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M&A, asset sales and spin-offs in pharmaceutical and medical device industries: what you need to know
Sanchez-DeVanny Eseverri SC
  • Healthcare & Life Sciences
  • Mexico
  • April 25 2018

Mexico is the second largest market for the pharmaceutical and medical device industries in Latin America. Thus, as mergers and acquisitions, asset sales, spin-offs and similar activities in the pharmaceutical, medical device and other health-related industries are often global or at least multinational, they often affect companies that operate in Mexico. Although there have been many unfortunate situations where such activities have been delayed or cancelled, this can be avoided.

There's an app for that: rise of apps in employment relationships
Lander & Rogers
  • Employment & Benefits
  • Australia
  • April 25 2018

Employers should consider a number of legal issues when seeking to integrate apps with their existing systems. In some cases, it may be necessary to tailor apps to the business or to consider changes to instruments which govern the employment relationship. Employers should consider these issues and review existing industrial instruments and employment contracts for their compatibility with apps before implementing them in the workplace.

Court rules sharing confidential information is just cause for termination
Fasken
  • Employment & Benefits
  • Canada
  • April 25 2018

When privacy and confidentiality are important in a job, a manager's breach of confidence may provide just cause for termination, particularly when the employer's policy on confidentiality obligations is known to the employee. The British Columbia Supreme Court recently affirmed these principles and highlighted the value of a properly executed release if the employee later challenges an agreement made at the time of termination.

Commercial cases worth less than TL100,000 now subject to simplified procedure
Gün + Partners
  • Litigation
  • Turkey
  • April 24 2018

Under Turkish law, there are two types of procedure in civil proceedings. Written procedure is the main and most common type, whereas the simple procedure, as the name suggests, is a simplified and expedited process. Following recent amendments, commercial cases worth less than TL100,000 are now subject to the simplified procedure in order to shorten the length of proceedings.

Substance of Aldi principles apply in British Virgin Islands
  • Litigation
  • British Virgin Islands
  • April 24 2018

The Commercial Division of the BVI Court has granted a strike out application on the grounds that the Aldi Stores Ltd v WSP Group plc principles – whereby a party which intends to bring a subsequent action against existing parties must raise the issue with the court – apply in the British Virgin Islands. It held that while the principles may not have been promulgated in this jurisdiction, litigants must put their cards on the table at an early stage or risk being held to have abused the court's process.

Right of separation of minority shareholders and insolvency proceedings
Pérez-Llorca
  • Litigation
  • Spain
  • April 24 2018

Although Article 348bis was included in the Companies Act in 2011, its application was suspended until January 2017. Due to the constant delays in the provision's implementation, there is little case law on the matter and a lack of harmonised criteria for interpreting the provision and applying the right recognised therein. A recent A Coruna Court of Appeals decision on this matter is therefore significant, particularly because it analyses two questions which are likely to arise from the article's application.

Court fines out-of-business company that did not defend health and safety charges C$1.3 million
Dentons
  • Litigation
  • Canada
  • April 24 2018

An Ontario court recently fined a defunct mining company that went out of business in 2016 C$1.3 million under the Ontario Occupational Health and Safety Act after it found the company guilty on six charges following the deaths of two workers. This is one of the largest Occupational Health and Safety Act fines in Ontario history. However, the company did not defend the Ministry of Labour prosecution.

Proposals to alter national Data Protection Act
Schoenherr Attorneys at Law
  • IT & Internet
  • Austria
  • April 24 2018

Members of Parliament recently filed an application to amend the Data Protection Act 2018 in order to clarify certain aspects which have led to confusion over the past couple of months. In addition to several provisions relating to competence, the proposed act, among other things, contains a rephrased version of the fundamental right to data protection, introduces the mandatory appointment of data protection officers and suggests enabling the matching of images with explicit consent.

Bribery Act – when are prevention procedures adequate?
RPC
  • Litigation
  • United Kingdom
  • April 24 2018

In the first contested case of its kind since the Bribery Act 2010 came into force, a company was found guilty under Section 7 of the act for failing to prevent bribery after its defence of having adequate procedures in place to prevent bribery was unsuccessful. Given that there is no one-size-fits-all rule for what constitutes 'adequate procedures', it will be difficult for a company to assess whether it falls on the right side of the line.

Compliance challenges facing internet undertakings
AnJie Law Firm
  • IT & Internet
  • China
  • April 24 2018

Following a media report that certain mobile phone application software was infringing user privacy, the Ministry of Industry and Information Technology organised talks with three internet companies. The ministry pointed out that the companies had collected and used users' personal information without fully disclosing the purpose of its use. The companies must now conduct rectifications to fully protect users' rights to be informed.

