Latest updates

Executive pay ratio reporting – sound familiar?
Lewis Silkin
  • Employment & Benefits
  • United Kingdom
  • September 20 2017

The government recently announced that it will take forward a number of proposals for corporate governance reform relating to employment, including proposals on executive pay ratio reporting, which echo the new gender pay gap reporting requirements. However, it remains to be seen whether the government will take on board some of the lessons of gender pay gap reporting or whether this will become another public policy initiative which produces misleading results and does little to tackle the underlying problem.

Supreme Court intervenes in state decision to limit employment term of judges' legal assistants
S Horowitz & Co
  • Employment & Benefits
  • Israel
  • September 20 2017

The issue of fixed-term employment – both in general and in the civil service in particular – raises many legal issues. The Supreme Court of Justice recently had an opportunity to provide a ruling in a case involving judges' legal assistants who were employed under special contracts. The ruling is an example of how the Supreme Court can create or force the legislature or the parties to an employment relationship to create special solutions for employment situations that do not fit conventional models.

Use of electronic oil record books on board Cyprus-flagged vessels
Elias Neocleous & Co LLC
  • Shipping & Transport
  • Cyprus
  • September 20 2017

Under the International Convention for the Prevention of Pollution from Ships, only wastewater containing a specified proportion of oil may be discharged directly overboard and all discharges must be recorded in an oil record book. The Department of Merchant Shipping recently issued guidance regarding the use of electronic oil record books on board Cyprus-flagged vessels, which follows the recommendations of the International Maritime Organisation's Marine Environment Protection Committee.

Text completing transaction does not violate Telephone Consumer Protection Act, court rules
Manatt Phelps & Phillips LLP
  • Telecoms
  • USA
  • September 20 2017

A text message does not constitute telemarketing pursuant to the Telephone Consumer Protection Act where it was sent to complete a transaction, according to a recent federal court decision. Further, where a prospective purchaser has entered his or her contact information in an online form and submitted it (even if the order is not completed), the individual has provided prior express consent for non-marketing communications. This decision could provide comfort to businesses seeking to send such communications.

CFTC extends and revises relief for position aggregation requirements and notice filings
Shearman & Sterling LLP
  • Derivatives
  • USA
  • September 20 2017

The Commodity Futures Trading Commission (CFTC) has extended and revised no-action relief that provides an exemption from compliance with certain aggregation requirements for CFTC-specified position limits for futures and option trading. CFTC staff have indicated that they may consider further modifications to these requirements during the term of the relief.

Intragroup transfers of HR data
Schoenherr Attorneys at Law
  • Employment & Benefits
  • Hungary
  • September 20 2017

Organisations with legal entities and employees in several EU member states often try to centralise their human resources (HR) functions to some extent, which occasionally requires them to share employee and HR data within their group. Although existing Hungarian law provides a stable legal environment with clear rules for employers as data processors, there is a general feeling of uncertainty around this topic, which is partly due to the upcoming entry into force of the EU General Data Protection Regulation.

No compensation for cancellation after re-routing
Arnecke Sibeth
  • Aviation
  • Germany
  • September 20 2017

The Dusseldorf Local Court recently decided that passengers do not have a right to compensation if, according to the meaning of Articles 7(2) and 8 of EU Regulation 261/2004, an alternative flight is cancelled. The court argued that the regulation differentiates between a 'flight' as subject of the transportation contract and an 'alternative flight' as a measure of assistance. Consequently, the cancellation or delay of an alternative flight gives no right to compensation.

When working notice just does not work
Fasken Martineau DuMoulin LLP
  • Employment & Benefits
  • Canada
  • September 20 2017

For employers shutting down operations, providing working notice is often the best way to reduce severance amounts owed. However, an Ontario court recently confirmed that working notice is appropriate only for employees capable of working during the notice period. Further, the court stated that employers are not entitled to accept a doctor's note when offered, then question its validity at trial.

Simplification of French foreign investment procedures
AyacheSalama
  • Corporate Finance/M&A
  • France
  • September 20 2017

The foreign investment rules provided under the Monetary and Financial Code were recently amended. M&A practitioners have welcomed the reform of the foreign investment rules, as it reduces the paperwork for foreign investments not falling within the scope of the prior authorisation regime. In addition, this reform has removed a cumbersome administrative procedure considered redundant.

Labour reform: equal treatment for litigating parties
Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados
  • Employment & Benefits
  • Brazil
  • September 20 2017

The need to modernise the procedural rules applicable to the labour procedure has long been a concern in Brazil. As such, it was well known that labour relations were being modernised and that the law did not satisfactorily account for this progress. In light of this, the newly enacted Law 13,467/2017 will introduce, among several changes not seen in prior legislative amendments, equal treatment of litigating parties and greater legal certainty for both litigating parties and Brazilian society as a whole.

