Latest updates

Blockchain evidence accepted in judicial proceedings for first time
  • Litigation
  • China
  • 27 November 2018

The Hangzhou Internet Court recently confirmed, for the first time, the effectiveness of evidence recorded via blockchain. Shortly after, the Supreme People's Court cemented the lower court's view by implementing the Provisions on the Trial of Cases by the Internet Courts. This is the first time that blockchain technology has been officially accepted in a judicial interpretation as a valid technical means for preserving and presenting evidence.

Cat among the pigeons: new approach for procurement of development agreements?
  • Projects, Construction & Infrastructure
  • United Kingdom
  • 27 November 2018

The Court of Appeal recently handed down its long-awaited judgment in Faraday Development Ltd v West Berkshire District Council. Overturning a fully reasoned first-instance judgment, the court deemed a development agreement containing contingent obligations on the developer to carry out development to be a 'public works contract' as defined in the public procurement rules. The decision has important potential ramifications for public and private development projects.

Court hits brakes on duties owed to intoxicated plaintiffs
  • Litigation
  • Canada
  • 27 November 2018

The expansion of recognised duties of care owed to intoxicated persons recently met resistance from the Ontario Superior Court of Justice. The plaintiff in the case was one of four intoxicated passengers in a taxi who had been injured after the taxi was involved in an accident. The court centred its decision on the evidentiary record in the case, which established no reasonable basis for the plaintiff's expectation that the taxi driver would ensure that he wore his seatbelt.

High Court of Sindh grants interlocutory injunction in Aldo's favour
  • Intellectual Property
  • Pakistan
  • 26 November 2018

Aldo Group International AG filed a suit for trademark infringement and passing off against Aldo Shoes to restrain it from using the name and trademark ALDO in Pakistan in relation to its shoe business. While the single bench of the High Court of Sindh refused to grant injunctive relief to Aldo Group International AG, the court's appellate bench recently allowed its appeal against Aldo Shoes.

University life and intellectual property
  • Intellectual Property
  • South Africa
  • 26 November 2018

When a student is studying or planning to study at a university in South Africa, it is important that they understand their rights as an IP creator during that time. Many students, especially undergraduates, will argue that they do not participate in research and development in any manner and that intellectual property is merely a module for law students. However, all students may be IP creators without being aware of it.

No capital gains tax? Ruling on disposal of property by public benefit organisations
  • Corporate Tax
  • South Africa
  • 23 November 2018

The South African Revenue Service recently published Binding Private Ruling 309, which deals with the disposal of assets by public benefit organisations. Specifically, the ruling deals with the application of the definition of 'gross income' in the Income Tax Act and the capital gains tax exemption in the Eighth Schedule to the act.

Strict interpretation of exemption notifications under tax laws
  • Corporate Tax
  • India
  • 23 November 2018

The Supreme Court recently pronounced a landmark judgment on the question of taxpayers' eligibility to receive tax exemptions when more than one interpretation is possible – namely, one in favour of the taxpayer and the other in favour of the tax authority. The court concluded that where a tax exemption must be interpreted, the tax authority will be given the benefit of the doubt, unlike in the case of ambiguity in the charging section of a particular statute. This judgment has completely unsettled the earlier dicta.

Media merger regime: four years later – what you need to know
  • Tech, Data, Telecoms & Media
  • Ireland
  • 23 November 2018

The Irish media merger regime has a long history and remains a complex part of Irish regulatory law and politics. Given the recent sharp increase in mergers of Irish and global media businesses – reflecting dramatic levels of decline in 'traditional' media consumption and 'e-substitution' leading to pressure to consolidate – the Irish media merger regime is affecting all corners of the global industry.

Duties to notify cyber breach updated
Levitan, Sharon & Co
  • Tech, Data, Telecoms & Media
  • Israel
  • 23 November 2018

The Israeli Securities Authority (ISA) recently published a position statement, according to which, in cases of significant cyberattack, public companies must examine the need to issue an immediate report to their investors notifying them of the attack. While the position statement was meant only to clarify the ISA's view regarding the law and not to change the legal situation, it highlights the challenges involved in dealing with cyber events.

Employment and Training Administration's lack of control over H-2B process jeopardises businesses
  • Employment & Immigration
  • USA
  • 23 November 2018

The Department of Labour's Office of Inspector General (OIG) recently found that the Employment and Training Administration's lack of control over the H-2B applications process has jeopardised businesses that depend on H-2B workers. According to the OIG, H-2B application processing delays "could prevent employers from obtaining foreign workers by their date of need" or "obtain[ing] US workers to fill those positions".

