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Electronics and product compliance: perils of complex supply chains
Burges Salmon LLP
  • Product Regulation & Liability
  • United Kingdom
  • 17 January 2019

The Office for Product Safety and Standards (OPSS) was created in January 2018 by the Department for Business, Energy and Industrial Strategy and is tasked with improving protections for consumers and the environment and driving increased productivity, growth and business confidence. A recent case put before the OPSS demonstrates the importance of consumer product manufacturers' control not just over their manufacturing processes, but also throughout the supply chain.

Jurisdiction of substance: Bermuda's economic substance laws
Carey Olsen Bermuda
  • Private Client & Offshore Services
  • Bermuda
  • 17 January 2019

Many offshore financial centres, including Bermuda, laboured to meet the EU Council's end-of-year deadline to impose economic substance requirements on entities that carry on 'geographically mobile' business activities. For jurisdictions subject to the deadline, failure to introduce substance laws may result in being placed on the EU Council's list of non-cooperative jurisdictions for tax purposes. Bermuda's substance laws ensure that the country maintains its stellar reputation as an international financial centre.

Court rules on threshold to set aside arbitral award that conflicts with public policy
Shearn Delamore & Co
  • Arbitration & ADR
  • Malaysia
  • 17 January 2019

The Federal Court recently clarified the high threshold required for an arbitral award to be set aside on grounds of public policy pursuant to Section 37 of the Arbitration Act. According to the court, although public policy is a broad concept, when applying it for the purpose of setting aside an award under Section 37, it should be read narrowly. Further, even where such a conflict with public policy is established, the court's power to set aside an award under Section 37 remains discretionary.

Court of appeal declares notice to arbitrate null due to its attempt to achieve consolidation without consent
Borden Ladner Gervais LLP
  • Arbitration & ADR
  • Canada
  • 17 January 2019

The British Columbia Court of Appeal recently declared a notice to arbitrate a nullity because it sought to commence four separate arbitrations against three different parties under four separate arbitration agreements. Practitioners and parties entering into multiple contracts relating to the same subject matter or project should consider whether it is desirable to have all potential disputes which arise under the multiple contracts arbitrated in one proceeding.

DOJ argues that Title VII does not prohibit discrimination based on gender identity
Mayer Brown
  • Employment & Benefits
  • USA
  • 16 January 2019

The US Department of Justice (DOJ) recently filed a brief in the Supreme Court arguing that Title VII of the Civil Rights Act does not prohibit discrimination based on gender identity. The brief underscores the DOJ's sharp disagreement with the Equal Employment Opportunity Commission. Until the Supreme Court provides more clarity on this issue, employers should consider reviewing their employment policies and hiring practices to ensure that they are treating transgender status as a protected category.

Securitisation in shipping: Maltese perspective
Fenech & Fenech Advocates
  • Shipping & Transport
  • Malta
  • 16 January 2019

Asset-backed securitisation in the shipping sphere has recently come to prominence in light of traditional financiers' reluctance to finance shipping activities. The amalgamation of Malta's securitisation framework and merchant shipping laws makes up for a sui generis alternative corporate vehicle to facilitate such transactions and provide the stability and security for which investors yearn.

When are owners obliged to commence approach voyage to loading port?
Wikborg Rein
  • Shipping & Transport
  • United Kingdom
  • 16 January 2019

In charterparties where no expected time of arrival or readiness to load at the loading port is stated, the question will be whether an equivalent can be identified which can be used as the basis for an absolute obligation requiring the owners to proceed to the loading port by a particular time. The Court of Appeal recently held that the itinerary for an intermediate voyage was such an equivalent.

Legal limits of armed guards on board ships
Akabogu & Associates
  • Shipping & Transport
  • Nigeria
  • 16 January 2019

Voyaging in West African waters, particularly the Gulf of Guinea, is considered dangerous and raises the question of whether shipowners are entitled to put armed guards on board their vessels to protect them from attacks by arms-bearing third parties. Considering reported attacks of armed robbers at sea, kidnappings for ransom and other criminal occurrences in Nigerian waters, shipowners and operators have explored how to optimise the protection of both ships and cargo.

List of generic submissions under review now available
Smart & Biggar/Fetherstonhaugh
  • Healthcare & Life Sciences
  • Canada
  • 16 January 2019

Health Canada recently advised that it would implement certain proposals for its prescription drug product transparency initiatives. In particular, Health Canada will start providing regulatory decision summaries for the approval of drugs which are approved on the basis of abbreviated new drug submissions. Among others things, Health Canada now provides a new, separate Generic Submissions Under Review List, which includes a list of the generic submissions under review by medicinal ingredient.

Federal Court of Appeal overturns cefaclor damages decision on pre-judgment interest issue
Smart & Biggar/Fetherstonhaugh
  • Healthcare & Life Sciences
  • Canada
  • 16 January 2019

The Federal Court of Appeal recently allowed in part Apotex's appeal of a decision awarding Eli Lilly over C$100 million for Apotex's infringement of eight process patents relating to the antibiotic cefaclor. The court remitted the decision to the Federal Court for reconsideration solely on the issue of interest.

