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Digital evidence, criminal investigations and due process of law
Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados
  • White Collar Crime
  • Brazil
  • 10 December 2018

The Superior Court of Justice recently appraised a noticeable theme regarding personal data protection from a criminal law perspective: the validity of police evidence obtained from smartphones without a specific judicial order to do so. The precedent has had a strong effect on investigations of varying scope and importance. Two recent examples occurred in the wake of high-profile anti-corruption and anti-money laundering investigations.

Corp Fin updates CDIs relating to smaller reporting companies
Cooley LLP
  • Company & Commercial
  • USA
  • 10 December 2018

The Division of Corporation Finance (Corp Fin) recently updated its compliance and disclosure interpretations (CDIs) relating to smaller reporting companies. In connection with these updates, Corp Fin has also withdrawn a number of CDIs. Under the new amendments, companies can now be both accelerated filers and smaller reporting companies. Further, in determining whether a company is a smaller reporting company, its annual revenues should be calculated on a consolidated basis.

Regulations clarify new agencies' roles following institutional IP reform
Wanhuida Peksung IP Group
  • Intellectual Property
  • China
  • 10 December 2018

China's State Intellectual Property Office was recently renamed the National Intellectual Property Administration. Simultaneously, the activities of a number of government entities, including the State Administration for Industry and Commerce and the State Intellectual Property Office, were regrouped under the State Administration for Market Regulation. Since the government announced this plan, foreign brand owners have been wondering how it will affect the IP sector.

Compelling case for patenting
KISCH IP
  • Intellectual Property
  • South Africa
  • 10 December 2018

South Africa is an attractive launch pad for many international companies when it comes to the protection and enforcement of intellectual property for their services or products that they wish to share with Africa. Even more attractive is South Africa's simple, quick and affordable patent system. There is no patent opposition in South Africa and the validity of a patent can be challenged only post-grant by way of the court system.

Effects of bankruptcy on spouses' personal debts
ALTIUS
  • Insolvency & Restructuring
  • Belgium
  • 07 December 2018

The former Bankruptcy Statute of 1997 included a principle that a natural person could be discharged of their remaining and outstanding debts – a so-called 'waiver' – at the moment of a bankruptcy's closure. The discharge's beneficial effects were extended to the bankrupt person's spouse. However, for bankruptcies that have happened since 1 May 2018, and so fall under the new legal framework, this situation has changed.

New NAFTA: implications on US financial services industry
Arent Fox LLP
  • International Trade
  • USA
  • 07 December 2018

In 2017 the United States agreed that it was time to modernise the 24-year-old North American Free Trade Agreement pact, launching months of negotiations that recently ended. When it comes into force, the United States-Mexico-Canada Agreement (USMCA) will strengthen national treatment protections for the covered financial services industry in the United States. This is set to take place throughout 2019, with the USMCA possibly coming into force in early 2020.

Do liaison offices have to pay GST?
BDO in India
  • Corporate Tax
  • India
  • 07 December 2018

The Advance Ruling Authority (ARA) was constituted under Indian goods and services tax law and entrusted with the responsibility of answering questions regarding the applicability of tax, the admissibility of input tax credit, the classification of goods and services and the eligibility to receive the exemption. While an ARA ruling is binding only on the taxpayer that raises the question, it carries persuasive value in identical situations.

GDPR implementing legislation in Austria
Schoenherr Attorneys at Law
  • Tech, Data, Telecoms & Media
  • Austria
  • 07 December 2018

The EU General Data Protection Regulation (GDPR) has created a new understanding and awareness of data protection. Despite being a directly applicable legal act, the GDPR has created significant work for the Austrian federal legislature, which has chosen to impose it by implementing the narrow but general Data Protection Act and introducing amendments to ordinary legal acts individually. However, these amendments are essentially limited to wording adjustments and restrictions on data subjects' rights.

Pilot work commences on critical information infrastructure security examination assessment guidelines
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 07 December 2018

The National Information Security Standardisation Technical Committee recently held a meeting to commence the pilot work on the Information Security Technology – Guidelines for Critical Information Infrastructure (CII) Security Examination Assessment (For Approval). The pilot work will focus on the reasonability and practicability of the guidelines. Twelve CII operators from the telecoms, internet, transportation, energy, finance, e-government and public services industries have been selected as pilot units.

Three strikes and you're out – bank's duty to make inquiries of suspicious transactions
Allen & Overy LLP
  • Banking
  • United Kingdom
  • 07 December 2018

A first-instance court recently considered the extent to which a bank's duty of care owed to its customers, co-existing in contract and tort, requires the bank to make inquiries of suspicious transactions in their bank accounts. The court found in favour of the bank on the basis of expiry of the relevant limitation period. This article focuses on the court's discussion, by way of obiter, of the bank's duty of care owed to its customers where suspicious transactions occur.

