRC) – finally promulgated the high-profile ... Read more...
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6th January 2022 10:51
With the New Year Holiday approaching, many new laws and regulations that may affect your business and everyday life will also come into effect soon. In this article, we list out 11 laws, regulations, or national standards that will take effect on January 1, 2022 and shortly explain why it matters to you.
1. Negative Lists For Foreign Investment Access ... Read more...
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15th December 2021 12:05
A combination of Chinese and Russian infrastructure development will help replace decaying assets due to the countries sanctions problems and ensure that Iran’s huge mineral oil and gas assets – it owns 12% of global reserves – continue to supply Central Asia and China.
Tehran and Moscow are about to complete their work on ... Read more...
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15th December 2021 10:53
Bangladesh is becoming an increasingly attractive investment destination due to its cost competitive business environment and large labor market. The country allows foreigners to privately invest in all its industries, except the defense, nuclear energy, mining, and forest plantation industries. Key sectors that have benefited from foreign direct investment (FDI) include garment and te ... Read more...
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15th December 2021 10:21
Singapore’s Deputy Prime Minister Heng Swee Keat announced the launch of an S$18 million (US$13.1 million) Supply Chain 4.0 Initiative at the Industrial Transformation Asia-Pacific (ITAP) 2021 event.
The initiative aims to integrate more technology to assist small and medium-sized enterprises (SMEs) with any future disruptions to supply chains. This mea ... Read more...
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14th December 2021 14:28
With the borders still closed and the government enforced lockdowns fresh in recent memory, the labour and employment landscape continues to be impacted by COVID-19 in Malaysia. To get a clearer picture of the on-going ramifications for employers and employees, we spoke with Suganthi Singam&l ... Read more...
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13th December 2021 10:01
Since the pandemic, a new work model has been permeating offices worldwide. The hybrid workplace is a relatively new model that has allowed employees to work from home while allowing them to come to the office depending on the pandemic situation and movement restrictions. As measures related to the pandemic are lifted, Vietnam’s employers are coming to acceptance of what a mo ... Read more...
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9th December 2021 09:34
As is the official practice, the public holiday schedule for 2022 in India is divided across three classifications: gazetted, restricted, as well as state and union territory.
Many foreign human resource managers struggle with India’s holiday schedule. That is no surprise: the federal and state governments have acknowledged a number of ... Read more...
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30th November 2021 09:18
On November 25, 2021, the 37th meeting of the Standing Committee of the 15th Shanghai’s Municipal People’s Congress passed the Decision on Amending the Regulations of Shanghai Municipality on Population and Family Planning (‘the Regulation’), effective immediately.
What Are The Changes?
... Read more...
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30th November 2021 09:13
Some of the bills expected to be at the center of focus include the bill to repeal the three farm laws as well as the bill seeking to prohibit all private cryptocurrencies in India with certain exceptions.
Below is a list of the bills scheduled to be tabled in the Parliament and the reforms they seek to bring.
Bills Intro ... Read more...
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22nd November 2021 09:10
At the 2021 G20 Summit in Rome, President Xi Jinping announced that China would seek to join the newly created Digital Economy Partnership Agreement (DEPA). A day later, on November 1, China’s Ministry of Commerce (MOFCOM) formally applied for China to join the agreement.
The DEPA, describe ... Read more...
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15th November 2021 09:20
China is in the midst of a growing labor shortage that is placing increased pressure on the manufacturing industry. While similar shortages are being felt by many countries around the world as workers fail to return to the workplace due to persistent fears of the COVID-19 pandemic and changing attitudes toward the nature of work, China’s current predicament ... Read more...
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By Richard Levett & Anna Brownrigg, Posted:
3rd November 2021 10:58
Two of the fundamentals of capitalism, namely the pursuit of growth and profit, are today being questioned in ways that would scarcely have seemed possible a generation ago. Recent legal developments increase the obstacles for companies seeking to prioritise shareholder returns and raise the prospect that “orthodox” capitalism is now dead in all but name. Many of these developm ... Read more...
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1st November 2021 09:43
China’s Standing Committee of the National People’s Congress announced the Personal Information Protection Law of the People’s Republic of China (hereinafter referred to as “PIPL”) on August 20th 2021, which will soon come into effect on November 1st 2021.
As China’s first law ... Read more...
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28th October 2021 09:28
In June 2021, Vietnam issued Circular No. 43/2021/TT-BTC (Circular 43) which implements a reduction in the value-added tax (VAT) rate for imported medical equipment from 10% to 5%. Circular 43 has come into force since August 1st 2021.
Accordingly, businesses can apply for the five percent rate if they have one of the following documents:
... Read more...
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27th October 2021 09:26
The State Council released the official China public holiday 2022 schedule through its Circular of the General Office of the State Council on the Arrangement of Public Holidays in 2022 on October 25th 2022.
As is traditional, the holiday schedule features two major week-long holidays (often referred to as ‘Golden Week’): Spri ... Read more...
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20th October 2021 09:17
Anyone conducting business in China should have a clear understanding of the situation on the ground of their business partners, including but not limited to motivations and capabilities, as well as competitive position and financial and legal standing. While professional consultants can help to assess a business partner objectively, the degree of cooperation from a business partner is ... Read more...
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8th October 2021 12:12
Minimum wage rates across ASEAN countries are rising gradually to match the region’s increased cost of living and boost domestic demand. Despite rising salaries, minimum wages in most ASEAN countries remain significantly lower than those in the developed economies of the world.
Moreover, foreign investors should be aware that ASEAN governments are incre ... Read more...
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6th October 2021 09:25
What Has Happened?
Gaming Restrictions For Minors
On August 30, China introduced new restrictions to limit the time under-18s can spend gaming online. The restrictions now allow young gamers to only play on public holidays, Fridays, Saturdays, and Sundays from 8pm to 9pm. Reuters reports& ... Read more...
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1st October 2021 09:26
On September 16, 2021, the European Parliament passed a Report on a New EU-China Strategy (the EU Report) with 570 votes in favor, 61 against, and 40 abstentions. The Report outlines six pillars on which the European Union (EU) should build a new strategy to engage with China: cooperation on global challenges, engagement on international norms and human rights, identi ... Read more...
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23rd September 2021 09:37
Individuals, companies, and other organizations increasingly use electronic signatures, or e-signatures, to sign contracts and complete other transactions in Singapore.
While e-signatures have been gaining popularity for years, their usage has exploded due to COVID-19, as many companies have shifted to remote or hybrid work models and conduct most of their busine ... Read more...
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22nd September 2021 09:33
As done previously, the Vietnamese government has issued another law supporting businesses to overcome the effects of the pandemic. Resolution 105/NQ-CP was issued on September 9 and goes in effect on the date to support businesses, cooperatives, and household businesses affected by COVID-19.
Namely the Resolution aims to meet the dual ... Read more...
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22nd September 2021 08:30
Business owners place a vast amount of value in their clientele, after all, they’re the ones increasing your revenue and helping you establish your brand. However, businesses that want to continue to delight their customers need to understand the importance of putting their employees first.
Recognising your employees as hardworking individuals who keep your bus ... Read more...
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16th September 2021 09:25
As China’s first law specifically regulating the protection of personal information, the PIPL will have a direct and far-reaching impact on the protection of personal information rights of individuals, as well as data privacy compliance of enterprises.
Moreover, together with the Cybersecurity Law of the People’s Republic of China& ... Read more...
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By Richard Levett, Paul Stokes & Jamie Onslow, Posted:
14th September 2021 07:54
The past 18 months have brought massive change to virtually every workplace in the global economy, whether through significant workload increase, business shutdown and associated loss of employment or, as has been the case for many office-based roles, an overnight shift to working from home, with meetings taking place by videoconference and little if any face-to-face contact between workers and ma ... Read more...
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24th August 2021 09:22
On August 20, China published the full finalized text of the Personal Information Protection Law, the first such law ever to be passed in the country. Effective from November 1, 2021, this new law, along with the Data Security Law and Cybersecurity Law, China has built its own extensive legal realm of security and personal information protection. ... Read more...
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20th August 2021 09:25
A mere 100-nanometer coronavirus strain has put an unprecedented dent on global travel given the highly transmittable nature of the SARS-CoV-2 virus. Countries across the world, including India, have imposed extraordinary travel bans and restrictions, both international as well as regional travel. Whatever little transit is allowed has been followed up by stringent checks and procedura ... Read more...
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17th August 2021 09:46
According to much speculation online, foreign employees in Shanghai could be required to contribute to China’s social insurance scheme starting from August 2021.
This news may be based on the fact that the current legal document regulating foreign employee’s participation of the social insurance scheme, the ... Read more...
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16th August 2021 09:21
Vietnam on March 22, 2020, suspended the entry of all foreign visitors including those with visa exemption certificates in a bid to contain the COVID-19 pandemic. Subsequently, it suspended all international flights by March 25, 2020, effectively locking out visitors and business professionals except for Vietnamese nationals returning on special repatriation flights.& ... Read more...
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11th August 2021 09:41
There are various incentives available to businesses in India depending on the economic activity, industry, location, and size of the firm.
Investors become eligible for most of India’s tax breaks and incentives after registering with the Ministry of Corporate Affairs. Tax incentives tied to specific targets – such as hiring over 50 Indian emp ... Read more...
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10th August 2021 09:27
China has amended its controversial social credit system, offering clearer guidelines about how the system should be implemented and what punishments it can mete out.
The updates come amid uncertainty and misunderstandings about the ... Read more...
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5th August 2021 09:26
The National People’s Congress Standing Committee passed the Anti-Foreign Sanctions Law (the “Law), just two days after the body announced that the draft was undergoing a second round of revisions.
Policymakers hastily passed the Law in the context of sanctions placed by the US, EU, UK, Canada, and others on Chinese officials ... Read more...
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3rd August 2021 09:14
For whatever reason, investors may decide to wind up operations and close a company. Undoubtedly, most investors do not hope or expect to stop their business activities, but it may take time for executives to become fully aware of the responsibilities they can face while dissolving a company.
Reasons For Closure:
A company may be dissolve ... Read more...
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23rd July 2021 09:30
Due to the COVID-19 pandemic and subsequent travel bans, many expatriates who had returned their home countries have been restricted from re-entering China. As a result, renewing their Chinese work permits has become a complicated matter for those stranded.
Although the Chinese government has issued a temporary policy allowing foreigners to rene ... Read more...
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15th July 2021 09:26
China’s Data Security Law contains provisions that cover the usage, collection, and protection of data in the PRC. Violations will trigger penalty fines and even suspension of business and revocation of license or permits. The person directly in charge of implementing compliance at the company will be exposed to penalty risks – hence businesses are advised to closel ... Read more...
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23rd June 2021 10:08
Vietnam’s government introduced a draft decree amending Decree No. 52/2013/ND-CP (Decree 52) regulating e-commerce platforms and activities. This will cover local as well as foreign businesses that conduct e-commerce activities in Vietnam.
While still in the draft stage, Dezan Shira & Associates’ Bus ... Read more...
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23rd June 2021 09:56
The Maritime and Port Authority of Singapore (MPA) will implement a two-phase increase in port dues rates from January 2022, to fund the increase in costs and maintenance of the Port of Singapore.
Under the new rates of Phase 1, which will take effect from January 1, 2022, vessels calling at the Port of Singapore to embark or d ... Read more...
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23rd June 2021 09:47
Due to the COVID-19 pandemic and ensuing travel bans, many foreigners working in China have begun to consider applying for a Chinese “Green Card”, or permanent residence ID card. With the card, an expatriate will be able to enter China just like Chinese citizens, without going through visa formalities.
Holders of a Foreigner ... Read more...
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17th June 2021 09:23
China has released new cosmetic labeling regulations to combat misleading product information in the fast-growing industry.
On May 31, 2021, China’s National Medical Products Association (NMPA) released the Measures for the Administration of Cosmetic Labeling (the “Measures”), which describe how cosmetics companies ... Read more...
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16th June 2021 09:48
Foreign investors can now establish entertainment venues in China without special ownership restrictions, following the release of new regulations.
The policy shift will allow foreign investors to set up cinemas, theme parks, and other entertainment exhibitions without having to enter a joint venture with a domestic partner.
Previously, for ... Read more...
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15th June 2021 09:28
Once among the smallest economies in Southeast Asia, Vietnam has now emerged as one of the world’s fastest-growing markets. Currently, the country is the EU’s 16th largest trade partner and the second-largest trade partner within ASEAN. Vietnam is also China’s sixth-largest trading partner and in the first half of 2020, was the second-largest exporter to t ... Read more...
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14th June 2021 10:02
China released its official holiday schedule for 2021 through its “Circular of the General Office of the State Council about the Public Holiday Arrangement for 2021”on November 25, 2020.
As is traditional, the holiday schedule features two major week-long holidays: Spring Festival (also known as Chinese New Year) and the National Day holiday.& ... Read more...
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9th June 2021 09:24
Couples in China will now be allowed to have up to three children, as policymakers seek to address the country’s long-term demographic imbalances.
The announcement came on May 31, 2021, following a Chinese Communist Party Politburo meeting chaired by President Xi Jinping.
Additionally, the Party announced supportive measures to ad ... Read more...
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9th June 2021 09:20
New regulations for investing in China’s private education industry clarify the levels of access available to foreign investors and address other industry concerns and opportunities.
China unveiled new regulations that will restrict foreign investment and the use of foreign curricula in private tutoring, according to a State Council decree signed by Pre ... Read more...
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2nd June 2021 09:51
Latest COVID-19 Updates
May 1st 2021 - June 2nd 2021
June 2, 2021 – China ... Read more...
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21st May 2021 10:45
Web accessibility laws and litigation continues to grow through 2020 and now into 2021. Not only that but we also continue to see an increase in lawsuits that are filed against companies who are not being ADA compliant. This is something we have seen across the US, with both California and New York both seeing a surge in the number of cases making it to court. With companies now being sued, it has ... Read more...
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17th May 2021 09:35
The dismissal of an employee in the Philippines is a sensitive stage and can only be implemented by a ‘just’ or ‘authorized’ cause, as defined under the Labor Code.
Trial periods and fixed-term contracts can be terminated without difficulty, whereas open-ended contracts are subject to increased protection. As a matter of pr ... Read more...
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With Benjamin Grayson and Todd Alexander , Posted:
7th May 2021 11:58
The change in presidency from Donald Trump to Joe Biden has brought about notable changes for the infrastructure and project finance landscape in the United States. In this expert discussion, Ben Grayson and Todd Alexander of Norton Rose Fulbright explore some of the biggest compliance issues and potential pitfalls facing firms, as well as identifying emerging trends, strategies and opportunities. ... Read more...
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4th May 2021 09:28
In this two-part series, we discuss solutions for back office automation in China. This includes ways to manage key considerations, such as accessing trustworthy support and reliable information resources on-the-ground, knowledge of IT software and service options unique to China, legal compliance, and cyber and data security concerns.
Part 1 focuses on two major ... Read more...
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30th April 2021 09:38
On January 20, 2021, Joe Biden was sworn in as the 46th president of the United States, offering a chance to change the course of US-China relations, which had hit a low point under the outgoing Trump administration.
The four years witnessed escalating trade tensions culminating in a trade war as well as sanctions on Chinese technology ... Read more...
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28th April 2021 10:05
Once a company makes a profit and is able to meet the basic requirements for remittance, there will still be challenges with respect to ensuring that the remittance process goes smoothly.
Whether it be a decision over the method of repatriation or when to take profits, the ways in which investors choose to approach the remittance process can have a significant im ... Read more...
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20th April 2021 12:32
It has been more than a year since China closed its borders to foreign visitors on March 28, 2020. Since then, the detailed entry policies have been changed from time to time as the epidemic prevention and control status continues to vary both locally and abroad.
In such a scenario, it is necessary to keep track of the rules moderating how foreign visitors can en ... Read more...
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16th April 2021 09:51
Heavily trade-dependent, Thailand exports over US$250 billion worth of goods and services annually. Foreign companies must understand trademark protections in the country if it is a key sourcing destination as the safeguard of designs and other intellectual properties are directly related to the maintenance of profits and brand value.
Trademarks, ce ... Read more...
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26th March 2021 15:17
ASEAN Coronavirus Updates (Live Updates by Country)
Brunei
Brunei has ... Read more...
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26th March 2021 14:39
Vietnam has a population of over 97 million people spread over 330,000 square kilometers. The country is still predominately rural, with urban centers providing a home for just 35 percent of the population. Companies entering Vietnam for the first time often fail to account for regional variation in the labor market and invest in locations ill-suited to their industry.
... Read more...
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26th March 2021 14:24
In our second article of the Indonesia Omnibus Law series, we review the new implementing Government Regulation No. 34 of 2021 (GR 34/2021), which aims to ease the process of hiring foreign workers in Indonesia. GR 34/2021 repeals Presidential Regulation No. 20 of 2018.
GR 34/2021 introduces different categories for the Foreign ... Read more...
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26th March 2021 12:16
Several Chinese embassies recently issued notices on relaxing entry restrictions for passengers who have obtained Chinese COVID-19 shots.
What Do The Notices Say?
Chinese Vac ... Read more...
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26th March 2021 11:56
On March 26, 2020, the Ministry of Foreign Affairs of the People’s Republic of China (MOFA) announced it will suspend the entry of most foreign nationals into the country from March 28, 2020. Many foreigners holding a residence permit and who work in China are now unable to return. Naturally, the most commonly asked questions are how they would be able to re ... Read more...
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Written by Sofia Baruzzi, Posted:
1st February 2021 11:58
The reform introduces some significant wording changes to make the language of the Copyright Law more consistent with other civil laws in expression (such as the substitution of “citizens” with “natural persons”, or “movie works and works created in a manner similar to filmmaking” with “audio-visual works”) ... Read more...
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21st January 2021 08:46
A review of pending and on-going trade agreements as identified by the UK Government reveals a huge lack of trade attention with Asia. This ought to start alarm bell ... Read more...
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By Bob Savic, Posted:
21st December 2020 10:06
The United Kingdom, comprising England, Scotland, Wales, and Northern Ireland, will be applying new trading rules with Asia and all other countries from January 1, 2021. From that date, the UK will no longer apply the European Union’s Common External Tariff (CET) as its formal exit out of the transition period with the European Union (EU) gives rise to sweeping inte ... Read more...
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Written by: India Briefing, Dezan Shira & Associates , Posted:
7th December 2020 09:56
When due diligence is conducted, several aspects of the company are taken into consideration. The different categories of due diligence help evaluate every aspect of a business, in turn helping foreign companies make an informed decision about their business dealings in foreign jurisdictions.
The major types of due diligence are – ... Read more...
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Written by Sofia Baruzzi, Dezan Shira & Associates, Posted:
23rd October 2020 09:07
On August 28, 2020, the Ministry of Commerce of the People’s Republic of China (MOFCOM) and the Ministry of Science and Technology jointly issued the Announcement No. 38 (2020) (“Announcement”) amending the Catalogue of Technologies Prohibited or Restricted from Export (“Catalogue”).
< ... Read more...
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Written by: Ayman Falak Medina, ASEAN Briefing, Dezan Shira & Associates , Posted:
19th October 2020 10:33
As investors gain more confidence in ASEAN, there will be a demand for professional services firms (PSF) who can tailor solutions to the regions’ commercial systems and consumer markets, particularly in the areas of business consulting, accounting, tax, legal, and marketing.
The impact of the ... Read more...
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Written by: India Briefing, Dezan Shira & Associates , Posted:
6th October 2020 11:37
India’s parliament approved three new labor codes on September 22-23, in a historic move to consolidate the country’s labor legislation and compliance norms. The codes are – Industrial Relations Code Bill, 2020; Code on Social Security Bill, 2020; and the Occupational Safety, Health and Working Conditions Code Bill, 2020.
The r ... Read more...
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Written by: Ayman Falak Medina, ASEAN Briefing, Dezan Shira & Associates , Posted:
28th September 2020 10:27
The COVID-19 pandemic will drive reforms and open investment opportunities for ASEAN’s healthcare sector, particula ... Read more...
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Written by: India Briefing, Dezan Shira & Associates , Posted:
16th September 2020 09:19
The 8th East Asia Summit (Economic Ministers’ Meeting) was held virtually on Friday, followed by the 17th ASEAN-India Economic Ministers Consultations on Saturday, August 29. India’s Commerce and Industry Minister Piyush Goyal and Tran Tuan Anh, Minister of Industry and Trade of Vietnam co-chaired the consultations on Saturday.
As countr ... Read more...
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Written by: Ayman Falak Medina, ASEAN Briefing, Dezan Shira & Associates , Posted:
14th September 2020 09:10
On August 27, 2020, Singapore’s Ministry of Manpower (MoM) has increased the minimum qualifying salaries for foreign workers to receive the Employment Pass (EP) and S Pass work permits.
... Read more...
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An interview with Nasser Elaheebocus (Business Pulse Advisory & Investment Group), Posted:
7th September 2020 12:21
For Nasser Elaheebocus, founder and owner of Business Pulse Advisory & Investment Group, the potential that great business mentorship has to create successful leaders cannot be understated. Nasser’s personal background in business and many years of cooperation with companies of all types, sizes and specialities has allowed him to develop solutions covering the entire spectrum of ... Read more...
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Written by: India Briefing, Dezan Shira & Associates , Posted:
5th August 2020 08:56
India’s economy is showing signs of recovering after withstanding some of the worst impacts of COVID-19, including prolonged nationwide shutdowns.
As India enters Unlock 3 from August 1, which will see more of the country reopening after lockdown, we discuss some of the earliest indicators, ‘green shoots,’ of economic& ... Read more...
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By Kaoru Haraguchi, Posted:
6th April 2020 09:42
Suppose you are living in the state of California (USA) and got a call from your cousin in Tokyo. He said that your aunt in Tokyo has died and you are entitled to receive US$1 million life insurance death proceeds.
Your aunt was a 90 year old widow. Your uncle’s only sister and the mother of the cousins were also deceased. Your mother is the only sist ... Read more...
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Written By Vietnam Briefing, Dezan Shira & Associates, Posted:
6th March 2020 10:39
The European Parliament (EP) on February 12 ratified the European Union Vietnam Free Trade Agreement (EVFTA) and the EU-Vietnam Investment Protection Agreement (EVIPA). The next step before the agreements can come into force is the ratification of the ... Read more...
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26th February 2020 14:11
The US and China signed a much-anticipated phase one trade deal on January 15, 2020. This initial trade deal is seen as the first step towards a de-escalation of the ... Read more...
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Written by: Melissa Cyrill, India Briefing, Dezan Shira & Associates , Posted:
16th December 2019 08:51
India opted out of the RCEP trade pact at the Bangkok ASEAN Summit this week.
India explained the decision by referring to long-standing concerns over the trade deal’s provisions on market access and rules of origin, tariff relaxations, and non-tariff barriers.
... Read more...
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Written by: Ayman Falak Medina, ASEAN Briefing, Dezan Shira & Associates , Posted:
30th October 2019 12:42
As of October 17, 2019, Indonesia’s Halal Product Law (“Halal Law”) came into effect. Many consumer products and related services that enter and are traded in the country must now be Halal-certified, while some products and serv ... Read more...
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18th October 2019 09:00
If there’s one thing a business owner must know how to do well it going with the flow. The business landscape is constantly changing as a result of market trends, consumer demands, and regulatory requirements. While entrepreneurs have a choice of how and when new innovations or evolving consumer demands will change their company processes, when it comes to regulations set for ... Read more...
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8th October 2019 09:45
Do you want guaranteed one-to-one time with the most in-demand senior IP Law decision makers in Asia?
If so, the IP Law Europe Summit will help you grow your network fast in a time-effective and cost efficient format.
Connect with 50+ Chief IP Counsel, Heads of IP and G ... Read more...
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23rd September 2019 08:17
You’ve worked hard to build your business from the ground up. You’ve probably used all your savings; potentially borrowed money and you’re enjoying the profits and the success that comes when you work hard and dedicate your time to something you’ve been working towards for years.
As a business owner you’re probably aware ... Read more...
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27th August 2019 10:00
Pomerantz LLP announces that a class action lawsuit has been filed against Netflix, Inc. ("Netflix" or the "Company") (NASDAQ: ... Read more...
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6th August 2019 11:03
The Law Offices of Mark Anchor Albert & Associates today filed a federal lawsuit in the United States District Court for the Central District of California against Democratic Governor Gavin Newsom and Secretary of State Alex Padilla seeking to stop SB 27, the so-called "Presidenti ... Read more...
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By Asia Briefing, Dezan Shira & Associates , Posted:
3rd June 2019 11:27
Land acquisition is a major bottleneck for companies looking to invest in India.
The difficulty of acquiring land in a reasonable period of time has tended to discourage investments in manufacturing and the development of industrial corridors and transport infrastructure in India, where land is a critical factor. The country’s multiple land laws a ... Read more...
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28th May 2019 15:30
On May 9, the Beijing Municipal Human Resources and Social Security Bureau announced plans to raise the city’s ... Read more...
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7th May 2019 08:18
New Delhi The International Law Event Management Company, Events 4 Sure has successfully concluded its Global Legal ConfEx & Law Tech Exhibition in New Delhi on 25th April 2019. tkter.com which is a legal tech knowledge sharing platform was the associate partner of the event.
With an aim to offer a common platform to the legal and technology industries, ... Read more...
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14th March 2019 09:58
The Law Event Management Company, Events 4 Sure successfully concluded its 46th Global Legal ConfEx & Law Tech Exhibition in Singapore on 21st February 2019, in association with tkter.com, a legal tech knowledge shar ... Read more...
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4th March 2019 08:12
Can you outline the key global economic trends and structural changes in international trade?
The shift from goods to services and data flows is the most significant and long term trend. By moving the flow of value across borders away from the choke points of ports, airports etc, it weakens the power of governments to directly regul ... Read more...
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Written by: Piet Flintrop, ASEAN Briefing, Dezan Shira & Associates , Posted:
22nd February 2019 08:55
On October 19, 2018, the European Union (EU) and the Republic of Singapore signed a free trade pact – the EU-Singapore Free Trade Agreement (EUSFTA) – to deepen the economic relations between the two regions. Along with this deal, two other agreements have been signed between the two sides – the EU-Singapore Investment Protection Agreement (EUSIPA) and the ... Read more...
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Written by: Rohit Kapur, Asia Briefing, Dezan Shira & Associates , Posted:
12th February 2019 09:11
Conventionally, 2019 being an election year in India, the Modi government was expected to present an interim budget, which, essentially is a vote on account, whereby the parliament sanctions funds for the government to function in an uninterrupted manner till the new government is voted in and takes charge. The new government then, based on its stated election manifesto and the availab ... Read more...
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18th January 2019 12:19
Online gambling is constantly changing with innovative technology solutions. Today, it is easier to find and access any online casino from a smartphone or tablet device. All you have to do is to check some reliable online casino reviews or just surf the internet. Even land-based casinos introduced digital machi ... Read more...
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By Maître Charles Badou, Posted:
17th December 2018 09:30
The main companies in the law of the Organisation for the Harmonization of Business Law in Africa (“OHADA”) are the Société Anonyme or SA (Public Limited Liability Company) and the Société à Responsabilité Limitée or SARL (Private Limited Liability Company).
The leg ... Read more...
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By: Thibaut Minot, China Briefing, Dezan Shira & Associates, Posted:
12th December 2018 08:54
Foreign companies entering a high-risk market like China must pay attention to their compliance programs at the local level. Passive supervision from the top simply won’t suffice.
As a starting point, the below internal control measures should be carefully considered and strengthened where appropriate.
1. Embed internal ... Read more...
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10th December 2018 08:48
Data can be found in various places throughout your enterprise. Put simply, it is scattered just about everywhere and it is destroying your business. What happens when data is unlocked in unstructured documents is that processes are inefficient, not to mention that time and money is wasted. It is important to consolidate business information coming from several sources and compile it i ... Read more...
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27th November 2018 09:18
San Francisco
The International Law Event Management Company, Events 4 Sure successfully concluded its 45th Global Legal and Global GDPR Confex in Argonaut Hotel, 495 Jefferson Street, ... Read more...
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By Monica Reyes , Posted:
26th November 2018 11:46
The new Colombian government is facing a problem: While Ivan Duque Marquez, the President, promised throughout his political campaign to reduce income taxes imposed on the corporate sector, his Finance Minister is dealing with a tax deficit that has caused the first diminishment in the credit rating of the country in 15 years.
