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.

"The office dog ate the payroll records" … and other reasons for failing to pay National Minimum Wage

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.

(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 European Regulation on the Seizure of Bank Accounts Comes into Force

By Mariangela Buongiorno and Eugenia Notarangelo, Loconte & Partners

Debt recovery will be easier and faster thanks to the European Account Preservation Order procedure to facilitate the seizure of bank accounts: this is the expected new communitarian regulation.

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 New United States Tax Collection Tool: Revocation or Denial of a U.S. Passport

By Laurie B. Kazenoff, Esq., Moritt, Hock & Hamroff LLP

The United States Internal Revenue Service will soon begin implementing a new tactic for collecting delinquent taxes. Although the IRS has not yet begun certifying tax debt to the State Department, they have stated implementation will begin in 2017.

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.

Angola approves its accession to the New York Convention

By José Alves do Carmo and Tiago Pereira Monteiro, AVM Advogados

The Republic of Angola approved its accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards by means of the publication of the National Assembly Resolution no. 38/2016 of 12 August 2016.

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.

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