Latest updates

Clawback: chasing assets
ALTIUS
  • Insolvency & Restructuring
  • Belgium
  • 13 December 2019

The legal form of the actio pauliana offers options for creditors which are confronted with debtors that are disposing of important assets or organising their insolvency. This article reflects on some of the options offered under Belgian law by the actio pauliana, commonly referred to in English as the 'clawback' rules.

New cryptography law comes into force
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 13 December 2019

The Standing Committee of the National People's Congress recently approved the Cryptography Law. Under the law, cryptography is divided into core cryptography, ordinary cryptography and commercial cryptography. If a commercial cryptography product concerns state security, the national economy, people's livelihoods or social public interests, it will be included in the catalogue of critical network equipment and dedicated cybersecurity products under the law.

Federal Council adopts dispatch to improve legal framework for blockchain and DLT
Walder Wyss
  • Tech, Data, Telecoms & Media
  • Switzerland
  • 13 December 2019

The Federal Council recently adopted a dispatch message to improve the legal framework governing distributed ledger technologies (DLT) in Switzerland. The Federal Council's objective is to increase legal certainty, remove obstacles to DLT-based applications and limit the risk of abuse. The Swiss parliament will examine the dispatch message in early 2020.

Administration tests waters for unprecedented government review of international technology transactions
Arent Fox LLP
  • International Trade
  • USA
  • 13 December 2019

Providers of telecoms, internet and digital services, as well as IT vendors and equipment manufacturers, will soon find doing deals with foreign entities a little more risky and complicated. A new review process soon to be underway at the Department of Commerce is designed to ferret out transactions that pose a threat to US national security, but provides parties whose deals are being evaluated little time to comment.

Digital tax developments
Fischer Behar Chen Well Orion & Co
  • Corporate Tax
  • Israel
  • 13 December 2019

The Organisation for Economic Cooperation and Development (OECD) set a goal to deliver by 2020 a final report that includes a consensus approach with respect to the challenges of the digital economy, both the allocation of taxation rights (pillar one) and Base Erosion and Profit Shifting issues (pillar two). What are the latest proposals of the OECD and where does Israel stand?

Regulator clarifies key aspects of trademark use in keywords
Gorodissky & Partners
  • Tech, Data, Telecoms & Media
  • Russia
  • 13 December 2019

Keywords play an important role in e-marketing. After typing a specific product name, company name or brand in a search engine, potential customers and users may view specific offers and data, including ads. Further, the list of offers may represent certain keywords selected by an advertiser. Unsurprisingly, the selection and reproduction of designations as keywords can trigger various trademark use concerns that inevitably lead to enforcement issues.

Main changes to company taxation in 2020
Gorodissky & Partners
  • Corporate Tax
  • Russia
  • 13 December 2019

Over the past year, Parliament has adopted several laws amending the Tax Code regarding the taxation of legal entities. This article examines the most significant tax innovations expected in the corporate sector in 2020 which concern corporate income tax, transport and land taxes and changes in tax administration rules.

It's confirmed! CIPAA applies prospectively to construction contracts
Shearn Delamore & Co
  • Arbitration & ADR
  • Malaysia
  • 12 December 2019

After much anticipation, the Federal Court has finally confirmed that the Construction Industry Payment and Adjudication Act 2012 applies only to construction contracts entered into after the act took effect on 15 April 2014. As such, any adjudication proceedings based on a claim arising from a construction contract which was entered into before that date, including adjudication decisions, are null and void.

Supreme Court confirms that inadequately justified arbitral award amounts to arbitrator misconduct
George Z Georgiou & Associates LLC
  • Arbitration & ADR
  • Cyprus
  • 12 December 2019

In a recent Supreme Court case, the appellant appealed against a first-instance judgment in which he had sought to annul an arbitral award. The dispute related to the non-payment of a loan granted by the respondent to the appellant and a subsequent challenge of the amount owed. Arbitration had taken place in which the arbitrator had issued his decision in favour of the respondent.

CAT upholds decision on outdoor media owners' discount rates
Gorrissen Federspiel
  • Competition & Antitrust
  • Denmark
  • 12 December 2019

The Competition Appeals Tribunal recently upheld a decision by the Competition Council which found that two outdoor advertising companies, Clear Channel Danmark A/S and AFA JCDecaux A/S, had coordinated discount rates through an agreement. The council found that this anti-competitive behaviour had continued as a concerted practice for several years after the agreement had expired.

Institutional cooperation to address competition challenges of digital economy
SAI Law & Economics
  • Competition & Antitrust
  • Mexico
  • 12 December 2019

The Federal Telecommunications Institute (IFT) has exclusive jurisdiction over cases, procurement and advocacy in competition matters relating to the broadcasting and telecoms sectors, while the Federal Economic Competition Commission (COFECE) has jurisdiction in competition matters regarding all other sectors. While this allocation of jurisdiction between the IFT and the COFECE may appear straightforward, in reality, there is no clear-cut division of powers with regard to digital markets.

