Latest updates
Composition of active mass: valuation of goods and rights
Augusta Abogados- Insolvency & Restructuring
- Spain
- 14 May 2021
Under the Consolidated Text of the Bankruptcy Law, the bankruptcy administration must prepare an inventory of an insolvent party's assets and rights, including their value, by the end of the day immediately preceding the day on which it presents its report. This article discusses the valuation of goods and rights included in the inventory.
Gambling advertising: never work with animals or children
Wiggin LLP- Tech, Data, Telecoms & Media
- United Kingdom
- 14 May 2021
The Advertising Standards Authority (ASA) recently issued two reminders to the gambling industry around various key principles in connection with social responsibility and the use of animals in advertising. The ASA also intends to provide an update in mid-2021 on the outcome of its 2020 public consultation on proposals to introduce new strengthened rules and guidance to better protect children and young and vulnerable people from potential harm relating to gambling advertising.
First Swiss-Brazilian DTA to become reality in 2022
Walder Wyss- Corporate Tax
- Switzerland
- 14 May 2021
The first double taxation agreement (DTA) between Switzerland and Brazil will apply as of 1 January 2022. Brazil is already Switzerland's most important trading partner in Latin America, while Switzerland is the sixth largest investor in Brazil. The DTA will further enhance Switzerland's attractiveness for Latin American investments and provide investors with legal certainty in tax matters.
NCC invites public comments on amendment to Cable TV Act
Shay & Partners- Tech, Data, Telecoms & Media
- Taiwan
- 14 May 2021
Following its unsuccessful attempt in 2020 to introduce mandatory binding arbitration into the Cable TV Act, the National Communications Commission (NCC) has proposed an alternative dispute resolution scheme for entertainment licensing between channel operators and cable system operators. The NCC will soon initiate a public consultation on the proposed amendment to the Cable TV Act, which will advocate a new conciliation scheme to be followed by an arbitrary NCC decision on content licence fees.
Guide to classifying and evaluating risks of most-favoured customer clauses
ELIG Gurkaynak Attorneys-at-Law- Competition & Antitrust
- Turkey
- 13 May 2021
This article summarises how most-favoured customer (MFC) clauses became a major competition law issue in Turkey, especially for large online platforms, and how the relevant case law has developed. It aims to provide a guide for classifying a range of MFC-like clauses and evaluating the competition law-related risks.
The changing ESG landscape: keeping Guernsey ahead of the curve
Ogier- Private Client & Offshore Services
- Guernsey
- 13 May 2021
In recent years, environmental, social and governance investing has evolved into a financial industry megatrend – one that has been accelerated by the COVID-19 pandemic and shows no sign of slowing. This article examines this trend and considers how Guernsey positioned to build on its funds offering in this changing environment.
How to avoid being referred to JFSC Enforcement – and what to do if you are
Ogier- Private Client & Offshore Services
- Jersey
- 13 May 2021
With the Jersey Financial Services Commission (JFSC) taking – and wanting to be seen to be taking – an increasingly robust approach with regulated firms, it is only natural for firms to ask what they can do to avoid a referral to the JFSC's Enforcement division and, if they are referred, what steps they can take to manage the risk of formal sanction.
Termination ban and unilateral unpaid leave extended once again
Gün + Partners- Employment & Immigration
- Turkey
- 12 May 2021
In April 2020 the termination ban and unilateral unpaid leave came into force, prohibiting employers from terminating any employment contract – regardless of whether it fell within the scope of the Labour Act – for three months as of the effective date of the law. The termination ban and unilateral unpaid leave have since been extended several times, most recently until 30 June 2021.
COVID-19 vaccination – updated FAQs for employers
Lewis Silkin- Employment & Immigration
- United Kingdom
- 12 May 2021
Employers are facing many difficult and untested employment law issues as the United Kingdom rolls out its COVID-19 vaccination programme. These FAQs cover whether employers can make vaccination compulsory for employees, alternatives to a mandatory requirement, time off for vaccine appointments, handling vaccine objectors, data privacy concerns and other issues.
Brexit's impact on Malta as a choice of maritime flag
Fenech & Fenech Advocates- Shipping & Transport
- Malta
- 12 May 2021
Brexit has given rise to a new opportunity for the Malta Ship Registry to consolidate its prominent global maritime flag position and may have a lasting positive impact in this respect. However, the uncertainties caused by Brexit are not the only reason why Malta is a popular flag choice; this article outlines some of the additional benefits.
