The Capital Market Authority (the CMA) approved CE amendments to the Rules on the Offer of Securities and Continuing Obligations (the ROSCOs).The amendments to the ROSCOs include the introduction of a new structure for listed companies to increase their capital while suspending the pre-emptive right of shareholders to subscribe to such capital. ‍New Capital Increase Structure The […]

There are not many jurisdictional pronouncements related to transfer pricing . For this reason, every time the Administrative Litigation Tribunal (“TCA”) issues a ruling on this issue, it undoubtedly arouses the interest of those of us who deal with tax matters on a daily basis. The case resolved by the TCA (Sent. No. 597/021) involves a Uruguayan corporation […]

Starting from March 1st, a new law on the screening of foreign investments has taken effect, focusing primarily on the country’s security and protection of critical infrastructure. The state may prohibit investments and impose fines in the millions. For more details, click here.

Tax practitioners are familiar with the substantive aspects of tax planning and advice, but considerations regarding the confidentiality of tax analysis and taxpayer communications are sometimes overlooked. This blog highlights some pitfalls that may result in an unintended “audit roadmap” on those transactions for which tax planning advice has been provided. This blog only covers […]

Bogotá has become a benchmark in terms of sustainable mobility not only in Colombia, but worldwide. According to recent figures, at the end of 2022, Bogotá had 1,485 electric buses in operation that became part of the city’s integrated public transport system. This means that Bogotá has the largest electric fleet in Latin America, surpassing cities such […]

In China, the basic regulatory mechanism of cosmetics has remained almost unchanged since the enactment of the Regulations on Hygiene Supervision of Cosmetics in 1989. However, the enactment of the Regulations on Supervision and Administration of Cosmetics on June 16, 2020 (effective from January 1, 2021) (the “Regulations”) marked the first step of the material […]

Prepared by our Energy and Natural Resources team. The newsletter also addresses topics such as the regulation of Distributed Generation, the discussions about the Evaluation of Environmental Attributes of Renewable Sources, the creation of a National Green Hydrogen Program, and the Market Opening in the Electricity Sector, among so many other hot topics of 2022: […]

In a new addition to our long-running series on physical marketplaces that reportedly engage in the trade of counterfeit goods,we head to Italy. Italy is home to some of the biggest luxury fashion brands in the world, including Fendi, Giorgio Armani, Gucci, Prada andVersace. However, it is also a prime destination for counterfeit goods. As […]

Non-fungible tokens in Argentina, Brazil, Chile an Colombia. Non-Fungible Tokens, the NFTs, have become one of the most popular assets globally. Developed as collectable assets which have its authenticity guaranteed by blockchain, the NFTs create a new market to acquire original digital pieces. NFTs have received increased attention in recent years, especially in the trade of […]

Introduction As a continental country and an emerging economy, Brazil has been investing to expand the logistics and social infrastructures. The logistics matrix is highly dependent of highways, because of the industrialization police adopted in the sixties. At the time, Brazil replaced its railways by highways. However, the maintenance, expansion and costs of highway transportation […]

Introduction EP policy via competition law at a nascent stage. Continued economic and political turmoil hinder priorities. Unlike the developed economies’ focus on carbon, Latin America’s environmental priorities are deforestation and irresponsible use of natural resources. Read more

In the latest International Law Office / Lexology issue on intellectual property, Westerberg & Partners’ Stefan Widmark and Petter Larsson discuss a widely debated judgment from the Patent and Market Court regarding copyright protection to a replacement pad to the Jetsson armchair designed by Swedish designer Bruno Mathsson. The case also concerns the outer limits of private use and in essence the right to […]

Sharing competitively sensitive information can carry antitrust risks in certain situations. Recently, the Antitrust Division of the U.S. Department of Justice indicated that it will take an increased interest in challenging information sharing as a potential antitrust violation in the health care sector and, possibly, other industries. While the division’s enforcement focus appears to be […]

In a judgment of 12 January 2023, the CJEU confirmed that the refusal to offer further service agreements to a self-employed person, based on the sexual orientation of the service provider, can indeed constitute a prohibited direct discrimination. The CJEU dealt with a preliminary question from a Polish court concerning the interpretation of Article 3(1)(a) and […]

David Rein and Eric Andrews Author Article on Civil Litigation Risks for Non-U.S. Companies Listed in the United States for Financier Worldwide David Rein, Deputy Managing Partner of S&C’s Litigation Group, and Eric Andrews, a litigation associate, authored an article for Financier Worldwide, “Key Litigation Risks and Mitigation Strategies for non-US Companies Listed in the US.” The […]

On February 15, 2023 the EU Commission opened an infringement procedure by sending a letter of formal notice to France (INFR(2022)4028) for its failure to address its labelling requirements concerning waste sorting instructions. Index Triman logo The infringements The reasons What now? Legal advice on environmental labelling Read more