Court exempts airline from Immigration Authority fine
Freidenberg Freidenberg & Lifsic
  • Aviation
  • Argentina
  • 11 December 2019

The Immigration Authority (DNM) repeatedly imposes substantial fines on carriers. Despite the fact that in many cases these fines have been wrongly imposed, airlines must pay any outstanding fines in order to file a judicial complaint against the DNM, so the fines are widely viewed as another cost of operating in Argentina. That said, a number of airlines have recently challenged the DNM's fines and the courts have given a clear sign that, even with the above difficulties, it is worth challenging this legal loophole.

Moral harassment in the workplace: what is Luxembourg's stance?
Castegnaro
  • Employment & Benefits
  • Luxembourg
  • 11 December 2019

The International Labour Conference recently adopted Convention 190 on Violence and Harassment at Work, which reminds member states of their responsibility to promote a general environment of zero tolerance. In its preamble, the convention states that violence and harassment in the world of work can be a violation of human rights and threaten equal opportunities and are incompatible with decent work. But what is the legal framework in Luxembourg?

Marketing authorisation holder lacks standing to challenge off-label prescription for unlicensed products
Westerberg & Partners Advokatbyrå Ab
  • Healthcare & Life Sciences
  • Sweden
  • 11 December 2019

The Swedish system for medicinal products is generally product based. Prescriptions as such are product based (ie, by brand name or generic product name) and the indication for which the product is intended cannot be filled in anywhere by the prescriber. Off-label prescriptions are therefore not generally possible in the 'official' prescription system. However, when it comes to accessing unlicensed medicinal products, the system for licences on a named-patient basis works differently.

Recent case law on compulsory licences and use-up periods
Simmons & Simmons LLP
  • Healthcare & Life Sciences
  • Germany
  • 11 December 2019

According to Section 24(1) of the German Patent Act, a compulsory licence can be granted to a patent infringer. Recent case law suggests that this possibility is becoming increasingly relevant. Further, in a recent originator-originator pharma case, the enforcement of a recall obligation was for the first time suspended for a certain period for public health reasons.

Superior Labour Court rules out simultaneous use of hazard allowance and risk premium
CGM Advogados
  • Employment & Benefits
  • Brazil
  • 11 December 2019

The Labour Code provides for two payments which eligible employees can receive in addition to their base salary: the hazard allowance and the risk premium. Since 2015, the Superior Labour Court panels have issued conflicting decisions on whether employees can receive the hazard allowance and the risk premium simultaneously. Now, the Superior Labour Court has determined that the additional payments cannot be received simultaneously, even if employees are exposed to different adverse conditions.

PMPRB releases draft guidelines operationalising amended Patented Medicines Regulations
Smart & Biggar
  • Healthcare & Life Sciences
  • Canada
  • 11 December 2019

The Patented Medicines Prices Review Board recently released new draft guidelines for consultation and a backgrounder. The new guidelines aim to operationalise the amended Patented Medicines Regulations, which come into force on 1 July 2020, and provide a number of circumstances in which categories or price ceilings may be reassessed.

Salary insurance for employee illness
Rihm Rechtsanwälte
  • Employment & Benefits
  • Switzerland
  • 11 December 2019

If employees become ill through no fault of their own and are therefore unable to work, they are still entitled to a wage. Employers' obligation to continue to pay wages is governed by Article 324a of the Code of Obligations. Employers may release themselves from this obligation if they offer employees health insurance for a daily allowance. The Federal Supreme Court has formulated the requirements for employee health insurance.

Constitutionality of 5% interest rate payment rule under Press Labour Law
Gün + Partners
  • Employment & Benefits
  • Turkey
  • 11 December 2019

The Constitutional Court recently found that the requirement for employers to pay interest at a rate of 5% for each day that a journalist's overtime payments remain outstanding conflicts with the Constitution. The court ruled that this requirement places an excessive burden on employers and may result in journalists' unjustified enrichment. Therefore, the court repealed the provision on the grounds that it breached the principles of proportionality and equality.

Election manifestos – what are the main parties pledging on employment issues?
Lewis Silkin
  • Employment & Benefits
  • United Kingdom
  • 11 December 2019

Despite the dominance of Brexit, employment issues are one of the main election battlegrounds for all of the major political parties. There is a particular focus on current hot topics, including insecure work and the gig economy, the gender (and other) pay gaps and new mechanisms for enforcing employment rights. This article covers the key employment measures that have been proposed by the Conservatives, Labour, the Liberal Democrats, the Green Party and the Scottish National Party.

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