It’s been nearly a decade since Immigration Refugee Citizenship Canada (“IRCC”) ran a pilot program that allowed the dependent children of high-wage foreign workers in certain provinces to work while in Canada.  Last Friday, the Minister of Immigration, Refugees and Citizenship announced a three staged plan to allow family members of numerous foreign workers to […]

n December 13th, 2022, Decree No. 84 was published in the Official Gazette approving the Regulations governing mediation, conciliation, and arbitration in consumer matters, which will enter into force six months after publication, that is, on June 23rd, 2023. The issuance of this regulation is framed in the recent entry into force of the Pro-Consumer […]

On December 12, 2022, most political parties and movements with parliamentary representation signed the “Agreement for Chile” (the “Agreement”), through which they commit to enable a new constituent process to have a new Constitution for Chile. This Agreement arises from the will of the different political forces to give a democratic course to the creation […]

Yesterday, legislative file 22.215, Law to Attract International Workers and Remote Service Providers, was approved in first debate. The main purpose of this project is to attract digital nomads to Costa Rica, who will be granted a series of tax benefits.  Who is a digital nomad? Digital nomads will be those persons who meet the […]

In Costa Rica, recently, Law number 10.113 called “Cannabis Law for Medicinal and Therapeutic Use and Hemp for Food and Industrial Use” was approved, establishing six months to regulate said Law by the Executive Branch, which has executed those regulations as published in the official newspaper La Gaceta. Since the Ministry of Agriculture has already […]

PRK Partners initiated and led the preparation for an international comparative study on the development of online courts. Legal experts from a number of countries participated, including several Lex Mundi law firms. The study was also a research project by our intern student-researcher from Barcelona, Mr. Antonio Garrido Reus. Masaryk University in Brno also participated in the […]

In an article published by the Daily Report, Tax Controversy and Litigation Shareholder Patrick J. McCann, Jr. provides insight into the background and enactment of the Inflation Reduction Act and discusses what new IRS funding means for taxpayers, especially large corporations and high-net-worth individuals. “Those looking for additional guidance on this issue should look to […]

This is exactly the phrase I entered in my internet browser to try to inform myself a little bit about the presence, position and participation of women in the world of litigation, very confident to find names of colleagues in the world of litigation both nationally and internationally. This happened a few minutes after talking […]

The price cap policy for Russian crude oil became effective on 5 December 2022. This has major implications for service providers involved in the maritime transportation of that product. The price cap The price cap has been set at US$60 per barrel by an international coalition. It includes the G7 – USA, UK, France, Germany, Italy, Japan […]

Since 2019 there has been a ‘Mutual Arrangement’ in place between Hong Kong and Mainland China to facilitate the enforcement in Mainland China of Hong Kong judgments – and vice versa. However, that Arrangement has had only limited effect due to stringent applicability requirements. They include a requirement that the relevant underlying commercial contract needed […]

Introduction On 13 October 2022, the Insurance Regulatory and Development Authority of India (“IRDAI”) had released an exposure draft on the IRDAI (Registration of Indian Insurance Companies) Regulations 2022 (“Draft Regulations”). Our article on the changes proposed to be introduced by the Draft Regulations is available here. Thereafter, following comments received from various stakeholders on […]

Until when can the worker send the employer the medical certificate to justify his absence due to illness? The answer to this question might seem easy, given that, as a rule, collective agreements, or, failing that, company regulations, dictate specific provisions in this regard, prescribing the transmission of the medical certification within the second or third […]

1. Trends in syndicated loans The value of syndicated loans in Japan has been increasing in much the same way as in other countries. For borrowers, syndicated loans are large and flexible funding vehicles, and for lenders it is a business with a controlled credit risk, and which generates a high loan margin income. For […]

Fantasy Sports Operators Subject to New Massachusetts Tax The Massachusetts sports betting bill (“H.5164”) was signed into law in August 2022 by Governor Charlie Baker (more here on the impact of the bill). Included in the bill were two key provisions carving out fantasy sports contests from the definition of sports wagering1 and levying a separate 15 percent […]

n December 27, 2022, the Decree amending and adding various provisions of the Mexico City Tax Code (CFCDMX) was published in the Official Gazette of Mexico City, which will enter into force on January 1. of 2023. The topics that we consider most relevant are described below, although we recommend that the Decree be reviewed […]

Last week, Attorney General Merrick Garland issued a new DOJ charging and sentencing policy memorandum, replacing existing guidance to federal prosecutors in their exercise of prosecutorial discretion.  The thrust of the extraordinary new policy is that prosecutors are no longer expected to charge the highest most readily provable offense, but rather to consider potential punishments […]

