On August 30, 2022, the U.S. Chemical Safety and Hazard Investigation Board (“CSB” or the “Agency”) issued a guidance document aimed at helping owners and operators of stationary sources and similar stakeholders understand and comply with CSB’s Accidental Release and Reporting Rule (the “Rule”), finalized by the Agency on February 21, 2020. The Rule reflects the Agency’s […]

In the month of July 2022, the State of Honduras signed the Agreement on Mutual Administrative Assistance in Tax Matters of the ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT (OECD in Spanish) . The officials appointed by the Honduran government to carry out said work were the Chancellor of the Republic and the Minister Director of the Revenue Administration Service (SAR); who, in […]

Workplace Violence and Harassment Referring to violence and harassment in the world of work as unacceptable behavior is because it constitutes a violation or abuse of human rights and a threat to equal opportunities and is incompatible with decent work. The first and most important thing is to define what is considered violence and harassment according […]

Electronic wallets or e-wallets are defined as a technological tool through which currencies can be kept and transferred on a virtual platform that is accessed through an application or web page. Currency stored in an electronic wallet can typically be loaded via credit or debit cards or via cash payments to a centralizing bank account or other authorized […]

LABOR INSPECTIONS – PROVISIONS OF THE GENERAL REGULATION OF LABOR INSPECTION AND APPLICATION OF SANCTIONS ARE MODIFIED On August 23, 2022, the Decree amending, adding and repealing various provisions of the General Regulation of Labor Inspection and Application of Sanctions (“The Regulation” is published in the Official Gazette of the Federation (“DOF”). ), which aims […]

This brochure contains the amended Law of 17 December 2010 on undertakings for collective investment (“UCI”) in French and English. Download PDF here

On 24 July 2002, the Law of 20 July 2022 (published in Mémorial A 371, with corrigendum published in Mémorial A 402) entered into force. In particular, the Law of 20 July 2022 has amended a number of provisions of the Law of 5 August 2005 on financial collateral arrangements, as amended from time to […]

On Tuesday, July 7, Libyan Prime Minister Abdul Hamid Dbeibeh signed Decree 642/2022, which removed from office with immediate effect the entire board of directors of the National Oil Corporation (“NOC”) – including long-time NOC Chairman Mustafa Sanalla. Former Libyan Central Bank Chairman Farhat Bengdara was appointed as Mr. Sanalla’s replacement. Mr. Sanalla is resisting […]

Introduction In Japan, the Anti-Monopoly Act sets forth the interaction between antitrust and intellectual property (IP) law. Specifically, Article 21 of the Anti-Monopoly Act states: ‘The provisions of this Act shall not apply to such acts recognisable as the exercise of rights under the Copyright Act, the Patent Act, the Utility Model Act, the Design […]

The company Code of Ethics governs many aspects of company life. The rules included in it have the purpose of guaranteeing values ??such as equality, fairness, confidentiality, protection of the person, honesty, impartiality, transparency, values ??which employees can recognise themselves. HR is responsible and also has the task of verifying that rules are respected. To […]

On June 13, 2022, the United States Supreme Court delivered a landmark decision, excluding the use of 28 U.S.C. § 1782 in international arbitration. 28 U.S.C. § 1782 authorizes a federal district court to order the production of evidence “for use in a proceeding in a foreign or international tribunal.” U.S. courts were split on […]

n August 2, 2022, the Italian parliament approved the draft law on delegation to the Italian government to transpose into national law a series of EU directives and regulations (“2021 European Delegation Law”),[1] including Directive (EU) 2019/1937 of the European Parliament and of the Council, providing common minimum standards of protection for a variety of subjects […]

TRASPARENT AND PREDICTABLE WORKING CONDITIONS: THE NEW PERSPECTIVE FROM EU DIRECTIVE 2019/1152 On July 29, 2022, Decree No. 104 of June 27, 2022 implementing EU Directive 2019/1152 on transparent and predictable working conditions (hereinafter referred to as the “Transparency Decree”) was published in the Gazzetta ufficiale, and it will take effect on August 13, 2022. The main […]