The Finance Minister has been clea ... Read more...
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By: Vasundhara Rastogi, India Briefing, Dezan Shira & Associates , Posted:
4th October 2018 08:55
A registered office (RO) is the official address of the company recorded with the Registrar of Companies (RoC), India, where all government or legal communications are sent.
The Companies Act, 2013, requires companies to paint or affix its name,as well as the address of i ... Read more...
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1st October 2018 09:18
1.Introduction
The labour market is constantly changing and adjusting to the global setting which has faced: (i) a rapid technological advancement with a widespread acceptance of digital communication devices; (ii) a competitive environment of companies; (iii) the globalisation phenomenon; and (vi) the financial crisis, etc. Within th ... Read more...
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By: Vasundhara Rastogi, ASEAN Briefing, Dezan Shira & Associates, Posted:
20th September 2018 08:53
A labor or employment contract is a binding agreement between an employer and an employee, that addresses important employment terms, including those related to wages, benefits, termination procedures, and the duties and responsibilities of both parties. A well-drafted agreement not only sets out the ground rules of the relationship but also limits risk for both parties. In this ... Read more...
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By Philip Trott, Posted:
11th September 2018 08:35
Organisations going through mergers and/or acquisitions in the UK need to be aware of immigration issues and take careful steps to avoid falling foul of the law.
Prevention of illegal working regime
All employers in the UK are subject to duties regarding the prevention of illegal working. Employe ... Read more...
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By: Bradley Dunseith, China Briefing, Dezan Shira & Associates, Posted:
29th August 2018 12:47
Advances in automation are forcing businesses to reimagine their human resources (HR) and payroll processing workflows. Contrary to popular perceptions, automation will not replace employees, but rather compliment employee’s creative and critical skills – empowering them to be more productive.
Businesses can introduce automation into their organizatio ... Read more...
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By: ASEAN Briefing, Dezan Shira & Associates, Posted:
24th August 2018 08:42
Obtaining a long-term residency status is a cumbersome process for foreigners in ASEAN. The regulations and procedures vary significantly between the countries, and can sometimes be an expensive affair.
In this article, we give an overview of the permanent residency and other schemes available for foreigners wishing to reside in any of the following AS ... Read more...
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By: ASEAN Briefing, Dezan Shira & Associates, Posted:
13th August 2018 09:04
Russian Foreign Minister Sergey Lavrov has been meeting with ministers from the ASEAN bloc of countries in Singapore this past week in preparations for the ASEAN 2018 summit due to be held in November. Several plenary sessions were held, with China’s Foreign Minister Wang Yi also in attendance. Neither Russia nor China is members of ASEAN, however, C ... Read more...
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By Peter Collie, Posted:
9th August 2018 10:04
As construction projects have become more complex, time has become more important and making a return on investment is now integral to projects in a global marketplace where a cheaper alternative was needed to the multi-year litigations that has dogged large projects.
Litigation and Arbitration is a major risk for Contractors and funders and has often become a ... Read more...
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By: Koushan Das, Vietnam Briefing, Dezan Shira & Associates, Posted:
8th August 2018 09:05
According to the new Law on Technology Transfer dated 19 June 2017 and Decree No. 76/2018/ND-CP which was issued on 15 May 2018, registration of technology transfer has been made mandatory from July 1, 2018, in Vietnam. Earlier, registration was only mandatory for technology transfers which were restricted.
Types of technology transfers ... Read more...
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By Alfredo Kupfer Dominguez & David Eugenio Puente Tostado, Posted:
7th August 2018 09:06
In its continued efforts to be competitive in a global market, Mexico set an ambitious target to become part of the Transpacific Partnership Agreement (TPP). However, a requirement for all potential members of this Pacific free trade alliance is to include effective measures to comply with certain general principles on labour matters in national legislation: independent and specialised courts, obl ... Read more...
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By Anthony Bahr, Posted:
24th July 2018 08:33
Over the past decade, there has been a drastic increase in both the number and the value of cross-border mergers and acquisitions. Today, cross-border deals account for roughly 40% of global M&A activity, and there is little evidence to suggest this trend has plateaued as acquirers continuously evaluate new growth and diversification opportunities outside of their home markets. ... Read more...
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By Kaoru Haraguchi, Posted:
20th July 2018 08:49
Under the labour laws of Japan, an employee is highly protected and the dismissal of the employee or the termination of employment is heavily restricted.
Recently, a couple of new issues have emerged concerning the dismissal and termination of an employee. The first of which is the notice of the definition of sexual harassment in the rules of employment of the ... Read more...
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18th July 2018 08:38
In the United States, about 7.26 billion barrels of oil and gas were consumed in 2017, which breaks down to about 19.88 million barrels each day. That number is a .98% increase from 2016, but it's lower than the daily gas and oil usage from 2003-2007, when the daily rate of oil consumption exceeded 20 million gallons. Individually, we use about 2.5 gallons of oil daily. That translates to ... Read more...
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By Diego Montenegro, Posted:
17th July 2018 10:18
The promulgation of Law No. 11,101/2005 (LRFE) has brought an undeniable advance to the Brazilian insolvency system, as it contemplates truly effective tools in order to make possible the upliftment of viable companies in temporary economic and financial difficulties.
Despite all positive aspects, the experience gained throughout almost 13 years of validity has ... Read more...
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By Marcel A.G. Reurs, Posted:
13th July 2018 08:55
What is a ‘posted worker’?
A ‘posted worker’ is sent by his employer to temporarily work in another country than where he normally works to carry out a contracted service (‘service provision’), work for an undertaking, belonging to the same group of undertakings as his empl ... Read more...
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By Daniel García Barragán L., Posted:
10th July 2018 09:06
Mexico, alongside some of the other major Latin American countries, has become an active hub for arbitral proceedings. This reflects the modern and arbitration friendly legal framework in place, as well as a healthy set of arbitral jurisprudence created since the adoption of the UNCITRAL Model Law in 1993.
In this vein, Articles 1457 and 1462 of the Mexican Com ... Read more...
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By: Dezan Shira & Associates, Vietnam Briefing, Dezan Shira & Associates, Posted:
9th July 2018 08:59
Labor intensive sectors continue to be the growth drivers for Vietnam’s economic development. However, as the world moves towards Industry 4.0, the government has to introduce significant reforms across all the main sectors of the economy, to increase the productivity, skills, and quality of labor to remain competitive.
Labor productivit ... Read more...
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By Fadi Farhat , Posted:
5th July 2018 09:04
Since its introduction approximately 10 years ago, the UK’s Points Based System (PBS) for immigration has sought to achieve clarity, consistency as well as remove elements of decision-making discretion.
Discretion and a lack of prescription as to specified documents were seen as components which contributed to a lack of certainty, and consistency and ... Read more...
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By Peter C. Blain, Posted:
2nd July 2018 08:55
The treatment of trademark licenses under the U.S. Bankruptcy Code (the Code) 11 U.S.C. § 101‑1532, has been the source of controversy. Recently, the First Circuit Court of Appeals decided Mission Product, Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), ruling that licensees under trademark license ... Read more...
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By Koushan Das, Vietnam Briefing, Dezan Shira & Associates, Posted:
29th June 2018 09:08
With the rise in urbanization from 2004 to 2015, waste generated in Vietnam increased from 15.6 million tons to 27.8 million tons annually, an increase of 78.2 percent. Majority of the waste collected ends up in landfills, which contaminates the ground and surface water, increase pollutants, and affect public health. Waste-to-energy technologies offer a cost-effective solution that has ... Read more...
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By Ms. Anomi I Wanigasekera & Ms. Sandamali Kottachchi , Posted:
26th June 2018 11:32
A trademark is a sign used to identify and distinguish the goods of one enterprise from those of another. The Intellectual Property regime of each country provides for the registration of trademarks under their respective laws subject to various conditions.
Whilst certain countries like China grant rights to those who are ‘first to file’ for ... Read more...
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By Thibaut Minot, China Briefing, Dezan Shira & Associates, Posted:
25th June 2018 16:12
Foreign businesses in China are less likely to disregard fraud than in the past. The speed of economic growth in the country detracted attention from cost savings; a more competitive market now means businesses need to build stronger anti-fraud programs to protect margins and improve efficiency.
But preventing and detecting fraud is not getting any easier. ... Read more...
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20th June 2018 10:15
Singapore and India have successfully concluded the much awaited second review of their preferential trade pact – the Comprehensive Economic Cooperation Agreement (CECA).
Enhancements to the CECA w ... Read more...
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By Marjan Kasra, Esquire & Babak Hojjat, J.D., Posted:
19th June 2018 10:25
Under the Trump administration, entry into United States has been severely restricted for nationals of certain countries. Under Travel Ban 1.0, there was extreme chaos experienced at all ports of entry into United States. Airlines refused to board nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen on 27 January 2017, the implementation date of the first Travel Ban. The constitutiona ... Read more...
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By Alan Tilley, Posted:
13th June 2018 08:32
Such is the global reach of business today that even the smallest US mid-market companies may have overseas operations. For European companies operating in the EU single market it is almost the exception rather than the rule. Thus, when a company hits liquidity pressure in one subsidiary or a distressed investment opportunity transcends national boundaries the rules of engagement in distressed res ... Read more...
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By Rohini Singh, India Briefing, Dezan Shira & Associates, Posted:
12th June 2018 08:38
As India integrates into the global market, foreign firms entering the country have to strike a balance between following their own best practices while adapting to local norms and having a firm understanding of legal requirements in the country.
Good human resource (HR) practices streamline organizational functions and ensure low attrition rates ... Read more...
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By Dennis & David Kebrdle, Posted:
11th June 2018 08:54
Our practice at Chikol Equities, Inc. “Chikol” began in the early 1980s when we completed the first of about 15 leveraged transactions, mostly in the manufacturing and distribution space with our last exit occurring in 1999. We didn’t have sufficient equity to work with, so our transactions relied upon about 95% debt, which was a combination of senior secured and mezz ... Read more...
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By Dorcas Wong, China Briefing, Dezan Shira & Associates, Posted:
8th June 2018 08:11
Australian Trade Minister Steve Ciobo visited China recently, and reaffirmed Australia’s commitment to strengthen the trade partnership between the two countries.
The trip marked the first visit of the year from any high-level Australian minister, and the first visit from Ciobo since Sino-Australian diplomatic relations deteriorated. The Australia ... Read more...
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By Vasundhara Rastogi, ASEAN Briefing, Dezan Shira & Associates, Posted:
6th June 2018 09:20
The Free Trade Agreement (FTA) between the Philippines and the European Free Trade Association (EFTA) will enter into force for Switzerland and the Philippines on June 1, 2018. In March this year, the Philippines’ Senate ratified the FTA with the EFTA as part of the country’s strategy to gain a stronger foothold in the European market. The EFTA comprises of some of ... Read more...
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By Richard I. Fleischer, Posted:
31st May 2018 09:02
U.S. employers who seek to petition for permanent residence on behalf of foreign national workers often face an uphill battle. However, for foreign nationals with advanced degrees or exceptional ability in the sciences, arts or business, the National Interest Waiver offers relief from many of the standard procedures that complicate employment-based petitions for permanent residence. This article w ... Read more...
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By Kirill Osipov & Mikhail Khmara, Posted:
24th May 2018 09:08
As a result of granting a patent for an invention, utility model or industrial design, a patentee gains the exclusive right to use his invention, utility model, or industrial design in any legitimate manner in accordance with Article 1358(1) of the Civil Code of the Russian Federation (hereinafter – the Civil Code). The patentee is entitled at his discretion to permit or prohibit other p ... Read more...
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By Árpád Geréd , Posted:
22nd May 2018 09:28
In 1979, Academy Award nominated director Ridley Scott released the critically acclaimed film Alien with the tagline “In space no one can hear you scream”. While the movie dealt with breaches of a very different kind, in the case of personal data breaches “no one can hear you scream” is a rather fitting description of the legal environme ... Read more...
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By Koushan Das, Vietnam Briefing, Dezan Shira & Associates, Posted:
18th May 2018 08:43
In the last 10 years, the production growth in Vietnam has led to a significant increase in freight traffic, highlighting the importance of ports and the need for further investments in its infrastructure to reduce logistics costs, which currently accounts for 21 percent of the GDP.
As of December 2017, Vietnam has 44 seaports with a total capacity of 470-5 ... Read more...
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By Dr Artur Bunk , Posted:
17th May 2018 08:41
In recent years, the Supreme Court (BGH) rulings on the avoidance of transfers pursuant to § 133 InsO have caused creditors more and more headaches. The granting of generous terms of payment to customers who are in a tense financial situation – often only temporarily – became an increasingly incalculable risk. Trade creditors who in good faith had granted installment p ... Read more...
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By Bradley Dunseith, Associate International Business Advisory, China Briefing, Dezan Shira & Associates, Posted:
16th May 2018 09:01
China’s cloud technology industry is expected to grow to US$103 billion by 2020 as companies continue to digitize their business data and internal systems. The growing demand for cloud technology&l ... Read more...
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By Yu-Li Tsai, Posted:
15th May 2018 08:53
Introduction
According to Article 53 of the Taiwan Patent Act, where regulatory approval shall be obtained in accordance with applicable laws and regulations for the exploitation of an invention patent involving a pharmaceutical or agrichemical, or the manufacturing process thereof, if such reg ... Read more...
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By Nataliia Isakhanova & Ivan Podpalov , Posted:
11th May 2018 08:28
On 1 April 2016, the Law on Public Procurement ("The Law") came into force. The Law was intended to increase the level of transparency and openness of public procurements, optimisation of procurement procedures and the level of competition in the field of public procurements, reduction of corruption through the introduction of electronic procurement system and electronic appeal s ... Read more...
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By Vietnam Briefing, Dezan Shira & Associates, Posted:
10th May 2018 09:04
Vietnam recently issued Decree No. 27/2018/ND-CP (“Decree 27”) which will amend and supplement the previous Decree No. 72/2013/ND-CP (“Decree 72”) that was issued in 2013, with regards to social networks, electronic information, and electronic gaming. The Decree 27 focuses on social network sites, information websites, and online gaming service p ... Read more...
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By Dr Mirza Ahmad LLD(Hon), LLM, Barrister, Posted:
2nd May 2018 08:32
The UK is heading into a sea of uncertainty and choppy waters as it negotiates a best divorce deal from the European Union and then implement change arising from the June 2016 referendum which gave the UK government a legitimate mandate for the UK to exit the EU. However, the Referendum Act 2015 never determined ‘how’ or gave the legal power to the Government to exit the EU.< ... Read more...
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By Dr. Tim Meyer-Dulheuer, Posted:
30th April 2018 09:41
Dr. Meyer-Dulheuer & Partners LLP is a multi-award-winning and certified patent and law firm based in Frankfurt am Main, Germany. We advise our clients in all areas of intellectual property (IP). We represent clients throughout Germany and Europe as well as internationally in the areas of patent law, trade mark law, employee invention, copyright law, protection strategies, patent applicati ... Read more...
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By Carol Lyons, Posted:
27th April 2018 09:03
In Canada, the Office of the Superintendent of Financial Institutions (“OSFI”) is the federal regulatory authority over life insurers. On 29 March 2018, OSFI published its final version of a new guideline entitled Life Insurance Capital Adequacy Test Public Disclosure Requirements&nb ... Read more...
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By Yohan A. Zingile & Dr Martins I. Imudia , Posted:
26th April 2018 08:26
Since the implementation of the Investors Visa Program, the United States continues to encourage the flow of major investments to help stimulate the economy through job creation. In exchange for the investments made, the United States offers its foreign investors a variety of immigrant and nonimmigrant visa options. This trend has somewhat changed under the Present Trump Administration of buy Amer ... Read more...
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By Saifullah Khan, Posted:
24th April 2018 08:19
“Competition is not only the basis of protection to the consumer, but is the incentive to progress”
- Herbert Hoover
Competition is the lifeblood of strong and effective markets.If there is no competition in the market, there would be no incentive to ... Read more...
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By Hazel Wang, China Briefing, Dezan Shira & Associates, Posted:
20th April 2018 08:28
On November 24, 2017, the Ministry of Human Resources and Social Security (MHRSS) invalidated a number of guidelines for employers in China.
Among them, the Measures on Severance Payment for Breaking or Terminating Labor Contracts (Lao Bu Fa [1994] No. 481) (referred to as “Circular No. 481”). Circular No. 481 ... Read more...
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By Dr. Magnus Hirsch & Madeleine Metzner , Posted:
19th April 2018 08:39
The damage caused by counterfeit and piracy products is a major problem and threat in the European Union as well as in Germany. In combatting counterfeit and other IP infringements, the rights owners have several options and can seek the help of various instances. While the following article specifically looks in to the enforcement side of measures, preparation by clear and strong registrations of ... Read more...
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By Deirdre Taylor, Posted:
17th April 2018 08:30
Following the UK Brexit referendum in June 2016, as of 29 March 2019 (subject to political developments) the UK will no longer be a Member State of the European Union (“EU”). The likely impact of this on the areas of merger control, antitrust, and private litigation is explored below.
Merger Control
... Read more...
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By François Garneau, Posted:
13th April 2018 08:35
Over the past few weeks, the Quebec Government has introduced legislation to modify the provisions of the Labour Standards Act (the “LSA”). The Quebec Government has also modified the existing anti-corruption legislation, in order to enable the Director of Public Prosecutions (the “DPP”) to intervene directly in civil and administrative proceedings where it ... Read more...
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By Sadat Sayeed, Posted:
12th April 2018 08:40
Under the UK’s managed migration framework, known as the ‘Points Based System’, there are two categories which provide for non-EU foreign nationals to reside, and eventually settle, in the UK based on investment. They are the Tier 1 (Investor) and Tier 1 (Entrepreneur) categories.
The UK’s immigration system is controlled ... Read more...
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9th April 2018 08:26
The Pentagon have confirmed that they are "very concerned" regarding the effect Russian sanctions may have on the bonds and defense ties currently enjoyed by the US and India. Russia has indicated that India could face sanctions over buying high value military defense items from Russia under the Countering America's Adversaries Through Sanctions Act (CAATSA).
... Read more...
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By Vasundhara Rastogi, ASEAN Briefing, Dezan Shira & Associates, Posted:
3rd April 2018 09:46
Spread across more than 17,500 islands, the Indonesian archipelago is a pivotal trading hub in Southeast Asia. The island country borders Malaysia, Timor-Leste, and Papua New Guinea by land, and Christmas Island, India, ... Read more...
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By Alexander Chipman Koty, China Briefing, Dezan Shira & Associates, Posted:
29th March 2018 08:38
China announced a sweeping restructuring of its government institutions at the ongoing Two Sessions meetings in Beijing.
The government overhaul is China’s most sig ... Read more...
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By Dhruv Gupta, Partner, Lakshmikumaran & Sridharan , Posted:
27th March 2018 10:49
2017 witnessed several changes in Indian competition law that are likely to have an impact on both antitrust enforcement as well as domestic and cross-border M&A transactions in the country. Some of these changes included the substitution of the Competition Law Appellate Tribunal with the National Company Law Appellate Tribunal (“NCLAT”) as the first appellate authority ... Read more...
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By Bradley Dunseith, India Briefing, Dezan Shira & Associates, Posted:
26th March 2018 08:45
French President Emmanuel Macron landed in Delhi late last Friday – to a warm reception by Prime Minister Narendra Modi. The move is a marked departure from the recent Canadian official visit, almost a statement of India’s strong ties with F ... Read more...
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By Patricia Vidal & Ana Raquel Lapresta Bienz , Posted:
20th March 2018 08:39
The Spanish Competition Authority (“SCA”) has been highly active in its enforcement of competition regulations, having imposed significant fines on companies for antitrust infringements. The SCA recently introduced or enhanced two specific tools aimed at increasing the deterrent effect of sanctions: (i) the possibility of the imposition of sanctions on natural persons and (ii) ... Read more...
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By Steven E. Warner & Kathryn E. Easterling, Posted:
16th March 2018 08:32
On 22 May 2017, the Supreme Court of the United States held that 28 U.S.C. §1400(b), known as the “patent venue statute,” limits the “residence” of a domestic corporation to the state of incorporation for purposes of personal jurisdiction. Courts and lawyers alike have since been working to determine the effects of TC Heartland ... Read more...
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By Alexander Chipman Koty, China Briefing, Dezan Shira & Associates, Posted:
15th March 2018 09:07
The Chinese government announced its GDP growth target and policy priorities for 2018 at the annual Two Sessions meetings, China’s largest political event of the year.
This year’s Two ... Read more...
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By Markus Heidinger, Wolf Theiss, Vienna, Posted:
14th March 2018 08:52
The EU passport is a key component of the UCITS and AIFM regime as it allows fund promoters / managers to market their funds in other EU Member States without having to apply for any additional authorisation. However, a notification procedure (see below) needs to be followed which has been simplified following the implementation in EU Member States of UCITS IV and AIFMD.
< ... Read more...
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By Giovanni Foti, Posted:
12th March 2018 08:16
Significant steps have been taken in order to fight bribery and corruption in Italy, first with Legislative Decree no. 231/2001 (on administrative liability of legal entities), followed by Law no. 190/2012 (on prevention and suppression of corruption within public administration) and Legislative Decree no. 38/2017 (on corruption among private parties).
The prog ... Read more...
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By Nataliia Isakhanova & Olesia Kryvetska , Posted:
9th March 2018 08:54
Ukraine and Russia have accumulated a “critical mass” of the controversial issues that have led both parties to the WTO dispute settlement forum.
Both states are parties to the Commonwealth of Independent States (CIS) Free Trade Agreement of 1994. This FTA also provides a dispute settlement mechanism under the Annex 4 to the FTA. However, th ... Read more...
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By Alvaro Sabbagh, Posted:
1st March 2018 08:50
The legal framework for crude oil transportation by pipelines in Colombia dates from 1953, the year in which the Petroleum Code was issued in Decree 1056/1953. Since then, there have been no major legal modifications, with the exception of certain regulations issued by the Ministry of Mines and Energy (MME) in 2010 and 2014, which mainly aim to specify certain rules for the transportation activity ... Read more...
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By Deanna Wong, Posted:
26th February 2018 08:38
While there is still ongoing controversies surrounding IP laws and their enforcementin China, no one would disagree that there has been a lot of development in this area. Ultimately, effective IP enforcement in China is a strategic use of the IP protection options that are already available while understanding the commercial and at times, political landscape. The key is to effectively combine the ... Read more...
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By Lim Zhi Jian, Posted:
23rd February 2018 09:05
Fundamentally, the purpose of registration of a trade mark is in order to secure exclusive use of the said trade mark.
However, obtaining a trade mark registration certificate neither guarantees perpetual ownership nor indefeasibility of title, as the validity of the registration is a rebuttable presumption and does not preclude its removal by a third party. ... Read more...
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By Beven Schwaiger, CEO, integrum Management Systems, Posted:
16th February 2018 09:00
At integrum we are fortunate to work with many types of companies and industries across the globe, from global Fortune 500 companies and government departments to small, nimble enterprises. We assist them to implement best of breed risk and compliance management systems (GRC, QHSE, Sustainability etc) and work with their teams on how to better manage and track their business operations ... Read more...
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By India Briefing, Dezan Shira & Associates, Posted:
15th February 2018 08:51
India’s latest federal budget hiked customs duty on a range of popular imports. The list of imports affected include ... Read more...
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By Dennis Miralis, Partner at Nyman Gibson Miralis , Posted:
12th February 2018 09:13
Legislators and law enforcement agencies have been fighting an uphill battle to combat corporate and white collar crime in Australia.
One of the proposed methods for dealing with such crime is the introduction of a deferred prosecution agreement (“DPA”) scheme, based on ones already in force for over a decade in the United Kingdom and the Un ... Read more...
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By Alvaro Sabbagh, Posted:
6th February 2018 09:06
The legal framework for crude oil transportation by pipelines in Colombia dates from 1953, the year in which the Petroleum Code was issued in Decree 1056/1953. Since then, there have been no major legal modifications, with the exception of certain regulations issued by the Ministry of Mines and Energy (MME) in 2010 and 2014, which mainly aim to specify certain rules for the transportation activity ... Read more...
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By Koushan Das, Vietnam Briefing, Dezan Shira & Associates, Posted:
5th February 2018 08:17
Fuelled by rapid growth and increased FDI, 2017 emerged as one of the strongest years for Vietnam. With the GDP growing at 6.81 percent, record high FDI, and trade figures reaching an all-time high of US$400 billion, Vietnam will continue to remain a priority for investors in 2018. Opportunities not only exist in the traditional sectors such as garments, footwear, and electronics but also in renew ... Read more...
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By Lou Rodriguez, Posted:
26th January 2018 09:08
In the euphoric moment of writing wedding vows, I am sure no one has ever written, “For better, for worse, or until the house sells for a profit.” But as life would have it, if you have married, are now getting a divorce and own marital property, this is exactly what all parties want.
The fact is; decisions regarding pro ... Read more...
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By Jodi Avergun, Posted:
24th January 2018 08:25
Companies that are either located in, or transact business in the United States – even if they are not in highly regulated industries like health care or finance – are subject to an almost ever-increasing array of regulations with which they must comply. Add to that the financial incentives provided by the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consum ... Read more...
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By Dezan Shira & Associates, Posted:
23rd January 2018 08:24
Malaysia’s Digital Free Trade Zone (DFTZ) went live in November 2017 as a joint undertaking between the Malaysia Digital Economy Corporation (MDEC) and China’s Alibaba Group. It seeks to establish Malaysia as a leading logistics center for global marketplaces by opening opportunities for companies both in Malaysia and other ASEAN countries to leverage a platform that enhances c ... Read more...
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By India Briefing, Posted:
22nd January 2018 08:06
To a foreigner, the terms Tier II and Tier III might suggest that these cities will become Tier I cities in the near future. However, this is not necessarily the case – Indian cities are classified purely on the basis of their population size.
Accordingly, foreign companies that are interested in locating in a Tier II or Tier III city should carefully consider ... Read more...
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by Anthony Trace QC at 4 Pump Court, Posted:
16th January 2018 08:40
In any society there needs to be a system for the resolution of disputes. The question for the next decade or so is what that system should be. In my 35 years as a litigator at Maitland Chambers, before I left and moved to 4 Pump Court to pursue a career as a full time Mediator, I had to act pro bono for a significant number of people with legal grievances because they could not afford to pay the ... Read more...
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By Dezan Shira & Associates, Posted:
15th January 2018 08:11
The Rights of Persons with Disabilities Act, 2016 along with the Rules (for implementation) have recently been enacted by the federal government. The new law protects disabled persons in India from various forms of discrimination, ensures their access to equal employment opportunities, and enhances their societal participation.
The Disabilities Act of 2016 is in accordan ... Read more...
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By Hilal Itani, Posted:
11th January 2018 08:33
Innovation and technological advancements have reshaped the construction industry in many ways compared to what it was a few decades ago. However, this has not reduced the number of disputes that arise within the industry. Construction is currently regarded as one of the most conflict and dispute-ridden industries, which has resulted in it being one of the most claim orientated sectors. ... Read more...
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By Dezan Shira & Associates, Posted:
10th January 2018 11:14
Coworking and incubator spaces have expanded quickly throughout major cities as China’s entrepreneurial drive accelerates. The government had been slow to regulate coworking spaces ... Read more...
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8th January 2018 08:26
Who Are The Main Regulators And What Are The Key Legislations That Apply To Technology, Media & Telecommunications (“TMT”) In Your Jurisdiction?
The Federal Trade Commission (“FTC”) is the primary regulator for promotion of consumer protection and the elimination and prevention of anti ... Read more...
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By Dezan Shira & Associates, Posted:
5th January 2018 08:33
The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 came into effect December 20, 2017. The 2017 Act replaces the Maharashtra Shops and Establishment Act of 1948.
... Read more...
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By Daniel García Barragán L., Posted:
4th January 2018 08:29
Mexico, alongside some of the other major Latin American countries, has become an active hub for arbitral proceedings. This reflects the modern and arbitration friendly legal framework in place, as well as a healthy set of arbitral jurisprudence created since the adoption of the UNCITRAL Model Law in 1993.