The disclosure of ‘relevant evidence’ includes documentation that a party may be required to create by compiling or classifying information, knowledge or data already in its possession Under its judgment in Case C‑163/21, the Court of Justice of the EU (CJEU) held that the disclosure of ‘relevant evidence’, within the meaning of EU law, includes […]

Partner Theologos Mintzas, and Associates Ilia Boura and Elli Anastopoulou, members of our Environmental Law team, authored a commentary in the latest issue of Theory and Practice of Administrative Law (11/2022) published by NOMIKI BIBLIOTHIKI . Their commentary discusses the recent Council of State decision (1381/2022) allowing for minor illegal constructions that support a basic public infrastructure work within […]

More and more companies are inclined to promote the sustainability characteristics of their products and services, without always being able to support these claims with evidence. Commonly known as “greenwashing”, this is a form of misinformation that can lead to legal issues. Found in both B2C and B2B contexts, this practice aims at presenting or […]

The Act on Amendments to the Labor Act in Croatia entered into force on 1 January 2023 and brings numerous changes that require employers to make certain adjustments. In our newsletter, we provide an overview of the most important changes to the Labor Act that relate to the obligation to harmonize the Rules of Procedure […]

Unlocking the value of intellectual property (IP) Hardly anyone could argue against the constantly increasing importance of IP to companies. IP not only affects the business models of companies but also brings additional value to the table (e.g., in addition to its client list and personnel, a target offers proprietary software solutions facilitating and supplementing […]

The courts of Italy and Spain dispute the palm of the first sentences related to the protection of intellectual property rights in Web 3.0. On the one hand, the Italian court issues the first European-wide ruling on NFTs (abbreviation of “non-fungible tokens”). On the other hand, Spanish jurisprudence begins to explore the world of the metaverse and […]

While Law No. 9 of 2010 on the Promotion of Investment (the “Investment Law”) provides a remarkably favourable framework for the promotion of inbound foreign investment on paper, the Ministry of Economy’s overly restrictive interpretation of said law and its efforts to slow-walk the procession of applications by foreign investors gravely undermine this policy framework […]

Trademark publicity commenced some decades ago and applied to goods only; professional models advertised traditional consumer products: Coca-Cola, Zenith, Lucky Strike, and Hoover, among others—Don Draper’s stuff. Then came the protection of service marks, followed by three-dimensional and non-traditional, Internet-related, social media, cloud computing, NFTs, Web3, etc. As I wrote in my last article, unprecedented […]

Following an initial proposal on gender balance on company boards submitted by the European Commission ten years ago and numerous positions by EU institutions setting gender equality as a priority within the Union expressed since then, Directive 2022/2381 on improving the gender balance among directors of listed companies and related measures was adopted on 23 […]

On February 13, 2023, the Treasury Department and the Internal Revenue Service (the IRS) released Notice 2023-18 (the Notice), which established the program (the Allocation Program) to allocate $10 billion of advanced energy project credits (AEPCs) pursuant to section 48C(e),1 which was enacted as part of the Inflation Reduction Act of 2022 (the IRA).2 The goal of the program […]

On Thursday, February 23, 2023, the regulations to Law No. 9996 for the Attraction of Investors, Rentier Residents and Pensioned Residents were published in the national newspaper “La Gaceta”. Within which the following modifications are established: The foreign person who makes an investment in Costa Rica for an amount not less than… Read more

The Public Health Institute (“ISP”) approved -by means of Ex. Res. No. 369/2023- a new guideline regarding the performance of post-authorization safety studies of pharmaceutical products (the “Guideline”). This arises as an attempt to overcome the current regulatory gap caused by the lack of recommendations that provide concepts or technical guidelines allowing the development of […]

The 2nd Court of Monte Mor (São Paulo) granted an injunction in a writ of mandamus to remove the requirement for a certificate of fiscal regularity for the registration of the deed of purchase and sale of real estate, formulated by the Notary of Notes and Protests of Letters and Titles of Monte Mor . […]

Bryan O’Hare, commercial and insolvency disputes partner in the Hong Kong Office, and his team, Pui Yip Leung (associate) and Wing Lui (trainee), are acting for the Debtor/Respondent in the highly anticipated upcoming appeal to the Hong Kong Court of Final Appeal (CFA) which will be heard by a full Court comprising five Judges on […]

In an article published by Law360 on February 7, Nelson Mullins FinTech partners Arina Shulga and Jeff Kelly discuss new charges brought by the U.S. Securities and Exchange Commission that raise serious questions for digital assets projects. The latest complaint the SEC filed on Jan. 20, 2023 against Avraham Eisenberg reinforces its position that most tokens are securities and […]