On November 30, 2022, the IRS and the Treasury Department published Notice 2022-61 (the Notice) in the Federal Register. The Notice provides guidance regarding the prevailing wage requirements (the Prevailing Wage Requirements) and the apprenticeship requirements (the Apprenticeship Requirements and, together with the Prevailing Wage Requirements, the Labor Requirements) that taxpayers must satisfy to be eligible […]

On November 15, 2022, it has been published in The Gazette Official Daily No. 214, Law No. 1137, Special Law for the Change of Legal Regime of Non-Profit Organizations, which has the following objectives: 1. To establish special conditions and procedures for the change of the mercantile legal regime of 29 Non-Profit Organizations (hereinafter “NPOs”) to recipient […]

The Court of Justice of the European Union requests that its statutes be changed in order to reduce the court’s workload by introducing the possibility of referring certain cases for a preliminary ruling to the General Court and expanding the possibility of leave to appeal procedure for certain cases . The Court of Justice of the […]

Bracewell’s Amber Dodds and Bob Nichols look at potential unforeseen compliance and legal concerns with long-term remote work arrangements, including practical steps to address those issues. Read more.

Back in July 2022, the media reported that two of President Trump’s rivals, former FBI Director James Comey and his deputy, Andrew McCabe, had both been selected for IRS examinations under the National Research Program (NRP).  There were allegations that President Trump had sicced the IRS on his political foes.  That Comey and McCabe were both selected […]

How are perishable products suspended and preserved before the Turkish customs? Registering IP rights before Customs is a strong way of IP protection as it provides cumulative protection over all Turkish borders and customs authorities. By having a registration, right holders obtain ten business days to pursue legal routes against the suspicious products. However, this […]

La Ley N° 20.075, publicada el 3 de noviembre del corriente, reitera la obligación de constituir domicilio electrónico ante el Ministerio de Trabajo y Seguridad Social (MTSS), previamente establecida por el Decreto N° 343/017. La obligación alcanza a todos los empleadores del sector privado, que cuenten en su planilla de trabajo con empleados en régimen […]

It is common that after an initial honeymoon period, labor relations enter a state of plateau. Sometimes the routine does its thing, and what at the beginning were pure praise, ends up in a disagreement of proportions, sometimes even unpleasant. Perhaps that pattern is in the nature of all human relationships… Read more

WELCOME TO PANORAMA A year ago, the economic situation in LatAm seemed dire. But in the second half of 2021 and well into 2022, the business and economic outlook for Latin America has not only bounced back, but in many areas is surging forward. The picture, of course, is uneven. Exciting new technologies are being adapted […]

For more than 60 years, Puerto Rico has used its unique territorial framework to enact numerous tax incentives programs that have served as its main economic development tool. Puerto Rico is a territory of the United States, and the majority of US laws apply in Puerto Rico. However, Puerto Rico also possesses the authority to […]

The coming months will likely see significant changes and challenges for companies operating in Peru. In this article, we take a concise look at recent developments in the legal frameworks affecting antitrust, consumer protection and data protection. Antitrust: new rules for business concentrations Peru’s Law No. 31112, establishing the regime of prior control of business […]

Across Latin America, one of the challenges the energy sector faces is how to project future energy supply and demand in light of numerous possible scenarios. In such long-term planning, these projections must integrate an array of variables that are each essentially uncertain, such as post-pandemic economic recovery, the efforts of different countries to achieve carbon […]

In October 2015, the European Commission found that a tax ruling granted by Luxembourg to Fiat Chrysler Finance Europe (“FFT”) in 2012 (“Ruling“), validating certain transfer pricing methodologies to assess the annual taxable profit of FFT, constituted State aid and ordered Luxembourg to recover from FFT the unlawful and incompatible aid. In 2019, the General […]

Law Amending the Law on the Regulation of Electronic Commerce (Amendment Law), which envisaged significant changes within the e-commerce legislation, was published in the Official Gazette on 7 July 2022. The Amendment Law introduced the concepts of electronic commerce intermediary service provider and electronic commerce service provider and set forth comprehensive regulations covering electronic commerce […]

The December festivities are approaching, and as experts in the field of industrial and intellectual property, we are interested in letting you know if it is possible for any individual or corporation to obtain an exclusive protection for words that are widely used during this Holiday time, such as: Santa Claus, Christmas, Hannukah, Merry Christmas, […]

