By Meryl Duval, Morrison Kent
By Ralph A. Dengler and Todd M. Nosher, Gibbons
Recent amendments to the Companies Act introduced the new requirement for New Zealand companies to have at least one ‘resident director’. Companies now also need to provide additional information to improve the NZ Companies Register and assist the Registrar of Companies (Registrar) to hold to account those who misuse it.
We previously reported on the new 35 U.S.C. § 299 of the America Invents Act. This statute aims, inter alia, to reduce the ability of a patent owner to join multiple, unrelated defendants in a single action, which is a tactic often employed by non-practicing entities ("NPEs"), sometimes referred to as "patent trolls," who press defendants for nuisance value settlements.
By Merrill April, Sarah Martin and Emily Parker, Memery Crystal
In February the government released a list of 360 businesses which have failed to pay their workers either the National Living Wage (NLW) or the National Minimum Wage (NMW). Debenhams’ name as a prominent retailer hit the headlines, with other big offenders being those in the hairdressing, hospitality and retail industries. Only last week Tesco needed to send an apology to staff for underpayment of wages, having paid some staff less than the NLW.
By Ralph A. Dengler and Thomas J. Bean, Gibbons
(Still) Waiting for Akamai and McKesson....
As the summer rolls along, IP practitioners still await the Federal Circuit's decisions in the en banc rehearings of Akamai Technologies, Inc. v. Limelight Networks, Inc., 629 F.3d 1311 (Fed. Cir. 2010) and McKesson Techs. Inc. v. Epic Sys. Corp., 98 U.S.P.Q.2d 1281 (Fed. Cir. 2011), which will address liability among multiple step performers accused of patent infringement.
By Merrill April, Memery Crystal
Sending employees overseas to international offices is becoming increasingly common in today’s business world. It is essential that the employee’s contract reflects what is expected of him or her in their new role abroad, and specifies the changes in line manager, salary, role, duration of role and other changes.
By Michael N. Mercurio, Offit Kurman
In today’s hyper-competitive employment market, nepotism has once again become a topic of contention. Job seekers who feel snubbed frequently claim they were overlooked in favor of the owner’s (or hiring manager’s) nephew, niece, cousin, or in-law. The perception is that family members always receive preferential treatment even when they’re under-qualified and unmotivated to perform the functions of their job, and that, in each instance, the business owner either doesn’t care or has no choice but to give the relative the job or face the family’s wrath.
By Dr. AttilaKovács, Kovács Réti Szegheõ Attorneys at Law
A new institution has been introduced by the Hungarian legislator for bankruptcy law, with the aim of contributing to enterprises' reorganisation and debt settlement. It is known as the 'Major Economic Operator of Preferential Status (MEOPS)'. In cases defined within the Act, an economic operator may be classified as a MEOPS if it is engaged in the pursuit of activities that are deemed to be of strategic importance for Hungary's national economic purposes, including the implementation of projects that have been given priority for national economic consideration.
By Bryce Town, Morrison Kent
The sale or purchase of all land in New Zealand is now caught by new legislation as of 1 October, 2015. All sellers and buyers must provide their lawyer with a completed and signed tax statement before possession of the land can be legally transferred.
On 11 October 2011 the European Commission decided on a proposal for an ordinance on a common European Convention on the Sale of Goods. The convention is set to further develop the single, standardized European market. At present, when it comes to cross-border trade between companies and overseas purchases by consumers, the 27 different national legal systems of the individual member states continue to apply in spite of the single market, which in practice represents a hindrance to both small-scale exporters and consumers.
By Ralph A. Dengler and Thomas J. Bean, Gibbons
In August, we reported that a decision in the en banc Federal Circuit rehearings of Akamai Technologies, Inc. v. Limelight Networks, Inc., 629 F.3d 1311 (Fed. Cir. 2010) and McKesson Techs. Inc. v. Epic Sys. Corp., 98 U.S.P.Q.2d 1281 (Fed. Cir. 2011) appeared to be imminent. As predicted, on August 31, 2012, the Federal Circuit issued an en banc, per curiam opinion deciding both cases.
By Michael Wendler, Wendler Tremml
Employing temporary staff, for which a Federal Labour Office permit is required, enables domestic and foreign companies to be particularly flexible in using staff in their work in Germany, enabling them to cover peak order loads and short-term staff requirements.
By Andrew Lacey, McCabes
In accordance with the 1994 World Trade Organisation Agreement on anti-dumping (to which Australia is a signatory), Australian legislation does not prohibit dumping (being the practice of exporting goods at lower than their “normal value” compared to the exporter’s domestic market) but rather regulates dumping through the imposition of “interim dumping duties” where it has caused material injury to the local Australian industry. In Australia, anti-dumping is regulated by the Customs Act 1901 (Cth) and the Customs Tariff (Anti Dumping) Act 1975 (Cth).
By Michiel Teekens, TeekensKarstens advocaten notarissen
One of the most interesting Dutch rulings on international law in 2016 came from the Court of Rotterdam (ECLI:NL:RBROT:2016:7258).
Faisal Alsayrafi, FTH Financial Transaction House
Published: 22 May 2011
By Aurelia Tramposch, Tramposch & Partner
In order to further enhance the attractiveness of Vienna as an arbitration venue, the revision of the Vienna Rules in 2013 strived to modernise and streamline arbitration proceedings. The revision was followed by an Amendment of the Austrian Arbitration Act this year, ensuring that annulment claims are directly decided by the Supreme Court as first and final instance.
By Rodolfo Sanchez Arellano, New Corporate Approach
Legal disputes in Mexico may be resolved by Iitigation or through alternative dispute resolution mechanisms, such as negotiation, mediation, conciliation and arbitration. Over the past few years, arbitration has been increasingly used in Mexico to settle commercial disputes.
By Nick Scott, Memery Crystal
International commercial arbitration is fast becoming the most popular means of dispute resolution for multinationals, particularly where one of the contractual counter-parties is a government or parastatal entity. The London Court of International Arbitration recorded a new high of 301 cases in 2013, up 10% from 2012, which may be down to arbitration’s more effective international enforcement regime. Figures for 2014 are not yet available but are thought likely to continue this upward trend. This is a high-level summary of the advantages and disadvantages of arbitration when compared with litigation in England, which should be considered by in-house lawyers and commercial decision makers when deciding on the most appropriate dispute resolution procedure at the time of entering into a contract.
Published: June 2011
Mexico was one of the many Latin American countries that amended their bankruptcy laws pursuant to the recommendations of the UNCITRAL Model law.
By Cornelia van Heerden, Heyns and Partners Inc
With the inception of the Companies Act 2008 (hereinafter referred to as 'the Act), South African corporate law practitioners were recently introduced to a new concept, the principle of Business Rescue.