Italian antitrust procedure in respect of airlines' new hand baggage policy
Studio Pierallini
  • Aviation
  • Italy
  • 16 January 2019

The Italian Competition Authority (AGCM) recently ordered Irish carrier Ryanair and Hungarian carrier Wizz Air to suspend the implementation of a new hand baggage policy that would have charged passengers extra for bringing a standard-sized trolley on board flights. Both airlines successfully challenged the AGCM's decision before the Lazio Regional Administrative Court, which suspended the AGCM decisions by way of precautionary measures.

New digital rights: employees' right to privacy in use of digital devices at work
CMS Albiñana & Suárez de Lezo
  • Employment & Benefits
  • Spain
  • 16 January 2019

The new Data Protection Act recently entered into force, introducing a number of so-called 'digital rights'. The Spanish legal system already provides a framework regarding the use of digital devices at work and how employers can exercise control over them in view of employees' right to privacy. Although the act has introduced no significant changes in this regard, employees' right to privacy regarding the use of digital devices at work has now been set out in law.

Recent developments in aircraft repossession
Basch & Rameh
  • Aviation
  • Brazil
  • 16 January 2019

In respect of four aircraft that were recently repossessed before Avianca Brazil obtained bankruptcy protection, the Brazilian judiciary and civil aviation agency procedures worked reasonably well and Brazil's overall performance complied with its obligations under the Cape Town Convention. While all four aircraft were exported and de-registered within approximately two weeks, Brazilian customs authorities must still reassess the current export authorisation procedure.

Small boost in battle against high prices for medicinal products
  • Healthcare & Life Sciences
  • Netherlands
  • 16 January 2019

The Health and Youth Care Inspectorate recently published its report on its investigation into the quality and permissibility of the Amsterdam University Medical Centre's (Amsterdam UMC's) pharmaceutical compounding of its cerebrotendineous xanthomatosis drug, which contains the active substance chenodeoxycholic acid (CDCA). According to the inspectorate, the small-scale preparation of CDCA on prescription by Amsterdam UMC is legally allowed based on an exception under European and Dutch law.

New bulletin aims to clarify dual listing process
Fischer Behar Chen Well Orion & Co
  • Capital Markets
  • Israel
  • 15 January 2019

The Corporate Finance Department at the Israel Securities Authority recently issued its Staff Legal Bulletin on dual-listed companies. The bulletin is a summary of the most up-to-date information on the issuance, reporting, listing and delisting of dual-listed companies and is intended to clarify and reflect these processes for dual-listed companies and companies considering dual listing.

Email scams and related recovery litigation
RPC
  • Litigation
  • Hong Kong
  • 15 January 2019

In a series of recent judgments, the first-instance courts in Hong Kong have demonstrated an increasing flexibility in assisting victims of internet and email fraud, including granting declaratory relief without trial. The courts' increasing willingness to grant declaratory relief without trial in these circumstances is a significant step in the right direction, as it has simplified the civil action to be taken by those affected by email fraud and similar scams.

An excessive demand is still a demand – Barclays Bank plc v Price
RPC
  • Litigation
  • United Kingdom
  • 15 January 2019

The recent decision in Barclays Bank plc v Price extends the established test that a demand made under a guarantee for an excessive amount may nevertheless be effective as a demand for what is due in circumstances where the amount that has been demanded exceeds an express liability cap. This judgment will surely be a welcome extension of the authorities relating to the operation of guarantees (and the demands made thereunder) for the creditors that benefit from such arrangements.

Reasonable notice damages for wrongful dismissal cannot be determined via summary judgment
Dentons
  • Litigation
  • Canada
  • 15 January 2019

A recent Court of Queen's Bench of Alberta decision provides clarity amidst the conflicting jurisprudential landscape regarding whether the assessment of damages for a termination without cause is appropriate for summary judgment. The court supported a master's finding that an assessment of damages for pay in lieu of reasonable notice for wrongful dismissal is inappropriate for summary judgment.

PFI contracts: gone but not forgotten?
Womble Bond Dickinson (UK) LLP
  • Projects & Procurement
  • United Kingdom
  • 15 January 2019

According to a recent budget speech, the government has abolished the private finance initiative (PFI) for future projects. Given its complexity, political sensitivity and knife-edge financial arrangements, it is hardly surprising that the PFI has proved to be so problematic and it is highly unlikely that anyone will be sorry to see it go. However, the question remains as to what will replace it.

For want of an asterisk: regional court scrutinises franchisor's TV advertising
Noerr LLP
  • Franchising
  • Germany
  • 15 January 2019

The Munich Regional Court I recently established a new precedent for competition restriction, which is prohibited in franchising systems under the Act against Restraints on Competition. The court found references to "participating restaurants" in a franchisor's TV advertising insufficient and in violation of the price maintenance prohibition. This decision deserves special attention as it relates to advertising with non-binding price recommendations, which is common among franchisors.

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