In recent weeks, the decision of the Italian Privacy Authority (“Garante”) in which the use of Google Analytics (LINK), a tool widely used by many websites, was declared illegitimate, because the data transferred to the US are not anonymous and there are no adequate safeguards within the meaning of Chapter V of the GDPR, has […]

INTRODUCTION With the publication of Law Decree no. 17/2022 (converted into Law no. 34 of 27 April 2022) and Law Decree no. 50/2022 (converted into Law no. 91 of 15 of July 2022), improvements were introduced aimed at simplifying the authorization procedures for renewable source plants. The legislative measures concern: Simplified authorization procedure relating to […]

Taxand Global Guide to M&A Tax 2022 We are delighted to present the latest edition of the Taxand Global M&A Tax Guide to equip you with tax reference points relevant to mergers and acquisitions, including recent local tax developments. Read more

The Hong Kong commercial and insolvency disputes team acted for the successful appellant in Guy Kwok-Hung Lam -v- Tor Asia Credit Master Fund LP CACV 393/2021 [2022] HKCA 1297.   On 30 August 2022, the Court of Appeal delivered a judgment dismissing a bankruptcy petition against the bankrupt debtor (the appellant) on the basis there […]

Introduction In light of the worldwide Covid-19 pandemic and the resulting financial slump in the country many  companies are likely to find modes to ring fence their assets for better security and protection. Some  distressed companies may also look at ring fencing their assets to secure them from any corporate  insolvency resolution process (“CIRP”) that […]

Towards a carbon-neutral India: How central, state governments, and corporations are striving to tackle the planetary crisis One of the few positive outcomes of the United Nations Climate Change Conference (COP26) is the commitment by major nations to achieve net zero carbon emissions by a certain year. India has also committed to becoming a net […]

I. ANTECEDENTES.- Antes de la promulgación de la Ley General sobre Medio Ambiente y Recursos Naturales, No. 64- 00 (18 de agosto de 2000), el marco normativo que regulaba el aspecto ambiental se caracterizaba en normas diversas y dispersas. Siendo unas sectoriales, manteniéndose la ausencia de una norma general o marco, con una coexistencia de […]

This edition of the international arbitration newsletter is a collection of case updates on commercial and investment arbitration from Q1 and Q2 of 2022, which comprises a landmark US Supreme Court case on discovery, and a European Court of Human Rights ruling on the enforcement of arbitration awards. The edition also includes a summary of […]

In a long-anticipated action, the Democratic-led Federal Trade Commission voted 3-2 on a party-line vote to issue an Advanced Notice of Proposed Rulemaking, which seeks to limit “commercial surveillance.”  The FTC asks if new rules are needed to protect against the “business of collecting, analyzing, and profiting from information about people.”  Specifically, the Commission seeks comment […]

How 10th Circ. Trustee Fee Ruling Will Affect Ch. 11 Appeals The U.S. Court of Appeals for the Tenth Circuit on Aug. 15 became the first appeals court to rule following the June 6 U.S. Supreme Court decision in Siegel v. Fitzgerald in In re: John Q. Hammons Fall 2006 LLC and held that the […]

Costa Rica is a country with an abundant flow of water that brings scenic beauty and biodiversity and satisfies human needs. Despite their undeniable value, the rivers, streams, or natural reservoirs that run through private property sometimes pose heavy burdens to landowners due to the legal limitations that bodies of water present to the use […]

In a session on August 24, 2022, the Legislative Assembly of El Salvador approved a special transitional law that grants facilities for the voluntary compliance of tax and customs obligations. Such law seeks to rehabilitate the situation of taxpayers who currently owe internal and customs taxes to the Tax Administration by exonerating them from fines […]

The approval of Legislative Decree 48-2022 Law for the Economic Recovery and Reactivation of Micro and Small Businesses and Agreement 362-2022 Regulations for the Economic Recovery and Reactivation of Micro and Small Businesses applies to all Micro and Small Enterprises (MSMEs) that have been: Incorporated in Honduras. Operating informally within five (5) years before the […]