Investing in crypto assets is a high-risk activity. The existing structure of the crypto market, its supervision and its participants, is currently such that it cannot guarantee the security of funds, even for the customers of the best-known and, seemingly, best-protected exchanges. Given these inherent risks, there are several aspects that should be considered when […]

I. NEWLY ADOPTED BELGIAN TAX MEASURES On 30 November 2022, a new law on various fiscal and financial provisions (Law) was published in the Belgian State Gazette. The Law is part of the Belgian Minister of Finance’s action plan against tax and social fraud and modifies inter alia the investigation, assessment and retention periods in Belgian […]

CHALLENGE OF RULINGS BY THE DEFAULTING PARTY: THE SHORT-TERM TIME LIMIT FOR CHALLENGING The rule is simple: the defaulting party’s time limit for challenging a ruling shall runs from the moment when it has knowledge of the adverse ruling. The rule applies both to ordinary civil proceedings (art. 163 and ff. of the Italian Code […]

Provisional Measure (MP) 1152, published on December 29, 2022, substantially amended the Brazilian transfer pricing rules currently in force fo transactions caried out between related parties, with the purpose of aligning them with OECD Guidelines. The MP comes into effect on January 1, 2024, but taxpayeers may choose to apply it as from January 1, […]

Christopher and Dunstan contributed to Lexology’s annual reference guide, where they discuss design patent infringement. They explore the role that logos play when analyzing design patent infringement and how the Federal Circuit has analyzed such design patent infringement. Read more

There is little in this world more valuable than fine art. Just ask Paul Allen, whose collection of paintings and sculptures recently fetched over $1.5 billion at auction, including $117 million for van Gogh’s “Verger avec cyprès.” But, as so often happens, the financial rewards of fine art accrue to the collector, not the artist.  Van Gogh […]

Wolf Pack Activism vs. Poison Pill in Japan by Yuichi Urata A. Introduction: The Shocking Decision in the Mitsuboshi Case On July 28, 2022, the Japan Supreme Court upheld the decision of the Tokyo High Court to halt the implementation of the shareholders’ rights plan (or poison pill) of Mitsuboshi Co., Ltd.1 (“Mitsuboshi”) that was challenged by […]

On 22 November, the Executive approved Royal Decree-law 19/2022, which establishes a Code of Good Practice to alleviate the rise in interest rates on mortgage loans on primary residences (hereinafter, the RDL). The RDL amends the Code of Good Practice approved by Royal Decree-law 6/2012, of 9 March, on urgent measures for the protection of […]

Through the Agreement reached by the Permanent Commission of Concertation of Wage and Labor Policies, the increase of the minimum legal monthly salary for 2023 was set in the following amount: Minimum Legal Monthly Salary for year 2023: Read more

On 16 December 2022, the Swiss Federal Council published its position paper on next steps to be expected regarding the prevention of greenwashing in the financial sector. Greenwashing commonly refers to any practices of knowingly or unknowingly deceiving or misleading clients or investors about the sustainable characteristics of financial products and advisory processes. We are referring for further details to […]

In this newsletter we analyse a recent development where in The High Court of Delhi has clarified that Section 14 of the Arbitration and Conciliation Act, 1996 cannot be invoked to raise a challenge to appointment of an arbitrator on the grounds of bias. The decision strengthens the primacy of the arbitral tribunal to decide […]

The California Legislature introduced more than 4476 bills in 2021-2022 sessions, with 1726 coming in the second session, down from the 2750 in the first session. This article summarizes some of the more important bills directly affecting contractors, addressing issues such as payroll liability and reporting, Read More…

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 […]

The new Whistleblowers Act for the private sector of 28 December 2022 was published on 15 December 2022. Companies employing 250 and more workers will have to install an internal reporting procedure before 15 February 2023. Below you can read our Guide to the private sector Whistleblower rules in Belgium. A. Legal basis for whistleblowing Which […]

Epic Games, Inc. (“Epic”) agreed to pay a combined $520 million in two “record-breaking settlements” on Monday. The settlements resolve alleged violations of both the Federal Trade Commission Act (the “FTC Act”) and the Children’s Online Privacy Protection Act (the “COPPA Rule”). Epic Games, Inc. (“Epic”) agreed to pay a combined $520 million in two […]

In an earlier article, we discussed the concept of behavioural approach in the policy-making process. Recently, there has been a shift from traditional regulatory reform (which focuses on reviewing existing legislation and improving them by way of amendments or new laws) towards non-regulatory solutions (such as using behavioural sciences to revise policy framework). This is […]