Withdrawal of class action due to lack of individual cause of action
Levitan, Sharon & Co
  • Insurance
  • Israel
  • April 24 2018

The plaintiff in a recent case filed a claim and a motion to certify the claim as a class action against the insurer. The insurer paid the plaintiff only 85% of the actual damage and notified her that following the examination of the parties' versions and the damaged parts of the cars involved, it had deducted the plaintiff's contributory negligence at a rate of 15%. The insurer argued, among other things, that the plaintiff had no individual cause of action.

Revised domain name rules grant further powers to registries and anti-cybercrime services
Walder Wyss
  • IT & Internet
  • Switzerland
  • April 24 2018

A revised version of the federal Ordinance on Internet Domains recently entered into force. It gives the responsible registries the possibility of temporarily blocking the top-level domain names '.ch' and '.swiss' where they are being used for phishing or malware activities. In addition, anti-cybercrime services can request that registries block the domain names. However, these services require prior recognition from the Swiss Federal Office of Communications.

Dismissal of statutory director terminates management agreement by operation of law
AKD NV
  • Litigation
  • Netherlands
  • April 24 2018

More than 10 years ago, the Supreme Court handed down the so-called 'April 15 rulings', which imply that a resolution of a shareholders' meeting dismissing a statutory director who has an employment agreement with the company also terminates the agreement by operation of law. This led to confusion as to whether a corporate dismissal resolution would result in the termination of a management agreement where such an agreement existed. The Limburg District Court recently ruled on this matter.

Supreme Court decides on acquittal and right to appeal
Elias Neocleous & Co LLC
  • Litigation
  • Cyprus
  • April 24 2018

The need for clear and reliable guidelines to determine whether a first-instance criminal court judgment can be appealed arose in a recent application to the Supreme Court. By making an application under Article 149 of the Criminal Procedure Law instead of an appeal, the applicant not only lost the right to appeal, but also found his case dismissed by the Supreme Court without any examination of its substance.

Flawed claim against solicitors struck out
RPC
  • Litigation
  • Hong Kong
  • April 24 2018

In defending themselves against a claim for professional negligence brought by a former client, two law firms and the individual solicitor recently successfully applied to strike out the entire claim against them, with costs awarded on a more generous ('indemnity') basis. The two related judgments are a salutary reminder of the need for a plaintiff to plead all material particulars, failing which there is a real prospect that their claim could be struck out as plainly defective.

PRA and FCA clarify impact of Brexit transition for insurance sector
Herbert Smith Freehills LLP
  • Insurance
  • United Kingdom
  • April 24 2018

Recent announcements made by the Prudential Regulation Authority and the Financial Conduct Authority have clarified their approach to Brexit following the European Council's agreement to a transition period for the United Kingdom's withdrawal from the European Union. Insurers, insurance intermediaries and other financial services firms have been encouraged to assume that they will continue to benefit from passporting rights until December 2020. While this is welcome, firms cannot be complacent.

No Section 8 liability for valid and infringed patent in Nexium proceeding
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • April 23 2018

If a patentee is unsuccessful in a prohibition application under the Patented Medicines (Notice of Compliance) Regulations against a generic entrant, but subsequently prevails in an infringement action regarding the same patent, can it be liable for Section 8 damages under the regulations? According to a recent Federal Court decision, the answer appears to be no.

Significance of use in opposition proceedings
Danubia Patent & Law Office LLC
  • Intellectual Property
  • Hungary
  • April 23 2018

Case law clearly demonstrates that opponents in opposition and cancellation procedures must often prove the genuine use of their mark. However, whether online publicity constitutes acceptable proof of use has been the subject of debate. In a recent case, the Metropolitan Tribunal expressly recognised the role of the Internet in commerce and imposed a higher standard of use – namely, evidence of realised sales – as proof of genuine use.

Private copying levies on technically independent devices
Advokatfirman Lindahl
  • Intellectual Property
  • Sweden
  • April 23 2018

The Supreme Court has rendered its judgment in a long-running dispute concerning private copying levies on mobile phones with an external memory device. The court found that the right to collect private copying levies extends to devices which consist of two technically independent devices, even if the independent devices are not "especially suited for the production of copies of works for private use" and would thus not be subject to private copying levies if sold individually.

Improved audit mechanism introduced for geographical indications
Deris Attorney At Law Partnership
  • Intellectual Property
  • Turkey
  • April 23 2018

The Industrial Property Code has introduced a number of changes to the protection of industrial property rights in Turkey. In particular, the code has introduced a number of essential changes to the protection of geographical indications (GIs), including a change to the opposition term and audit mechanism and the introduction of a requirement to use a GI logo. The code aims to strengthen the protection of these rights by providing more frequent audits and creating an effective protection mechanism.

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