In this vein, Articles 1457 and 1462 of the Mexican Com ... Read more...
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By Dezan Shira & Associates, Posted:
3rd January 2018 08:19
Vietnam’s Ministry of Construction is going to introduce changes in construction regulations to create favourable conditions for construction and real estate businesses. The Ministry of Construction has proposed a new law to revise the Law on Construction 2014, the Law on Housing 2014, the Law on Real Estate Business 2014, and the Law on Urban Planning 2009. Changes in the laws would str ... Read more...
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By Cameron Ford, Posted:
22nd December 2017 09:17
Multi-tiered dispute resolution clauses are controversial, with in-house counsel tending to favour them and external disputes lawyers feeling frustrated by them. When a dispute reaches external counsel, generally they and the client simply wish to commence proceedings. Admittedly, this is a generalisation, with the nature of the industry and the type of dispute provoking different reactions at tim ... Read more...
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By Hana Gawlasová & Marek Hrubeš , Posted:
20th December 2017 08:22
The introduction of net neutrality regulations in the EU and the US has been one of the most discussed topics in the TMT industry in the past few years.
The term “net neutrality” refers to the principle that internet service providers (ISPs) should treat the flow of all data traffic between the providers of content, applications and services ... Read more...
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19th December 2017 08:23
Last year, Michael Jordan finally received a favorable verdict from the Supreme People’s Court in China. The verdict came after a long drawn out legal battle against Qiaodan Sports, a multi- million dollar Chinese sportswear company who was using the Chinese transliteration of Jordan’s name as its registered trademark.
After losing several cases befor ... Read more...
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By Leigh Crestohl, Zaiwalla & Co LLP, Posted:
18th December 2017 08:25
At a time of unprecedented economic growth, the Indian Government is pursuing a policy to position India as a global ‘arbitration hub’. It is an ambition rooted in the view that sustainable economic growth depends on creating a legal and institutional framework that bolsters international confidence.
The pace of legal reform and development ... Read more...
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By Dezan Shira & Associates, Posted:
15th December 2017 08:38
On December 6, 2017, Myanmar’s President U Htin Kyaw approved the new Myanmar Companies Act, 2017, replacing the country’s century-old Companies Act of 1914. The new law aims to change the way companies are regulated in the country. It will modernize company formation and management, and significantly revise corporate governance in Myanmar, bringing the country’s comp ... Read more...
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By Peter Vinden, Posted:
12th December 2017 08:33
Search the web for long enough and you will be sure to find many scholarly articles and books on the subject of mediation. So why produce another one? Well, firstly, I wouldn’t describe this article as scholarly. Secondly, too many articles I have read, whilst being laudable academic pieces of work, are not targeted at the user. This article is, I hope, targeted at users of the process r ... Read more...
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By James Hayton , Posted:
5th December 2017 08:24
Pursuing arbitration against a company which has entered formal insolvency is rarely an enticing prospect. The company may not have sufficient assets to satisfy an award and, even if it does, there are legal rules in most advanced jurisdictions designed to prevent the pursuit of individual claims against such a company outside collective insolvency proceedings. In practice, nevertheless, resorting ... Read more...
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By Giangiacomo Olivi & Saverio Cavalcanti – DLA Piper Italy, Posted:
29th November 2017 08:59
1. Background. AVMSD Reform and DSM Strategy
On 25 May 2016, the EU Commission adopted a new legislative proposal ("Proposal") amending the Audio-Visual Media Services Directive no. 2010/13/EU ("AVMSD") and very recently (24 May 2017) EU Council adopted its "General Approach" on ... Read more...
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28th November 2017 09:12
The EU – via the EU Commission – has enacted two key regulations relating to data processing: the General Data Protection Regulation (GDPR) and the Network and Information Security ... Read more...
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By Nikki Nang Nilar ACIArb, Posted:
27th November 2017 10:18
Against the backdrop of increasing protectionism and populism, especially visible in the US and Europe, the international arbitration community has recently faced unprecedented scrutiny. With investor-state arbitration under ... Read more...
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By Hari Subramaniam (Subramaniam & Associates), Posted:
23rd November 2017 08:12
History
While India is often considered to be a nascent jurisdiction, the reality is that India had its first codified Patent legislation over a century ago in the form of Indian Patents & Designs Act, 1911. Under this legislation, Indian Courts also had important judicial pronouncements including the equivalent of what is t ... Read more...
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By Clarice T. H. Chen, Posted:
20th November 2017 08:45
Though regulations of intellectual property rights in different countries tend to harmonise, each country has its own story and Taiwan is included. Similar to many other countries, Taiwan provides patent protection to medical uses. However, since “diagnostic, therapeutic or surgical operation methods for the treatment of humans or animals” are not patentable subject matter acco ... Read more...
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By F. Peter Müller, Posted:
16th November 2017 08:41
In December 2015, the European Parliament and Council significantly amended the trade mark law of the European Union by REGULATION (EU) 2015/2424 and also by DIRECTIVE (EU) 2015/2436 harmonising the trade mark laws of the EU member states. Parts of the amended REGULATION already entered into force on 23 March 2016, whereas other parts requiring implementing legislation will enter into force on 1 O ... Read more...
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By Dezan Shira & Associates, Posted:
15th November 2017 08:37
Aadhaar has become one of India’s most convoluted government policies in recent times.
Even as the ... Read more...
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By Olga K. Santoso, (OKS), Posted:
14th November 2017 08:24
To take legal action based onawell-known mark in Indonesia can be frustrating due to unclear rules regarding well-known marks. Complications arise further when the infringed mark belongs to a different class of goods/services because there has not been any implementing regulation on that subject.
The relevant provisions under the Law Number 15 Year 2001 regardi ... Read more...
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By Dezan Shira & Associates, Posted:
3rd November 2017 08:19
China will ban the import of 24 types of waste by the end of the year as part of a campaign against “foreign garbage”.
The ban was announced by five government agencies in July and will go into effect on December 31, 2017. It affects several classes of waste including waste plastic, glass, slag, waste wool, ash, cotton, yarn, and unsorted paper. ... Read more...
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By Dezan Shira & Associates, Posted:
24th October 2017 09:40
The much-awaited Turkey-Singapore Free Trade Agreement (TRSFTA) went into effect on October 1, this year. The agreement paves the way for freer movement of goods and services, and further investment opportunities between the two countries. The TRSFTA was first signed in November 2015 and covers a wide range of areas including goods and services, e-commerce, intellectual property rights, competitio ... Read more...
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By Robert B.G. Horowitz (BakerHostetler), Posted:
20th October 2017 08:41
The Defend Trade Secrets Act of 2016 (“DTSA”), Pub. L. No. 114-153, effective on May 11, 2016, is landmark legislation in the field of intellectual property law. The law was created to reduce trade secret theft and, for the first time, provides a federal private civil cause of action for trade secret misappropriation exists.
The DTSA is an e ... Read more...
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By John Richards, Ladas & Parry LLP, Posted:
17th October 2017 08:40
Traditionally, American law has favored patent law over trade secret law on the basis that publication of inventions was good for the economy. Indeed at one time there was a concern that since Congress had
not enacted a trade secret law, there could be no protection for trade secrets since any attempt by the states to protect trade secrets would be preempted by the patent law. These c ... Read more...
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By Dezan Shira & Associates, Posted:
16th October 2017 08:45
Laos, officially Lao People’s Democratic Republic (Lao PDR), issues several types of work visas to foreigners planning to work in the country, based on the type of employment and projects assumed by them. Some of these are given below:
Expert Visa (E-B2) – for foreign workers employed in international organizations or non-government organ ... Read more...
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By Richard H. Golubow, Posted:
11th October 2017 09:12
United States based brick and mortar retailers are filing for bankruptcy protection at the highest rate since the Great Recession, with at least nine filings in the first quarter of 2017. That equals the number of bankruptcy filings for all of 2016. It also puts the industry on pace for the highest number of bankruptcy filings since 2009, when 18 brick and mortar retailers sought bankruptcy protec ... Read more...
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By Peter C. Blain, Posted:
9th October 2017 08:44
On 22 March 2017, the United States Supreme Court decided Cryzewski v. Jevic Holding Corp., No. 15-649, 2017 WL 1066259 (U.S. 22 March 2017), a case which addressed the use of structured dismissals to resolve proceedings under Chapter 11 of the United States Bankruptcy Code (the "Code"). 11 U.S.C. §§&n ... Read more...
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By Dezan Shira & Associates, Posted:
3rd October 2017 08:45
Social security is a complicated but unavoidable issue in employer-employee relationship management for businesses operating in China. With labor costs continually rising and economic growth slowing, it is not uncommon that companies may endeavor to look for ways to circumvent social security obligations.
However, are social security contributions really a burden for companies? Can co ... Read more...
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By Eiríkur Elís Þorláksson & Benedetto Valur Nardini, Posted:
2nd October 2017 10:15
1 Issues Arising When a Company is in Financial Difficulties
1.1 How does a creditor take security over asset ... Read more...
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By Dr. Arne Vogel, Posted:
22nd September 2017 08:43
In 2008, the German legislature introduced a limited liability company with a minimum registered share capital of €1, the so called “Unternehmergesellschaft” (“UG”), often translated as “entrepreneurial company”. This article is meant to give a short introduction to the UG and its formation procedure. We will also take a look on ... Read more...
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By Dezan Shira & Associates, Posted:
20th September 2017 07:48
Vietnam will be introducing a customs bond system to facilitate customs clearance and reform import and export procedures. The joint project launched by the Global Alliance for Trade Facilitation (GATF) and Vietnam Private Sector Forum (VPSF) on 1st September will help in modernizing the import and export administrative procedures. GATF will work with local government agencies and monitor the Viet ... Read more...
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By Dezan Shira & Associates, Posted:
14th September 2017 08:36
Under the Foreign Investment Act, 1991, which was amended in 2015, a vast majority of industries in the Philippines are completely open to overseas investment, allowing 100 percent foreign ownership in most cases. The country managed to attract over US$ 7 billion of FDI in 2016, 25 percent more than the previous year. The UNCTAD World Investment Prospects survey positions the Philippines as the 11 ... Read more...
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By Merrie L. Chappell, Esq., with contributions by Addison Freebairn, Posted:
12th September 2017 12:02
On Appeal, the United States District Court in Colorado ruled in November 2016 that student loan debt, if incurred with a profit motive, is classified as non-consumer debt for the purposes of an 11 U.S.C. §707(b)(1) dismissal. Palmer v. Laying, 559 B.R. 746 at 748 (D. Colo. 2016) (“Palmer II”). This ruling substantially altered ... Read more...
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By Steven De Schrijver & Fauve Vander Schelden, Posted:
11th September 2017 08:30
Over the past years, security breaches and malware attacks have become increasingly common. Traditionally, strategic investors and PE firms mainly focused on financials, employment and strategy when carrying out their M&A due diligence. According to a report of NYSE Governance Services/Veracode, less than 50% of the acquiring companies carried out a cybersecurity and I ... Read more...
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7th September 2017 08:46
Who are the main regulators and what legislations apply to immigration law in your jurisdiction?
Mazz:Under Italian jurisdiction, the following authorities administer the immigration system:
Ministry of the Interior. Prefectures represent such Ministry ... Read more...
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By Dezan Shira & Associates, Posted:
6th September 2017 08:42
Foreign nationals planning to work in Cambodia must obtain a valid E-class visa, previously known as ‘business’ or ‘ordinary’ visa, along with a work permit and employment card issued by the Ministry of Labor and Vocational Training (MLVT).
Besides, foreign applicants must satisfy the following conditions:
&l ... Read more...
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By Sam Kay & Anthony McWhirter, Posted:
30th August 2017 08:49
UK limited partnerships are the most common structure for European private equity and venture capital funds and, in recognition of the importance of the private investment funds business to the UK finance sector, the Government has introduced important reforms to the UK limited partnership law applicable to private investment funds, taking effect on 6 April, 2017. These reforms are designed to sim ... Read more...
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25th August 2017 08:52
Companies in China with soon-to-be outdated certification would be wise to put the Five-in-One business license amendment on their upcoming agenda.
China’s Five-in-One system combines a business&rsqu ... Read more...
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By Ana Menezes Monteiro , Posted:
22nd August 2017 08:23
Data is a new currency. In today’s ever evolving use of data – such as self-driving cars, mobile health apps, geo-location apps and the omnipresent smart phones – it has become the most prized asset. And everyone wants more information and more data which in most instances means more personal data, or as the Americans call it, more PII.
... Read more...
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By Simon Potter, Pierre-Jérôme Bouchard & Léa Chebli, Posted:
21st August 2017 08:39
Manufacturers should brace themselves to face an even greater number of class action lawsuits from consumers in the province of Quebec.
This increase can safely be predicted on the basis of a number of factors, including rulings by the Supreme Court of Canada that have drastically lowered the threshold for authorisation (certification), even to the point of eli ... Read more...
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By Steven Weisz, Posted:
18th August 2017 09:18
The Ontario Superior Court of Justice in Canada (the “Court”) recently granted a novel application brought by a court-appointed Monitor in the insolvency proceedings of Essar Algoma Steel Inc.(“Essar Algoma”) for an equitable remedy under one of the corporate statues in Canada, commonly known as the oppression remedy. We believe ... Read more...
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By Dezan Shira & Associates, Posted:
17th August 2017 09:00
For expatriate workers and their employers in Singapore, understanding the process to obtain a valid employment permit is vital. The Singapore government’s Ministry of Manpower (MoM) issues a wide range of work passes and permits to expatriates planning to work in Singapore. Each of these employment permits is designed for a specific purpose and differs across various categories of emplo ... Read more...
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By Sönke Lund & Consuelo Álvarez, Posted:
16th August 2017 08:22
We are facing the next step towards the digitisation of our society and economy, where many objects and people are interconnected through communication networks and report data about themselves or their surrounding environment. The Internet of Things (hereinafter, “IoT”) era is here to stay and it is changing how companies operate at every level and how they interact with other ... Read more...
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By Roxanne Israel, EY Law LLP, Posted:
14th August 2017 08:35
Workplace dynamics, changing governments and labour market protectionism are influencing a shift in immigration policy resulting in comprehensive reform in North America. While the new US administration’s recent Executive Order, travel ban and subsequent litigation continues to grab headlines, Canada is also driving change in their temporary and permanent residence immigration ... Read more...
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By India Briefing, Posted:
11th August 2017 08:33
The goods and services tax (GST) – the biggest tax reform in India – finally came into existence on July 1, 2017, after 17 years of deliberations between successive ruling governments and opposition parties.
While the ... Read more...
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By Andres Rincon, Posted:
7th August 2017 09:48
The world is in constant change and biotechnological inventions have transformed its relevance from just classic fermentation processes, to genes, recombinant DNA, monoclonal antibodies, nucleic acids, recombinant proteins, vectors or microorganisms of most importance for mayor IP players around the globe, not only in the pharmaceutical industry, but also in agriculture, oil & gas, and eve ... Read more...
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By India Briefing, Posted:
3rd August 2017 11:10
The service sector is a key driver of economic growth in India, contributing to over 50 percent of the country’s overall Gross Domestic Product (GDP). Key services in terms of revenue generation include business activities such as trade, hotel and restaurants, real estate, logistics and warehousing, finance, and insurance.
The Goods and Services Tax ( ... Read more...
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2nd August 2017 08:19
What impact has globalisation had on immigration trends?
Lawmakers have to deal with the delicate issue of protecting the national labour market from competition from foreign workers desiring to work in France, and French business which is trying to be competitive in a global economy. The balance between protecting nationa ... Read more...
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By China Briefing , Posted:
1st August 2017 08:14
Transparency International’s latest Corruption Perception Index places most countries in the Asia Pacific region in the bottom half of their world ranking. And given the prevalence of contract manufacturing in countries like China, India, ... Read more...
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By Angelo Zambelli, Posted:
17th July 2017 08:13
On May 10, 2017 the Italian Parliament has approved a new piece of legislation containing measures for the protection of the self-employees and to promote smart-working.
The new regulation on self-employees will affect more than two million consultants introducing a series of new measures in their support, concerning welfare requirements, unfair clauses and maternity.< ... Read more...
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By ASEAN Briefing, Posted:
10th July 2017 08:27
The Philippines is an archipelago comprising of 7,641 islands. The country shares maritime borders with China, Indonesia, Japan, Malaysia, Taiwan, Vietnam, and the island nation of Palau. In 2015, the Philippines exported goods valued at US$77.9 billion and imported products worth US$76.8 billion. The Philippines’ top export destinations are China, Japan, the United States, and Singapore ... Read more...
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29th June 2017 08:36
Negotiated settlement is often required to sever the employment of a senior manager with minimal disruption and expense. This is nowhere more true than in China, where private dispute resolution is strongly favored.
However, in China, the labor dispute system encourages compromise and payment of severance. In some cases, this can encourage employees to negotiate aggressively to force ... Read more...
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28th June 2017 08:15
Life is a dynamic experience, and it can take a drastic turn at any time, for example, being involved in a road accident. Whether you are on the right or wrong side of the law, having good counsel at your disposal can come in handy.
Horlick Levitt Di Lella LLP is a law firm with the most qualified barristers and solicitors; experts in dealing with injured victims involve ... Read more...
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By IÑIGO GOMEZ-JORDANA, Posted:
27th June 2017 08:39
Spanish regulatory provisions applicable to takeover bids distinguish two basic categories of takeovers: takeover bids when control of a listed company is obtained (i.e., mandatory bids) and voluntary bids.
This article provides a summary review of each of these two categories.
1. Mandatory bids when control is ... Read more...
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By China Briefing, Posted:
26th June 2017 08:13
China’s sweeping new Cybersecurity Law (“the Law”) came into effect on June 1 amid widespread anxiety from the foreign business community. Many in the private sector were concerned by the Law’s stringent requirements, am ... Read more...
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By Parra Rodríguez, Posted:
21st June 2017 09:46
Since 1971, the formation of companies in Colombia has been regulated by the Colombian Commerce Code (Decree 410 of 1971). This Code, applies to the incorporation of different types of companies excepting the Simplified Corporation that was created via Law 1258 of 2008.
The Commerce Code allows for the creation of the following types of companies: (i) corporations, (ii) ... Read more...
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By ASEAN Briefing, Posted:
16th June 2017 08:32
As Myanmar continues to liberalize its regulatory landscape, new opportunities are emerging for cross-border trade. Myanmar borders India and China – the world’s most populous countries – and is a member of the Association of Southeast Asian Nations (ASEAN). Political reforms in Myanmar has spurred world powers to lift trade sanctions against the South East ... Read more...
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15th June 2017 08:56
Can you talk us through the current transfer pricing landscape in your jurisdiction?
Australia’s transfer pricing landscape has changed dramatically over the past few years, partly as a result of the OECD’s BEPS project and partly because for a long time the Australian Taxation Office (“ATO”) has pursue ... Read more...
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By Vietnam Briefing, Posted:
14th June 2017 08:03
Vietnam’s social insurance scheme is undergoing a series of changes influencing both the statutory contribution rates required of enterprises as well as the types contracts triggering liability. With rate reductions applied from June 2017 and introduction of a wider liability for social insurance contributions scheduled for early 2018, foreign and domestic companies alike will be require ... Read more...
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By Joël Grangé , Posted:
13th June 2017 08:54
The Hollande presidency was the source of many labour law reforms. The newly elected President Macron promises to continue and accelerate this trend.
Macron Law
The Macron Law on growth, activity and equal economic opportunities, published on 7 August 2015, implements key reforms concerning colle ... Read more...
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7th June 2017 09:09
Who Are The Main Regulators And What Are The Key Legislations That Apply To The Cybersecurity In Your Jurisdiction?
For several years national and European regulators have focused more and more on cybersecurity and cyber risks. This is reflected, for example, in the importance placed on cybersecurity in studies and international forums such a ... Read more...
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By Alfredo Kupfer-Domínguez and David Puente-Tostado , Posted:
5th June 2017 09:29
Mexico’s current administration has been making important efforts to enact legislation that responds to requirements of a more competitive global economy. Labor law saw an amendment in 2012 introducing important new rules to make more flexible hiring and terminating employees, and limiting back pay accrual during the litigation process.
Although the r ... Read more...
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By India Briefing, Posted:
26th May 2017 08:43
Effective May 1, 2017, the Real Estate (Regulation and Development) Act, 2016 (RERA) will regulate all land development bodies (public and private) that develop real estate for the general public. This includes both r ... Read more...
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By Peter Godwin, Posted:
25th May 2017 08:21
On 24 September 2015, Prime Minister Shinzo Abe fired off what he called the "three new arrows" of Abenomics: promotion of economic growth, child-rearing assistance to push up the low birth rate, and social security measures to increase nursing facilities for the elderly.
Shortly thereafter, he announced a new policy: "ichi-oku so-kat ... Read more...
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By Andreas Doepel , Posted:
23rd May 2017 08:17
In many cases, especially in cross-border M&A, foreign buyers of Finnish target companies tend to nominate new board members from their own organisation to oversee the integration and operations of the target, leaving the existing management in place to continue running the day-to-day business.
A recent ruling by the Finnish Supreme Court highlights the ... Read more...
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15th May 2017 08:24
Who are the main regulators and what are the key legislations that apply to the cybersecurity in your jurisdiction?
In the United States, cybersecurity laws are tied to specific data types that are deemed to be particularly sensitive. For example, there are laws regulating the security of health information, financial info ... Read more...
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11th May 2017 10:31
Can You Talk Us Through The Current Competition And Antitrust Landscape In Your Jurisdiction?
When Barack Obama campaigned for presidency in 2008, he vowed “to reinvigorate antitrust enforcement,” if elected. Eight years later, I think most antitrust lawyers would agree that President Obama delivered on this campaign promi ... Read more...
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By India Briefing, Posted:
10th May 2017 08:14
India’s social security system is composed of a number of schemes and programs spread throughout a variety of laws and regulations. Keep in mind, however, that the government-controlled social security system in India applies to only a small portion of the population.
Furthermore, the social security system in India includes not just an insurance paym ... Read more...
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By Patrick Marros Chu & David Tien, Posted:
27th April 2017 11:22
In recent years, owing to a series of food safety scandals in Taiwan, consumer protection groups initiated many product liability class action lawsuits. In May 2011, the Consumers’ Foundation, Chinese Taipei filed the first food safety class action lawsuit on behalf of 561 victims against dishonest food companies that added plasticizers into food sold to their downstream buyers, and dema ... Read more...
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25th April 2017 08:26
Tuesday, 25th of April 2017 (London, England) With gambling revenues on the increase and operators releasing mobile casinos on a regular basis, Compare Free Casino has over 250 app reviews on the site.
The UK online gambling sector experienced double-digit growth in the year April 2015 – March 2016 with revenue surpassing £4.5bn. Glo ... Read more...
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By Sérgio Pinheiro Marçal & Lucas Pinto Simão, Posted:
20th April 2017 08:12
The Brazilian Consumer Protection Code (Law No. 8,078 of 1990) came into force in 1991 and has since been an important instrument in bringing balance to the naturally uneven supplier-consumer relations.
Nearly 25 years have gone by since the inception of the Consumer Protection Code, but even today there are still debates and disputes over how best to interpret ... Read more...
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By Sérgio Pinheiro Marçal & Lucas Pinto Simão, Posted:
10th April 2017 08:23
The Brazilian Consumer Protection Code (Law No. 8,078 of 1990) came into force in 1991 and has since been an important instrument in bringing balance to the naturally uneven supplier-consumer relations.
Nearly 25 years have gone by since the inception of the Consumer Protection Code, but even today there are still debates and disputes over how best to interpret ... Read more...
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By Dr. Arne Vogel, Posted:
6th April 2017 08:09
In 2008, the German legislature introduced a limited liability company with a minimum registered share capital of €1, the so called “Unternehmergesellschaft” (“UG”), often translated as “entrepreneurial company”. This article is meant to give a short introduction to the UG and its formation procedure. We will also take a look on ... Read more...
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3rd April 2017 08:27
Do you own assets that are growing in value, such as shares in a privately held company, a portfolio of investments or land? If so, you may be able to arrange your affairs so as to minimize income tax on any future gain in the value of those assets, save provincial probate fees on your death, and plan for the orderly succession of your wealth into the hands of the next generation. ... Read more...
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30th March 2017 08:46
Have there been any recent regulatory changes or interesting developments?
The key changes indeed include the wide reforms enacted in 2015 that involved almost all areas of employment law in Italy, and in particular the protection of employees in case of unfair dismissal and the industrial relations systems.
... Read more...
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By China Briefing, Posted:
27th March 2017 08:43
Although the new Cybersecurity Law of China is due to come into effect June 1, many companies are still unclear about the specific terms of the law. Given the potentially high cost of non-compliance associated with the law, and the uncertain nature of the guidelines that the government will release, managers should review draft measures and monitor related developments to ensure that their busines ... Read more...
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24th March 2017 08:40
Can you talk us through the current mining landscape in your jurisdiction?
LLC&CO.- Currently the mining industry in Colombia is going through a very interesting and in a certain manner contradictory landscape.
On the one hand it is expected to have four gold mines entering into productio ... Read more...
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By Jacob Blacklock , Posted:
22nd March 2017 09:59
In late 2016, the Standing Committee of the National People’s Congress of the People’s Republic of China (PRC), revised Law on Wholly Foreign-owned Enterprises. A new Article 23 was added to the law stating in part:
"Where the establishment of wholly foreign-owned enterprises does not involve the implementation of special access adm ... Read more...
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20th March 2017 08:47
What Are The Main Factors When Deciding Offshore Location?
The main general factors to consider when deciding on an offshore location are the legal and regulatory regime, political stability, financial strength (e.g. S&P rating), time zone, language spoken, taxation system, geographical accessibi ... Read more...
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By Mark Henry & Charles Kirk , Posted:
13th March 2017 09:09
With offices in Cambridge, Chelmsford, Ipswich and Norwich – and as “panel lawyers” for all of the main clearing banks with a regular workflow from them plus various other funders across different sectors (including pensions lending, trade finance, telecoms financing etc) as well as for our various business clients on taking on board funding / financing in various gui ... Read more...
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By Saima Hanif, Posted:
8th March 2017 08:25
Introduction
1. As Donald Tusk remarked recently, in response to a comment from Boris Johnson that the UK could have its cake and eat it “…there will be no cakes on the table, for anyone. There will be only salt and vinegar…” Teresa May confirmed last month that the UK wi ... Read more...
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By India Briefing, Posted:
6th March 2017 08:12
The government recently published the Employees’ State Insurance (Central) Amendment Rules, 2017. The amendment rules improve the existing maternity welfare benefits for women who have insurance, expanding the ESI (Central) Amendment Rul ... Read more...
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22nd February 2017 11:47
What are the main regulators and legislations that apply to shipping & maritime in your jurisdiction?
The main regulator in the shipping world is the International Maritime Organisation (”IMO”). In the UK the regulations on safety etc are implemented by the Maritime Coastguard Agency (“MCA&rdq ... Read more...
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16th February 2017 08:59
Who are the main regulators and what are the key legislations that apply to your jurisdiction?
Needless to say, California is renowned for its regulatory environment that some have said is not particularly business-friendly. Indeed, the regulators for the construction industry in California number many, including but not limited to ... Read more...
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By Julie Engwirda & Ian Huskisson, Posted:
14th February 2017 08:11
The BVI and Cayman Courts are usually the work horses of the Caribbean international financial centres. 2016 proved to be no different. The past 12 months have seen important decisions coming out of both jurisdictions. We highlight some of the key decisions in this article.
British Virgin Islands
... Read more...
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13th February 2017 08:13
Have there been any recent regulatory changes or interesting developments?
One of the most important developments in years is the introduction of the Gender Pay Gap Reporting Regulations, which come into force in April 2017. This regime will require employers with 250 or more employees to publish on their website th ... Read more...
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9th February 2017 08:51
(i) Introduction
The Brazilian Consumer Protection Code (Law No. 8,078 of 1990) came into force in 1991 and has since been an important instrument in bringing balance to the naturally uneven supplier-consumer relations.
Nearly 25 years have gone by since the inception of the Cons ... Read more...
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By John Anthony Signs , Posted:
3rd February 2017 09:29
The design industry, by nature, is always looking to innovate and push the boundaries aesthetically and with regard to materials, specifications and finishes.
