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Please hold the line: what to do when receiving calls from employment insurance officers
Fasken
  • Employment & Benefits
  • Canada
  • 11 September 2019

An adjudicator considering allegations of unjust dismissal under the Canada Labour Code recently ruled that an employer was prohibited from asserting dismissal for misconduct since the issue had already been decided by an employment insurance officer. The decision reminds employers to proceed with caution when communicating with employment insurance officers after a termination. They should also consider the potential ramifications of not appealing an officer's decision.

New BKPM regulation clarifies guidelines and procedures for licensing and facilities under FDI regime
Ali Budiardjo, Nugroho, Reksodiputro
  • Corporate Finance/M&A
  • Indonesia
  • 11 September 2019

Indonesia's Investment Coordinating Board (BKPM) recently issued a new regulation that amends BKPM Regulation 6/2018, which sets out guidelines and procedures for licensing and facilities under Indonesia's foreign direct investment (FDI) regime. The most significant changes include the reaffirmation that certain FDI companies must comply with divestment obligations and the confirmation that shareholding foreign directors and commissioners are exempt from the normal expatriate employment rules.

Flag injunctions: practical alternative to ship arrests
Fenech & Fenech Advocates
  • Shipping & Transport
  • Malta
  • 11 September 2019

Maltese law is straightforward in terms of who has a right to arrest and which claims can be secured by means of an arrest. However, while ship arrests are a powerful legal remedy for creditors, they have one major limitation: they are possible only where the targeted vessel actually enters Maltese waters. As such, the legal system has introduced the Section 37 injunction, which provides creditors with an interesting, cost-efficient remedy where a ship arrest is not possible.

Private M&A on trial: interpreting private M&A sale and purchase provisions
Davis Polk & Wardwell LLP
  • Corporate Finance/M&A
  • United Kingdom
  • 11 September 2019

Two recent High Court of Justice decisions provide guidance on the interpretation of provisions customarily included in sale and purchase agreements for the acquisition of private companies or businesses. In the first decision, the court considered whether the provisions of a purchase price procedure were conditions precedent. In the second decision, the court considered the scope of a restrictive covenant in an employment agreement and its impact on sale and purchase agreements.

Response published to consultation on misuse of confidentiality clauses
Lewis Silkin
  • Employment & Benefits
  • United Kingdom
  • 11 September 2019

As part of a flurry of responses and new consultations issued in the last days of Theresa May's government, the response to the consultation on measures to prevent the misuse of confidentiality clauses in the workplace was published. It sets out a number of significant legislative proposals which, when implemented, will necessitate redrafting of these clauses in both employment contracts and settlement agreements.

SEC proposes changes to business, legal proceeding and risk factor disclosure requirements
Morrison & Foerster LLP
  • Capital Markets
  • USA
  • 10 September 2019

The Securities and Exchange Commission (SEC) recently proposed amendments to the description of business, legal proceeding and risk factor disclosures that are required pursuant to Regulation S-K. While the SEC's concept release dealt with a wide variety of topics, these latest proposals represent a more measured approach towards modernising and simplifying such disclosure requirements.

Court rejects solicitors' application to dismiss based on time-bar
RPC
  • Litigation
  • Hong Kong
  • 10 September 2019

The High Court recently rejected a defendant solicitors' firm's application to strike out a plaintiff's claim on the ground that it was commenced too late. Given the relatively high threshold in Hong Kong for an applicant to succeed with an application to strike out a claim before trial, the court's decision is not surprising. However, the written reasons given in the decision are a useful analysis of the legal principles involved in determining when a cause of action accrues for the tort of negligence.

Supreme Court of Cassation finds that aim of greater productivity justified employee's dismissal
Ichino Brugnatelli e Associati Studio Legale
  • Litigation
  • Italy
  • 10 September 2019

A recent Supreme Court of Cassation decision examined whether there were justified objective reasons for an employer to dismiss an employee following his refusal to reduce his hours in the wake of a company reorganisation to reduce labour costs and increase productivity. The court examined previous case law in this regard, reassessed the parameters of justified objective reasons for dismissal and set out the scope of judicial examinations of such a dismissal's legitimacy.

High Court waits for no lawyer
RPC
  • Litigation
  • United Kingdom
  • 10 September 2019

An appeal was recently lost after an application for an oral hearing was made just two days late. The High Court's decision is a timely reminder of the strictness of court deadlines and of the importance of being upfront with the court which, on this occasion, was unwilling to forgive ambiguity as to whether the deadline had been met.

Diminution not required for voidable transactions
Wilson Harle
  • Litigation
  • New Zealand
  • 10 September 2019

The Supreme Court recently confirmed that the requirements outlined in Section 292 of the Companies Act 1993 are all that is required in order to void an insolvent transaction. In particular, the court confirmed that there is no additional common law principle stating that the transaction must have diminished the net pool of assets available to creditors. This is a helpful decision which brings certainty to the test for voidable transactions and avoids adding unnecessary complexity into the corporate insolvency regime.