Absence from trial ill-advised
RPC
  • Litigation
  • Hong Kong
  • September 19 2017

Karla Otto Ltd v Bayram is another recent case that has its origins in misappropriated money being transferred from overseas to Hong Kong. The case took several years to get to trial and when it did, the defendants were absent. Whether that absence was a strategic decision on their part or explained by the first defendant's illness became an issue. The case demonstrates that the courts will be careful to scrutinise applications to adjourn a civil trial on the basis of a party's illness.

Franchising and the gig economy – risks and rewards
Fieldfisher LLP
  • Franchising
  • United Kingdom
  • September 19 2017

A number of businesses which franchise will interact with the gig economy, particularly those which operate with a low entry threshold, such as contract cleaning and other service-based franchises. Both franchisors and franchisees in these sectors may have individuals working for them in this capacity, so they must be aware of existing issues and the regulations that will likely be introduced.

Shurbanova v Forex Capital Markets Limited: trading places unwound
RPC
  • Litigation
  • United Kingdom
  • September 19 2017

The High Court recently upheld the contractual right of an online foreign exchange retail trading broker to revoke trades entered into by a customer, on the basis that the customer had breached a contractual duty not to trade abusively. The court held that the broker's right to revoke was not subject to a Braganza duty to exercise it in a way which was not arbitrary, capricious or irrational in a public law sense.

Minimum Competency Code to incorporate implementation of EU Insurance Distribution Directive
Matheson
  • Insurance
  • Ireland
  • September 19 2017

The Minimum Competency Code 2017 has been introduced to incorporate the implementation of the EU Insurance Distribution Directive, the EU Markets in Financial Instruments Directive II and associated European Securities and Markets Authority guidelines and the European Regulations 2016. The main changes under the code relate to the qualification and experience requirements of the staff of financial services providers.

Supreme Court clarifies when regulatory bodies may fulfil crown's duty to consult
Dentons
  • Litigation
  • Canada
  • September 19 2017

The Supreme Court of Canada has previously explained that legislatures may empower regulatory bodies to play a role in fulfilling the crown's duty to consult Aboriginal peoples. However, how that controlling law is to be applied by tribunals and by the courts of justice has been less clear. The Supreme Court recently issued two landmark crown consultation decisions, which provide meaningful guidance on when and how the crown may rely on regulatory processes to fulfil the duty to consult.

Insurance regulator broadens regulatory framework on reporting standards
Hogan Lovells BSTL SC
  • Insurance
  • Mexico
  • September 19 2017

The National Insurance and Bonds Commission recently amended the Sole Provisions on Insurance and Bonds in order to increase legal certainty with regard to the regulatory framework that applies to actuarial, financial and investment functions. These amendments aim to ensure that the commission has the information required to take necessary regulatory action in the event that irregularities are detected and prompt intervention is needed.

KFIR four years on: is it fulfilling its obligations?
Zacco
  • Intellectual Property
  • Norway
  • September 18 2017

Appeals of Norwegian Patent Office (NIPO) decisions used to be handled by a separate NIPO appeals division. However, in 2013 the Board of Appeal for Industrial Property Rights (KFIR) replaced this division. The motivation for this change was to increase legal certainty through independent review and efficient, trustworthy and user-friendly prosecution of appeals. Now that the KFIR has been active for four years, it is timely to take a closer look at the extent to which these purposes are being fulfilled.

Recent reform of mineral rights granting system
Broad & Bright
  • Energy & Natural Resources
  • China
  • September 18 2017

The Ministry of Land and Resources (MLR) recently announced the Mineral Rights Granting System Reform Programme, which aims to promote the competitive granting of all types of mineral right in China. The programme requires the competent authorities to implement tender, auction and listing methods to grant mineral rights and imposes strict restrictions on the granting of mineral rights via agreements. It also requires the MLR to delegate its mineral rights approval powers to lower-level departments.

Fair use may not extenuate infringement on right of paternity
Lee and Li Attorneys at Law
  • Intellectual Property
  • Taiwan
  • September 18 2017

The Copyright Act provides that "fair use of a work shall not constitute infringement on economic rights in the work". However, should an exploiter of a work be considered to be infringing the author's right of paternity if he or she exploits the work within the reasonable scope of fair use, as specified in the act, but fails to provide a clear indication of the source of the work? The IP Court recently provided conflicting opinions on this matter.

Applicant victorious in 12-year battle against bad-faith trademark, but is the fight over?
Wanhuida Peksung
  • Intellectual Property
  • China
  • September 18 2017

In a trademark battle involving Swiss fashion company AKRIS Prêt-à-Porter AG, Akris had to change its litigation strategy in the second-instance proceedings by shifting the focus from its prior registration, which had ceased to exist, to the bad faith of the owner of the opposed trademark. The case, which took 12 years to resolve, was recently selected as one of the Beijing IP Court's 18 exemplary cases concerning bad-faith trademark filing.

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