Whilst we will never be able to hang our signs on “sky hooks”, this constant innovation means that designers, architects, shopfitters and main contractors need to rely heavily on their ... Read more...
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By ASEAN Briefing , Posted:
31st January 2017 08:20
Following Thailand’s 2014 coup, there were suggestions that the incoming military-led government would implement protectionist policies that would restrict investment into the country by foreign firms. However, in the years that followed there was a significant shift in the outlook of Thailand’s leaders. Barriers were lowered and restrictions reduced in a number of industries; ... Read more...
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By Kurt R. Karst, John R. Fleder & Robert A. Dormer , Posted:
26th January 2017 08:29
FDA is often called upon to make difficult decisions when a blockbuster drug is about to go off patent protection. These decisions generally fit into three categories. Often, the question is whether a brand-name drug company is entitled to extended exclusivity (perhaps due to an assertion that a provision of the Federal Food, Drug, and Cosmetic Act (FDC Act) confers marketing exclusivity beyond th ... Read more...
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By India Briefing, Posted:
17th January 2017 07:36
In an interview last year, Kiran Mazumdar-Shaw – founder of Biocon, India’s biggest biotechnology company – spoke of the obstacles facing India’s female workforce. Namely, the attitudes of women returning to work after taking a leave of absence, such as maternity leave.
According to Mazumdar-Shaw, women in India tend to b ... Read more...
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11th January 2017 08:49
What is the procedure for foreign investors setting up a company in your jurisdiction?
The Malta Registry of Companies which forms part of the MFSA is responsible for registering companies and partnerships as per the Companies Act, 1995. Maltese compan ... Read more...
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By Payal Chawla (JusContractus) , Posted:
9th January 2017 08:03
Under the (Indian) Arbitration & Conciliation Act, 1996, there are essentially three types of arbitrations: purely domestic arbitrations (where both parties are Indian and the arbitration is held in India); International Commercial Arbitration or ICA (where at least one of the parties is a foreign national but the arbitration is conducted in India), and foreign arbitrations (where the arbi ... Read more...
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By Carlos Eduardo Ayub, Posted:
5th January 2017 08:39
Approximately twenty-years ago the Brazilian Government, in order to deter tax evasion in the country, introduced rules aimed at avoiding the undue transfer of profits through transactions conducted between multinational companies and their parents or associates abroad. Since then, all movements of goods, services, and rights between entities belonging to the same group subject to transfer pricing ... Read more...
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4th January 2017 09:29
What is the procedure for foreign investors setting up a company in your jurisdiction?
The Malta Registry of Companies which forms part of the MFSA is responsible for registering companies and partnerships as per the Companies Act, 1995. Maltese company law ... Read more...
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By China Briefing, Posted:
9th December 2016 09:41
A company seal, or ‘chop’, is an important component of doing business in China, as it is integral to the administration of a company and the key to legally authorize documentation. This essentially means that whoever is in possession of the company chop holds ultimate authority over a company. An electronic chop is the digital versi ... Read more...
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By India Briefing, Posted:
22nd November 2016 08:27
In a surprise move, the Narendra Modi government announced on the night of November 8 that the existing US$ 7.5 (Rs 500) and US$ 15 (Rs 1,000) currency notes will be withdrawn from public use from the following midnight. The move is the government’s boldest step yet to curb the circulation of black money and counterfeit currency as well as control inflation. Only twice before, f ... Read more...
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18th November 2016 08:31
What are the main regulators and legislations that apply to shipping & maritime in your jurisdiction?
Law No 17 of 2008 on Shipping ("Shipping Act"). The Shipping Act covers among others regulations on all kinds of water transport, licensing, ship mortgages, maritime liens, ports, safety and security, seawort ... Read more...
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By John Leyden , Posted:
17th November 2016 10:13
As a tax adviser in practice for almost 20 years, it never ceases to amaze me the kind of tax avoidance schemes that are dreamt up and marketed.
They rely on one thing for them to work for the tax avoidance industry – greed, plus a belief that you can get away without paying any tax at all.
I have never advised a c ... Read more...
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By Vietnam Briefing, Posted:
16th November 2016 08:15
Following weeks of campaigning, culminating in a formal concession from Hillary Clinton, Donald Trump is set to become the 45th president of the United States of America. Given the US’ formative roll in TPP negotiations, and legislative deadlock on the issue at the ratification level, Trump’s victory is likely to have a significant impact on the agreement’s ultimate o ... Read more...
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15th November 2016 10:11
In early spring 2016, the French government put a bill before Parliament proposing reforms to French labour law. The intention was to introduce more flexibility to French labour law and become more "employer-friendly". The proposals in the bill were controversial and sparked protests and strikes across both public and private sectors. Finally, after months of debate, ... Read more...
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4th November 2016 09:13
What is the procedure for foreign investors setting up a company in your jurisdiction?
Foreign investors can invest anywhere in the world through a Delaware entity. The entity of choice for such investment is a Delaware Limited Liability Company (LLC). The procedure is relatively simple, just contact a Delaware Registered Agent and ... Read more...
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By India Briefing, Posted:
1st November 2016 08:30
In a sign that the government wants to get serious about overhauling labor laws, India plans to introduce a proposed Wage Code bill that will guarantee minimum wages across the country in the winter session of parliament. The draft bill will also streamline the definition of wages by combining four wage related laws – the Minimum Wages Act, 1948; the Payment of Wages Act, 1936; the Payme ... Read more...
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31st October 2016 08:21
What are the laws and procedures for ship arrests in your jurisdiction?
As is well known to the industry, the arrest of a vessel is a desperate maneuver aimed at seeking collateral to guarantee payment of a claim. Naturally the consequences of detaining a vessel escalate exponentially affecting various interests other than just thos ... Read more...
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By Dr. Nils Gildhoff, Posted:
28th October 2016 08:54
The EU Block Exemption Regulation 330/2010 on Vertical Agreements (“VBER”) is still valid until 31 May 2022. However, when applying the VBER to vertical agreements in practice, experience shows that the VBER, in (seemingly) more and more cases, proves to be too schematic and therefore probably too old to cope with the challenges nowadays to be faced under EU and national Compet ... Read more...
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26th October 2016 08:32
What is the procedure for foreign investors setting up a company in your jurisdiction?
In principle, a foreign investor is free to set up a company in Germany just like a German resident. There are no specific restrictions for foreigners. There are several different types of companies in Germany. In the following I will focus on the ... Read more...
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24th October 2016 08:32
What is the effect of competition law rules on franchising agreements?
Competition is encouraged in New Zealand and in relation to competition law the Commerce Act 1986 must be complied with. It is concerned with anti-competitive behaviour and restrictive trade practices. The Commerce (Cartels and other Matters) Am ... Read more...
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19th October 2016 08:44
What Are The Product Warning Label Requirements? What Needs To Be Considered In Order To Write A Legally Adequate Warning Label?
The law and standards that pertain to warnings are pretty clear and consistent. They require that the warning contain four elements: a description of the hazard, a statement about the probability that the hazard wil ... Read more...
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12th October 2016 08:46
Have There Been Any Recent Regulatory Changes Or Interesting Developments?
In light of the UK referendum, there have been a number of interesting developments, however, negotiations are still taking place. The UK’s decision to leave the EU will inevitably cause a period of great uncertainty for businesses and individuals. A number o ... Read more...
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By Pauline Fowler, Posted:
10th October 2016 08:26
The publicity surrounding the case of Christina Estrada, in which this firm acted for Ms Estrada, has highlighted the possibility of making financial claims in this country following an overseas divorce. It was Part III of the Matrimonial and Family Proceedings Act 1984 that provided a mechanism for someone who has not remarried or entered into a civil partnership to bring a claim in E ... Read more...
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By Jyoti Singh & Srisabari Rajan, Posted:
7th October 2016 08:34
Based on recommendations made by Law Commission of India, on 23 October 2015, the President of India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2015 (Arbitration Ordinance) which introduced some crucial amendments to the Arbitration and Conciliation Act, 1996 (Principal Act) with immediate effect. Subsequently, upon sanctions from both the houses of the Parliament, with Pr ... Read more...
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By Vietnam Briefing, Posted:
4th October 2016 08:17
Vietnam’s Ministry of Labor (MOLISA) has released the text of proposed technical standards that, if enacted, would apply to companies involved in commercial forging – a key component of heavy manufacturing and related production. Outlined at the circular level, details of the proposal were made public on August 23rd and have been issued as a means of improving safety standards ... Read more...
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By Lester Doake, Posted:
3rd October 2016 08:26
The expectation that the changing tide of legal funding will mean a swell in the numbers of litigants in person being swept up in civil proceedings has been much discussed. Drawing on my own experience, such cases certainly tend to have an added dynamic as they move through the litigation process. One recent example that comes to mind involved no less than thirteen defendants, twenty-one skeleton ... Read more...
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By Vanessa Lloyd Platt, Posted:
30th September 2016 08:24
For some years Lloyd Platt & Co, our niche divorce and matrimonial practice has noticed that the issue of pets comes up time and time again in matrimonial cases. This applies to both divorce and cohabitation cases, as well as issues concerning pre-nuptial and post-nuptial agreements.
The reality is that there is a clear gap in the la ... Read more...
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By Maria Kozakou, Posted:
28th September 2016 08:20
Μechanisms of alternative dispute resolution (‘ADR’) have been a long time brewing, braising, and accruing.The documented history of formal peace and conflict practices begins with the Kingdom of Mari (Modern Day Syria) in 1800 B.C. In addition, it is a common perception that arbitration in Ancient Greece mirrored modern day practice, providing parties with a flexible me ... Read more...
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By Vietnam Briefing, Posted:
27th September 2016 08:55
Once a foreign investor has decided on Vietnam as a location to establish operations, the next big step is identifying where and how to obtain land for the business. In Vietnam, private ownership of land is technically not permitted, but the law allows ownership of a right to use land—called the Land Use Right (LUR). While this may seem like an inconvenient system, other countries such a ... Read more...
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By Marika Franceschi, Posted:
26th September 2016 08:23
The overlap between family law and corporate work might not be immediately obvious. Family lawyers deal with relationship breakdown, division of assets, maintenance, disputes regarding children and so on. Surely none of that has anything to do with corporate law?
It is estimated that there are 4.6 million family businesses in the UK ( Institute for family Busin ... Read more...
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By Jason Woodland, Posted:
21st September 2016 08:28
Freezing orders
Faced with a dispute, obtaining judgment against a defendant is satisfying, but it is only half the battle. A claimant needs to know that any judgment can be enforced and the money recovered. Any sensible claimant will undertake due diligence on a potential defendant to make sure that there are enough a ... Read more...
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By Jonathan Brogden, Posted:
9th September 2016 08:14
The Bribery Act came into force on 1 July 2011. Under the Act, it is an offence for a person to bribe or be bribed. A bribe is essentially the offer of a financial or other advantage with the intent that the person receiving it is induced to improperly perform their function.
The Act created a new offence, under Section 7, for a "com ... Read more...
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By Marina Leal Galvão Maia, Posted:
31st August 2016 08:10
Two cases that have been catching the eye of many practitioners of arbitration, the Yukos shareholders vs. Russia and the Moldova v. Komstroy (formerly Energoalians), have much more in common than one would have thought at first glance. Both cases deal with investment arbitration claims and their subsequent awards, both in favor of investors, were set aside at the seat of arbitration and raised qu ... Read more...
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By Ross C. Koffel , Posted:
26th August 2016 07:14
Torrens Title
The Australian states each have differing real property laws but are broadly speaking quite similar in each jurisdiction. This is referred to as the Torrens system of land registration and applies in each state. It is a central register of all land in the state and effectively provides indefeasible title rights to a bona fide pu ... Read more...
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By Anthony Sakrouge, Posted:
24th August 2016 08:14
Organisations and investors hoping to set up a business in another jurisdiction first need to understand the legal obligations they will have to comply with and the entitlements their employees will have. These will often be very different from the ones they are used to. This article looks at the most important employment law entitlements and obligations in England and Wales.
&nbs ... Read more...
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By Paul Babie, Posted:
22nd August 2016 07:53
Introduction
Private property consists of a bundle of rights comprising three primary powers of choice: use, exclusivity, and disposition. These three rights allow their holder to choose how to use, who to exclude, and how to dispose of whatever good or resource, tangible or intangible (from land, to shares, to trademarks and patent ... Read more...
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By Brian Wimpey, Posted:
19th August 2016 14:20
South African law is a common-law system where legal statutes are interpreted by the High Court, and where applicable, by our Constitutional Court with reference to the common law. Trade mark law is no exception, deriving its authority from the Trade Marks Act 194 of 1993 and its predecessors, but heavily interpreted by our High Courts. Nowhere is this more evident than in the interpretation of ne ... Read more...
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By Jyoti Singh & Srisabari Rajan, Posted:
17th August 2016 08:25
Based on recommendations made by Law Commission of India, on 23 October 2015, the President of India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2015 (Arbitration Ordinance) which introduced some crucial amendments to the Arbitration and Conciliation Act, 1996 (Principal Act) with immediate effect. Subsequently, upon sanctions from both the houses of the Parliament, with Pr ... Read more...
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By Dezan Shira & Associates, Posted:
16th August 2016 07:59
When companies turn to Vietnam to establish their manufacturing operations, it is important to not only consider the laws on regular wages, but also the policies on overtime that will be applicable to the workforce and style of a given operation. One of the great benefits of Vietnam is that wages are low in comparison to the rest of the region, especially China. Overtime and night work p ... Read more...
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By James Bremen & Leith Ben Ammar, Posted:
15th August 2016 08:16
Courts across the world have very different approaches to procedural matters such as disclosure. The differences are particularly strong between common law and civil law jurisdictions. In civil law jurisdictions such as France, Germany or Qatar, parties are usually required to disclose only the documents they rely on (and importantly, not those they don't wish the other side to ... Read more...
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12th August 2016 07:44
The hot Mediterranean country of Malta has long been a popular destination for tourists looking for a dose of history and sea. But among the megalithic temples, the famous hotel chains and fine dining, this sun-soaked archipelago hides another landmark that many holiday-makers remain oblivious to – it’s gaming authority.
Malta has been on the forefront of the onlin ... Read more...
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By China Briefing, Posted:
11th August 2016 08:12
Female employment in China used to be moving in a positive direction. In the late 1970s, almost ten years after Chairman Mao famously remarked that “women hold up half the sky”, about 90 percent of working-age women in cities were participating in the workforce. In 1980, China was one of the first countries to ratify the United Nations International Convention on th ... Read more...
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By Dezan Shira & Associates, Posted:
9th August 2016 08:04
The recent ascension to office of Nguyen Xuan Phuc, Vietnam’s new Prime Minister, has opened the gateway to several legislative changes. One such change is Decree 50, signed on June 1, 2016 and effective starting July 15, 2016, which details updated penalties for administrative violations in planning and investment for businesses and investors. The decree covers the adm ... Read more...
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By Ahmed Barakat & Paul Day , Posted:
8th August 2016 08:20
Kuwait has seen a boom in construction activity in the private and public sectors. This in turn has resulted in an increase in contractor claims and construction related litigation. Of particular note are the impact of subcontractor claims under Article 682 of the Civil Code (No. 67 of 1980) which provides in pertinent part:
Article 6 ... Read more...
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By Nicholas Gould & Claire King, Posted:
5th August 2016 08:13
The UAE (of which Dubai is part) ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), without reservations, in 2006. The New York Convention provides very limited grounds for refusing to enforce international arbitral awards. It also requires that:
&ldq ... Read more...
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By David Sears QC, Posted:
4th August 2016 09:14
There has been much discussion recently as to the extent to which, if at all, English common law now recognises a need to import an obligation of good faith into all commercial contracts. Given the move towards ever more collaborative forms of contract, it is a debate which has a particular relevance to the construction industry.
There have been a number of rec ... Read more...
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1st August 2016 08:04
Romania has turned in recent years into a country in ferment due to massive white-collar crime involving prominent politicians and notorious businessmen. Such cases deal mostly with corruption and tax evasion issues and generate excessive media coverage, thus demolishing the concept of “untouchables”.
Beside the classic cases of bribery and false acco ... Read more...
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By Kohtaro Tamura, Ushijima & Partners, Posted:
25th July 2016 07:57
Overview of Japanese Property Law
A. Background
Japan is a civil law country tracing its roots to the German Civil Code of the late 19thCentury. Readers used to doing business in Europe will find much that is familiar in the Japanese Civil Code provisions dealing with real pr ... Read more...
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By Vietnam Briefing, Posted:
22nd July 2016 08:07
Dead fish washed ashore. Polluted water. Fishermen losing their economic livelihood and having their well-being threatened. A Taiwanese company implicated. This is not 2016; the year is 2008, and we are looking at the Thi Vai river in southern Vietnam’s Mekong Delta, with an MSG factory upstream owned by Vedan. This was the first prominent case of environmental regulation bei ... Read more...
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By Gianni Origoni, Posted:
21st July 2016 07:40
On 19 April 2016 the new Italian Public Procurement Tender Code (the “Code”) entered into force (Legislative Decree 50/2016 implementing EU Directives 2014/23/EU, 2014/24/EU and 2014/25/EU).
Art. 22 et seq. of the Code introduce for the first time an additional phase in the procedure aimed at adjudicating public procurement contracts on larg ... Read more...
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By Dezan Shira & Associates, Posted:
14th July 2016 08:32
Cambodia has been one of Asia’s fastest growing developing countries since the late 1980s when it dropped its planned economy plan for the free market. Its annual growth averaged 7.5 percent over the last decade, driven by robust garment exports, services, real estate, and construction. It is largely expected that the country’s prospects will remain robust in the comin ... Read more...
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By India Briefing, Posted:
13th July 2016 08:06
India’s Union cabinet recently approved a bill that will allow several commercial establishments to operate for 24 hours a day. The Model Shops and Establishments (Regulation of Employment and Conditions of Service) Act 2016 will permit malls, shops, restaurants, banks, and cinema halls to operate on a 24/7 basis. The bill is to have a significant impact on India’s ... Read more...
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By Dr Peter Whelan, Posted:
12th July 2016 07:59
Following the recent referendum result on Brexit, some commentators have emphasised that the EU Member States are now set to lose a valuable and innovative contributor to the development of substantive and procedural EU law. At a formal level this would certainly be the case. Indeed, in addition to EU law’s ceasing to form part of the national legal landscape, there will no longer be UK ... Read more...
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By Mark Spragg, Posted:
7th July 2016 08:16
Many people are aware of the offences of Human Trafficking involving serious exploitation of workers brought from outside the UK to work as slaves for Gangmasters and others, sometimes in private homes. These people were promised a new life in a country known for its democracy and Human Rights who are held against their will because their passports are confiscated and exploited by being required t ... Read more...
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By Dezan Shira & Associates, Posted:
4th July 2016 08:26
When an entity starts to expand and it is no longer advantageous to operate a Representative Office (RO), a company may look to establish a Wholly Foreign-Owned Enterprise (WFOE) in China. Timing is key to a smooth employee transfer from an RO to a WFOE (target company), as explored ... Read more...
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29th June 2016 07:46
Who are the main regulators and what are the key legislations that apply to the cybersecurity in your jurisdiction?
In addition to the Information Commissioner’s Office (the “ICO”), which is the general regulator of cybersecurity in relation to personal data, the UK regulators responsible for cybersecur ... Read more...
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By Dezan Shira & Associates, Posted:
28th June 2016 08:17
Apple has recently been involved in a few IP infringement cases in China that it has lost. Earlier this month, there was a case where sales of all models in Apple’s iPhone 6 series were to be suspended by the Beijing Municipal Bureau of Intellectual Properties due to alleged infringement of appearance design patent of Shenzhen Baili’s 100C model mobile pho ... Read more...
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By Dezan Shira & Associates, Posted:
14th June 2016 08:02
China’s recently released law to regulate the activities of foreign non-governmental organizations (NGOs) has raised fresh doubts regarding foreign investment into China’s ... Read more...
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By Dezan Shira & Associates , Posted:
7th June 2016 08:28
Recently implemented, an updated version of Vietnamese criminal code raises penalties for illegal termination of employees. Effective from July 01 2016, Code No. 100/2015/QH13 lays out punishments, including serious fines and even jail time, for those found to be terminating or coercing the termination of employees illegally.
In order to reduce ex ... Read more...
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1st June 2016 08:18
How are outsourcing transactions regulated in your jurisdiction?
There is no general legal definition of the term "Outsourcing" in German statutory law. The applicability of existing legal provisions depends on the industry sector, the outsourced activities and the outsourcing structure. Usually, relevant statutory ... Read more...
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27th May 2016 10:24
Who are the main regulators and what are the key legislations that apply to the gaming industry in your jurisdiction?
As a Federation, the legislative power in Australia is divided between the Federal Government and the eight constituent States and Territories. Traditionally, the power to regulate gambling activities in Australia is reserved ... Read more...
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By Dezan Shira & Associates, Posted:
24th May 2016 08:18
A change of address for a business is sometimes a necessary step towards securing long-term gains. A company’s address is a core element of registered information (along with its business scope, registered capital, and company name, etc.), and making changes to this information can be a somewhat complex process. ... Read more...
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By Joël Grangé , Posted:
23rd May 2016 10:30
French employment law has been the subject of many changes under François Hollande’s government. In 2015, the Macron Law and the Rebsamen Law aimed at strengthening France’s economic growth and streamlined dialogue between social partners, respectively. In 2016, a draft law seeking to further reform employment law has been introduced by Labour Minister Myriam El Khom ... Read more...
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By Toshio Kobayashi , Posted:
19th May 2016 09:14
Needless to say, there is a big risk in receiving a lawsuit from another person because of infringement of a trademark under the Japanese Trademark Law or Unfair Competition Prevention Law, when you use a trademark without doing prior research about the availability of using that trademark in Japan. Therefore, we recommend requesting that we search the availability and registrability of the mark i ... Read more...
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By Dezan Shira & Associates , Posted:
18th May 2016 11:08
In the midst of attracting record investment from all corners of the globe, Vietnam has a nasty secret – intellectual property (IP). Not only does the nation rank 88th out of 140 economies in terms of IP protection, but policy instability is increasingly cited by investors as a concerning aspect of doing business within the country.
... Read more...
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17th May 2016 07:59
Can You Talk Us Through The Process For Divorce In Your Jurisdiction?
In Hong Kong a couple cannot divorce if they have been married for less than one year. After that either party can present a petition to the court and serve it on the other party, or there can be a joint application where both parties agree to divorce. The grounds for such ... Read more...
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13th May 2016 09:57
What are the main regulators and legislations that apply to corporate governance in your jurisdiction?
The internal affairs of the corporation (the role of the board, the powers of shareholders) are governed by the corporate law of the state of incorporation. Most of the major U.S. corporations are incorporated in Delaware ... Read more...
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By Walter Stuber, Posted:
11th May 2016 08:44
Brazilian law expressly allows the inclusion of an arbitration clause or arbitral convention (convenção de arbitragem) in the by-laws of a company (sociedade anônima) and to make such clause binding upon all shareholders, including those who voted against the inclusion of the arbitration clause, granting the dissenting shareholders the right to withdraw from the com ... Read more...
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By Alex Lock, Posted:
9th May 2016 09:40
Employment law is where politics meets economics meets social policy. Every political party has a policy on employment law and every government since the 1970s at least has managed to tinker with legislation, if not stamp its mark on the employment law landscape. The last 20 years saw a huge expansion of rights and entitlements under the New Labour government, through to their curtailment under th ... Read more...
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By Paul Gill, Posted:
3rd May 2016 09:59
One of the main things worth bearing in mind when considering the arrest of a ship (or a sister ship) in the Republic of Ireland (ROI) is the applicability of the various arrest conventions. Whereas the ROI is party to the Arrest Convention of 1952 and has given effect to it in its legislation, it is not a party to the 1999 Arrest Convention, and nor indeed is it a party to the Maritime Liens and ... Read more...
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25th April 2016 10:04
What are the main regulators and legislations that apply to corporate governance in your jurisdiction?
The primary law that governs companies is Law No. 40 of 2007 on Limited Liability Companies ("Company Law"), overseen by the Ministry of Law and Human Rights, however it is critical to assess other laws in the relevant sect ... Read more...
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By Isabel Franco, Posted:
19th April 2016 09:46
Ever since the 2014 World Cup defeat, Brazilians have never felt so humiliated by embarrassing headlines all over the globe showing the corruption scandals in Brazil.
The huge corruption case swirling around Brazil’s state-run oil company Petrobras is being called the world’s largest. The bribery investigation known as “Carwash ... Read more...
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By Julio López Quiroga & Hannah de Bustos, Posted:
18th April 2016 09:26
On 14 January 2016, the Criminal Division of the Spanish Supreme Court rendered a judgment in relation to the events that occurred since 13 November 2002, following the oil spill caused by the M/V “Prestige”.
The Supreme Court overturns the judgment issued by the La Coruña Court of Appeal on 13 November 2013 and, based on the fact ... Read more...
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15th April 2016 08:52
Can you talk us through the process for divorce in your jurisdiction?
Either party to the marriage may submit a petition together with a statement in support. These petitions are now handled centrally at one of 11 regional divorce centres rather than the parties’ local county court as was the case previously.
... Read more...
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13th April 2016 09:59
What does COP21 mean for the future of environmental law?
Properly and fully implemented in the United States, COP21 will necessitate political change more than it will require dramatic changes to prescriptive environmental law. In the U.S. a general conceptual framework already exists for the implementation of COP ... Read more...
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By Dezan Shira & Associates, Posted:
12th April 2016 10:47
Public Private Partnerships (PPP) are a growing and profitable entry point to the Vietnamese market. For firms seeking to tap into these opportunities, several steps must be followed as part of the investment process, including the preparation of a project proposal, its submission, and the tendering process. In part two of Vietnam Briefing’s series on PPPs, we help to s ... Read more...
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By Dr. Robert D. Moody, Posted:
6th April 2016 09:25
Recently I was asked to reflect on my graduation from Law School in 1993 and my graduation dissertation addressing the effects technology would have on the US Statute commonly known as the “Long Arm Statute.”
To briefly summarize, I addressed the question as to whether or not the Long Arm Statute in its current or some future altered form wo ... Read more...
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By Peter Cronyn , Posted:
4th April 2016 09:59
In Canada, the vast majority of personal injury cases are advanced on the basis of our law of negligence. In most provinces, one of the cornerstones of negligence law is the principle of joint and several liability.
With several liability, each defendant found liable is only responsible to pay his or her proportionate share of the damages. But with jo ... Read more...
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By Blerina Kotori , Posted:
29th March 2016 11:25
In 2015, Oregon continued to lead the nation in its progressive approach to employment law. It passed a number of laws that address many employee issues that are defining the current presidential campaign, from an unprecedented structure for minimum wage to sick leave rights. This article summarizes the most significant changes that will not only impact companies conducting business in O ... Read more...
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By Dezan Shira & Associates, Posted:
22nd March 2016 12:30
Recently signed, the European Union – Vietnam FTA (EVFTA) presents exciting opportunities in a multilateral trading partnership that was valued at over 28 billion Euros in 2015. Not only has the agreement slashed tariffs on nearly 99 percent of all Vietnamese exports to the EU, measures have also been taken to ensure that the FTA stays updated in the face of future agre ... Read more...
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By Ádám Illés and Veronika Francis , Posted:
21st March 2016 09:50
Hungary is an EU member state since 2004 having a strong interest in foreign investment, hence the country aims to maintain an open economy in the heart of Eastern and Central Europe. During the recent years leading up to the horizon of 2016, investments through new or existing company formations uplifted significantly such sectors like e.g. the automotive, information technology, life s ... Read more...
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14th March 2016 11:56
Have there been any recent regulatory changes or interesting developments?
Yes, there has been major regulatory change in Belarus in past year. In 2015 the possibility to recover uncontested debt through obtaining executory endorsement made by notary public was substantially expanded. Now it is also possible to recover uncontested debt under ... Read more...
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By Sean Ray, Posted:
8th March 2016 09:56
On February 23, 2016, a panel of judges on the Ninth Circuit overturned the June 2013 Oregon District Court decision allowing employers in Oregon (and other Ninth Circuit states where employers do not claim tip credits) to have tip pools which include employees who are not customarily tipped (the “back-of-the-house” employees like dishwashers and cooks). That 2013 dec ... Read more...
