Latest updates

New oil producing states following discovery of deposits
Streamsowers & Köhn
  • Energy & Natural Resources
  • Nigeria
  • June 18 2018

The House of Representatives recently considered a motion to declare Kogi, Enugu and Anambra oil producing states following the discovery of oil and gas deposits in commercial quantities. It subsequently urged the federal government to hold bids for oil prospecting and mining of the discoveries and declare the states oil producing states.

Keemun GI certification trademark invalidated
Wanhuida Peksung
  • Intellectual Property
  • China
  • June 18 2018

The Beijing High Court recently overturned a first-instance judgment relating to a certification trademark filed by the Keemun Black Tea Association. In its decision, the court emphasised that geographical indication trademark applicants bear a higher obligation and must act in good faith when submitting filing documents, including by not producing forged application files and giving a full and accurate account of the circumstances.

The considerable value of Max Verstappen's likeness
AKD NV
  • Intellectual Property
  • Netherlands
  • June 18 2018

The Amsterdam District Court recently allowed a substantial damages claim following Dutch grocery delivery start-up Picnic's unlawful use of a lookalike of the famous Formula 1 driver Max Verstappen. This case clarifies that a person's right to control the use of their image cannot be violated easily. Although the parody defence is useful, the chance of success is limited if the parody is made in order to achieve commercial gain.

Two new reports published by Oil and Gas Authority share industry knowledge and plans on technical solutions for MER UK
CMS Cameron McKenna Nabarro Olswang LLP
  • Energy & Natural Resources
  • United Kingdom
  • June 18 2018

The Oil and Gas Authority recently released its UK Continental Shelf (UKCS) Technology Insights and Southern North Sea Salting Study reports. The reports focus on current work taking place in the industry to develop technical solutions to maximise economic recovery of UKCS hydrocarbon resources.

Insolvency goes digital: Regsol and its innovations
ALTIUS
  • Insolvency & Restructuring
  • Belgium
  • June 15 2018

The digitisation of different insolvency proceedings (ie, bankruptcies, judicial reorganisations and company voluntary agreements) recently reached a new milestone. All new insolvency files must now be commenced through the Central Solvency Register (Regsol) and followed up on the same system. Regsol offers a number of new features, including the electronic storage of insolvency files and a new declaration of debt form.

How to make sure that your real estate project succeeds
Santamarina y Steta
  • Real Estate
  • Mexico
  • June 15 2018

In determining the feasibility of a real estate project, an evaluation of the relevant financial and statistical analyses is not enough. Due to the complex and extensive legislative scope that developers now face, they must also consider the legal factors that will affect a project's implementation and operation, including with regard to the authorised use of a property, environmental zoning and ownership requirements, as well as the rights of indigenous communities.

Davis Tax Committee releases final reports
Cliffe Dekker Hofmeyr
  • Corporate Tax
  • South Africa
  • June 15 2018

The Davis Tax Committee (DTC) recently issued a media statement announcing the publication of four additional final reports and the conclusion of its work based on its terms of reference. The closing report on the work done by the DTC states that the 12 sub-committees consulted widely and that a number of themes emerged from the consultations with various stakeholders. The closing report also mentions some of the challenges faced by the DTC.

IRS implementation of tax reform continues to move forward
McDermott Will & Emery
  • Corporate Tax
  • USA
  • June 15 2018

The latest announcement by the Internal Revenue Service (IRS) focuses on the $10,000 cap on the amount of state and local taxes that can be deducted for federal income tax purposes. In a press release and release of guidance in the form of Notice 2018-54, the IRS announced that proposed regulations will be issued to help taxpayers understand the relationship between federal charitable contribution deductions in exchange for a tax credit against state and local taxes owed.

CPC deems minimum hotel accommodation prices anti-competitive
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Bulgaria
  • June 14 2018

The Ministry of Tourism recently proposed the introduction of minimum prices for sites categorised as 'accommodation places'. However, the Commission for Protection of Competition (CPC) opined on the proposal's compliance with competition rules. The CPC highlighted the fact that accommodation prices depend on many factors other than category, which makes it practically impossible to set a minimum price for a category that would be adequate in every case.

Avoiding evasion: court takes pragmatic approach to serving uncooperative defendants abroad
Harney Westwood & Riegels
  • Private Client & Offshore Services
  • British Virgin Islands
  • June 14 2018

International litigation and asset recovery require the pursuit of defendants and their assets across borders; therefore, it is a routine aspect of BVI litigation for claimants to serve legal documents abroad. Two recent decisions should significantly decrease the delay in effecting service abroad and pave the way for a more efficient approach to service out in the future.