Charles Feng, partner at East & Concord in Beijing, explains why filing for a trademark early is still a brand’s best bet. Since the promulgation of China’s Trademark Law in 1982, the first-to-file principle has been firmlyestablished. The major benefits of the principle are that it promotes the efficiency of trademark examination by the China […]

Prensa/El Mercurio Legal, publica la columna “Las modificaciones a las normas de relación” escrita por nuestro socio Mauricio Loy. “… Los conceptos son totalmente nuevos y, como tales, debemos esperar una clarificación posterior de los mismos por parte del SII, pero desde ya llama la atención que los redactores se encargaron de clarificar que la identificación […]

On August 2, 2022, IRCC announced it would be expanding work permit opportunities for certain former or current post graduate work permit holders, as well as Temporary Resident to Permanent Resident (“TR to PR”) Pathway applicants. Beginning on August 8, 2022, individuals whose post graduate work permit expired on or after September 20, 2021, or […]

upreme Decree No. 4732 (hereinafter, the “Decree 4732”) and its regulation were issued by the National Government. This regulation contains provisions aimed at regulating the presence of abusive clauses and commercial practices in contracts of future sale, sale with reservation of title, and other types of real estate pre-sale contracts, under Law No. 453, law […]

The Belgian transposition of the EU Directive on transparent and predictable working conditions: next steps for employers The Belgian transposition of the EU Directive on transparent and predictable working conditions: next steps for employers. In Belgium, the transposition of the EU Directive 2019/1152 on transparent and predictable working conditions in the European Union (the Directive) is not yet […]

GDPR VIOLATION DUE TO INTERNAL COMMUNICATION CONCERNING THE HEALTH STATUS OF A DISMISSED EMPLOYEE   The Belgian national data protection authority (DPA) has recently reprimanded a public employer, following a complaint for a breach of GDPR-rules concerning data procession of personal health information, filed by a dismissed employee. During an internal meeting of HR staff the dismissal of the employee […]

On 18 August 2022, the President of Ukraine signed the new Law “On Joint Stock Companies” No. 2493 (“the Law”). It will enter into force on 1 January 2023. The Law was enacted to ensure the fulfilment of Ukraine’s obligations under the Association Agreement with the EU regarding the harmonisation of national legislation with EU legislation […]

On November 5, 2021, WIPO Standard ST.26 was approved. This Standard defines the nucleotide and amino acid sequence disclosures in a patent application required to be included in a sequence listing, the manner in which those disclosures are to be represented, and the Document Type Definition (DTD) for a sequence listing in XML (Extensible Markup […]

As of June 2022, the Costa Rican Antitrust Authority (“COPROCOM”) implements the Leniency Program. This Program grants incentives to individuals and companies that participate in practices related to horizontal restraints, so they disclose these practices to COPROCOM. The persons or entities that participate in this Program can obtain an exemption of 20% and up to […]

In recent days, the Insurance Superintendency of Panama approved Rule No. 02 of 2022, which regulates the use of electronic signatures in the documentation related to the insurance sector. This legislation came into effect on July 20, 2022. Read more

SUBSTRATION OF FOREST RESERVE AREAS: COURT REVOKES RULING THAT ORDERED THE SUSPENSION OF RESOLUTION 110 OF 2022 The Superior Court of the Judicial District of Bogotá, in a ruling dated on the 3rd of May, revoked the Constitutional Protection (tutela) ruling dated March 11, 2022 that, in the first instance, had ordered the provisional suspension […]

Thursday last saw the publication of the long awaited Central Bank (Individual Accountability Framework) Bill 2022 (“IAF Bill“) which, when enacted, will introduce the Individual Accountability Framework and the associated Senior Executive Accountability Regime (“SEAR“). The IAF Bill can be found on the Oireachtas’ website. The legislation has been welcomed by the Central Bank of Ireland, see […]

Draft Resolution Establishing List Of “Minor Changes” In Construction Of Energy Projects With Environmental License Was Published The Ministries of Mines and Energy (“MME“) and of Environment and Sustainable Development (“MADS“) published, for public information and comments, the draft joint resolution establishing a series of activities and works considered as “minor changes” or “normal adjustments” in the […]