Copyright conundrum: what you need to know when rebranding
KISCH IP
  • Intellectual Property
  • South Africa
  • 09 September 2019

Many corporates and start-ups that enlist third-party graphic designers to create logos or corporate identities during a rebrand are unaware of the legal implications of contracting third parties and thus often find themselves in costly and time-consuming litigation. This is because, under South African law, a third-party graphic designer commissioned to design a corporate's logo will own the copyright in said work. To avoid this situation, a logo must be assigned from a third-party graphic designer to the corporation or start-up immediately.

Linked ETSs to benefit energy-intensive industries
Lenz & Staehelin
  • Energy & Natural Resources
  • Switzerland
  • 09 September 2019

The CO2 Agreement between Switzerland and the European Union aims to link the Swiss and EU emissions trading systems (ETSs) to allow energy-intensive industries which currently participate in only the Swiss ETS to access the more dynamic EU emissions market. As under the current regime, the CO2 tax on fuels will be reimbursed to plant operators participating in the Swiss ETS at their request; however, a new exception applies to so-called 'fossil-fuel thermal power plants'.

Intellectual Property Tribunal vacates interim injunction in trademark case
Vellani & Vellani
  • Intellectual Property
  • Pakistan
  • 09 September 2019

The Intellectual Property Tribunal recently vacated an interim injunction granted in a case brought by Brands for Less LLC against another retailer concerning its use of the BRANDS 4 LESS mark. The tribunal found that Brands for Less had failed to make an adequate case for granting an interim injunction and stated that a well-known mark may be a good ground for registering IP rights in another territory, but not for injunctive relief, unless a balance of convenience can be established.

2018 developments in statutory adjudication
  • Construction
  • Malaysia
  • 09 September 2019

In 2018 Malaysia saw considerable developments in case law on statutory adjudication. Stakeholders' use of this form of dispute resolution mechanism continues to grow exponentially with no sign of abating. This article examines some of the significant decisions that the Malaysian courts handed down in 2018 and their impact on statutory adjudication under the Construction Industry Payment and Adjudication Act.

Most important patent cases of 2019 thus far
Venable LLP
  • Intellectual Property
  • USA
  • 09 September 2019

Thus far, 2019 has been an eventful year for US patent law. Over the past seven months, the Supreme Court and the Court of Appeals for the Federal Circuit (the US appellate court tasked with reviewing all district court patent decisions) have issued several significant rulings that may affect the rights of patent owners. This article reviews the most important of these rulings, including decisions on the application of the on-sale bar and state sovereign immunity.

Blockchain and smart contracts could solve unsolvable construction problem
Kilpatrick Townsend & Stockton LLP
  • Construction
  • USA
  • 09 September 2019

Every construction project, from contract negotiation through to the payment of the final pay application, involves the issue of the exchange of lien waivers for payment. In particular, the issue is that parties lower in the construction chain must provide unconditional lien waivers as part of their request to be paid. There are a number of imperfect solutions to this problem, including a conditional release. However, blockchain and smart contracts could be the perfect solution.

District court grants significant damages in IP case, paving the way for future decisions
Saikrishna & Associates
  • Intellectual Property
  • India
  • 09 September 2019

The Indian district courts rarely grant significant damages in IP cases. However, this recently changed as a district court in Ahmedabad passed a significant judgment restraining the defendants from using the plaintiffs' software and ordering the defendants to pay $81,1795 in damages. This judgment is the first of its kind and will pave the way for other district courts to award damages in infringement suits in accordance with the irreparable loss and damage suffered by plaintiffs.

Intellectual property and public policy
Becerril Coca & Becerril SC
  • Intellectual Property
  • Mexico
  • 09 September 2019

The National Development Plan 2019-2024 (NDP) was recently published, just a few days before the release of the Global Innovation Index. Unlike the previous version, the new NDP does not expressly mention patents or intellectual property. This is not a good sign for a knowledge-based economy ranked first in the world for creative goods exports.

Supreme Court of Cassation reverses patent limitation decision
IP Law Galli
  • Intellectual Property
  • Italy
  • 09 September 2019

The Supreme Court of Cassation recently reversed a Milan Court of Appeal ruling on patent limitation. The Supreme Court of Cassation found that although the Milan Court of Appeal had held the patent at issue to be valid, it had not granted the patentee's claims for infringement because the patent had been subject to a limitation procedure and the acts of infringement had been carried out before the application for limitation had been filed.

Canada releases final amendments to patented medicines pricing regulations
Smart & Biggar
  • Intellectual Property
  • Canada
  • 09 September 2019

Health Canada recently announced the final amendments to the Patented Medicines Regulations. These amendments represent the first substantive revision to the regulations since their introduction in 1987 and are a significant departure from the existing framework. The amendments include new price regulatory factors, updated reference countries and changes in reporting requirements.

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