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By Dezan Shira & Associates, Posted:
7th March 2016 09:03
Resume fraud cases have risen in China in recent years. This is hardly surprising as, due to China’s increasingly competitive job market, applicants are willing to take sometimes drastic measures to appeal to potential employers. This can have significant consequences for the employer, such as wasted expenditure in the recruiting and hiring process and ... Read more...
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By Alan M. Dunn & Jennifer M. Smith, Posted:
3rd March 2016 10:27
There have been dramatic changes in U.S. economic sanctions programs over the past six months. In some cases the U.S. government has lifted restrictions, allowing transactions that had long been prohibited – notably Iran, Cuba, Liberia, and Myanmar. In other cases, new sanctions have been added that are more restrictive, such as U.S. sanctions on Russia, Syria, and Su ... Read more...
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By Mercedes de Artaza, Posted:
1st March 2016 13:01
Within the framework of the Understanding on Rules and Procedures Governing the Settlement of Disputes of the World Trade Organization (WTO), and in compliance with the recommendations of the Dispute Settlement Body (DSB) before which certain WTO members filed the case Argentina – Measures which affect the import of goods, Argentina agreed to eliminate as from 31 Dec ... Read more...
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22nd February 2016 09:46
Have There Been Any Recent Regulatory Changes Or Interesting Developments?
Whilst cyber-crime, such as the theft of personal data, is badly under-reported across Asia Pacific, there is slow legislative movement to address how companies handle these incidents.
As an example, the Australian government has ju ... Read more...
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By Ian Walker, Posted:
19th February 2016 11:13
Australia's corporate and personal insolvency laws are facing a substantial series of changes to be made by the Insolvency Law Reform Bill 2015 (ILRB 2015). The ILRB 2015 was introduced into Parliament on 3 December 2015, but does not relate to restructuring. But there are more changes likely to occur, particularly in relation to turnarounds and the restructure of finan ... Read more...
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18th February 2016 08:20
Have there been any recent regulatory changes or interesting developments?
One of the more interesting development, in particular in comparison to other jurisdictions in the EU such as the UK or the Netherlands, is the specific focus of the Federal Cartel Office (Bundeskartellamt) on restrictions of internet (online) trade. The Federal Cartel ... Read more...
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10th February 2016 12:35
Can You Outline The Key Fraud And White Collar Crime Trends In Your Jurisdiction?
Information security and technological innovations are two major trends to keep an eye on in the near future. Information security is a major concern for organisations of all sizes and in virtually every industry, ... Read more...
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By Dezan Shira & Associates, Posted:
2nd February 2016 09:46
Moving back on its earlier position, the Bharatiya Janata Party (BJP) led National Democratice Alliance (NDA) government has decided against defining the ‘online marketplace’ in India. The lack of clarification on what constitutes retail, wholesale and marketplace selling on online platforms is perpetuating confusion for foreign investors.
D ... Read more...
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By Dominic Chambers QC, Posted:
1st February 2016 09:15
Recently civil courts in the United States of America have been making increasing use of so-called “consent directives” or “disclosure directives”, whereby the court (in the exercise of its personal jurisdiction) has compelled the customer of a bank to sign a directive authorising the bank to disclose details of his account which would otherwise have remaine ... Read more...
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By Ms. Fabienne Paris, Ph.D., Posted:
28th January 2016 09:49
The EU Unitary Patent and Unitary Jurisdiction, which are planned to enter into force in 2017, provide a major step towards achieving harmonization of the various national patent laws and jurisdictions that rule patent prosecution and enforcement in the EU.
However, there are some patent-related issues that fully remain at the national levels.&nbs ... Read more...
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By Richard Matthews, Posted:
15th January 2016 10:20
Criminal offences and how to avoid committing them
Standards of safety in consumer products have been driven upwards in recent years by ever increasing consumer expectations and broadening civil remedies. Against a backdrop of headline- grabbing media reports and huge potential fines, we have also seen a significant growth in proactive intervention by ... Read more...
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8th January 2016 10:06
Have there been any recent regulatory changes or interesting developments?
The main regulation in Spain is the Building Law of 5 November 1999 (Ley de Ordenación de la Edificación or LOE). The LOE sets out the legal framework for the construction process in Spai ... Read more...
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By Dezan Shira & Associates, Posted:
23rd December 2015 10:15
For expatriate workers and their employers in Thailand understanding the process to obtain a work permit is vital. Indeed, failure to do so would indicate illegal employment in the Kingdom in most cases.
To secure a work permit in Thailand, a foreigner needs an initial visa, which is a non-immigrant visa, and it must be obtained before entering Thailand. Once the foreign ... Read more...
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22nd December 2015 12:31
Have there been any recent regulatory changes or interesting developments?
Section 92 of the Care Act 2014 creates a new criminal offence for a provider organisation to supply, publish or otherwise make available certain types of information that is false or misleading where that information is required to comply with a statutory or ... Read more...
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By Shin Ushijima & Hiroyasu Kageshima, Posted:
21st December 2015 09:58
On 3 July 2015, the Act for Partial Revision of the Patent Law was enacted and is expected to become effective on 1 April 2016. While the second Abe Cabinet is, as one of its growth strategies, aiming to raise Japanese competitive power by promoting innovation, the Amended Patent Law is intended to make it easier to keep the relevant patent rights in the companies, while allowing the inv ... Read more...
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By Erik Goussev, Posted:
17th December 2015 13:38
Bureaucracy is regarded as one of the problems with doing business in Russia. The country is known for government ineffectiveness when it comes to registration of any documents with the state officials. Examination and registration of intellectual property rights (IPR) by the Russian Patent Office, however, is done efficiently and without unnecessary delays.
&n ... Read more...
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By ASEAN Briefing, Posted:
7th December 2015 10:51
Thailand’s vote this past May to implement a new transfer pricing law is expected to come into effect in the early part of the new year. Transfer pricing refers to the sale of goods or services between branches of a company or subsidiary companies to a parent enterprise, and most countries instate some form of transfer pricing regulations in order to ensure that sales between divisions o ... Read more...
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2nd December 2015 09:25
Have there been any recent regulatory changes or interesting developments?
Shared Parental Leave came into force in April 2015. The first two weeks compulsory maternity leave is retained but eligible parents will be able to share some or all of the remaining maternity (or adoption) leave and pay, replacing additional paterni ... Read more...
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By Michał Paluszek, Posted:
1st December 2015 09:34
In my professional career, I often meet with people who start the description of their legal problem with “I have bought some software...” – but when I ask them to present me with a copy of a contract for the software, the best I can get is an invoice. And then comes the surprise – such person has not “purchased”, but &ldquo ... Read more...
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By Jan Byrski, Posted:
26th November 2015 11:43
The Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions (hereinafter: the Regulation, IF Reg), is the European Union’s (EU) first legal act to regulate the issue of the functioning of payment card schemes in respect of card-based payment transactions.
The Regul ... Read more...
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By John Richards, Posted:
24th November 2015 10:48
There is a real life problem in that when filing a patent application one will carry out a search, but it will be a relatively cheap search. When the patent is granted and becomes important, those who are, or who feel, threatened by the patent carry out a much more expensive search. This may result in prior art that knocks out part but not all of a claim. The problem ... Read more...
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By Damyan Ganchev, Posted:
20th November 2015 09:49
The price regulation of pharmaceuticals by definition aims to achieve a balance between, on one side, the public interest in effective and accessible healthcare, and on the other the private commercial interests of pharmaceutical companies. And if innovations and the improved access to treatment of previously incurable conditions are accepted well, the ever-increasing prices of medicines ... Read more...
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By Kim O’Connell, James Ellsmore and Luke Hawthorne, Posted:
16th November 2015 10:11
The High Court of Australia has handed down a significant decision, holding that Myriad’s patent claims for isolated nucleic acid sequences, indicative of a predisposition to breast cancer, are not patentable subject matter in Australia: D’Arcy v Myriad Genetics Inc & Anor [2015] HCA 35. The decision does not touch on the remaining 27 claims of the Myriad pate ... Read more...
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By Dezan Shira & Associates , Posted:
12th November 2015 12:39
The Wall Street Journal recently reported that Walmart personnel paid bribes amounting to several million U.S. Dollars to support operations in India. The report stated that Walmart personnel made small payments between US $5 and US $200 to low-level government officials. According to the report, the bribes were made to obtain real estate permits and facilitate the movement of goods through custom ... Read more...
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10th November 2015 10:27
Who are the main regulators and what are the key legislations that apply to technology, media and telecommunications in your jurisdiction?
The Law of the Republic of Lithuania on Electronic Communications regulates the electronic communications sector in Lithuania. The Communications Regulatory Authority (CRA) supervises telecommuni ... Read more...
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By Peter Homberg , Posted:
6th November 2015 09:14
The transmission of personal data to a third country outside of the EU is only permissible under European law if the third country in question guarantees an appropriate level of protection for this data. In its Safe Harbor decision, the EU Commission determined that the USA did offer an appropriate level of protection due to the “Safe Harbor” regulations.
... Read more...
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By Melissa Cyrill，Dezan Shira & Associates , Posted:
5th November 2015 11:49
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act is a legal act of the Indian parliament that came into effect on December 9, 2013. The Act was passed after numerous political delays and controversies, and is based on the landmark guidelines established by the Supreme Court in the case of Vishaka versus State of Rajasthan, 1997.
< ... Read more...
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By Anthony F. Siliato & Scott Malyk, Posted:
27th October 2015 09:18
The H-1B visa is, by far, the most sought-after temporary work visa in the United States for foreign national workers. It requires sponsorship by a U.S. employer and is limited to specialty occupation positions which generally require the candidates to hold at least a bachelor’s degree (or the equivalent) in a relevant discipline.
Despite its demand, ... Read more...
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By Maxfield Brown, Posted:
19th October 2015 13:55
As Chinese wages continue to rise and the economy transitions towards a more efficiency based structure of production, the Association of South East Asian Nations (ASEAN) has increasingly been tapped as the next factory of the world. Those looking to explore opportunities in ASEAN’s growing manufacturing base must be aware of the nuances found within the region and tailor their operation ... Read more...
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15th October 2015 09:06
What are the main regulators and legislations that apply to shipping & maritime in your jurisdiction?
The Commercial Colombian Code (CCC) has incorporated some provisions regarding shipping and maritime matters in its fifth book, namely, the book on “Navigation”. Said provisions are referred to several matt ... Read more...
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By Wilma van der Veer, Sanne van Ruitenbeek & Lyke Apontoweil, Posted:
13th October 2015 08:28
When a Dutch IT company is ready to hire a great candidate from India as their IT manager there are several aspects that need to be considered before making that decision. These aspects are: the employment law situation, the tax consequences, and the permit situation and last but not least the relocation itself.
A ... Read more...
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9th October 2015 08:45
Can you outline the main laws affecting franchising in your jurisdiction?
In Spain we have Royal Decree 201/2010. It defines the franchising activity and establishes the minimum content of the disclosure document and the prohibition for the franchisor to receive any monies from any prospective franchisee before 20 days from the date ... Read more...
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By Vietnam Briefing, Posted:
7th October 2015 08:13
HCMC – The Vietnamese government has announced that it is considering implementing a new decree that would require shipping companies to publicize their freight tariffs (including surcharges and commissions paid to brokers) on both their own websites and on the Vietnam Maritime Administration’s website.
According to the government, the decre ... Read more...
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By Hollie A. Lemkin, CFLS, Posted:
6th October 2015 08:19
Not so long ago, the world seemed a very large place, and we all appeared very different from one another. With respect to the standards and practices of Family Law, however, the world is fast becoming a very small, homogenized setting.
As recently as August 2015, actress Kelly Rutherford and her German-born ex-husband Daniel Giersch&rsq ... Read more...
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By Stewart Germann, Posted:
5th October 2015 10:49
Have there been any recent regulatory changes or interesting developments?
In New Zealand a recent proposed change is to cartels, and the Commerce (Cartels and Other Matters) Amendment Bill 2011 could have a huge impact on franchising. The Bill was introduced into Parliament on 13 October 2011 but it has not yet been passed. ... Read more...
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By Melissa Cyrill, Dezan Shira & Associates, Posted:
2nd October 2015 10:24
Make in India is one year old this week. Designed to kick-start India’s lagging manufacturing sector, the national program has affirmed the business-friendly nature of the Bharatiya Janta Party (BJP)-led National Democratic Alliance (NDA) government. This was a key campaign promise by the BJP in the 2014 general elections – regain foreign investor confidence after y ... Read more...
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By Eileen Pembridge, Posted:
1st October 2015 09:11
Whilst we pride ourselves in this country on our Diversity of Ethnicity, culture and creed, and enjoy the benefits of international marriages and other relationships there is one area of family law where this can cause heartbreaking litigation. This is where one parent of a child from such a union wants to move abroad—typically but not necessarily ‘back home&rsquo ... Read more...
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By ASEAN Briefing , Posted:
29th September 2015 09:27
As Indonesia continues to struggle with an economy that refuses to strengthen adequately, President Joko Widodo has launched a policy package intended to jumpstart economic growth in the country.
The Indonesian economy has been faltering for some time now, with the country’s currency (the rupiah) falling to its lowest level since the 1997-98 Asian Financial Crisis at ... Read more...
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By Matthew Morse & Michelle Burns, Posted:
23rd September 2015 11:30
On 9 April 2015, the U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO) issued a precedent decision that addressed whether a change in work location is a material change requiring the employer to file an amended H-1B petition. In Matter of Simeio Solutions, LLC, the AAO held that a change in a work location to a new geographical area requiring a new Lab ... Read more...
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By Dr Alan Ma, Posted:
17th September 2015 10:09
The term “conflict of law” is mostly known in the context of business law and arbitration. It is a set of rules aiming to assist courts in deciding cases which contain a foreign element. There are three main elements to be considered:
Jurisdiction of a court, whether the court is competent to hear and determine a case; ... Read more...
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By Lee Jackson, Posted:
11th September 2015 09:27
There are a number of immigration routes available by which foreign nationals can relocate to the UK. The following article summarises the main work-related routes available.
EEA migrants
It is far easier for nationals of the European Economic Area (EEA – i.e., the E ... Read more...
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By Luis Vidal Hamilton-Toovey, Posted:
8th September 2015 09:04
Chile has taken a huge step forward in recent years by enacting laws and regulatory procedures that permit the incorporation of a company in one day. This has been accomplished by means of a web page (www.tuempresaenundia.cl) that guides the person forming the company, step-by-step to draft the articles of association, and the pri ... Read more...
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By Jean-Louis Fourgoux & Leyla Djavadi, Posted:
3rd September 2015 10:05
Under the French jurisdictional system, a victim of anticompetitive practices can lodge a complaint before:
the French Competition Authority (“l’Autorité de la Concurrence” AdlC),
the commercial courts,
the administrative courts, and
... Read more...
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By Carlos Casanovas & Gustavo Scravaglieri, Posted:
21st August 2015 09:11
Entrepreneurship ecosystem has been growing strong during the last years in Argentina. The traditionally good quality of Argentine human resources plus numerous factors has turned entrepreneurs into a tool that the country is using as a “Value Added Engine” to generate new jobs and growth out of its borders. In this sense, as we will analyse below, tech entr ... Read more...
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By ASEAN Briefing, Posted:
18th August 2015 09:31
Qualifying small companies in Singapore can now benefit by foregoing a yearly financial burden – annual audits. The new regulations arise from the amendment of Singapore’s Companies Act in October, 2014 – the most sweeping change made since the law’s original promulgation in 1967.
The first set of alterations to the city-state& ... Read more...
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By Andrew J. Sherman, Posted:
14th August 2015 10:07
Is the era of Patent Trolls now behind us with the shifting political mood toward aggressive patent enforcement?
The era of patent trolls is not yet behind us, much to the disappointment of small and mid-sized companies worldwide. While several pieces of legislation have been introduced into the US Congress, no laws have yet ... Read more...
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By Dustin Daugherty, Dezan Shira & Associates, Posted:
13th August 2015 11:09
On Monday July 27, 2015, David Cameron, Prime Minister of the United Kingdom, capped off a five day long tour of South East Asia to discuss blossoming trade relations between the fast growing region and the UK. Surrounded by a phalanx of government ministers and business leaders that comprised a 30-member strong delegation, the Prime Minister visited four out of the six largest economies in the As ... Read more...
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By Edward Barbour-Lacey, Dezan Shira & Associates, Posted:
10th August 2015 09:34
HCMC – On Tuesday, Vietnam and the European Union reached an agreement in principle on a free trade agreement (FTA) that would remove most tariffs on goods, among other benefits. This is the first such agreement that the EU has concluded with a developing country, such as Vietnam.
The newly announced agreement puts an end to the two and a half years of negotiat ... Read more...
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By Ruhi Sethi, Posted:
7th August 2015 08:56
As English law currently stands, there is no general duty of good faith in commercial contracts. There are exceptional contracts where the law will imply a duty of good faith i.e. employment, insurance and contracts governing fiduciary relationships where a group majority can bind a minority. Over the last few years the UK courts have had to consider whether it is possible to i ... Read more...
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By Jonathon Foglia, Posted:
5th August 2015 09:21
What are the main regulators and legislations that apply to aviation in your jurisdiction?
The Federal Government pervasively regulates aviation and has exclusive sovereignty over the airspace of the United States. The primary Federal regulatory agencies are: (i) the Federal Aviation Administration (FAA), which has several ... Read more...
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By Joseph L. Petrelli, Posted:
4th August 2015 09:13
Can you outline the current insurance & risk management landscape?
Excellent question! There are paradigm shifts taking place on both the insurance and risk management landscapes. In the insurance landscape, alternative capital has discovered the property reinsurance marketplace. Primary carriers are utilizing the ... Read more...
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By Edward Hazzan & Rupert Croft, Posted:
3rd August 2015 08:34
Litigation is frequently discussed in the parlance of sport; parties speak of “teams”, “tactics”, “strategy” and “playing the game”. Just like in sport, one should never underestimate the effect of the home-field advantage in cross-border litigation. In a commercial dispute, having easy access to yo ... Read more...
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By Marissa Dong, Posted:
31st July 2015 08:32
The information and technology security related legislation and practice develops quickly in a fast changing environment for China’s national security challenges. In April 2014, to respond to the various challenges in the new era, President Xi Jinping for the first time raised the “overall concept of national security”. Thereafter, a series of legi ... Read more...
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By Selvyn Seidel , Posted:
29th July 2015 09:08
To many investors in third party finance, if not most, the magnet attracting them to a claim is not any specific aspect of the claim itself. Rather, it is the prosecuting lawyer. The lawyer is the jockey mounted to ride the claim to success. An experienced and skilled rider can make the difference. That is particularly the case when U.S. lawyers are involved ... Read more...
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By Adrian Eissa , Posted:
24th July 2015 10:24
Adrian Eissa argues that UK businesses and those who perform services for them need to ensure that they take steps to comply with the Bribery Act.
The foreword to the United Nations Convention against Corruption(1) declares that: “Corruption is an insidious plague that has a wide range of corrosive effects on so ... Read more...
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By Heather Irvine, Posted:
23rd July 2015 09:12
Since the inception of the Competition Act in 1999, the South African Competition Commission has focussed intensively on detecting and prosecuting cartels and preventing abuses by dominant firms in South Africa. Billions of Rands in fines have been paid by global and South African companies involved in price-fixing, market allocation and bid-rigging to date, and the Commission has prosec ... Read more...
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By Dezan Shira & Associates, Posted:
20th July 2015 09:31
The Law on Enterprises 2014, which came into effect on July 1, 2015, has altered the processes associated with one of the most intriguing features of doing business in Vietnam – the company seal, affixed by using a “chop”. ... Read more...
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By Amelia Tsui, Dezan Shira & Associates, Posted:
16th July 2015 11:03
Known as one of Asia’s more stable and well-developed countries, Singapore has increasingly become an attractive business environment for many prudent foreigner business professionals and investors. A contributing factor to Singapore’s success is the government’s strong incentives program for foreign talent to commit to the country.
... Read more...
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By Robert Young, Posted:
15th July 2015 09:38
There is no doubt that this is an interesting time for pensions with yet another period of major change.
Firstly we have the challenges of Automatic Enrolment. Although this started back in October 2012, at that stage it was the largest employers and it is now moving into a phase where smaller employers are reaching their staging dates until eventuall ... Read more...
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13th July 2015 09:41
Abstract
The Australian Senate is set to hold an inquiry into the effectiveness of Australian laws designed to tackle foreign bribery. Senator Nick Xenophon, who moved for the inquiry said that it is “widely known to be illegal for Australian companies and organisations to engage in bribery and corruption oversea ... Read more...
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By Dezan Shira & Associates, Posted:
6th July 2015 10:01
Regulations and procedures significantly vary between countries, and overall, obtaining a long-term residency status is a challenge for foreigners in ASEAN. We explain permanent residency and other programs available for foreigners who wish to reside in any of nine ASEAN nations.
Malaysia
Foreign ... Read more...
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By Upendra Joshi , Posted:
3rd July 2015 09:29
That stemming climate change needs urgent attention and decisive action is news no more. The need for clean energy is being felt like never before. As a country with the third largest carbon footprint, India needs to find solutions. Paradoxically though, in a country with the fourth largest coal reserves the per capita electricity consumption is abysmally low and a si ... Read more...
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Francisco Solchaga, Posted:
29th June 2015 11:52
On 5 June 2015, the Ministry of Industry sent to the National Markets and Competition Commission (CNMC –Comisión Nacional de los Mercados y de la Competencia-) the draft royal decree regulating the self-consumption that assures to"allow the establishment of such facilities where it is efficient for the whole electrical system,not in ... Read more...
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24th June 2015 13:02
Have there been any recent regulatory changes or interesting developments in your jurisdiction?
There have been several in the past year, most of them detrimental to attracting a foreign work force. To use Massachusetts as an example, the new Governer, Charlie Baker has been trying to balance the $768 million budget deficit he inher ... Read more...
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Steven Elsinga, Dezan Shira & Associates, Posted:
23rd June 2015 08:23
Industrial accidents are unfortunately a common occurrence in China. No matter where the workplace is, an accident may just be around the corner. As an employer, it is therefore important to know what to do if an employee gets injured, and what would happen if a company fails to perform these duties.
Work-related injury and occupational disease are covered under ... Read more...
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By Kristine E. Kwong, Esq, Posted:
22nd June 2015 08:45
On 10 September 2014, California Governor Edmund G. Brown, Jr., signed into law the Healthy Workplaces, Healthy Families Act of 2014 (“California Paid Sick Leave Act”), with an effective date of 1 January 2015. AB 1522 adds Labor Code Sections 245-249 and amends Section 2810.5 and requires California employers to provide paid sick leave to employees who work a certain ... Read more...
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By Tyler Volm, Posted:
18th June 2015 09:38
With demand increasing for efficient applicant and employee screening due to the proliferation of online job applications and rising safety concerns, scrutiny and enforcement have also increased. Selection procedures (including testing) may occur during the hiring process, but may also be used for determining promotions, retention, transfer, and training decisions, which are subject to m ... Read more...
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By Michael A. Shadiack, Esq. & Caitlin Petry Cascino, Esq., Posted:
17th June 2015 08:58
The concurrent expansion of social media platforms and proliferation of related regulatory/agency guidance, case law, and legislation is giving rise to a new set of challenges for employers. As the use of social media increases and new guidance is issued almost daily, employers may find it difficult to remain in compliance while protecting their business interests. To meet thes ... Read more...
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By Andrew Salzman, Posted:
8th June 2015 08:47
The probation period is a feature of Chinese labor law with which many foreign companies may be unfamiliar, but it is a key provision that is employer friendly and allows companies to terminate employees without the onerous requirements set forth for regular employees.
When hiring employees and writing the employment contract, businesses can choose to input a pr ... Read more...
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By Tom Redfern, Posted:
1st June 2015 08:32
There will always be issues at work between employee and employer. On the employee side, they usually relate to incidents between fellow employees; workload, bullying, poor man management or pay. On the employer side, they usually relate to poor performance or misconduct. This article looks at the main ways of dealing with these from an employee and from an employer p ... Read more...
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By Henry Tan & Matthew Kyle, Posted:
29th May 2015 10:22
Over the past decade Henry Tan, Representative Director of Tricor K.K., has helped companies of all industries enter the Japanese market. Each time a company planned to set up an entity in Japan, without fail, there was a discussion about why there was a requirement to appoint a local Japanese resident, member or officer (details a ... Read more...
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22nd May 2015 09:09
The law regarding workplace pensions has recently changed. If you are an employer with one or more people working for you, you must now enrol eligible staff into a workplace pension scheme. It is known as automatic enrolment because your staff will be automatically enrolled by you. The following are key points and milestones in planning for the process.
... Read more...
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By Kimberly Wright, Posted:
20th May 2015 09:36
China is updating its food safety law for the first time since 2009, in what is hailed as the harshest food safety regulation in China so far. The 2015 Food Safety Law will have a significant impact on both domestic and foreign firms involved in food business in China.
The new food safety law, which will take effect on October 1, 2015, signals that the Chinese g ... Read more...
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By Stephen O’Regan, Posted:
15th May 2015 10:03
Hong Kong is now facing the same ageing population crises as Mainland China. It is estimated that by 2040, about one in three Hong Kong residents will be over the age of 65. In order to help alleviate concerns about this, the Immigration Department has recently announced th ... Read more...
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By Bruno Weil, Posted:
12th May 2015 09:44
The following issue describes a case experienced first-hand by the author.
During a meeting with an executive of an international company and the managing director of its French subsidiary, an increasingly threatening risk of fraud in France that has affected dozens of companies including clients of our law firm, was brought up for discussi ... Read more...
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By Arpita Dutt, Posted:
22nd April 2015 10:07
In the wake of various corporate scandals, there has been increasing recognition of the public interest in robust whistleblowing protection and procedures in the UK and US.
Every month’s media headlines feature a new scandal such as LIBOR fixing, bribery or tax fraud. Behind each lie individuals who knew, or at least suspected, that wrongdoi ... Read more...
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By Jean Donnet & Mattia Deberti, Posted:
14th April 2015 09:41
Foreign nationals who opt for Switzerland as their new place of living must obtain a residence permit in this purpose. Citizens of non EU countries, even if they do not intend to carry out any gainful activity in the country, are not entitled to the grant of a residence permit if they have no specific personal relation to Switzerland and are not over the age of 55. In such case ... Read more...
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By Adam Landy & Kerry Garcia, Posted:
9th April 2015 09:21
Could your business send an employee to work in the UK if there was an urgent business need to do so and how quickly could they start?
The answer depends upon the steps the business has already taken to plan for this eventuality and the long term intentions of both the migrant and the business.
The UK ... Read more...
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By Angelo Carlo Colombo & Martino Canal, Posted:
7th April 2015 09:31
After three years of recession, 2015 is expected to be the year in which GNP in Italy will resume growth. Also, thanks to a number of coinciding favorable conditions: low interest rates, an abundance of cash in circulation (thanks to the ECB’s Quantitative Easing), political stability, and reforms completed and promised by the Government. In addition, the Universal Ex ... Read more...
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By Dr. Roffeh Ehud, Posted:
30th March 2015 09:20
One of the central questions discussed by lawmakers and academics is the right to be forgotten and how to restore control of privacy in the digital era.
As we discuss this issue, which includes questions regarding the right to be forgotten and the public’s right to know, the European Court has decided to implement the right of the individual to be for ... Read more...
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By Tonia Antoniou, Posted:
26th March 2015 09:03
Undoubtedly the offshore industry has been under controversy and attack throughout the years, whereas recently some tried to link the offshore system to financial instability and crisis.
Offshore jurisdictions have been trying to attract wealthy and multinational corporations by offering them low tax rates, offshore banking services, high-quality administration ... Read more...
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By Dezan Shira & Associates, Posted:
23rd March 2015 09:45
Free trade agreements (FTAs) are normally made between two countries, or a larger nation and a regional trading bloc. Many governments, including India, have either signed FTAs or are in the process of negotiating new bilateral free trade and investment contracts.
There are typically two types of FTAs: bilateral and multilateral. With positive signs recently em ... Read more...
