Latest updates

Law Commission report on proposed changes to commonhold
CMS Cameron McKenna Nabarro Olswang LLP
  • Real Estate
  • United Kingdom
  • 07 August 2020

The Law Commission recently published its reports on leasehold enfranchisement, right to manage and commonhold. The common theme in all three reports is to make each process simpler, quicker and more flexible and to reduce costs for leaseholders. While commonhold was introduced more than 15 years ago, it has hardly been used and the Law Commission seeks to make it a preferred alternative to residential leasehold.

Pentagon identifies 20 'Communist Chinese military companies'
Arent Fox LLP
  • International Trade
  • USA
  • 07 August 2020

The US Department of Defence recently published a list of 20 Chinese companies that have been identified as 'Communist Chinese military companies', complying with a two-decade-old mandate that Congress issued during the Clinton administration. The takeaway for companies, universities and individuals is that they should proceed with caution and carefully conduct due diligence when dealing with China.

AI regulation – an overview
Macesic & Partners
  • Tech, Data, Telecoms & Media
  • Croatia
  • 07 August 2020

At present, the regulation of the AI sector in Croatia is practically non-existent, as is the case in many other EU member states. This might be viewed as troublesome, as the technology is advancing rapidly without a specific legal control system to provide guidance. However, the issues arising from the use of AI are complex and difficult to foresee, which makes the legislative process time consuming and demanding.

ECJ declares EU-US Privacy Shield Framework invalid – impact on Switzerland
Walder Wyss
  • Tech, Data, Telecoms & Media
  • Switzerland
  • 07 August 2020

The European Court of Justice (ECJ) recently declared that the European Commission's decision that the United States ensured an adequate level of protection of personal data transferred under the EU-US Privacy Shield Framework was invalid. This article examines the effect that the ECJ's decision will have on the Swiss-US Privacy Shield Framework.

App governance panel issues special governance report on illegal collection of personal information
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 07 August 2020

The App Special Governance Panel recently issued the 2019 Special Governance Report on Apps for Illegal Collection and Use of Personal Information, summarising governance efforts from January 2019. According to the report, illegal collection and use activities by apps will be cracked down on and enterprises' capacity to protect personal information will be greatly improved. Further, knowledge of personal information protection by apps should be extensively available.

Administrative fines regime extended
Ogier
  • Private Client & Offshore Services
  • Cayman Islands
  • 06 August 2020

The Monetary Authority (Administrative Fines) (Amendment) Regulations 2020 recently came into force, extending the administrative fines regime beyond breaches of the Anti-money Laundering Regulations to a much broader spectrum of breaches under various Cayman regulatory laws. Of particular interest to Cayman bank licensees will be how breaches of the Banks and Trust Companies Law will be treated under the regulations.

Family governance in the digital age
Forsters LLP
  • Private Client & Offshore Services
  • United Kingdom
  • 06 August 2020

The COVID-19 pandemic has had two major implications for family governance structures. In the short term, travel restrictions and health risks have prevented business as usual for the foreseeable future. In the long term, the increasing use of digital communication by families and their professional advisers is disrupting governance structures in some cases. This article provides a practical checklist for family governance in the post-COVID-19 world.

SEBI clarifies status of married daughters who become promoters of listed companies
Cyril Amarchand Mangaldas
  • Private Client & Offshore Services
  • India
  • 06 August 2020

In India, many families are reluctant to pass their business wealth and assets onto their married daughters due to the perceived risk that the property ends up being controlled by their daughters' in-laws. This is even more pronounced for promoter families with significant holdings in listed companies. The Securities and Exchange Board of India recently issued informal guidance which dealt with a promoter gifting his shares to his married daughters and the implications under the relevant listed company regulations.

Secured lending in Guernsey
Ogier
  • Private Client & Offshore Services
  • Guernsey
  • 06 August 2020

Guernsey entities continue to be popular in asset-holding structures and, accordingly, lenders are regularly asked to put in place financing arrangements involving Guernsey entities. This article provides an overview of the mechanism under Guernsey law for the creation and enforcement of security over certain Guernsey-situated assets, such as the shares in a Guernsey company, certain contract rights and monies in a Guernsey bank account.

Doing justice in the face of a global pandemic
  • Arbitration & ADR
  • International
  • 06 August 2020

The resilience and innovation shown by the international arbitration community in recent months should be applauded. In the face of significant adversity, new and improved ways to resolve disputes and maintain access to efficient and effective justice have emerged. Notwithstanding the terrible circumstances that provided the impetus, recent months have disrupted the status quo and challenged normative beliefs around how disputes can and should be resolved.

