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Parliament adopts Information Security Act
Walder Wyss
  • Tech, Data, Telecoms & Media
  • Switzerland
  • 09 April 2021

Parliament recently approved a new Information Security Act (ISA), almost 10 years after proceedings were initiated. The ISA defines the minimum requirements that all federal authorities must fulfil to protect their information and IT infrastructure. Its approval is a welcome milestone which represents the conclusion of a long parliamentary process and will re-establish information security principles in the federal public sectors.

Indirect 'financial effect' of COVID-19 could be sufficient to defeat a winding-up petition
Squire Patton Boggs
  • Insolvency & Restructuring
  • United Kingdom
  • 09 April 2021

Following the government's extension of the restrictions on winding-up petitions until 30 June 2021, it is useful to note two recent cases that have considered the COVID-19 test that currently applies to winding-up petitions. In the first case, the judge took the view that the low threshold test for determining whether COVID-19 had had an impact on the financial position of the company was to be taken as settled law. In the second case, the judge offered some helpful insight into the meaning of 'financial effect'.

USTR Tai takes control of Trump tariffs
Arent Fox LLP
  • International Trade
  • USA
  • 09 April 2021

Now that United States Trade Representative Katherine Tai has officially assumed office, there have been some early developments to take ownership of both the ongoing investigations regarding digital service taxes and the EU Airbus dispute. These developments are consistent with Tai's goal of rebuilding US alliances while continuing to address the challenges posed by China and other countries.

Data protection regulation amendments: new information categories and data subject rights
Nagashima Ohno & Tsunematsu
  • Tech, Data, Telecoms & Media
  • Japan
  • 09 April 2021

In 2020 the Diet promulgated the Amendment Act of the Act on the Protection of Personal Information, which will come into force by June 2022. Further proposed amendments have recently been published which introduce new service provisions and information categories and strengthen the rights of data subjects. This article outlines the new provisions and information categories that the amendments introduce.

Supreme Court: mere retention of property does not violate automatic stay
Jones Day
  • Insolvency & Restructuring
  • USA
  • 09 April 2021

In January 2021 the Supreme Court held that a creditor in possession of a debtor's property does not violate the automatic stay, specifically Section 362(a)(3) of the Bankruptcy Code, by retaining the property after the filing of a bankruptcy petition. The court's decision provides important guidance to bankruptcy courts, practitioners and parties on the scope of the automatic stay's requirements.

Online marketing of tobacco products
Westerberg & Partners Advokatbyrå Ab
  • Tech, Data, Telecoms & Media
  • Sweden
  • 09 April 2021

Despite being heavily regulated, the marketing of tobacco products is rarely subject to judicial review. The Act on Tobacco and Similar Products prohibits the marketing of tobacco products, with three exceptions. This article discusses a Patent and Market Court judgment which clarifies the rules which apply to the online sale of tobacco products under the act.

Section 232 steel and aluminium duties litigation shifts into high gear
Arent Fox LLP
  • International Trade
  • USA
  • 09 April 2021

It has been almost three years since the 25% duties on steel imports and the 10% duties on aluminium imports pursuant to Section 232 of the Trade Expansion Act 1962 were first imposed and legal challenges are proliferating and there is renewed legislative interest in Section 232 reform. This article highlights legal challenges worth following and provides an update on the status of World Trade Organisation litigation and recent legislative proposals for Section 232 reform.

Composition of active mass under TRLC
Augusta Abogados
  • Insolvency & Restructuring
  • Spain
  • 09 April 2021

The Consolidated Text of the Bankruptcy Law introduces the concept of the 'active mass' of a bankruptcy, which constitutes all of the assets and rights integrated into the bankrupt's assets on the date of the declaration of bankruptcy, as well as those that are reintegrated to the bankrupt or acquired until the conclusion of the bankruptcy proceedings. This article sets out which assets and rights are included in and excluded from the active mass.

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International Law Office
  • Corporate Finance/M&A
  • International
  • 09 April 2021

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International Law Office
  • Shipping & Transport
  • International
  • 09 April 2021

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Economic substance requirements: overview
Ogier
  • Private Client & Offshore Services
  • Cayman Islands
  • 08 April 2021

The International Tax Cooperation (Economic Substance) Act reflected the Cayman Islands' commitment to its obligations as a member of the Organisation for Economic Cooperation and Development's global Base Erosion and Profit Shifting Inclusive Framework and corresponding EU requirements for no or nominal tax jurisdictions. This article summarises the key elements of the act and draws upon guidance issued by the Tax Information Authority.

FCO begins operating competition register: excluding companies from public procurement procedures
Fieldfisher
  • Competition & Antitrust
  • Germany
  • 08 April 2021

The Federal Cartel Office has begun operating the competition register. The competition register enables contracting authorities to check nationwide, by means of a single electronic query, whether a company has committed relevant legal violations and whether there are grounds for exclusion from public procurement procedures.

Do parties have an absolute right to dispute in person in Sweden?
Westerberg & Partners Advokatbyrå Ab
  • Arbitration & ADR
  • Sweden
  • 08 April 2021

Due to the ongoing COVID-19 pandemic, virtual hearings have become a common alternative to in-person hearings globally. To conduct a hearing online is not a problem under Swedish arbitration law, as long as both parties consent to it. On the other hand, it has been debated whether an arbitral tribunal can mandate that a hearing should be virtual instead of in person if one of the parties objects. The matter is currently being reviewed in a case in the Svea Court of Appeal.

UOKiK fines six manufacturers of railway sleepers for bid rigging
Schoenherr
  • Competition & Antitrust
  • Poland
  • 08 April 2021

In 2020 the Office of Competition and Consumer Protection (UOKiK) announced that it had fined six manufacturers of wooden railway sleepers more than €3 million for bid rigging. The UOKiK discovered that all of the firms had taken part in a tender organised by the Polish railway infrastructure manager for the supply of railway sleepers. However, the agreement had not been implemented as the railway infrastructure manager cancelled the tender when it suspected bid rigging.

Snapshot: 'momentous decision' applications by trustees
Ogier
  • Private Client & Offshore Services
  • Guernsey
  • 08 April 2021

The terms of a trust deed will usually extend the powers conferred on trustees by the Trusts (Guernsey) Law 2007. When deciding to exercise these powers, trustees must consider all of their legal and fiduciary obligations. However, it is not always that simple; at some point a trustee will be faced with a decision so important or complex that it wishes to seek the blessing of the Royal Court. In Guernsey, such applications are known as 'momentous decision' or 'blessing' applications.

Royal Court intervenes to set aside trustee decision
Ogier
  • Private Client & Offshore Services
  • Jersey
  • 08 April 2021

In a recent case, the Royal Court intervened to set aside a decision of the trustee not to make the spouse of the settlor a beneficiary in her own right. The court's decision has implications for trustees and their obligation to act reasonably despite the trustee setting out reasons for its original decision.

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International Law Office
  • Healthcare & Life Sciences
  • International
  • 08 April 2021

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International Law Office
  • Employment & Immigration
  • International
  • 08 April 2021

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International Law Office
  • Aviation
  • International
  • 08 April 2021

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Important amendments to document-keeping guidance for sponsors of workers
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 07 April 2021

The Home Office recently clarified the documentation that sponsors of workers must keep regarding their recruitment activity. The changes are helpful and should not be onerous for sponsors to comply with; however, there may be actions that some employers will need to take to ensure compliance. This article highlights the changes that are set out in Appendix D to the sponsor guidance, which covers document-keeping requirements for sponsors.

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