The memory reader may remember it. In September 2019, the Entrepreneurship Law (Law No. 19,820, “the Law”) created the so-called simplified stock company, usually known by its acronym: “SAS”. The objective was very clear: to make available to entrepreneurs an agile, flexible vehicle, with a lower burden of procedures and bureaucracy and, therefore, with a lower cost. […]

Through an announcement issued by the Ministry of Finance, Mario Marcel, the government presented the general outlines of its tax reform proposal. This reform would consist of four bills (two of which would be submitted to Congress during July, and the remaining ones during the fourth quarter), which will be relevant to know in order […]

The real estate sector is one of the most recognised sectors worldwide from an investment standpoint and primarily consists of four sub-sectors – residential, commercial, hospitality and retail. In India, the real estate sector is considered to be the backbone of the economy and is the second largest employment generator after agriculture, with a multiplier […]

Thinking of Setting Down a New Flag? What Must a Contractor Know When Expanding to a New Region? During periods of growth and diversification, contractors often look to new geographic regions as part of their strategic business development. When expanding to a new region, contractors must examine several risk and operational considerations before setting down […]

Recent news related to construction material escalation has been sobering. Today, contractors face increased risks related to cost escalation of numerous construction materials, and it is expected that increased costs will be passed on to owners in the form of increased bid prices. While U.S. Bureau of Labor Statistics data indicates that bid increases lagged […]

 IRS Announces Unprecedented Waiver of Penalties for Certain International Information Reporting and Late Tax Returns: Short Window of Opportunity On August 24, 2022, the IRS released Notice 2022-36, Penalty Relief for Certain Taxpayers Filing Returns for Taxable Years 2019 and 2020 (the “Notice”). The Notice waives certain failure-to-file penalties (FTF) and international information return (IIR) […]

SUPREME COURT SETS ASIDE TRIBUNAL’S ORDER WHICH FAILS TO CONSIDER GROUP OF COMPANIES DOCTRINE: (ONGC v DISCOVERY ENTERPRISES PVT LTD & ANR) [1] A three-judge Bench of the Supreme Court has set aside an arbitral tribunal’s §16 order on the ground that it failed to consider the applicability of the “group of companies” doctrine. This […]

Delhi High Court has held that an order passed by an arbitral tribunal,, pursuant to the matter being remitted back to it cannot be treated as a fresh arbitral award Facts On 14 December 2017, an arbitral award was passed in favour of the Respondent. Aggrieved, the Petitioner filed an application before the Tribunal under […]

El 22 de agosto de 2022, se publicó en el Boletín Oficial la Ley 27.679, por medio de la cual se prorroga el régimen de blanqueo de capitales para la construcción implementado por la Ley 27.613. El régimen implementado por la Ley 27.613 no tuvo la participación pretendida, debido a los acotados plazos de adhesión y […]

On August 19, the U.S. Environmental Protection Agency (EPA) posted the pre-Federal Register publication of its latest effort to revise the Risk Management Plan (RMP) rule – this time titled the “Safer Communities by Chemical Accident Prevention” or SCCAP rule.  EPA proposes to reinstate many of the 2017 revisions (e.g., third-party audits, safer technology analysis, […]

Over the past few years, the phenomenon of ESG has grown in importance at a breathtaking speed. Originally an instrument in the financial markets allowing investors to better assess the risks in their investments, ESG has further evolved into a major legislative effort of the European Union. In countries with significant financial markets, ESG has […]

Following an August 11, 2022 opinion from the Court of Appeals for the Fifth Circuit, certain irrevocable surety bonds will not be considered executory contracts in bankruptcy, even when a court applies a functional multiparty approach to the traditional Countryman definition of an executory contract. In industries like oil and gas, where surety bond programs are often […]

The crypto winter has overcast the summer for many Voyager customers. Upon the commencement of Voyager’s chapter 11 filing in July, customer accounts were frozen. Unable to trade their own crypto assets, some frustrated customers rushed to consult with legal counsel. Others began studying bankruptcy law in the hopes of finding a legal solution. It […]