FDA issues draft guidance on clinical research of cannabis and cannabis-related products
Baker McKenzie
  • Healthcare & Life Sciences
  • USA
  • 05 August 2020

The US Food and Drug Administration recently issued its draft guidance on clinical research for the development of drugs that contain cannabis or cannabis-derived compounds of botanical origin (as opposed to synthetic). The guidance provides some clarity on the use of cannabis in clinical research in light of the changes made by the Agriculture Improvement Act 2018, which federally legalised hemp and derivatives that contain no more than 0.3% by dry weight of THC.

ECJ on paid leave in case of unlawful dismissal and reinstatement: Italian viewpoint
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 05 August 2020

The European Court of Justice has ruled on a dismissed employee's right to indemnity for untaken holiday accrued during the period between their dismissal and the date of their court-ordered reinstatement. With respect to the Italian context, the prevailing case law confirmed by the Supreme Court excluded the dismissed employee's right to accrue holiday after his dismissal until the enforcement of the judicial order of reinstatement.

Fate of domestic routes post-COVID-19 hangs in balance
Waselius & Wist
  • Aviation
  • Finland
  • 05 August 2020

To reduce losses following the COVID-19 crisis, primary Finnish airline company Finnair has suspended many of its loss-making domestic flights to eastern and western Finland. One possible way to save the suspended domestic flight routes would be for the government to provide direct state aid to airlines that wish to operate them. However, such state aid would require EU Commission notification and approval.

COVID-19 reopening plans
McDermott Will & Emery
  • Employment & Immigration
  • USA
  • 05 August 2020

States have imposed their own obligations on employers as part of their reopening plans. Employer requirements and best practices depend on the employer's locations of operation and type of business but, at a high level, there are general trends with respect to state-imposed employer obligations, including maintaining safe working conditions and monitoring employee health, undertaking sanitisation efforts, requiring the use of personal protective equipment and promoting telework.

Employment-related measures to fight effects of COVID-19: regulatory update following lifting of state of emergency
CMS Albiñana & Suárez de Lezo
  • Employment & Immigration
  • Spain
  • 05 August 2020

In order to illustrate the current status of the COVID-19 extraordinary measures following the lifting of the state of emergency on 21 June 2020, this article summarises the key employment-related measures adopted since the state of emergency was declared and the updated regulation of each measure following the numerous amendments introduced subsequent to Royal Decree-Law 8/2020.

Court declines to dismiss claim against shipowner for death of shipyard worker following demolition sale
Wikborg Rein
  • Shipping & Transport
  • United Kingdom
  • 05 August 2020

Shipowners routinely give buyers in demolition sales complete freedom to deal with ships as they please following a sale, but do so at their peril. Shipowners are generators of waste under the Basel Convention and other laws and remain liable as such following a sale. Further, shipowners and those assisting them in such transactions may also incur liabilities in tort to third parties in connection with shipyard worker injuries and environmental damage occurring after a sale, as noted in a recent High Court judgment.

Home Office publishes COVID-19 minimum income policy for family visa route applicants
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 05 August 2020

The Home Office recently updated its policy guidance to confirm a surprisingly limited concession to the usual minimum income requirements that most applicants for partner and child visas must meet. The guidance is intended to ensure that applicants are not disadvantaged as a result of circumstances beyond their control because of COVID-19. However, it is concerning for multiple reasons.

Practical comparison between two of Guernsey's most flexible regulated fund products
Ogier
  • Corporate Finance/M&A
  • Guernsey
  • 05 August 2020

This article provides a practical comparison between two of Guernsey's most flexible regulated fund products: the registered collective investment scheme (registered schemes) and the private investment fund (PIFs). Both registered schemes and PIFs are used across all fund types and asset bases – from private equity funds investing in sustainable energy to hedge funds investing in smart technology.

Travelling from Spain – new self-isolation rules and employment
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 05 August 2020

A requirement to self-isolate for 14 days in order to limit the spread of COVID-19 has been re-imposed on all people returning to the United Kingdom from Spain. Happening in the middle of peak summer holiday season, how does this affect employees who are already travelling or due to travel in the next few weeks?

Tobacco yes, marijuana yes, vaping no: absurd approach to major health problem
Sanchez DeVanny Eseverri SC
  • Healthcare & Life Sciences
  • Mexico
  • 05 August 2020

The Mexican health authorities argue that the use of vaping products constitutes a health risk and promotes tobacco product use by smokers and non-smokers alike. Based on this interpretation, the health authorities have made several attempts to prohibit the sale and marketing of vaping products. Most of these attempts have been challenged by individuals or legal entities engaged in the tobacco industry, with favourable outcomes in the federal courts and the Supreme Court of Justice.

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