“When subscribing to the service and therefore the beginning of the contractual relationship, the user accepts the terms and conditions”, being “underlying that the account cannot be shared outside the respective residence”. Therefore, continues João Paulo Mioludo, partner at SRS Legal, if you decide to share your login credentials with people who do not live […]

Pharmacies have changed a lot through years and have developed into shops where consumers navigate in an avalanche of products (medicinal, dietary, hygiene, etc.) which can be easily interconnected and used in the same treatments -but with different focus-as they are all intended to improve health. So, is there a clear boundary between all these […]

The Bombay High Court has reiterated that communications between a lawyer and client are privileged and cannot be disclosed to a third party without the express consent of the client. Brief facts The Petitioner, a Senior Advocate of the Bombay High Court, challenged a witness summons issued to him directing him to appear before the […]

Second Interim Restructuring and Interim Report of the Customer-Oriented Task Force of the Market System Working Group of the Financial Services Council The Financial Services Council’s Market System Working Group Customer-Oriented Task Force (hereinafter referred to as the “Customer-Oriented TF”) The Interim Report of the Customer-Oriented Task Force of the Market System Working Group of […]

Last June, Proposal for Law No. 15/XV was presented, under thewhich are expected to be amendments to theand other related legislation, in particular the legal regimeprofessional traineeships, the entry of whichis scheduled for 1 January 2023.The changes contained in the proposedlaw, to be approved as they are drafted, address some of the issuesrelevant to the […]

Construction accidents can cause significant personal injury or death, property damage, job delays, and increased costs. As a result, it is imperative that owners and contractors continuously monitor and manage potential safety concerns on construction job sites with the intention of reducing accidents… Read more

The phrase, “Hope for the best, plan for the worst,” is one I heard in a spy movie, and searching for a title for this article, it occurred to me that we could use that phrase to identify the role played by labor consultants.  There are many anecdotes. The companies that granted payments, bonuses, commissions, […]

Is There Really Something New Under the Sun? A new manufacturer liability has been provided by the Italian Consumer Code when a conventional warranty is granted: in such a case, the Consumer is entitled to start a legal action against the manufacturer directly in order to declare the existence of defects of the goods and obtain their […]

Underground salt caverns are commonly used for the storage of liquids including liquefied hydrocarbons. These caverns are created by solution mining of salt from inside underground salt formations and could play a pivotal role in the growth and development of a variety of energy transition and energy storage developments, including carbon sequestration and hydrogen projects. […]

The last quarter of 2022 saw two notable advances in relation to ESG reporting in Switzerland and in the European Union. In Switzerland, the Federal Council adopted an Ordinance on Climate Disclosures to complement the non-financial reporting rules that apply for the first with respect to the financial year 2023. In the EU, the co-legislator […]

The EPA continues to advance environmental justice policies, issuing its “Principles for Addressing Environmental Justice in Air Permitting” in December and preparing its much-anticipated guidance on addressing cumulative impacts in permitting expected later this year. Read more and watch here.

Following feedback received from stakeholders on its Circular of December 6, 2022 (“earlier Circular”), the Central Bank of Nigeria (“CBN”), via a new Circular titled: “Re: Naira Redesigned Policy – Revised Cash Withdrawal Limits” and dated December 21, 2022, with reference number: BSD/DIR/PUB/LAB/015/073 (“updated Circular”), announced a review of its earlier regulatory directives to commercial […]

On December 22, 2022, Law 28/2002, of December 21, for the promotion of the ecosystem of emerging companies (the “Startups Law”) was published in the BOE, the objective of which is to support the creation and growth of emerging companies in Spain. This Flash focuses on analyzing the new regulation of those known as ” digital […]

Lawyers have long relied on technology for help. However, there has been no evidence until now that technology would take over attorneys’ thinking and working. That is changing with the ushering of artificial intelligence into the realm of the written word. In late November 2022, OpenAI, one of the world’s forefront AI companies, unveiled its […]

«Infrastructures that, even today, are an obstacle to the inclusion of people with disabilities in the labor world. Today, February 1st, new quotas for people with disabilities in companies come into force. A staircase almost knocked Carla Neves Matias‘ professional destiny to the ground: law. “That ramp that is now at the Law School was me […]

In every due diligence involving a life science transaction, the parties (a.k.a. “buyer/ licensee/collaborator/partner” and “seller/licensor/collaborator/other partner”) need to identify various risks and obstacles that must be addressed. For example, both parties will want to understand key topics such as valuation modeling, valuation timing, intellectual property, the asset transfer process, representations and warranties, recent case […]

Review of Significant ESG Developments and Additional Considerations for 2023 As U.S. financial institutions assess their ESG risks, opportunities, policies and procedures for 2023, key considerations include the numerous significant ESG developments in 2022—in particular, recent proposals and initiatives announced by financial regulators with respect to climate-related risk management and disclosures—and overarching regulatory, political, investor […]