CCI penalises Geep Industries for its part in bilateral ancillary cartel
  • Competition & Antitrust
  • India
  • 22 November 2018

The Competition Commission of India has imposed a penalty of Rs96.4 million on Geep Industries (India) Private Limited, holding that although the company was merely a recipient of information on pricing within a larger, primary cartel, it could not escape liability for anti-competitive behaviour. This is the first case in which a party which was not part of an original primary cartel has been held liable on the grounds that it was part of a bilateral ancillary cartel with one of the primary cartel members.

Paving the way for third-party dispute resolution funding
  • Arbitration & ADR
  • Singapore
  • 22 November 2018

In 2017 Parliament aligned Singapore with other leading arbitration jurisdictions by embracing third-party funding as a viable method for increasing access to justice for parties involved in specific arbitration proceedings. Less than one year later, the market for third-party funding in Singapore has seen significant activity, and practitioners and clients alike are keen to explore the benefits and opportunities associated with third-party funding.

Sweetheart, let's talk about gendered language
  • Employment & Immigration
  • Australia
  • 21 November 2018

While using terms like 'sweetheart' and 'babe' in the workplace may come from a friendly place, they may cause female staff to feel undervalued and could land individuals in hot water. It should go without saying that using terms like 'chicks' and 'babes' to refer to female colleagues and employees is inappropriate. But what about 'ladies', 'girls', 'sweetheart' or 'love'?

District court invalidates relators' pre-filing releases on public policy grounds
  • Healthcare & Life Sciences
  • USA
  • 21 November 2018

Former Bayada Home Health Care employees recently alleged that the company had falsely billed Medicare for patients that it had known were not "homebound". Bayada moved to dismiss the suit on the ground that each employee had signed a separation agreement releasing Bayada from "any and all claims" prior to filing the False Claims Act lawsuit. With no binding Third Circuit precedent, the district court looked for guidance among other circuits that pre-filing releases can bar False Claims Act claims.

Online recruitment: dos and don'ts for employers
  • Employment & Immigration
  • Switzerland
  • 21 November 2018

As most new job applications are compiled, sent and processed electronically, employers must bear in mind that any personal data collected should be strictly limited to that which is required to assess and finally decide on the most suitable candidate. Processing data which does not relate specifically to the selection of a suitable candidate could violate data protection and privacy rules.

A change in winds for federal unjust dismissal and reprisal complaints
  • Employment & Immigration
  • Canada
  • 21 November 2018

Recent amendments to the Labour Code, brought about by Bill C-44, have been overshadowed by the dramatic changes to provincial labour and employment laws earlier in 2018. While big changes – including a significant increase in minimum wages in several provinces – have garnered the most attention, federally regulated employers must consider the code's amendments, which will affect the way in which certain complaints brought against such employers are launched and adjudicated.

Deciphering cybersecurity: introduction to cybersecurity regulatory initiatives in insurance industry
  • Insurance
  • USA
  • 20 November 2018

The past five years have seen a massive acceleration in the amounts of data being generated, processed and stored in virtually every industry, including insurance. However, there has been a growing trend of increasingly sophisticated cyberattacks which have, in many ways, outpaced current data security technology. It is no exaggeration to conclude that developing a coherent cybersecurity strategy is one of the most important challenges facing insurance industry participants today.

New IPO process in practice: emerging trends?
  • Banking & Financial Services
  • United Kingdom
  • 20 November 2018

The Financial Conduct Authority recently implemented changes to the initial public offer (IPO) regime that have had a fundamental impact on the process of conducting an IPO in the United Kingdom. Companies including Aston Martin and Funding Circle have had to negotiate these new rules in practice over the past few months and certain trends are now beginning to emerge.

Revised notices of the SIX disclosure office
  • Banking & Financial Services
  • Switzerland
  • 20 November 2018

The Disclosure Office of the SIX Exchange Regulation recently published useful guidance on its practice relating to certain provisions in the recently enacted Financial Market Infrastructure Act and the related implementing ordinance (the Swiss Financial Markets Supervisory Authority Financial Market Infrastructure Ordinance). The entry into force of the two federal laws has resulted in substantive amendments to some of the disclosure office's notices.

Judge convicts and fines man for flying drone near airport
  • Litigation
  • Canada
  • 20 November 2018

A Canadian man was recently convicted and fined for operating his drone within 30 feet of the approach path at Yellowknife Airport. This decision clarifies that reckless drone operations near airports and populated areas will be taken seriously by the courts and that significant fines may be levied against recreational pilots.

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