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By Dezan Shira & Associates, Posted:
17th March 2015 09:34
Cambodia has recognized its first-ever patent application, marking a landmark for legal services provision in the country. The country has had a patent law in place since 2003, enacted as part of the countries WTO obligations, however it has struggled with the internal mechanisms required to enable it to actively process such applications.
However, in light of ... Read more...
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By Peter Stevens , Posted:
16th March 2015 09:34
The Small Business, Enterprise and Employment Bill completed its passage through Parliament in March 2015, and is expected to become law before the general election on 7 May 2015. It will come into force in various stages between July 2015 and April 2016.
The Bill is a substantial one (265 pages) with wide impact, but business owners and investors will be parti ... Read more...
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By Tonia Antoniou, Posted:
11th March 2015 08:51
Cyprus is one of the most popular jurisdictions for non-EU citizens who wish to obtain an EU passport. Over the last few years, the island has attracted many third-country nationals who wish to either live in Europe or enjoy the advantages of holding an EU passport. The Cyprus naturalisation by investment scheme is considered the most straightforward route to becoming a Europea ... Read more...
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By Dezan Shira & Associates and Brandeis School of International Business, Posted:
10th March 2015 09:01
The entertainment industry in China has seen explosive growth in recent years (an expected CAGR of 17 percent between 2010-2015), growing at a much faster pace than the overall economy. As more and more people in China enter the middle class, disposable income has grown by leaps and bounds, from US$760 per person in 2000 to US$3440 by 2011, according to Ernst & Young. As a result, millions ... Read more...
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By Dezan Shira & Associates, Posted:
6th March 2015 09:25
Under Indian law, foreign investors are able to establish wholly owned subsidiary companies (WOS) in the form of private limited companies if they operate in sectors that permit 100 percent foreign direct investment (FDI). With India’s recent loosening of FDI caps, companies are now also able to establish WOS in the telecom services and asset reconstruction sectors. Establishing a privat ... Read more...
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By Jesper Avnborg Lentz & Petrea Brinkmann Hvet Hvas, Posted:
2nd March 2015 08:58
In February 2014 the EU adopted new public procurement legislation: updated Utilities and Public Services Directives and a new Concessions Directive. EU member states now have until 17 April 2016 to transpose the new rules into national law. A regulation, also part of the legislative package on public procurement, is still under negotiation.
... Read more...
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By Pheo M. Hutabarat, Asido M. Panjaitan & Leonive Simamora, Posted:
27th February 2015 09:27
Generally, there are two alternative forums for settling the commercial disputes, i.e. through (i) litigation and (ii) arbitration. Arbitration is a form of alternative dispute resolution, a technique to resolve disputes outside the courts, where the parties to a dispute have agreed to resolved their legal dispute to one person or more (called the “arbitrators”, & ... Read more...
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By Stephen O’Regan, Posted:
19th February 2015 09:10
International Business Advisory Associate, Dezan Shira & Associates
Visas and the accompanying work permits are a common cause of confusion among expats in China. Regional differences and frequently-changing rules are often the root of the issue.
Recently, several cities have changed their policy relating to Employme ... Read more...
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13th February 2015 08:59
1. Have there been any recent regulatory changes or interesting developments regarding labour and employment laws in your jurisdiction?
California’s Supreme Court recently approved the use of class action waivers in employment arbitration agreements, but denied the application of such waivers to Califo ... Read more...
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9th February 2015 09:54
Q1. To what degree is administrative law adequate for understanding global politics and society?
A good lawyer never expects to anticipate judicial decision making in a national or local jurisdiction before careful study of the court’s social and political context and its internal culture. < ... Read more...
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By Steven Elsinga, Posted:
5th February 2015 08:47
As China’s consumer market is expanding, demand for Western products is growing rapidly. Hand in hand with this development is the ever-increasing use of advertising to reach the rising Chinese middle class. In the first of this three part series, we explain how a foreign investor can set up an advertising agency. The second article will shed some light on the rules and regulations that ... Read more...
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By Dezan Shira & Associates, Posted:
27th January 2015 09:16
As Indonesia looks for ways to attract more foreign investment and boost its economy, it has prepared for a busy year of investor-friendly reforms. It is set to introduce a one-stop service for providing ministry licenses, speed up the completion of government tenders by March each year, establish a land bank to fast track infrastructure projects and release a five-year $450 billion infrastructure ... Read more...
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By Dezan Shira & Associates, Posted:
23rd January 2015 09:19
HANOI – The State Bank of Vietnam (SBV) has issued a number of regulations for 2015. These new laws, which seek to help the country achieve its economic growth targets in 2015, touch on areas such as foreign currency loans, reducing bad debts, and money laundering.
Through Circular 43/2014/TT-NHNN, the SBV has extended permission for credit institutio ... Read more...
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By Dezan Shira & Associates, Posted:
22nd January 2015 09:00
India announces revised roll-out for new Indian Accounting Standards
On January 2, India’s Ministry of Corporate Affairs announced a revised plan for the implementation of the new Indian Accounting Standards (IndAS), which largely follow International Financial Reporting Standards (IFRS). If passed, the IndAS will bring In ... Read more...
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By Olivia G. Robinson, Posted:
14th January 2015 09:55
- An air-tight investment dissolves in a Ponzi scheme.
- A trusted employee siphons off your profits in cooked books.
- A new consultant disappears with your client list.
- A cybercrime ring targets your company.
Corporate fraud—internal and external—is widespread ... Read more...
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By Dezan Shira & Associates, Posted:
13th January 2015 12:43
SINGAPORE – On December 9, 2014, Singapore became the first country in Southeast Asia to sign an Intergovernmental Agreement (IGA) on tax information sharing with the United States. The signing follows an in substance agreement reached between Singapore and the US ... Read more...
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By Greg Williams and Richard Abraham, Posted:
9th January 2015 09:06
Under Australian law, a person who claims to have been injured as a result of a product can bring an action for compensation on a number of grounds. The causes of action most commonly plead are the common law tort of negligence, a breach of a statutory duty or a breach of the Australian Consumer Law (ACL) (formerly the Trade Pra ... Read more...
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By Jorgelina E. Araneda , J.D., LL.M., Posted:
8th January 2015 09:00
The recently announced executive actions of President Obama of the United States makes it clear that the current Administration wishes to modernize and improve the country's immigration programs to grow the economy and create jobs. This is important because the current status of business and employment immigrant visas is in flux.
Eac ... Read more...
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By Dezan Shira & Associates, Posted:
7th January 2015 09:56
SHANGHAI – As China faces increasing social and environmental challenges, the role of non-governmental organizations (NGOs) in addressing such issues has been recognized by the Chinese government to a greater extent than ever before. As evidence of this, the number of NGOs registered in China has almost doubled over the past decade.
... Read more...
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By Karen Jelsma, Posted:
6th January 2015 08:54
More frequently consumers buy their products outside their own home country which results in an increase of the cross-border trade. With the increase of the global market, situations can arise in which a large (known or unknown) number of persons throughout the world get injured by a defective product or as a result of a wrongful act. Collective redress mechanisms, including th ... Read more...
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By Grace Tate, Posted:
5th January 2015 09:24
The Indian government has long been wary of foreign political interference through the operation and funding of non-governmental organizations (NGOs). As a result, the current legislation affords regulatory discretion to the government by prohibiting foreign funding for political organizations and imposes onerous reporting requirements for all NGOs. Recent intelligence reports have sparked fears t ... Read more...
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By Edward Barbour-Lacey, Posted:
19th December 2014 09:14
HCMC – Tourism is big business throughout Asia. With its rising middle class, Chinese tourists are traveling throughout the region. Countries like Vietnam are seeing significant growth in their tourism industries. As a result, more and more companies are looking to set up operations in the region. In this article we look at the regulations around setting up a tourism company in ... Read more...
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By Jeenendra Bhandari, Posted:
18th December 2014 09:10
The Companies Act, 1956 had more than 650 sections; it was amended several times according to changing economic scenarios. The Act came into force when there were only approx 0.03 million companies in India which is now raised to more than one million. 57 years after the first Companies Act was enacted and over 20 years after liberalisation, India inched closer to bringing more ... Read more...
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By Mark Booth , Posted:
17th December 2014 09:02
Historically, Private Investigators in the UK are largely overlooked for mainstream investigation. Eclipsed by what was once the greatest Police force in the world, their market was limited. This was due to the commonly accepted reality that the Police would investigate and solve, successfully or not, anything that the general public could throw at them.
... Read more...
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By Dezan Shira & Associates, Posted:
16th December 2014 09:05
DELHI – Last month, India signed a Memorandum of Understanding (MoU) with the U.S. that will pave the way for an influx of investment into various infrastructure projects. While the focus of ... Read more...
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By Dezan Shira & Associates, Posted:
15th December 2014 08:40
HANOI – The Vietnamese government has issued a decree to increase the country’s minimum salary by between VND250,000-VND400,000 (US$12-$19) starting January 1, 2015. This will bring the wage floor to between VND2.15 million-VND3.1 million ($101.4-$146.2) depending on the region.
The minimum wage will be highest in Region One, which includes ... Read more...
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By Dezan Shira & Associates, Posted:
9th December 2014 08:55
Tax, Accounting, and Audit in China 2015, out now and available for download in the Asia Bri ... Read more...
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By Benedict Lynn, Posted:
8th December 2014 09:10
In the second part of this two part article examining how the Foreign Corrupt Practices Act (FCPA) will affect key nations in Asia-Pacific, we focus this week on ASEAN. ... Read more...
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By Adam Pitman, Posted:
4th December 2014 09:10
In September, Prime Minister Narendra Modi announced plans to relax visa restrictions for Non-Resident Indians. Expatriates have long been seeking a simplified application process for employment visas in India, and the reform initiative has buoyed the hopes of foreign nationals with an interest in the country.
While the Indian government may introduce tourist v ... Read more...
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By Benedict Lynn, Posted:
2nd December 2014 09:39
The Foreign Corrupt Practices Act (FCPA) is a piece of U.S. federal law that aims to achieve accounting transparency and clamp down on corruption. Its remit is extensive and includes both U.S. companies and companies incorporated in the U.S., along with their officers, directors, employees, stockholders, and agents. The act prohibits payment to foreign officials, which it broadly defines as being: ... Read more...
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By Jackson Shuai-Sheng Huang, Posted:
27th November 2014 09:10
In Taiwan, there are no specific sets of statutes dealing with product liability cases. However, their relevant regulations concerning product liability are included in the Civil Code. If a consumer is injured due to defects in a product or service, there are two different claims that he can assert in an attempt to remedy his injuries in accordance with the Civil Code. ... Read more...
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By Steven Elsinga, Posted:
26th November 2014 09:43
China and Australia concluded a Free Trade Agreement (FTA) on November 17 in Canberra, with Chinese President Xi Jinping and Australian Prime Minister Tony Abbott signing the official document. This marks the conclusion of negotiations originally begun in 2005.
China is Australia’s largest trade partner, with 20 percent of Australian imports coming fro ... Read more...
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By Dezan Shira & Associates, Posted:
21st November 2014 09:23
HCMC – Foreign exchange control is a paramount concern of all foreign investors entering into Vietnam, as regulations on capital inflows and outflows have a great influence on operations and profit.
Foreign exchange control includes transferring capital into and out of the country, opening and using bank accounts, borrowing foreign loans and ... Read more...
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By Jawaid Rehman, Posted:
14th November 2014 09:15
Over the past decade or so, many public sector employers have been faced with huge liabilities that have arisen from equal pay claims. These claims have come about primarily due to the implementation of job evaluations schemes - Single Status in local authorities and Agenda for Change in the NHS. But will these claims find their way in to the private sector. I would s ... Read more...
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By Jorge Llevat & Paula Barnola, Posted:
12th November 2014 09:16
The Spanish reference pricing system has been recently reformed with the introduction into Spanish legislation of Royal Decree 177/2014, 21 March, regulating the reference pricing system and the medicines homogeneous groups in the National Healthcare System(the “Royal Decree”) and the Ministerial Order SSI/1225/2014 (the “Order”), which develops the former.& ... Read more...
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By Richard D. Emmerson , Posted:
11th November 2014 09:36
Indonesia is the largest economy in Southeast Asia and is a member of the G-20 major economies. Annual growth averaged 5.8 percent for the 10 years through 2013. Accompanying this economic growth, and perhaps encouraging it, Indonesia has seen gains in its equality rankings. In the 2013 Human Development Report prepared by the United Nations Development Program, Indon ... Read more...
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By Zhou Qian, Posted:
10th November 2014 09:17
Heightened pressure in China’s labor market means that employers are commonly required to terminate employees to optimize their business operations. Legally speaking, this is by no means an easy thing to do, especially under the comparatively stringent regulations on terminating employment contracts since 2008. ... Read more...
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By Jonathan Burger, Posted:
5th November 2014 08:56
Over the last 25 years Luxembourg has built up its position as the most popular domicile for undertakings for collective investments in transferable securities (“UCITS”). At the same time Luxembourg has developed a strong track record in alternative investment funds structure such as hedge funds and funds of hedge funds, private equity vehicles and real estate funds.& ... Read more...
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By Wioletta Gwizdała, Posted:
4th November 2014 09:19
The Unfair Competition & Compliance Law Portal, launched on 1 October 2014, is devoted to law concerning combating unfair competition.
This international project is an effect of cooperation of partner law offices from Poland, Germany and France.&am ... Read more...
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By Edward Barbour-Lacey, Posted:
27th October 2014 09:07
HCMC – Recent high-level government meetings have confirmed that Vietnam and the United States are continuing to strengthen their bilateral relations. Among the important agreements are trade deals such as the Trans-Pacific Partnership (TPP) and the removal of a US arms embargo. In 2015, the two countries will celebrate their 20th anniversary of ... Read more...
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22nd October 2014 09:07
Online gaming companies who have a UK based customer field but are based off-shore are set to face an increase in tax, with a new levy coming into fruition from December. As it currently stands, gaming companies’ taxes are based on where they are geographically registered, rather than the location of their customer base, but this new legislation drawn together by the government ... Read more...
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By Simon Young & John Mackle, Posted:
20th October 2014 08:56
Mitchell v Newsgroup Newspapers Limited [2013] EWCA Civ 1537concerned a libel action by former government minister, Andrew Mitchell against The Sun newspaper which reported that Mitchell had called police officers at the entrance to Downing Street “f***ing plebs”. For litigation lawyers, Mitchell has become synonymous not with ... Read more...
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By Rainy Yao, Dezan Shira & Associates, Posted:
10th October 2014 08:41
For foreign companies looking to expand into the Chinese market, a representative office (RO) is the easiest type of entity to set up, as it entails no requirements in terms of registered capital. However, investors should be warned that in China, deregistering a representative office can be even more time-consuming and complex than setting up a new one. In this article, we detail the full process ... Read more...
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7th October 2014 09:32
Against the backdrop of Dubai’s success with Expo 2020 and the emergence of green shoots of recovery, the prospects of resurgence in the property market look very promising. Is the time ripe for replacing the negative sideshow of dispute resolution with the positive endeavour of delivering quality projects, on time and on budget? If so, have the banks recovered their ... Read more...
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By David Schoch & Patricia Gannon, Posted:
6th October 2014 09:34
From May of this year through the end of August, the government of the Republic of Serbia has enacted a number of changes to the commercial legal framework of the country. The changes enacted provide a fairly good signal from the current government about their priorities in the coming years and their views on the challenges at present to the Serbian economy. These legislative c ... Read more...
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By Prof. Dr. Jürgen Wessing, Posted:
3rd October 2014 11:09
Sanctioning corporations is a never-ending theme. Various names of large companies are afflicted with negative headlines caused by offences of their employees, which resulted in fines up to billions.
The white collar crime debate in Germany is actually dominated by a draft law, which concerns the introduction of a corporate criminal law. Suc ... Read more...
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By Jin Nee Wong , Posted:
1st October 2014 09:20
The Malaysian franchise industry is highly regulated. The Franchise Act 1998 (“the Act”) was effective since 8 October 1999 and was amended by the Franchise (Amendment) Act 2012 which came into force on 1 January 2013. The Act applies to the sale and operation of any franchise in Malaysia and regulates almost every aspect of a franchise including registratio ... Read more...
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By Pedro Callol & Jorge Manzarbeitia, Posted:
30th September 2014 08:59
If your company is a member of one of the myriad of trade associations active in the European Union (EU) you should stop for a second and think about this: your company may be found to be liable for antitrust fines imposed on the trade association of which your company is a member; and indeed your company is very likely to be found liable, since these associations usually lack any substantial econ ... Read more...
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By Lydia B. Bunni & Dr Nael G. Bunni, Posted:
19th September 2014 09:51
Historically in Irish Law, where an arbitration agreement was found to exist between the Parties, Irish Courts, unless satisfied that the arbitration agreement was “null and void, inoperative or incapable of being performed or that there [was] not in fact any dispute between the Parties”, would make an order staying any court proceedings regarding that disp ... Read more...
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By Paul Jonson & Elizabeth Wilkinson, Posted:
28th August 2014 09:21
Alternative dispute resolution (ADR) is an umbrella term for the various techniques which may be deployed to resolve commercial disputes outside of the courts. The term encompasses arbitration, mediation, expert determination, early neutral evaluation as well as informal negotiations and settlement meetings.
In our experience, mediation has ... Read more...
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By Guy Cowan & Ross McDonough, Posted:
20th August 2014 09:46
A recent, unreported decision of the Grand Court has provided some welcome guidance to liquidators and stakeholders alike on the question of litigation funding in liquidations.
In the Cayman Islands, all forms of alternative fee arrangements and commercial litigation funding were historically prohibited, as a matter of public policy, by criminal and civil laws against ma ... Read more...
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By Luke and Associates, Posted:
18th August 2014 09:27
Recent trends show a positive approach to arbitration as a preferred means of dispute resolution as opposed to litigation. Firstly, there has been an increased use of arbitration in Botswana; this is mostly because of a rise in commercial disputes, international and regional transactions between state parties and/or business men. Furthermore, disputes connected with the terms a ... Read more...
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By Dr. George Lin, Eric Hsu & Ross Darrell Feingold, Posted:
15th August 2014 09:08
As in other jurisdictions, disputes between structured notes investors in Taiwan and distributor banks increased dramatically from September 2008’s financial crisis when such products lost significant value or ceased to trade. Under Taiwan’s regulatory structure, investors purchased the notes via non-discretionary trust account at a distributor bank, which in turn pur ... Read more...
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By Vanessa Lloyd Platt, Posted:
12th August 2014 08:40
Over the last two years certain discernible trends have been developing in divorce and matrimonial cases. Some are as a direct result of the impact of the recession and others as a result of changing social trends.
This article is about the trend of the silver splitter. What is this? How is it affecting clients and what a ... Read more...
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By Barbara Hart, Vincent Briganti & Geoffrey Horn, Posted:
5th August 2014 10:28
While there is some controversy about whether U.S. courts should police global conspiracies, there are vibrant and noteworthy remedies available when foreign conduct gives rise to a Sherman Act claim. The United States Congress passed the Foreign Trade Antitrust Improvements Act in an effort to limit the foreign reach of the Sherman Act, 15 U.S.C. § 6a, “exclud[ing] fr ... Read more...
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By Dr. András Gurovits, Posted:
1st August 2014 08:45
In conjunction with riots by rioting "fans" before, during and after a sports event, there are regularly calls for the organiser to be held responsible for the financial consequences. In this short article, it is shown that it needs to be differentiated whether a person comes to harm outside or inside the stadium.
The organiser can s ... Read more...
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By Dezan Shira & Associates, Posted:
31st July 2014 08:40
SINGAPORE – Regulatory compliance issues and a lack of secure business communication processes are among the key challenges in corporate governance faced by companies operating in Asia-Pacific, according to the latest results of the Thomson Reuters and EY 2014 Governance Survey.
The Reuters’ report surveyed employees from the governance teams of a wid ... Read more...
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By Claire Carpenter, Posted:
30th July 2014 09:30
The payday loans market has come in for some considerable criticism during the last few years and come under the spotlight of the consumer credit industry’s watchdog, the Financial Conduct Authority (FCA).
What has all that attention meant for payday loans in 2014 – and what are likely to be the longer-term implications?
&nb ... Read more...
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By Patti McKeown, Posted:
29th July 2014 08:47
Many organisations today are either required to have a compliance program or clearly understand the need to protect the organisation and have proactively established a compliance function. The question, however, is whether the compliance program is effective.
Regardless of the industry – but particularly for those industries that are regulat ... Read more...
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By Chris Colbridge & Philipp Kurek, Posted:
25th July 2014 08:49
Upon entry into force of the Lisbon Treaty on 1 December 2009, exclusive competence relating to Foreign Direct Investment (“FDI”) was transferred from the EU’s Member States to the EU. This provided the EU with a unique opportunity to set a new agenda for investment protection and the settlement of investor-state disputes between the EU block and third state ... Read more...
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By Matthew Zito & Maria Kotova, Posted:
24th July 2014 09:39
SHANGHAI – Companies evolve. Whether through natural expansion or midlife crises, sometimes it becomes necessary to branch out into something new. In China, a company’s operations are defined by its business scope, a one-sentence description of the industry(s) it is authorized to operate in. Therefore, any significant change to company operations must be preceded by a registere ... Read more...
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By Siobhain Egan, Posted:
21st July 2014 09:09
Money laundering is rarely out of the news these days. There appears to be a renewed focus by international regulators on trade-based money laundering (TBML). There is nothing new about TBML; it has been going on for decades. For example, the Mexican drug cartels are experts in this area, following the example of their Colombian counterparts. It is a sophist ... Read more...
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By Luke and Associates, Posted:
15th July 2014 08:37
Recent trends show a positive approach to arbitration as a preferred means of dispute resolution as opposed to litigation. Firstly, there has been an increased use of arbitration in Botswana; this is mostly because of a rise in commercial disputes, international and regional transactions between state parties and/or business men. Furthermore, disputes connected with the terms a ... Read more...
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By Rovine Chandrasekera, Posted:
10th July 2014 09:04
As the UAE increases its status as a global hub for finance and investment, the issue of fraud becomes increasingly prominent.
The UAE's authorities are intensifying efforts to develop and adapt legislation to combat the increasingly sophisticated financial crimes to maintain a reputation as a safe environment for international companies to in ... Read more...
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By Michael May, Posted:
9th July 2014 08:46
The Bribery Act came into force on 1 July 2011. Described as the toughest anti-corruption legislation in the world, it has a much wider remit than its international counterparts such as the US Foreign Corrupt Practices Act and aims to criminalise all forms of bribery. The Act has had a significant impact on how UK businesses of all shapes and sizes conduct their affairs, target ... Read more...
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By Jason Galbraith-Marten QC, Posted:
1st July 2014 08:56
‘Before anything else, preparation is the key to success.’ Alexander Graham Bell
The number of recent cases in the UK in which judges have commented adversely on witness performance is remarkable. For exam ... Read more...
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By Maxim Pyrkov & Maxim Kulkov, Posted:
24th June 2014 11:45
On 27 July 2010 the Insider Trading Law (the Law)[1] was adopted in Russia. Adoption of the Law triggered, inter alia, ... Read more...
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By Dezan Shira & Associates, Posted:
18th June 2014 09:06
Chinese Foreign Minister Wang Yi has said that China is prepared to reach a final settlement with India on the issue of border disputes and investment if India is open to increasing bilateral trade and relaxing foreign direct investment regulations.
“Through years of negotiation, we have come to an agreement on the basics of a boundary agreement, and we are pre ... Read more...
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By Dezan Shira & Associates, Posted:
5th June 2014 08:30
HANOI – Vietnam’s government is seeking to issue draft amendments to a number of laws in order to help streamline business activities and make existing regulations easier to understand. These laws include the Law on Enterprises, the Bankruptcy Law, and changes to regulations surrounding the Law on So ... Read more...
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By Dezan Shira & Associates, Posted:
2nd June 2014 08:48
A clarified definition of an “instrumentality” of a foreign government under the FCPA will impact American company relationships with state owned, and partially state-owned enterprises across Asia.
A landmark ruling by the Eleventh Circuit Court has clarified the definition of an “instrumentality” of a foreign ... Read more...
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By Nick Boyes, Posted:
30th May 2014 08:50
As a way of drawing attention to the seismic change to the UK pensions landscape announced in the Budget speech in March 2014, admitting that you could use your pension savings to purchase a Lamborghini was inspired.
For those of us within the pensions industry this unforeseen development has caused as much excitement as the arrival of a £26 ... Read more...
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By Webb Ward, Posted:
27th May 2014 08:45
Payroll performance was often traditionally thought of as part of the manager’s or HR department’s tasks – a boring and tedious job that takes up much time, but an important task nevertheless. In recent years, however, it has become more common for such activities to be outsourced to other companies, companies that specialise in payroll services. Its popularity has no ... Read more...
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By Ariela Agosin Weisz & Nelson Campos Pereira, Posted:
26th May 2014 09:04
Ready, set, go!
On December 17, 2013, former Chilean President Sebastián Piñera, along with his Education and Health Ministries, announced the publication of the Food Labelling Law (N° 20606 of 2012) Rules, which specified the applicability, administrative measures, deadlines to ada ... Read more...
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By Hugo Hernández-Ojeda Alvírez, Posted:
22nd May 2014 08:47
The Mexican Federal Labor Law governs employment relationships in Mexico; such regulation applies to all work relationships. The Law is of constitutional origin, and its dispositions cannot be waived.
In December 2012, after 42 years, the Mexican Federal Labor Law was finally amendment (“Labor Reform”) with new rules for the employ ... Read more...
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By Dezan Shira & Associates, Posted:
16th May 2014 11:01
HANOI – In a May 5th speech to the National Convention on Anti-Corruption, Vietnam’s Party General Secretary, Nguyen Phu Trong, strongly pushed for greater action to be taken in the fight against corruption.
Mr. Trong stated that, despite previous work done to fix the problem, “corruption is still a challenge and is one of the most pressing issues in soci ... Read more...
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By Mónica Schiaffino, Posted:
14th May 2014 08:55
As Latin America has become home to an increasing number of multinational enterprises, we have seen a corresponding growth in expatriates living and working in Latin America. While this transition can be accomplished without undue hardship, before companies employ expatriates in Mexico they must consider Mexican labour relati ... Read more...
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By Tamsin R. Kaplan, Esquire & Evgenia I. Goryshina, Esquire , Posted:
12th May 2014 09:10
Former employees may be out of sight, but certainly not out of mind. If a former employee of a company is hired by a competitor, the company risks losing more than its trade secrets and confidential information: its goodwill, reputation, and relationships with its customers, clients, and vendors are all at stake. As labour mobility has increased, employers in the United States ... Read more...
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By Lawrence Helman , Posted:
7th May 2014 11:42
One of the key features of the South African legal landscape in recent times has been the inbound investment from major retail players including Walmart, H&M, Ben Sherman, Burger King and General Nutrition Centre, to mention but a few. Many of these international retailers now entering the South African market are presenting new competitive challenges to the well-established reta ... Read more...
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By Julie Trotter, Posted:
30th April 2014 08:44
Cross-border employment relationships provide valuable growth opportunities for employees while giving companies access to unique talent, skill sets, and points of view. Employees may seek expatriate opportunities for personal reasons or professional development. According to a recent Mercer survey, 70% of companies expected to increase their short-term expat assignme ... Read more...
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By James Davies & Tarun Tawakley, Posted:
25th April 2014 12:54
Since coming into power in 2010, employment law, and specifically its reform, has been a hot topic for the UK’s coalition Government – with most changes aimed at boosting business by cutting red tape. Having made no fewer than 59 legislative changes to employment law to date (each with varying degrees of controversy, and arguably success), this trend looks set to cont ... Read more...
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By Gülperi Yörüker, Posted:
23rd April 2014 09:09
There are two alternative options for delisting of a public company quoted in Istanbul Stock Exchange which have been stipulated under the new Communiqués of the Capital Markets Board of Turkey (“CMB”). The “Communiqué on Common Principles regarding the Significant Transactions and the Retirement Right” of the Capital Markets ... Read more...
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By David Lee, , Posted:
16th April 2014 08:42
The requirements for establishing a local business presence in Singapore are minimal and, according to the World Bank, setting up a business takes only two and a half days on average.