Se proyectan modificaciones en el Decreto-Ley Nº 15.322 Ponemos en su conocimiento que el día 30 de junio de 2022, el Poder Ejecutivo remitió a la Asamblea General un proyecto de ley referente a la Rendición de Cuentas y Balance de Ejecución Presupuestal correspondiente al ejercicio 2021 (el “Proyecto”), cuyo artículo 432 introduciría modificaciones al […]

Executive Summary ■ The Irish Government recently published a policy document in relation to data centre development (the “Policy Document”), highlighting that data centres play an “indispensable role” in the Irish economy and society and identified various ‘principles’ to ensure that data centre infrastructure can be accommodated. ■ Separately, to support the achievement of Ireland’s […]

With record high electricity prices and low development costs, solar power has become a strongly growing market in the past year. Before the summer, Avinor opened Rogaland’s largest ground-mounted solar park at Stavanger Airport Sola. NVE has recently awarded the first license to a solar power plant in Norway, and the turnover of solar cells to private […]

Ordinance No. 212/2022, of August 23, was published, a diploma that updates the values of the license classes. Object According to Law No. 41/2015 of June 3, (Legal regime applicable to the exercise of the construction activity), the qualifications in the various categories and subcategories contained in the permits of the construction companies are assigned […]

Competition damages claim: inappropriateness of precautionary measures requiring the CNMC to refrain from issuing a report requested by a Commercial Court On 10 February 2022, Commercial Court No. 1 of Oviedo (the “Court”) requested that the Spanish National Commission on Markets and Competition (the “CNMC”) publish a report for the resolution of a claim procedure […]

With the much-debated reforms to Act 19/2003, of 4 July, on capital movements (“Act 19/2003”), the Spanish foreign direct investment (“FDI”) regime has been expanded over the past few years.  However, FDI screening in relation to defense investments predates Act 19/2003 (and the recent FDI hype more broadly), and was regulated in Royal Decree 664/1999 of 23 […]

The importance of corporate behaviour in the climate transition and to reach a sustainable development has led to increasing requirements on responsible business conduct and an ongoing shift towards more binding rules relating to sustainability. According to a proposal for a new EU directive, companies will be required to carry out due diligence regarding sustainability. […]

Introduction The question of whether there exists likelihood of confusion between two trademarks may arise in several situations – for example, in the case of trademark registrations or oppositions to trademarks, or in the use of trademarks when marketing and selling goods and services. It may seem commercially attractive to companies to register a trademark […]

Introduction Developments in the past year confirm that Sweden remains an arbitration-friendly jurisdiction. Arbitration is a favoured means of dispute resolution for many Swedish businesses and while Stockholm is not as frequently selected as an arbitral seat as London, Paris, New York or Washington DC, it is not uncommon for parties in international commerce to […]

On 5 August 2022, to increase the EU’s security of energy supply, the European Council adopted COUNCIL REGULATION (EU) 2022/1369 on coordinated demand reduction measures, aimed at reducing gas demand by 15% ahead of the 2022-23 winter season (the “Regulation”). The purpose of the Regulation is to contribute to the filling of storage capacities, help […]

The increasing liberalization of the market for cannabis products in Switzerland opens new opportunities for companies. With the prohibition on the traffic of cannabis for medicinal purposes being lifted, cannabis medicinal products are likely to play a greater role in the future. Read more

Supreme Court Declares in the Long-Lasting Trademark Combat That the Attention Level for Unprescribed Medicines Is No Different Than the Prescribed Ones. Supreme Court Assembly of Civil Chambers has rendered a significant decision (E. 2017/413, K. 2021/1127 T. 30.09.2021) on the long-lasting trademark combat between the pharma trademarks. In the precedent, the plaintiff- owner of the […]

Decision on processing of the data subject’s “hand geometry” information by the data controller without obtaining explicit consent for entrances to the service building of an enterprise Data subject has filed a complaint with the Board, alleging that palm and fingerprint information was scanned by the company authorities to enter the service area while registering […]