Is the Office of the Tax Ombud doing its job?
Cliffe Dekker Hofmeyr
  • Corporate Tax
  • South Africa
  • 07 December 2018

Since its establishment in October 2013, the Office of the Tax Ombud (OTO) has been expected to enhance South Africa's tax administration system. Although the OTO has proven its value to the industry and taxpayers alike by resolving complaints, securing large refunds and launching much-anticipated investigations, its greatest challenge continues to be proving that it is equipped and has the capacity to go toe-to-toe with the South African Revenue Service.

IRS real-time audit programme: further developments
McDermott Will & Emery
  • Corporate Tax
  • USA
  • 07 December 2018

The Internal Revenue Service (IRS) Compliance Assurance Process programme is a real-time audit programme that seeks to resolve the tax treatment of all or most return issues before tax returns are filed. Taxpayers and IRS leadership have generally praised it as one of the most successful corporate tax enforcement programmes. However, its fate has been uncertain in recent years given the IRS's shift in the examination process and the agency's dwindling resources.

New labour condition application form implemented
Fakhoury Global Immigration
  • Immigration
  • USA
  • 07 December 2018

The Department of Labour recently announced the implementation of the new Labour Condition Application (LCA) form. The prior LCA form is no longer acceptable. The implementation of the new form will affect LCA processing, since additional information will now be needed to complete the new form. Among other changes, the new LCA form now requires the full legal name and any 'doing business as name' for end clients where the H-1B worker will be placed to perform job duties.

US election results: five key matters for financial services industry
Sidley Austin LLP
  • Banking
  • USA
  • 07 December 2018

In the recent election, the Democrats captured a majority in the House of Representatives and Representative Maxine Waters (D-Calif) is now in line to lead the House Financial Services Committee. As such, it is expected that a significant shift in legislative efforts relating to the financial services industry will occur. During the first Financial Services Committee hearing since the election, Waters announced that deregulation efforts are finished.

Consolidation of arbitration proceedings without consent: cautionary tale
Borden Ladner Gervais LLP
  • Arbitration & ADR
  • Canada
  • 06 December 2018

In a decision that is inconsistent with the weight of Canadian and international jurisprudence, the Court of Queen's Bench of Alberta recently ordered the consolidation of arbitration proceedings without the consent of all parties. For now, parties and practitioners should be aware that arbitrations seated in Alberta may be subject to consolidation without consent.

HCA publishes digital consumer protection strategy
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Hungary
  • 06 December 2018

The Hungarian Competition Authority (HCA) recently published a strategy paper presenting its views on consumer protection in the digital age. The paper subtly indicates that the HCA will continue to follow the European Commission's guidance in this regard. It also highlights the measures which the HCA deems necessary to protect consumers and keep up with the developments and companies central to this process.

Lessons to be learned: importance of impartial and independent arbitrators
  • Arbitration & ADR
  • International
  • 06 December 2018

The independence and impartiality of arbitrators are crucial to the legitimacy of international arbitration. Arbitration rules typically afford challenged arbitrators the opportunity to comment on a challenge, but they are silent as to the scope of participation permitted. A challenged arbitrator should cooperate with the decision maker and should in no circumstances appear to descend into the fray or display animosity toward the challenging party.

New commitment decision procedure for antitrust cases
Freshfields Bruckhaus Deringer LLP
  • Competition & Antitrust
  • Japan
  • 06 December 2018

As a result of recent amendments to the Anti-monopoly Act, the Japan Fair Trade Commission (JFTC) will soon have the power to accept voluntary commitments from companies. The changes will formally give the JFTC greater flexibility to deal with suspected infringement cases and align its powers with those of other competition authorities. However, in practice, they could have significant implications for the way in which the JFTC deals with both infringement and merger control cases.

Competition authorities celebrate 25th anniversary amidst signing of USMCA
SAI Law & Economics
  • Competition & Antitrust
  • Mexico
  • 06 December 2018

In 2018 the Federal Economic Competition Commission (FECC) and the Federal Institute of Telecommunications (IFT) celebrated their 25th anniversary. Both authorities have made good progress in carrying out their various functions throughout the years and have been recognised globally for their positive effect on the country's economy. However, it will be interesting to see how the US-Mexico-Canada Agreement contributes to Mexican competition policy once implemented by the FECC and the IFT.

CCI approves Walmart's acquisition of majority stake in Flipkart
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • 06 December 2018

The Competition Commission of India (CCI) recently approved Walmart International Holding's acquisition of 51% to 77% of the outstanding shares in Flipkart Private Limited. The CCI noted that both parties were engaged in business-to-business sales and that, as such, there was a horizontal overlap between them in the relevant market. Further, the CCI observed that Flipkart and Walmart's combined market share would remain less than 5%.

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