Holding companies in Singapore are typically registered as private limited companies (or “subsidiaries”), and this company structure is by far the preferred business arr ... Read more...
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By Claes Langenius & Peter Ahlström, Posted:
10th April 2014 09:08
The long awaited verdict in the Svensson case regarding the complicated issue of hyperlinking was recently given by the Court of Justice of the European Union (“CJEU”). In this article Claes Langenius and Peter Ahlström from the law firm Hammarskiöld & ... Read more...
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By Dezan Shira & Associates, Posted:
8th April 2014 08:41
Since the mid-1990s, Singapore has earned a reputation for being the preeminent location for establishing a holding company in Asia. As a banking and financial services hub, Singapore is the Association of Southeast Asian Nations’ (ASEAN) de facto commercial capital, and has carefully forged its legal and tax regimes to be among the most business- and investor-friendly in the world. ... Read more...
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By Sarah Mogford – Director RSK Environment Ltd, Posted:
4th April 2014 08:56
Recent economic and M&A deal outlook have noted that there is likely to be a continuing positive trend in the number of deals we see in the energy, power and renewable sectors internationally over the coming year. There are, as one might anticipate, a wide variety of potential environmental issues which may be encountered in in these sectors. Environmental due diligence ... Read more...
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By Octávio Aronis, Posted:
2nd April 2014 08:38
As an attorney in São Paulo, Brazil, simply speaking, navigating the Brazilian legal process can be difficult and time-consuming.
I always carefully explain to all of my clients that due to the costly bureaucratic legal process, commercial litigation should only be pursued when all other alternatives have failed. For example, obtaining a ju ... Read more...
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By Webb Ward, Posted:
31st March 2014 09:21
Workplace injuries can lead to disastrous consequences. A worker injury might imply that the concerned employer has not been able to create safer work conditions for employees. There are different types of workplace injuries sustained by individuals. As you go further through the post you would be duly acquainted with the dynamics of these types of mishaps. & ... Read more...
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By Shawn Greene, Posted:
21st March 2014 09:15
For the first time in five years, worldwide defense spending will increase according to IHS Jane’s Annual Defence Budgets Review.
According to the forecast, China is on track to outspend the UK, France and Germany combined by 2015, and Asia Pacific remains the only region with a steady increase in defense expenditures fro ... Read more...
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By Jacqueline Zesiger, govAccess GmbH, Zürich, Posted:
20th March 2014 08:54
Global Labor Market - Resident and Work Permit Switzerland
In the course of globalisation and technological progress, enterprises depend more than ever on foreign talents that are experienced and qualified. However, work permits such professionals are not easy to be obtained for non-EU-citizens and certain criteria need to ... Read more...
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By Dezan Shira and Associates, Posted:
19th March 2014 09:01
For several years now, the United States has been preparing legislation under the Foreign Account Tax Compliance Act (FATCA), a complex reporting and withholding regime intended to enable the U.S. to better access offshore accounts, investments and income of U.S. citizens who have failed to rigorously report these holdings. Despite several nations’ embrace of the FATCA, China h ... Read more...
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By Mark Ashburn, Posted:
18th March 2014 08:58
Separations are a nightmare. Whether you are going through a divorce or breaking up a partnership, dividing up assets can be difficult and stressful. This is true enough of something like a second hand car where a value is easily obtained but what about assets where the value is harder to agree?
Whether as a result of a shareholder dispute, dividing u ... Read more...
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By Dezan Shira & Associates, Posted:
13th March 2014 08:58
SHANGHAI – China’s State Council disseminated Order No. 648 (“Order 648”) last Friday in a move towards further implementing the recently revealed business registration reform scheme. The Order, signed by Premier Li Keqiang, abolished two administrative regulations pertaining to capital contribution requirements for Sino-foreign joint ventures, and revised e ... Read more...
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By David Lamb , Posted:
7th March 2014 08:52
Schemes of arrangement are a popular way to privatise or restructure companies but the threshold for approval of a scheme of arrangement carries an olde sting in the application of the headcount test.
Schemes require approval by a majority in number (headcount test) of members holding 75% in nominal value of the relevant shares.&l ... Read more...
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By Shawn Greene, Posted:
26th February 2014 08:46
At the so-called “Three Amigos Summit” in Toluca, Mexico, celebrating the 20th anniversary of NAFTA this week, the leaders of Canada, Mexico and the United States have vowed to expand free trade agreements between North America and Asia while pushing for the successful conclusion of Trans-Pacific Partnership (TPP) negotiations this year.
& ... Read more...
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By Masashi Yanagida, Posted:
25th February 2014 08:34
The standard of judgment regarding inventive step or un-obviousness in examination of patent applications, and also, the standard of judgment of validity of patents has changed with the times in the Japanese patent practice. The recent notable change of the standard was observed as follows.
Until the year of 2000, the Japan Patent Office (JPO) and the ... Read more...
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By Dezan Shira and Associates, Posted:
20th February 2014 09:03
To register a foreign-invested enterprise (FIE) or a representative office (RO) in China, it is a prerequisite to own or lease an office premise (as the place of business). The State Administration of Industry and Commerce (AIC) requires proof of a place of business for the registration of all FIEs. As such, the FIE must possess all legal documents pertaining to the premise as required b ... Read more...
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By Dezan Shira and Associates, Posted:
18th February 2014 08:35
For several years now, the United States has been preparing legislation under the Foreign Account Tax Compliance Act (FATCA), a complex reporting and withholding regime intended to enable the U.S. to better access offshore accounts, investments and income of U.S. citizens who have failed to rigorously report these holdings. Despite several nations’ embrace of the FATCA, China h ... Read more...
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By Andrew Bodnar, Posted:
10th February 2014 08:43
Fraud, “white collar crime”, corruption and asset recovery – areas which increasingly overlap and which are increasingly an integral part of business, rather than being something to be thought about only when there is a problem, or as part of a company’s regulatory obligations. There have been significant developments in the law, but also significa ... Read more...
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By Thad Davis & Christine Fujita, Posted:
7th February 2014 08:58
In California, seven trial courts have civil litigation departments dedicated exclusively to complex cases—the Superior Courts of Alameda, Contra Costa, Los Angeles, Orange County, San Francisco, Santa Clara, and San Mateo. A “complex” case is defined as “an action that requires exceptional judicial management to avoid placing unnecessary burdens o ... Read more...
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By Dezan Shira & Associates, Posted:
30th January 2014 09:30
The accounting profession in China and, more generally, Asia, will undergo dramatic changes over the next decade as competition intensifies and business complexity increases, according to the Intuit 2013 Future of Accounting Report. More accoun ... Read more...
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By Dezan Shira & Associates, Posted:
28th January 2014 08:50
The Chinese affiliates of the well-known “Big Four” accounting firms are suspended from providing audit services for U.S. listed companies for six months, an Administrative Law Judge with the Securities and Exchange Commission (SEC) ruled on Wednesday. The ruling could affect a lot of Chinese companies listed in the U.S. stock exchange market and U.S.-based multinational compan ... Read more...
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By Catherine Mateu, Posted:
27th January 2014 09:39
The past year was quite dense with regards to international protection of pharmaceutical products in Europe, with several crucial rulings from the European Court of Justice on referrals from member states jurisdictions.
Starting with a regional point of view, on July 18 2013 (C-414/11), the European Court of Justice ruled that TRIPs provisions regardi ... Read more...
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With James Macguill – Macguill & Company, Posted:
24th January 2014 11:11
The Fraud & White Collar Crime landscape has changed – and continues to change – significantly, particularly in the aftermath of the Libor scandal. We spoke with James Macguill of Macguill & Company to find out discuss the latest trends and developments.
James Macguill has been involved in co-operating with lawyers ... Read more...
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By Webb Ward, Posted:
21st January 2014 08:50
Why Hong Kong?
Hong Kong, it is a reputed, business friendly, no capital gain taxes, no withholding taxes, low tax jurisdiction without sales taxes and no tax on profits made by doing business activities internationally. Thus, Hong Kong is considered as the best and logical choice for running international businesses.
& ... Read more...
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By Dezan Shira & Associates, Posted:
16th January 2014 08:47
With the aim of stimulating social investment and entrepreneurship, China’s National People’s Congress adopted the “Amendment to the Company Law of People’s Republic of China” (hereinafter referred to as ‘Amendment’) on December 28, 2013, which has lowered the company establishment requirements and reformed the ... Read more...
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By J. Leonard Teti II & Jay S. Gill, Posted:
13th December 2013 09:17
On 15 May 2013, the U.S. Treasury promulgated final regulations that finally allow taxpayers to make an election, under Section 336(e) of the U.S. Internal Revenue Code (the “Code”), to treat a disposition of stock of a U.S. corporate subsidiary (or of an S corporation) as a disposition of that corporation’s assets. We refer to the Section 336(e) election as ... Read more...
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By Brian Wright , Posted:
29th November 2013 09:13
The landscape of product liability class actions has changed significantly in recent years, generally favouring defending companies. Recent decisions from the Supreme Court have been seen as decisive victories, indicating an escalating trend toward enhanced judicial scrutiny of certification issues. Such decisions have caused plaintiffs to shift their focus from injury actions ... Read more...
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By Noel Dilworth, Posted:
26th November 2013 09:04
June 2013 saw the publication of the draft Consumer Rights Bill. The appointment of a Parliamentary Committee to scrutinise the Bill and the volume of responses to the consultation reflect the fact that the Bill raises some serious issues and that there may be many more changes before the Bill goes onto the Statute books.
The twin intentions ... Read more...
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By David Jaroslaw & Wendy Michael, Posted:
22nd November 2013 09:11
(Adapted from “The Expert Witness as Teacher: How a "Neutral" Tutorial Can Enhance a Jury's Understanding of Your Case,” FDCC Quarterly, Volume 62(2) Winter 2012)
Modern litigation brings with it great commitments of lawyer time and client expense, detailed examination of both law and f ... Read more...
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By Mark A. Behrens & Virginia Knapp Dorell, Posted:
20th November 2013 09:39
Civil litigation in the United States is widely perceived to take too long and cost too much. Much of this time and expense relates to pretrial discovery. All too often the discovery process is subject to abuse, marked by “fishing expeditions” by plaintiffs and use of the tools of discovery to harass and pressure defendants into settlements. The as ... Read more...
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By Dr. Lauri Railas, Posted:
8th November 2013 14:43
Corruption is undoubtedly one of the biggest problems facing civil societies and business life these days. Corruption prevents natural competition in a marketplace and thereby makes goods and services more costly. Corruption has a detrimental effect on the moral, legality and transparency in a society and is an enemy to democratic decision-making. By undermining predi ... Read more...
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By Jacqueline M. Valdespino, Posted:
29th October 2013 08:42
When you are not feeling well, you go to the doctor, your general practitioner. If the doctor says you need a heart bypass, you go to a cardiologist; if you need a hip replacement, you go to an orthopedic surgeon; if you have a kidney stone, you go to a urologist. In medicine, you go to the specialist you need.
The same is true in the law: go to a specialist, t ... Read more...
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By Dezan Shira & Associates, Posted:
24th October 2013 08:53
Several ASEAN countries have raised their minimum wage standards recently to adjust their respective salary levels to the rising costs of living and to provide their citizens with higher purchasing power. However, many businesses and investors have complained that the somewhat drastic wage hikes have hurt the market in terms of competitiveness and lowering worldwide interest in establishing a busi ... Read more...
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By Richard Parlour, Financial Markets Law International www.fmli.co.uk , Posted:
22nd October 2013 09:22
Money laundering deterrence seems to have taken a bit of a back seat in certain quarters recently. Many organisations have focused on economic survival, and that has meant cutting what are perceived as “costs”, without much thought being given to the benefits which are being axed by the same stroke of the CFO’s pen. At the same time, the corporate ... Read more...
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By Greg Wolski & Virginia Adams, Posted:
11th October 2013 09:37
Anti-corruption and anti-bribery issues continue to present significant risks in acquisition and investment transactions, as regulators around the globe continue robust enforcement in this area. Both the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission continue to demonstrate their shared commitment to fighting corruption in the context of transactions.&am ... Read more...
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8th October 2013 08:48
Have there been any recent legislative changes or interesting developments?
New changes to the Immigration Rules come into effect on Tuesday 1 October 2013, designed to bring “greater flexibility” for businesses, workers and visitors.
Key changes include the following: ... Read more...
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By Dezan Shira & Associates, Posted:
23rd September 2013 08:48
The Indian government has released new draft rules for the 2013 Companies Act, which will replace the original Companies Act of 1956. The new draft rules cover the first half of the Companies Act and will be open for public comment until October. The second half of the Companies Act draft rules will be released next week for stakeholder input.
The Companies Act ... Read more...
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13th September 2013 09:17
How do you assess whether a business has franchise potential?
There are many factors that we asses to determine franchiseability. The first is whether the business is a viable one. A business that loses money or that cannot make a profit is not going to be a model that anyone would be interested in owning; we loo ... Read more...
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By Dezan Shira & Associates, Posted:
6th September 2013 08:53
Once a conclusion has been reached concerning the issue of what kind of contract a company wishes to enter into for a particular employee role (direct employment, secondment or outsourcing), the next step will be the drafting of the contract. Normally, employment agencies and outsourcing companies will have their own template for the services they provide, but the company will need to design a lab ... Read more...
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By Dezan Shira & Associates, Posted:
4th September 2013 08:56
Singaporean Prime Minister Lee Hsien Long embarked on a week-long official visit to China earlier this week upon the invitation of Chinese Premier Li Keqiang.
During the visit, China stated its eagerness to review and continue improving its free trade agreement (FTA) with the Association of Southeast Asian Nations (ASEAN). In turn, Singapore has pledged its sup ... Read more...
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By Katri Joenpolvi & Leena Lindberg, Posted:
23rd August 2013 08:54
Some substantial changes have recently been made to Finnish competition law, attracting significant attention. The Finnish parliament approved two major legislative amendments to the Competition Act in the first half of 2013. Firstly, a market share threshold of 30 per cent for finding a dominant position is introduced in the daily consumer goods sector. This amendment will take effect in January ... Read more...
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By Dezan Shira & Associates, Posted:
22nd August 2013 08:37
China’s new Exit and Entry Law, which came into effect on July 1, 2013, requires all foreigners to register with their local public security bureau within 24 hours of arrival in the country, and failure to do so will result in a maximum fine of RMB2,000.
The new Exit and Entry Law has laid down the following provisions regarding the 24 hour registrati ... Read more...
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By Mark Katz & Charles Tingley , Posted:
21st August 2013 08:42
The CanadianCompetition Act prohibits various types of anti-competitive agreements between competitors. For example, it is a criminal offence for competitors to fix prices, allocate markets, and/or restrict output. Civil proceedings can also be brought against competitors who enter into any other type of agreement that has the effect of substantially preven ... Read more...
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By Linda Evans, Elizabeth Richmond & Alexia Takis, Posted:
20th August 2013 08:38
There has been a significant downturn in the number of Australian mergers in the past few years. Investors are cautious and are looking for greater certainty of success before commencing a transaction. Recent trends in the regulatory environment in Australia have added to the uncertainty for investors and present challenges for merger parties.
& ... Read more...
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By Dezan Shira & Associates, Posted:
19th August 2013 10:17
India’s import and export system is governed by the Foreign Trade (Development & Regulation) Act of 1992 and India’s Export Import (EXIM) Policy. Imports and exports of all goods are free, except for the items regulated by the EXIM policy or any other law currently in force. Registration with regional licensing authority is a prerequisite for the import and export of go ... Read more...
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By Joe E. Edwards, Thomas B. Snyder & Daniel R. Burstein , Posted:
15th August 2013 08:55
In the wake of the 2008 financial crisis, financial institutions have seen their business practices and compliance programs subjected to more exacting scrutiny from regulators and sharper criticism from politicians, commentators, and consumers. In recent months, there has been a spate of headlines regarding high-profile enforcement actions and record-setting penalties levied against some ... Read more...
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By Shirley Zhang, Yao Lu and Eunice Ku, Posted:
12th August 2013 08:12
In 2012, the number of China’s internet users rose by 10 percent to 564 million, and its e-commerce market increased by 66.5 percent to RMB1.3 trillion (US$190 billion) worth of transactions. These transactions accounted for 6.1 percent of total retail sales of consumer goods that year, compared to 5 percent in the United States. Further, 242 million internet users in China purchased goo ... Read more...
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By Mohamed Idwan (‘Kiki’) Ganie, Posted:
9th August 2013 09:35
In the post-1998 era, corruption has been reduced in the Indonesian court system; so the parties can now rely on disputes being determined on the respective merits. Consequently, any consideration in the past to declare Indonesia a “non-convenient” forum based on such concerns, would therefore no longer apply.
Court P ... Read more...
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By Dezan Shira & Associates, Posted:
8th August 2013 10:44
At last week’s State Council meeting held by Chinese Prime Minister Li Keqiang, it was decided that all eligible small and micro-sized enterprises in the country will be temporarily exempted from value added tax (VAT) and business tax (BT) starting August 1, 2013. The policy is only temporary for now, but the State Council has announced that a similar long-term policy is currently being ... Read more...
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By Dezan Shira & Associates, Posted:
6th August 2013 10:06
The Legislative Council of Hong Kong recently passed the Inland Revenue (Amendment) Bill 2013 (hereinafter referred to as the “Bill”) on July 10, which will enable Hong Kong to directly enter into tax information exchange agreements (TIEAs) with other jurisdictions. The Bill also enhances and makes more efficient the exchange of information related to all of Hong Kong&rsquo ... Read more...
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By John P. Rupp, Posted:
5th August 2013 08:54
The vast majority of the bribery investigations that we have handled over the past 20 years have begun with a call from a company representative. After having described the source and nature of the bribery concerns that have arisen, the tasks we have been asked to undertake have tended to focus upon a series of company interests – among them, determining whether bribes have bee ... Read more...
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By Dezan Shira & Associates, Posted:
2nd August 2013 10:38
Keeping out of trouble and understanding criminal liabilities in China’s business environment
In the light of recent scandals and arrests of foreign businessmen in China, we look at the roles, responsibilities and criminal liabilities of key personnel running fully operational companies in China. Foreign executives takin ... Read more...
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By Hamidul Haq, Posted:
1st August 2013 10:05
Overview of Singapore’s Enforcement Regime
Singapore has long enjoyed a reputation of being one of the least corrupt countries in the world. Our international rankings in this regard are high. In 2012, Singapore was ranked the 5th out of 176 countries in the Corruption Perception ... Read more...
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By Nguyen Huyen My & Le Thi Nhung, Posted:
31st July 2013 10:47
The global and local economic downturn has negatively impacted the health of the international business community, resulting in a number of bankrupted or liquidated companies or representative offices (ROs) throughout Vietnam. However, the closure of a RO may also arise from an entirely non-financial and positive set of reasons– for example, a foreign company may choose to close down its ... Read more...
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By Svitlana Kheda, Posted:
30th July 2013 10:50
Starting from 1 July 2011, the main legislative act dealing with combating corruption in Ukraine is the Law of Ukraine No. 3206-VI "On the Principles of Preventing and Combating Corruption" dated 7 April 2011 (the "Anti-Corruption Law"). The Anti-Corruption Law defines corruption and a corruption offence, introduces several important restrict ... Read more...
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By Chris Devonshire-Ellis, Posted:
29th July 2013 10:50
Comparing labor costs is always a difficult art, not least because different countries have different ways and mechanisms of measuring these. India, for example, imposes different minimum wage levels dependent upon specific work sectors, whereas China levies a minimum wage across the board irrespective of employment type. However, as the population demographics are now shifting to a younger workfo ... Read more...
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By Maarten Roos & Kathleen Cao, Posted:
26th July 2013 11:09
For many foreign companies and their Chinese subsidiaries dealing with Chinese counterparts, arbitration is the preferred choice to resolve disputes. Perhaps the single most important reason for the popularity of arbitration in China is that it avoids the risk of having to litigate in the home court of the Chinese party (local protectionism).
Arbitrat ... Read more...
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By Thad A. Davis and Michael Li-Ming Wong , Posted:
17th July 2013 09:00
2013 is witnessing the continued rise of the life sciences sector. Life sciences companies are accessing the capital markets at a brisk clip, with over a dozen IPO's in the first few months of the year, and the best IPO month in 13 years just concluded(1). The highest growth vectors and rates are in this sector. Life sciences is one area where U.S. companies ap ... Read more...
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By CA. Ravikant Modi and CA. Manoj Kumar, Posted:
15th July 2013 08:27
There are a number of ways to start a business in India, ranging from a joint venture to a liaison office. Whatever route you choose, it is important to have an understanding of the subsequent compliance issues, as these may vary depending on the type of legal structure you decide to incorporate. Below we outline the main compliance regulations which companies will encounter when operating in Indi ... Read more...
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By Scott A. Ehrlich, Posted:
11th July 2013 11:46
There is widespread support for adopting International Financial Reporting Standards globally, according to a recent study published by the IFRS Foundation.
“Of the 66 jurisdictions that responded to the survey, 95% have made public commitments supporting IFRSs as the single set of financial reporting standards suitable for global application,&rdq ... Read more...
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By Louise Eady, Posted:
1st July 2013 08:50
The fact that companies have a separate legal identity is long established. In their own right, companies can own properties, take out borrowings and enter into contracts. Lawyers are taught about the “corporate veil” from an early stage in our training. The corporate veil represents a long established principle that a company is independent from i ... Read more...
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By Hamidul Haq, Posted:
19th June 2013 08:48
Overview of Singapore’s Enforcement Regime
Singapore has long enjoyed a reputation of being one of the least corrupt countries in the world. Our international rankings in this regard are high. In 2012, Singapore was ranked the 5th out of 176 countries in the Corruption Perception ... Read more...
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By László Kenyeres & Barnabás Buzási, Posted:
30th May 2013 08:40
Before 1 July 2012 a termination judged to be unlawful could have had fatal financial consequences for a smaller company. Why? Let us imagine that a court decides, in its final decision rendered 3 years after the beginning of the lawsuit, that a termination was unlawful and the company as employer has to pay an amount equal to 50 months' average salary to the winning employee as ... Read more...
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By Hatim Sharif Zu’Bi , Posted:
24th May 2013 09:24
The topic of most interest in Bahrain at present is the introduction of the New Bahrain Labour Law; The Labour Law for the Private Sector Law No.36 of 2012 (New Labour Law) which became effective from 2 September 2012 and repeals and replaces the old Labour Law for the Private Sector (No. 23 of 1976) (as amended). Implementing regulations are also expected to followwhich will become effe ... Read more...
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By Michael A. Shadiack, Esq., Posted:
21st May 2013 08:56
The importance of an employee handbook cannot be over-stated. It is the most important employment-related document that an employer will possess. It provides the employer an opportunity to formally welcome new employees, explain its work rules and procedures, set forth its expectations of the workforce, and discuss the benefits offered. There is no one-size-fits-all e ... Read more...
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By Martin Warren, Posted:
17th May 2013 09:11
The UK general election of 2010 led to a centre-right coalition. The Coalition Agreement contained commitments to reform employment law and cut red tape, as well as promises to introduce new family friendly and equality rights for employees.
Fast forward three years and some progress has been made in reforming employment law. However, there ... Read more...
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By Yao Lu, Dezan Shira & Associates, Posted:
16th May 2013 08:45
China’s Consumer Protection Law, which was promulgated in 1993 came into effect in 1994, has contributed greatly to the protection of consumer rights in the past two decades. However, since the country’s consumption patterns and structures have undergone significant changes in the years since the law’s original release, some provisions of the current Consumer Protecti ... Read more...
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By William C. Martucci & Kristen A. Page, Posted:
15th May 2013 09:20
Introduction
The Equal Employment Opportunity Commission (commonly referred to as the EEOC) is the agency charged with enforcing many of our federal laws prohibiting workplace discrimination in the United States. In recent years, the EEOC has pursued with vigor its “systemic initiative” – an a ... Read more...
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By Dezan Shira & Associates, Posted:
14th May 2013 08:51
Jiangsu Provincial People’s Congress released the new “Labor Contract Rules of Jiangsu Province (hereinafter referred to as ‘Rules’)” on January 2013, which are the first labor contract regulations issued by a local government since China’s Labor Contract Law became effective in 2008. The Rules are scheduled to ... Read more...
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By Justin Bharucha & Donnie Dominic George, Posted:
13th May 2013 08:57
The unhappy condition of employment law remains a significant concern for the Indian industry. That legislation is archaic and inadequate to the needs of the modern Indian economy has been underscored by events of the last 18 months.
An extreme example of a breakdown in employee relations and the inadequacy of Indian employment law, in this context, was the str ... Read more...
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By Joseph M. Gagliardo, Posted:
8th May 2013 09:31
Retaliation in the employment context is the unlawful “payback” by an employer for something lawful the employee did. These paybacks can cost an employer big headaches, and big money. Retaliation charges, usually brought in tandem with other charges of discrimination, are the most common type of employment claim against employers, and comprised 38.1% (37,836 ... Read more...
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By Dezan Shira & Associates, Posted:
30th April 2013 09:10
In an effort to combat inflation and prevent any outbreaks of labor unrest, ASEAN countries have increasingly been following China’s strategy of pushing for higher minimum wage levels and enacting new labor laws which greater protect workers’ rights. Many countries also see minimum wage increases as an opportunistic method of raising the productivity of their labor force in pre ... Read more...
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By Ken Dai, Partner, Dacheng Law Offices, Posted:
26th April 2013 10:17
Preface
After almost ten-years’ of legislative efforts, the China’s National People’s Congress finally enacted the new Anti-Monopoly Law of China (the “AML”) as the China’s first comprehensive competition ... Read more...
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By Brian M. Clifford, Esq., Posted:
25th April 2013 09:31
A growing trend among U.S. employers is requesting applicants’ usernames and passwords to gain access to and review personal social-media accounts as part of the hiring process. There are arguments for and against employers doing so. The public outcry against this practice has caused lawmakers and social-media companies to take steps to address concerns. ... Read more...
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By Jezamine Fewins, Posted:
16th April 2013 09:32
Cantor Fitzgerald’s appeal against a lower court’s decision which found in favour of four of its ex-employees (Cantor Fitzgerald Europe and Cantor Fitzgerald (Hong Kong) Capital Markets Limited v Jason Boyer & Others (HCA44/2012) 29 February 2012) was to have been heard this month. However, the parties settled their dispute and the appeal hearing was vacated.& ... Read more...
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By Vidal Hockless, Posted:
25th February 2013 09:16
According to most reports, Australia is indeed “The Lucky Country”, awash with money, particularly in the iron ore and coal mining hotspots of WA and Queensland; and whilst the prices of many goods and services have increased significantly during the course of the “boom”, it has also produced wealth in distant communities.
... Read more...
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By Joe Catanzariti & Abraham Ash, Posted:
21st February 2013 09:11
Post-employment restraint litigation is becoming increasingly common in Australia. Post-employment non-solicitation restraints are seized upon by employers distraught at seeing former employees solicit the business of their valued clients.
However, if a restrictive covenant prohibits solicitation, does that mean a former employee can simply ... Read more...
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By Richard Ottley , Posted:
15th February 2013 09:59
Nothing is Ever Straightforward
Australia's employment law landscape comprises a complex and overlapping body of common law as impacted by State and Commonwealth legislation and various industrial awards made by industrial bodies (which awards set certain minimum employment conditions for various indu ... Read more...
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By Dezan Shira & Associates, Posted:
6th February 2013 12:58
Care is required when assessing the PE boundaries when engaging in short-term projects in China without possessing a legal establishment in the country
With many foreign companies with no China presence sending expatriate staff on short term contracts to work in the country, special consideration needs to be paid to what constitutes trigger ... Read more...
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By Elaine Aarons & Lisa Lewinsohn, Posted:
24th January 2013 10:14
The Rise of the High Fliers
Senior roles increasingly involve a significant international dimension and require considerable amounts of travel and time abroad. Technology has smoothed many rough edges associated with such a lifestyle and made working ‘on the move’ achievable and ea ... Read more...
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By Lee Fisher, Posted:
21st January 2013 09:00
The message is simple. Businesses face increased costs of litigation with the introduction of new reforms that will come into effect on all funding arrangements agreed after 1 April 2013.