Damning investigation report of Ju 52 crash and its legal fallout
Proton Legal LLC- Aviation
- Switzerland
- 12 May 2021
Swiss Transportation Safety Investigation Board investigators recently released a report on the crash of a vintage Junkers Ju 52 aircraft, operated by Ju-Air. The report found that the aircraft had stalled after the pilots navigated it in a high-risk manner into a narrow valley at a low altitude and a dangerously low airspeed with its centre of gravity out of limits. The investigation detailed a deficient safety culture that permeated every aspect of Ju-Air.
LO and NHO agree temporary changes to temporary lay-off rules
Homble Olsby | Littler- Employment & Immigration
- Norway
- 12 May 2021
The Norwegian Confederation of Trade Unions and the Confederation of Norwegian Enterprise recently agreed to temporarily extend the interruption period for temporary lay-offs from six weeks to 10 weeks. This change will last until 30 September 2021 and makes it easier and less risky for employers to bring temporarily laid-off employees back to work.
DHS postpones REAL ID deadline again
Cozen O'Connor- Aviation
- USA
- 12 May 2021
The US Department of Homeland Security has again postponed the deadline for compliance with the REAL ID Act 2005. Under the REAL ID Act, federal agencies may not accept state-issued driver's licences or ID cards for 'official purposes' – including clearance through Transport Security Administration security checkpoints at airports – unless those documents meet certain minimum requirements. The deadline extension is welcome news for US airlines and the US travel industry.
Home Office seeks details of current costs of immigration sponsorship
Lewis Silkin- Employment & Immigration
- United Kingdom
- 12 May 2021
The Home Office recently sent a voluntary survey to sponsors of workers to gather information about the time and cost associated with holding their sponsor licence. This will be used to assist the Home Office to design an improved sponsorship system for workers and to evaluate it once implemented. The proposed changes to the system are substantial and are aimed at streamlining and simplifying processes for sponsors, as well as delivering a faster process for bringing migrants to the United Kingdom.
Topical issues in Irish employment law
Lewis Silkin- Employment & Immigration
- Ireland
- 12 May 2021
This article focuses on three areas of employment law in Ireland that have seen recent significant developments: employment status and the gig economy (in particular, whether the UK Uber decision will have an impact in Ireland), collective bargaining arrangements and gender pay gap reporting.
Can work survive without collective agreements?
Waselius & Wist- Employment & Immigration
- Finland
- 12 May 2021
Collective agreements have become a natural part of the Finnish working life and almost 90% of all Finnish employees are covered by such an agreement. However, the tide is shifting, with major employer federations withdrawing from negotiation tables. This raises the question of how employment relationships are organised in sectors that are not directly affected by existing collective agreements.
Mobile ridesharing industry: risk management
Wilson Elser- Shipping & Transport
- USA
- 12 May 2021
As e-scooters and e-bikes become more prolific in cities throughout the United States, associated litigation also becomes increasingly important. In an industry which is experiencing unprecedented growth yet seems to have a secured future, there are many factors to consider – from legislation and litigation to insurance and environmental impact.
Limitation of shipowners' liability
Dardani Studio Legale- Shipping & Transport
- Italy
- 12 May 2021
The concept of limitation of a shipowner's liability is well known in maritime law and is generally the same across many maritime jurisdictions. However, the government's failure to ratify the Convention on Limitation of Liability for Maritime Claims 1976 and its Protocol of 1996, coupled with an unclear amendment to the regime set out by the Code of Navigation, suggests that Italy may have forgotten the importance of the limitation regime.
Airport operator's liability towards passengers in terminals
Levitan, Sharon & Co- Aviation
- Israel
- 12 May 2021
The Jerusalem Magistrates Court recently accepted a claim filed against the Israeli Aviation Authority (IAA) by a passenger who had been injured while colliding with another person at Ben-Gurion International Airport, which the IAA operated. The court ruled that the presence of ground stewards in the terminal – even if considered to be a high standard – could have prevented the collision between the plaintiff and the other person.
Stepping out of the shadows: RBI's proposed scale-based approach to NBFC regulation
AZB & Partners- Banking & Financial Services
- India
- 11 May 2021
The Reserve Bank of India recently issued a discussion paper which proposes a significant overhaul of its approach to the regulation of non-banking financial companies (NBFCs), commonly referred to as 'shadow banks'. Recent events – in particular, defaults at certain storied NBFC groups and the effect thereof on the sector and financial markets as a whole – have brought the need to further tighten NBFC regulation into sharper focus.