Con fecha 26 de agosto de 2022, el Banco Central del Uruguay (el “BCU”) publicó en la “Sala de Prensa” de su sitio web una noticia, informando que a partir del jueves 1° de setiembre de 2022 los comerciantes y prestadores de servicios tendrán la posibilidad de contar con la totalidad de opciones de pago […]

Advice for the New Partner Although most everyone likes a sunny forecast, in the legal profession it is those who make it rain that are often the most valued and well-compensated. But while farmers need rain to feed and nurture their crops, for lawyers, the inverse proposition is more likely true because it is the […]

On July 27, 2022, the Federal Trade Commission (“FTC”) voted 3-2 to sue in federal district court to block Meta Platforms, Inc.’s (“Meta”) acquisition of Within Unlimited, Inc. (“Within”), a virtual reality (“VR”) app developer. In authorizing the complaint, the commissioners took the unusual step of overruling an FTC staff recommendation to close the agency’s investigation. Further, the two Republican […]

Creditors do not have standing to assert derivative claims on behalf of a bankrupt Delaware limited liability company, according to a recent ruling by Delaware’s bankruptcy Judge John Dorsey in In re Ector County Energy Center LLC. The ruling, handed down orally on August 15, cuts off one avenue for creditors seeking to force a […]

In an article published in the Daily Business Review, Miami-based partner Daniel Newman and associate Sam Ludington discuss cryptocurrency litigation trends and the rapidly evolving legal landscape surrounding digital assets. “Without legislation or regulatory guidance, more questions around cryptocurrency remain unanswered than not,” they wrote. “Failing to consider the legal implications around cryptocurrency can result in actions and investigations […]

In an article published in the Daily Report, Columbia Encompass Discovery Counsel and Advanced Solutions Administrator Rick McGee discusses burnout and languishing in legal professionals with a specific focus on e-discovery and technology-focused practices. McGee explores solutions to remedy an increasingly common reality in a post-pandemic world. McGee examines how burnout more predominantly affects technology- Read more

With the ordinance n. 24722/2022 of 11.8.2022, the Supreme Court of Cassation, expressing itself on the legitimacy of a dismissal for poor performance, takes the opportunity to emphasize a principle of law and a provision of the Workers’ Statute , which, in light of the entry into force of Legislative Decree no. 104/22 (now known as the […]

In accordance with the General Law of Immigration and Immigration, and its respective regulations, all foreigners who request a temporary residence as an annuitant, must provide proof of the enjoyment of monthly income, coming from abroad or from Costa Rica, for a minimum amount of two thousand five hundred dollars. When the income is generated […]

Merger control is an essential element for any effective competition system, regardless of geography. Although recommended by the Organization for Economic Co-Operation and Development (OECD) on several occasions,[1]  a merger control regime eluded the Peruvian market up until 2021,[2] when – after several bills failed in Congress – Law N° 31112 was finally enacted in January 2021. […]

With Federal Decree nº 11.075/2022, Brazil takes another step toward creating a carbon market Brazil has published Federal Decree No. 11.075 which establishes the procedures for Sectorial Plans for Mitigation of Climate Change and institutes Sinare, the National System for the Reduction of Greenhouse Gas Emissions. Since Brazil created its National Policy on Climate Change […]

Con fecha 30 de junio de 2022, entró en vigencia la Ley N°21.461, que modifica la Ley N°18.101 que fija Normas Especiales sobre Arrendamiento de Predios Urbanos y el Código de Procedimiento Civil, mediante su publicación en el Diario Oficial. Las principales modificaciones que contempla la Ley N°21.461 dicen relación con: La incorporación de la medida […]

Los datos personales son uno de los principales insumos empresariales en la actualidad, particularmente, en el ámbito de los negocios digitales, ya que la economía del conocimiento es “data-driven”. Esto ha dado lugar al nacimiento de una nueva área legal – la privacidad o protección de datos personales –, con un “mapa de calor” en […]

On February 17, 2021, the First Chamber of the Mexican Supreme Court of Justice (“ SCJN ”) issued a judicial precedent pursuant to which it determined that notwithstanding the insurance premium is paid, in case this is done after the 30-day grace period , the insurance contract terminates, even if the insurer received the premium. The rationale […]