Commercial claimants have, for a number of years, been able to fund their claims by way of a Conditional Fee Agreement (CFA) backed by after-the ... Read more...
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By Michael Stace, Posted:
17th January 2013 10:14
Small businesses with a turnover of less than £6.5 million and gross assets of less than £3.26 million are urged to consider new audit regulations as the government continues to push ahead with its plans to further simplify the audit exemption eligibility for small companies.
The Companies and Limited Liability Partnerships (Accoun ... Read more...
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By Joanne Davies, Posted:
11th January 2013 09:58
Numerous government initiatives were announced in 2012 including proposals to assist workplace dispute resolution, to reform the Employment Tribunal system and to reduce the burden of regulation on business. The aim of all these initiatives is to boost economic recovery and remove any barriers to growth. The result is some significant employment law changes in the months ahead. ... Read more...
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By Bee Lean Chew, Posted:
10th January 2013 10:20
Polly Peck, WorldCom, Parmalat, Enron, Olympus, Lehman Brothers and most recently, Autonomy – all are cases of accounting fraud which have shocked the world.
This article looks to explore some of the accounting methods by which companies can manipulate the presentation of their financial results to achieve desired outcomes, sometimes for fra ... Read more...
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By Matthew Amey, Posted:
6th December 2012 10:21
There is a new and burgeoning market of specialist funding companies offering money and expertise to help businesses large and small unlock the value tied up in their legal disputes. These funders are known as Third Party Funders (TPF) and they will pay for expensive legal costs on behalf of an entity or individual pursuing a commercial claim in the courts or via an arbitral tribunal in ... Read more...
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By Philip Forsang Ndikum, Posted:
23rd November 2012 10:27
Cameroon is a member of Communauté Economique et Monétaire de l'Afrique Centrale (CEMAC), a group of six countries with a common central bank, Banque des États de l'Afrique Centrale (BEAC). The Commission Bancaire de l'Afrique Centrale (COBAC) is the national and supranational watchdog for finance within CEMAC.
&nb ... Read more...
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By Dezan Shira & Associates, Posted:
19th November 2012 09:31
Whether your business uses foreign or domestic staff/workers when operating in India, there are a number of legal requirements to pay attention to, from visas for high-skilled workers to drawing up contracts for laborers.
In this article, we look at:
Visas for Foreigners
Contracts
Vis ... Read more...
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By Ross McDonough & Kirsten Houghton, Posted:
9th November 2012 10:19
On 2nd July 2012, the Cayman Islands brought into force its newly enacted Arbitration Law 2012 (“the Law”). The Law repeals in its entirety the former Arbitration Law (2001 Revision) which had long outlived its usefulness, based, as it was, on the outdated provisions of the United Kingdom’s Arbitration Act 1950, and brings into a force ... Read more...
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By Ilana Swimer, Posted:
5th November 2012 09:02
Employment law is constantly evolving. As an employer you need to ensure that you are up to speed with developments and the consequences for your business. Ilana Swimer, employment solicitor at Halebury, discusses key employment law developments from 2012, what’s in the pipeline for 2013 and the commercial impact of these changes.
... Read more...
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2nd October 2012 11:31
Julius and Creasy is one of the oldest civil law firms in Sri Lanka. Founded in 1879, the firm has established itself on rich tradition and the highest professional principles. Julius and Creasy’s wealth of expertise and experience in a wide range of specialised fields of Law enables it to offer innovative legal and business solutions to a diverse, sophisticated and h ... Read more...
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By Andrew Vaughan & Gavin Markham , Posted:
26th September 2012 12:21
Whether buying, selling or restructuring a business, pension schemes are likely to play a significant role within a corporate transaction. Failure to fully understand the complex pension issues could end up being very costly, result in time delays or even become a potential deal-breaker. Recent economic experience means that the vast majority of pension schemes are in a deficit ... Read more...
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By Selvyn Seidel & Sandra Sherman, Posted:
5th September 2012 09:34
Background & Summary
From the very beginning of the Third Party Funding industry, funders and defendants have engaged in hand-to-hand combat. Funders have insisted that funding ... Read more...
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By James Drakeford , Posted:
31st August 2012 09:37
August has picked up the baton to follow the same direction as months gone by with Barclays and the Eurozone continuing to dominate column inches around the world. Throw in the mega-money court case between Apple and Samsung along with tension in the public sector in Brazil and you have got yourself an intriguing month of news. Here is a brief round up of all the bi ... Read more...
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By Kirit S. Javali, Posted:
30th August 2012 09:43
Introduction
India’s legal system is well established with a hierarchy of courts and specific tribunals (i.e.Customs & Excise, Competition Commission and Telecom etc.) have been created to provide an effective resolution of disputes.&n ... Read more...
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By Lee A. Rosengard , Posted:
23rd August 2012 09:39
What is one to make of the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, – U.S. – , 131 S.Ct. 1740, 179 L.Ed.2d 742 (2011), and what are courts taking from that decision in making subsequent rulings? Two cases decided after remand by the Supreme Court following Concepcion come out in op ... Read more...
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By Haider Ali, Posted:
22nd August 2012 10:50
Corporate governance in the United States has long been a contentious issue ever since the 1970s when strictures became less and less fervent in order to accommodate the desires and wants of corporations..
Since then those left of the political spectrum have called for tighter regulations to help scrutinise the markets in which corporate ... Read more...
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By Dr. Tarek Riad, Posted:
17th August 2012 10:22
Egypt has a system of law that is based upon the European continental legal system, except in personal matters which are subject to the Sharia Law.
A principle division under Egyptian Law is between Private and Public Law which is primarily based upon the difference between private relationships and relations in which the State and Publi ... Read more...
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By Dezan Shira & Associates, Posted:
16th August 2012 08:46
With the objective of achieving greater transparency and procedural clarity, the Reserve Bank of India (“RBI”) issues the Master Circular on the Establishment of Branch/Liaison Offices in India by Foreign Entities every year on July 2 with a sunset clause of one year, laying down the eligibility criteria and procedural guidelines for setting up of branch offices (BO ... Read more...
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By Daniel Urbas & Robert J.C. Deane, Posted:
14th August 2012 09:05
In many arbitral disputes, the claimant may consider that unless the respondent is restrained from continuing its alleged misconduct or from taking a particular step on an interim basis, the final Award will ring hollow. For example, the assets in question may have been transferred to a third party, the claimant may suffer irreparable harm from the respondent's contin ... Read more...
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By Zia Mody & Shreyas Jayasimha , Posted:
9th August 2012 09:51
Courts in India are valiantly battling a staggering litigation overload with the Supreme Court alone having over 63, 000[1] cases pending as of June, 2012. While courts in India have to be approached for constitutional and statutory matters, parties are at liberty to opt for arbitration for commercial disputes. This article deals with an o ... Read more...
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By Haider Ali, Posted:
8th August 2012 08:27
Tracing assets within corporate funds can quite rightly ruffle feathers. Often bereft of sentiment, corporate guys with corporate funds interspersed with friends in high places can make it quite thorny for assets within corporate funds to be traced at all. A lot is dependent on corporations and how they set up funds and for what purpose.
... Read more...
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By Mark Bravin, Posted:
7th August 2012 09:09
Every well-recognised set of international arbitration rules in use today contains a provision requiring arbitrators to file a certificate of independence. The purpose of the certificate is to confirm the arbitrator’s impartiality and to elicit information that might provide grounds for challenging the arbitrator’s appointment. For example, the I ... Read more...
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By Dr. Mohamed Idwan Ganie, Posted:
2nd August 2012 09:37
Civil Litigation Process
Generally, the litigation process in a civil case in Indonesia proceeds as follows: (i) the plaintiff registers a suit with the District Court’s clerk’s office; (ii) the court then informs the defendant along with an order to appear in court on the first hearing day; (iii) o ... Read more...
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By Selvyn Seidel, Posted:
30th July 2012 08:53
Introduction & Overview
A lively focal point in the Third Party Funding industry has been the obligations of the Funders. In the UK that interest and re ... Read more...
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By Peng Shen, Posted:
26th July 2012 08:58
Dispute resolution clauses form an essential element of a business agreement. In the event of a dispute, the validity, enforceability and meaning of each article of the agreement rests upon the court or arbitration body appointed by the dispute resolution clause. Careful consideration should therefore be given to the dispute resolution clause when drafting an agreem ... Read more...
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By Gregory A. Litt, Posted:
20th July 2012 10:05
As the world of international transactions expands, cross-border judgment enforcement has become an increasingly important part of litigation and arbitration strategy, and successful parties often resort to aggressive judgment enforcement techniques in attempts to satisfy judgment debts. A recent decision by the chief judge of the federal district court in Manhattan ... Read more...
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By Haider Ali, Posted:
18th July 2012 10:49
Despite the vast success many Arab economies had prior to the economic recession that began in 2008, the concept of solvency is relatively new to the region as the law becomes rewritten into constitutions such as states from the United Arab Emirates to Oman. It is definitely going to have ramifications, both good and bad for the United Arab Emirates, as we bear witness to a n ... Read more...
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By Dezan Shira & Associates, Posted:
28th June 2012 09:17
China’s Ministry of Finance (MOF) and the State Administration of Taxation (SAT) jointly released the “Circular Regarding Pre-tax Deduction Policies on Advertising and Business Promotion Expenses (caishui [2012] No.28, hereinafter referred to as ‘Circular’)”on May 30, which is retroactively effective from J ... Read more...
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By Dezan Shira & Associates, Posted:
22nd June 2012 08:51
In order to regulate foreign labor service cooperation and legitimatize laborers’ rights, China’s State Council approved the “Administrative Regulations on Foreign Labor Service Cooperation ([2012] No. 620, hereinafter referred as the ‘Regulations’)” on May 16. The Regulations will come into effect on August 1, 2012. ... Read more...
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By Sahil Kanuga, Posted:
11th June 2012 10:08
It is often said that getting an award or a judgment in your favour is only half the battle won, the actual victory is when the hard currency hits your account. Often it is necessary to bring additional, enforcement proceedings in order to turn your award into cash. It is common knowledge that enforcing an arbitral award or a court’s judgment in India is n ... Read more...
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By Lyndsay A. Wasser, Posted:
17th May 2012 09:48
In Canada, privacy is a relatively new and evolving area of law that is governed by a complex network of provincial and federal legislation as well as the common law. Set out below are brief, general responses to employers’ 5 most common questions about workplace privacy.
1. Do Employees have Privacy Rig ... Read more...
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By Fabio Weinberg Crocco & Luís Gustavo Haddad, Posted:
16th May 2012 09:55
On 29 May, 2012, after a long-lasting legislative process, Brazil’s New Antitrust Law (Law no. 12,529/11) will finally enter into force, resulting in a paradigm shift in the country’s competition policy. Such legal reform, on the one hand, has led to intense and interesting debates within the business community, and, on the other hand, will likel ... Read more...
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By Jessica Kastin, Esq, Posted:
15th May 2012 09:41
Many companies operating in the United States supplement their workforces with contractors, interns and other non-employee service providers. Typically “non-employees” are not eligible for employee benefits and are not generally protected by various wage and hour and other statutory employee protections. Non-employee service providers t ... Read more...
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By Justin Bharucha & Abhira Gonge, Posted:
9th May 2012 09:46
Indian employment law has been identified as a significant constraint on the growth of the Indian manufacturing sector. The need for reform is emphasised in the present global and domestic economic climate.
The history of Indian employment law dates back to pre-independence India when employee welfare was deliberately emphasised at the c ... Read more...
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By Adrian Kammerer, Michaela Zehnder, Laurence Uttinger & Allegra Sosso, Posted:
4th May 2012 10:02
1. The Law Firm Niederer Kraft & Frey Ltd.
Established in 1936, Niederer Kraft & Frey is a preeminent Swiss law firm with a proven track record of legal excellence and innovation. As a market leader in Switzerland, we have built long-standing relationships with the world's best interna ... Read more...
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By Els de Wind, Co-Chair IBA Employment and Indutrial Relations Committee, Posted:
1st May 2012 09:27
There have been some interesting developments in Dutch labour law lately. Two recent changes in Dutch legislation are certainly worth elaborating on given the impact on daily practice. The first concerns the increase of the state pension age and the second concerns the new legislation on holidays which entered into force on 1 January 2012.
&a ... Read more...
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By Carlota Riquelme Borrero, Posted:
27th April 2012 09:49
The Royal Decree Law 3/2012, which came into force on 10th February 2012, includes urgent measures related to the labour market reform. The new regulation contains very important innovations in the labour legal framework in Spain, in areas such as hiring, modification of work conditions, collective negotiation and contract termination.
... Read more...
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By Eunice Ku, Posted:
26th April 2012 10:08
Through the Company Law and other related regulations, China maintains various legal mechanisms clarifying the types of individuals that can qualify to hold the most senior positions of a foreign invested enterprise (FIE). Below, we list these qualification requirements for the legal representative as well as those stipulated for the other key positions ... Read more...
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By Dezan Shira & Associates, Posted:
24th April 2012 09:23
New amendments to the country’s social insurance law may interest entities who employ middle aged individuals, as a draft law suggests releasing them from paying such employees’ social insurance payments.
According to the law, all entities are currently pay ... Read more...
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By Brian M. Clifford, Posted:
23rd April 2012 08:56
The Courts’ Decision
The United States Court of Appeals for the District of Columbia has granted an emergency motion for injunction blocking the National Labor Relations Board (“NLRB” or the “Board”) from forcing millions of U.S. employers to post notice of ... Read more...
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By James P. McElligott, Jr, Posted:
19th April 2012 10:29
“Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.”
--Alexis de Tocqueville, Democracy in America (1835).
... Read more...
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By Eunice Ku, Posted:
13th April 2012 10:14
Every business established in China, foreign or domestic, is required to designate a legal representative, i.e. the responsible person who performs the duties and power on behalf of a company.
The legal representative is, by definition of his or her role, one of the most powerful people in a foreign-invested enterprise. Yet this power ... Read more...
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By Rajeshwari Hariharan, Posted:
11th April 2012 10:08
In what can be seen as a precedent, the Controller General of India issued the first ever compulsory licence to Natco Pharma ltd on March 9, 2012 in India thereby permitting Natco to sell Nexavar at a fraction of the price of the patented product. The order opens doors to a new era in the pharmaceutical field and public health. & ... Read more...
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By Lukas Steinberg & Maarten Roos, Posted:
6th April 2012 10:08
The legal representative is the person with the broadest individual authority in a company in China. Unlike in other countries, PRC law requires that only one person – either the chairman of the board of directors, the executive director or the general manager – is appointed by the investor(s) to represent the company on its ... Read more...
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By Richard Linskell, Posted:
5th April 2012 11:54
Social networking sites such as Facebook, Twitter and LinkedIn have revolutionised the way people all over the world connect with their friends as well as their professional contacts. They are also beginning to change the ways businesses access and interact with their customers.
Social media presents great opportunities for people and businesses bu ... Read more...
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By Dezan Shira & Associates, Posted:
21st March 2012 09:49
Before the Union Budget 2012-13, the Finance Minister of India made the decision to decrease the rate of interest on deposits in the Employees’ Provident Fund to 8.25 percent for 2011-12.
This move represents the largest rate cut in over a decade and would be 1.25 pe ... Read more...
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By Adam Livermore, Posted:
7th March 2012 09:50
An overview of social welfare obligations and costs for employers of Chinese staff
This week, China Briefing is running a special human resources theme concerning the employment of staff in China. We will be featuring topics such as regional industry clusters, minimum wage levels compared on a national basis, employee termination proc ... Read more...
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By Marc Saluzzi & Susanne Weismüller, Posted:
5th March 2012 09:57
Since the outset of the financial crisis, the financial services industry has been faced with a host of regulatory initiatives, which it has to analyse, comment on as part of consultation procedures and finally put into practice. The cumulative impact of various regulatory initiatives on the global investment fund industry is uncertain and should be analysed, in order ... Read more...
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By Dezan Shira & Associates, Posted:
6th February 2012 10:01
An average worker in China costs more than the average worker in any other emerging Asian economy, save Malaysia and Thailand, when considered in terms of combined salary and welfare payments, China Briefing has found.
Conducting a review of minimum labor costs, determined by ... Read more...
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By Vladimir Sayenko & Svitlana Kheda, Posted:
25th January 2012 10:21
On 1 July 2011 the new Law of Ukraine No. 3206-VI “On the Principles of Preventing and Combating Corruption” (the “New Law”) and the Law of Ukraine No. 3207-VI “On Amending Certain Legislative Acts Related to Liability for Corruption Offences (the “New Liability Law”) became effective (except for certain provisions of t ... Read more...
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Dr. M. Idwan Ganie, Posted:
19th January 2012 11:02
Generally, the litigation process in a civil case in Indonesia proceeds as follows: (i) the plaintiff registers a suit with the District Court’s clerk’s office; (ii) the court then informs the defendant along with an order to appear in court on the first hearing day; (iii) on the first hearing day the judge orders the parti ... Read more...
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By Gerard Forlin QC, Cornerstone Barristers (previously 2-3 Gray's Inn Square), Posted:
13th January 2012 10:58
This article focuses on three areas: significant recent statutory changes; case law of potentially wider relevance; and international developments.
Recently in the UK we have seen the first successful prosecution of a company under the Corporate Manslaughter and Culpable Homicide Act 2007. This case concerned the death of a young unsupervised employee aged 27 ... Read more...
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By Nigel Rowley, Posted:
11th January 2012 09:34
Although court proceedings are often commenced in order to resolve disputes between parties, disputes are in fact more often than not resolved by the parties in one form or another without a court judge having to give judgment.
This can be through settlement negotiations by the parties, or by the use of formal alternative dispute resolution (“ADR”) ... Read more...
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By Dezan Shira & Associates, Posted:
6th January 2012 10:40
China is tightening its regulations on labor dispute mediation so that employees can find ways to better protect their labor rights, and so that employers treat labor disputes more seriously. In a recent document, China’s Ministry of Human Resources and Social Security (MHRSS) has required large and medium-sized enterprises to establish labor dispute committees to ensure an effe ... Read more...
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By Marco Tulio Venegas, Posted:
23rd December 2011 10:44
After the execution of NAFTA the government Mexico began to accept arbitration as an alternative method for resolving contractual disputes arising between national and foreign companies with wholly owned governmental entities such as PEMEX or CFE(1). In this regard, although there was no specific legal provision in the Law of Public Works which regulates this type of public cont ... Read more...
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By Dezan Shira & Associates, Posted:
19th December 2011 10:59
As the Global Financial Crisis rumbles on, with certain reduced growth rates on the horizon for Europe and the United States, multinationals are looking elsewhere to achieve their business goals. Asia, a region riddled with wars and ineffective economic policies for much of the past century, has finally stepped into the front line of global trade and com ... Read more...
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By Geoffroy van de Walle de Ghelcke, Posted:
11th November 2011 11:05
On 10 October 2011, the Belgian Competition Authority initiated a consultation on new fining guidelines which aim to clarify the authority's methodology in setting the fine for antitrust violations and to bring it on par with leading competition agencies. In parallel, far-going reflections are currently taking place on the introduction of administrative, if not criminal, sa ... Read more...
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By William Charnley & Connor Cahalane , Posted:
7th November 2011 09:17
New edition of the Takeover Code
A revised edition of the UK Takeover Code came into effect on 19 September 2011 bringing into force proposals made by the Takeover Panel following its review of UK takeover rules in the wake of Kraft Food Inc's hostile takeover of Cadbury plc in 2010. This article highlights the main changes t ... Read more...
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By Ayako Ikeda, Posted:
28th October 2011 10:09
Family law is an important legal practice as it concerns persons, their family and domestic relations as well as property rights within those relations. Our legal services extend to this practice area, including in matters of divorce, division of assets, wills and succession, as well as corporate matters such as family business and joint property ownership by family members. ... Read more...
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By Nico Abel, Posted:
26th October 2011 10:32
For many decades, Germany has consistently experienced significant inbound investment and it is widely recognised that foreign investment has been a considerable contributor to growth and prosperity in Germany. Investment from the US has always been strong and continues to account for a large share of foreign investment. More recently, cash rich strategic investors fro ... Read more...
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By Anthony Maton, Posted:
24th October 2011 10:02
Cartels are a serious business. Across the world, an enormous range of businesses and individuals are affected when one or more companies group together to fix the price of products or services, allocate markets or otherwise seek to control their commercial relationships illegitimately. Cartels have a highly detrimental effect on markets, affecting all downstream under ... Read more...
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By Deborah E. Greenspan of Dickstein Shapiro LLP, Posted:
19th October 2011 10:10
An Effective Tool to Control Risk and Address Rising Litigation Costs.
In the United States, litigants and courts seek to employ forms of alternative dispute resolution- defined for purposes of this article as any mechanism that is used to resolve the dispute outside of the courtroom. In general, in the United States, on ... Read more...
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By Robert Toth, Posted:
13th October 2011 10:11
Franchising is an established and sophisticated industry in Australia and foreign Franchisors are now more than ever looking to Australia and New Zealand as potential markets to expand their brand. English speaking with a stable government and economy, Australia is seen by many international brands as the ideal place to expand.
... Read more...
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By Keith Brandt, Posted:
10th October 2011 09:43
Post 1997 Hong Kong has continued to flourish as a centre of international business and dispute resolution. The legal certainty derived from its often vaunted adherence to the rule of law and its continuing separation from the PRC under the "one country two systems," combined with Hong Kong’s proximity to Mainland investment opportunities, has ensured that Ho ... Read more...
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By Dan-Michael Sagell, Posted:
28th September 2011 09:58
Franchise Disclosure Requirements
In 2006 the Swedish parliament passed a law regulating the information a franchisor and a master franchisee must disclose within reasonable time before a potential franchisee or a sub franchisee signs the franchise agreement. The formal name of the law is Lag (2006:484) om franchisegivarens inform ... Read more...
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By Nicholas Hughes, Posted:
27th September 2011 10:14
Among the permitted business activities a FICE can conduct (besides retailing, wholesaling and commission agency activities) is franchising. The nature and use of franchising - and the business circumstances that affect it - have changed dramatically over the past three decades.
Franchising first emerged in China in the late 1980s. To ... Read more...
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By Marco Tulio Venegas, Posted:
23rd September 2011 12:33
On January 27, 2011 a bill reforming various provisions of the Commercial Code (Código de Comercio) related to the judicial intervention of Mexican Courts in arbitration was published in the Official Federal Gazette.
... Read more...
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By Jeremy Sharman and Russell Williamson, Posted:
9th September 2011 09:47
Even in times of budget cuts and reduced public spending, the value of public sector contracts in the UK is considerable. For 2009-10, it is estimated that £165,000 million was spent on procurement with the figure for 2010-11 set to reach £168,000 million. Notable ongoing projects include London’s Crossrail link and the 2012 Olympics.
< ... Read more...
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Dr. M. Idwan Ganie, Posted:
6th September 2011 09:42
Foreign plaintiffs often have a perception that they lose cases in Indonesia due to inappropriate conduct by the courts, while, in fact, the reasons are usually more closely linked to a lack of understanding of the Indonesian legal system and insufficient documentary preparation. Over the last 4-5 years corruption has been almost entirely eradicated from the Indonesian court sys ... Read more...
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By Nigel Rowley, Posted:
15th August 2011 09:45
Basic Principles
The United Kingdom consists of 4 different countries, namely England, Wales, Scotland and Northern Ireland. The United Kingdom does not have a single unified legal system but rather consists of 3 different legal systems: England and Wales have one legal system, Scotland has one legal system and Northern Ireland ha ... Read more...
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By Harold L. Kestenbaum, Posted:
9th August 2011 11:07
Franchising in the US is despite the past recession as strong as ever and maybe even stronger. Now that the credit markets have loosened up, somewhat, more franchisors are able to sell more franchises because more franchisee prospects are now able to obtain financing. This was not the case in 2008 or 2009, when the credit markets all but disappeared.
... Read more...
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By Patrick Giesler, Posted:
1st August 2011 12:49
German Franchise Disclosure Requirements
Pre-Contract Disclosure requirements under German law have, in the absence of any franchise specific legislation, been developed and defined by German courts since 1980. Franchisors must provide complete and accurate information on their system and the und ... Read more...
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By Tim Portwood, Posted:
25th July 2011 11:45
France has a system of civil law in which its substantive and procedural laws are codified. The procedural rules within this system are based on the inquisitorial rather than the adversarial model of procedure.
The main civil court in France is the High Court or Tribunal de Grande Instance. This Court has jurisdiction over non-commercial matters.&am ... Read more...
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By Ahmed Ali Alvi & Samer Hijazi, Posted:
20th July 2011 10:09
The need for Islamic Insurance:
The growth of conventional life and non-life insurance remains underdeveloped in the Muslim world. This is because conventional insurance incorporates several elements that are outlawed by the Shariah. For instance, it has an element of gharar, or uncertainty, embedded in th ... Read more...
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By Mr Dev R.Erriah (LLB, LLM, TEP, Barrister-at Law (Gray’s Inn)), Posted:
19th July 2011 15:17
It may be briefly recalled that the origins of arbitration go back to dispute settlement usages in ancient times, so does the arbitration history of Mauritius which starts with its “Code Civil” and the “Code de Procedure Civil& ... Read more...
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By Yogesh Bhattarai, Posted:
18th July 2011 14:20
Despite the current economic scenario, the foreign interest continues undeterred in the Indian education sector. It is estimated that the Indian education sector itself will require further investment of approximately USD 100 billion by 2014 (1) to meet the demands of the economy.
In the first quarter of 2011, the I ... Read more...
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By Stefano Sbordoni, Posted:
12th July 2011 11:24
In the last few years the gambling industry has developed considerably and despite the world economic crisis it’s still growing rapidly in Italy and in other countries as well.
As to the Italian specific situation, the industry’s turnover accounts to more than sixty billion Euros thanks to the State policy aimed at enhancing gambling though keeping ... Read more...
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By Cynthia Borrelli, Posted:
8th July 2011 18:27
On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (the “PPACA” or “Health Care Reform.”) The centerpieces of Health Care Reform are “individual responsibility” provisions generally requiring individuals to maintain health coverage or pay ... Read more...
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By Stathis Potamitis, Posted:
7th June 2011 21:15
As Greece is struggling to rescue its public finances, the Greek Parliament is scheduled to discuss over the next few weeks a major amendment to its insolvency legislation, more specifically an overhaul of the so-called Conciliation proceeding. If the amendment is adopted as drafted, Greek commercial entities will be able to negotiate with their creditors rescue plans that may i ... Read more...
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By Edmund Rahming, Posted:
6th June 2011 22:52
Introduction
The Caribbean is a region comprising over 7,000 islands and cays and consisting of a land area of almost 93,000 square miles. The region is made up of 30 jurisdictions including sovereign states, overseas territories and dependencies. Many of the jurisdictions are former or ... Read more...
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By David P.Selig & Rahil Patel, Posted:
24th May 2011 20:25
1) Corporate Governance Update: Changes to the Regulation of Director’s Remuneration
On 12 May, 2011, the Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Bill 2011 (Bill) was passed by Australia’s House of Representatives.& ... Read more...
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By Andrey Zelenin, Posted:
19th May 2011 18:55
Russia is a state where going to a state court is the most popular method of resolving a dispute. Thus during the financial crisis and esp. in 2009 we have experienced a sharp increase of the workload on the national judicial system. According to the recent statics shown by the Higher Arbitrazh Court – the top tier court in Russia for resolving commercial disputes & ... Read more...
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By Tomás H. Herrera D., Posted:
15th May 2011 12:18
The tradition:
Panama has a long tradition in arbitration beginning in 1917 when the Panamanian Procedure Code was enacted and contained provisions regulating arbitration procedures. Later in 1984 the ... Read more...
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By Robert L. Kohl, Posted:
12th May 2011 18:42
Two sections of the recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), which attempt to implement social policy goals by means of public company disclosure, will impose particularly costly compliance burdens on these companies.
& ... Read more...
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By Maarten Roos and Chen Yun, Posted:
10th May 2011 18:54
Under the PRC Company Law (2006), directors and senior managers of a foreign-invested, Chinese-registered company have the duty to comply with laws, regulations and the company’s articles of association, and owe the company loyalty and diligence. Moreover, they may be liable for compensation to the company if they cause it harm. In principle however, they will not bear civil lia ... Read more...
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