Law

New Zealand Company Compliance Update – New Resident Director Requirement

By Meryl Duval, Morrison Kent

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.

"Shield Act" Introduced to Thwart NPEs ...

By Ralph A. Dengler and Todd M. Nosher, Gibbons

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.

(Still) Waiting for Akamai and McKesson ....

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.

10 Tips for employers when sending employees abroad

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.

8 Questions to Ask When Hiring Family Members

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.

A new institution in Hungarian bankruptcy law

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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.

A standardized European Convention on the Sale of Goods by no means sells itself

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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.

Akamai and McKesson: Inducement Liability for Infringement by Multiple Actors

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.

Amendments to Temporary Staff Employment Law in Germany as of 1 April 2017

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.

Anti-Dumping in Australia

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).

Arbitration - new Vienna Rules

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.

Arbitration as an alternative for solving disputes in Mexico

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.

Arbitration: the Good, the Bad and the Ugly

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.

Brief introduction to Mexican bankruptcy law

Mexico was one of the many Latin American countries that amended their bankruptcy laws pursuant to the recommendations of the UNCITRAL Model law.

Business rescue as an alternative to liquidation in South Africa

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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.

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Geneva Group International AG Zürich, a joint-stock company incorporated under Swiss law with Swiss company registration number CH-170.3.020.433-0 whose registered office is at Schaffhauserstrasse 550, CH-8052 Zurich, Switzerland, (hereinafter referred to as "GGI") is in charge of the data supplied to this Website and the processing of such data. This website is managed by GGI. The goal of this target group is to develop additional sustained and diversified business opportunities on the basis of these relationships.

For the purposes of this Privacy Statement, member firms, correspondent firms, associated firms of GGI and other companies assisting GGI in running and maintaining this website are together described as Partners.

GGI provides information and documentation on World Wide Web sites, such site(s) being known as the GGI Internet (hereinafter referred to as the "Website"). This page contains the information gathering and use policies adopted by GGI in connection with the Website. These policies are subject to periodic review and any changes will be included within this section of the Website.
GGI is not responsible for the privacy policies of third party sites to which links are provided (including sites of Partners of GGI). The privacy policies on these sites should be checked before providing any personal information to these sites.

GGI is committed to the protection of personal information supplied by clients and prospective clients and other users of this Website. GGI provides further support and specialised services for Partners most of whom are situated outside Switzerland in countries which may not afford an adequate level of protection for personal data. Personal information submitted to the Website may be transferred to other Participant Firms outside of Switzerland to the extent necessary to meet the purpose for which the information was submitted. In submitting personal data to this Website in connection with a request for support and specialised services, the individuals concerned consent to the transfer of their personal data outside Switzerland to the extent necessary to comply with the request.

Collection of information

GGI will only collect and use personal data voluntarily and openly provided to this Website. Authorised users are able to browse the Website without disclosing any personal information. An authorised user of this Website may choose to provide GGI with limited personal data as required in order to register for certain services; once registered the information will only be used for the specified purpose(s). If you provide any data by completing the appropriate spaces on this Website or by sending a message to GGI by any means (particularly e-mail) you confirm that you agree that GGI may save, analyze and/or use the date for any purposes, including, but not limited to sending information and brochures to you. You may revoke your consent to the further use of the transmitted data by GGI at any time by sending an e-mail to GGI.

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GGI will provide personal information to third parties in the following circumstances:
 
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Information collected from authorised users of the Website will be kept in order to provide the required services as well as for statistical purposes. Once the service has been completed all information will be destroyed in accordance with GGI's data retention policies. Where the information has been collected in connection with an expression of interest in working for GGI or a Partner it is agreed that GGI may use, hold and destroy personal data supplied in connection with the initial expression of interest in accordance with GGI's standard recruitment procedures:
 
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Where the authorised user of the Website has provided additional information, personal details will be retained for a period of time reasonable in the context of the nature of the request.

If these conditions are not acceptable the site should not be further used.

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GGI has implemented accepted standards of technical measures and security policies that are aimed at protecting the personal data it has under its control from:
 
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All GGI personnel are required to keep personal information confidential and only authorised persons have access to such information.

Please note that the Website contains links to other sites (including sites maintained by Partners) which are not governed by this privacy statement.

Additional general conditions governing the Legal Disclaimer and the Privacy Statement

The rejection of any liability and/or responsibility regarding the Website and its content and other terms and/or conditions contained in this legal information are also applicable to all companies associated or affiliated with GGI, particularly GGI member firms (Partners).

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The Legal Disclaimer and the Privacy Statement indicated above shall be governed by and are construed in accordance with Swiss substantive laws (excluding the rules of the conflict of laws) and the courts of Zurich, Switzerland shall have exclusive jurisdiction in any possible dispute.


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