DOJ continues intense focus on decree compliance
McDermott Will & Emery
  • Competition & Antitrust
  • USA
  • June 14 2018

The US Department of Justice Antitrust Division has further intensified its compliance focus by announcing the creation of the Office of Decree Enforcement, which will have the sole goal of ensuring compliance with, and enforcement of, Antitrust Division decrees. Firms that operate under existing decrees should stay ahead of any complaints of violation, as a newly energised and dedicated enforcement office will likely be investigating any claimed default.

JFTC considers application of Anti-monopoly Act to HR practices
Freshfields Bruckhaus Deringer LLP
  • Competition & Antitrust
  • Japan
  • June 14 2018

In recent years, there has been a selection of work-style reforms in Japan, as well as a general move away from lifetime employment and a welcoming of more diversified ways of working, such as self-employment. In this context, the Japan Fair Trade Commission recently published its Report of Study Group on Human Resource and Competition Policy. The report covers three substantive topics: concerted practices, unilateral conducts and undesirable activities.

Enforcement proceedings against state entities – from one end to another
  • Arbitration & ADR
  • International
  • June 14 2018

In most jurisdictions, when it comes to enforcing an arbitral award against a non-paying or recalcitrant state or a state-owned entity, the road can be long and full of obstacles. Enforcing parties should be mindful of the jurisdiction-specific nuances of enforcing awards in different countries, as well as the tactics commonly used by recalcitrant parties to obstruct or delay enforcement.

Abuse of dominance enforcement – what's next?
BMA Barbosa Müssnich Aragão
  • Competition & Antitrust
  • Brazil
  • June 14 2018

Since the start of 2018, following a period in which it focused on the persecution of cartels, the Administrative Council for Economic Defence (CADE) has directed more resources towards concluding pending abuse of dominance matters and occasionally launching new dominance cases. In so doing, the most pertinent question has become: how will CADE deal with dominance in future?

All in the family: court removes restriction on employment of spouses and blood relatives
Makarim & Taira S
  • Employment & Benefits
  • Indonesia
  • June 13 2018

Previously, under the Manpower Law, employers in Indonesia could include an article in their employment agreements, company regulations or collective labour agreements which allowed them to terminate employees for having a marital or blood relationship with another employee in the same company. However, the Constitutional Court recently sided with eight individual claimants who contended that the wording of the law contravened their constitutional rights.

Navigating the murky waters of employee bonuses and incentive payments
Lander & Rogers
  • Employment & Benefits
  • Australia
  • June 13 2018

Navigating the payment of bonuses or incentive payments can be a tricky legal issue. One question that clients regularly ask is how discretionary is an employer's discretion when it comes to awarding a bonus or setting an employee's annual remuneration? As with most legal issues, there is no quick answer, but there are some tips from case law which can provide guidance.

New rules regarding salary payments in event of illness
Castegnaro
  • Employment & Benefits
  • Luxembourg
  • June 13 2018

A new law has modified various provisions of the Labour Code, including Article L121-6(3) regarding salary payments in the event of illness. Following the issuance of the new rules, the majority of case law in this regard has become redundant. Now, employers must prove whether employees received their work schedule before falling ill.

Regional court prohibits HolidayPirates' error fare alerts
Arnecke Sibeth Dabelstein
  • Aviation
  • Germany
  • June 13 2018

The Munich Regional Court recently addressed the promotion of error fares by an online portal for cheap flights, hotels and travel packages in Germany. The promotions, which had encouraged customers to book error fares for flights published accidentally by airlines, were deemed unlawful due to a deliberate obstruction of competition in contravention of the Act Against Unfair Competition. The court's decision is appropriate considering the high number of consumers reached by online portals.

MIIT issues guidelines on commercialisation of mobile communications resale services
  • Telecoms
  • China
  • June 13 2018

The Ministry of Industry and Information Technology (MIIT) recently issued its Notice on the Formal Commercialisation of Mobile Communications Resale Services, under which private enterprises, state-owned enterprises and foreign-invested enterprises may apply to undertake mobile communications resale services. Applicants must apply to the MIIT or their regional communications administration for the corresponding telecoms business licence and submit contracts signed by the major telecoms companies.

Teva seeks leave in levofloxacin damages assessment
Smart & Biggar/Fetherstonhaugh
  • Healthcare & Life Sciences
  • Canada
  • June 13 2018

The Federal Court of Appeal recently dismissed Teva's appeal regarding the quantification of damages for its infringement of Janssen's patent for levofloxacin (Levaquin). The Federal Court of Appeal rejected Teva's arguments, finding that the Federal Court had not erred in constructing the hypothetical world and that its factual findings were supported by evidence. On 26 March 2018 Teva applied to the Supreme Court for leave to appeal.

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