Articles

Expert Opinion on Indian Law

In a pending suit proceeding before the District Court of Harris County, Texas, USA (the “Court”), the Expert Opinion by way of Affidavit on Indian Law filed by Mr. Manoj K. Singh , (engaged by the Defendant) facilitated the Court to deny key claims of the Plaintiff.

In a nutshell, the Court had to decide on Defendant’s Motion to Take Judicial Notice of Indian Law in order to resolve a conflict of laws and to determine whether the law of India or the law of Texas should apply to the several of Plaintiff’s claims.

ATED: What's in the Envelope, George?

Lurking in the fine detail of the Chancellor’s Autumn Statement is the news that the annual tax on enveloped dwellings (ATED) is to increase in rate and scope, with effect from 1 April 2015.

Compliance - Do You Have A Program in Place?

Do you have a compliance program in place if the regulators come knocking? A compliance program is a bundle of policies and procedures designed to identify legal and regulatory problems, correct identified deficiencies, and create a mechanism to prevent future problems. To be considered "effective," a compliance program must contain several core elements. The eight elements noted by the United States Sentencing Commission Guidelines (USSCG), while not binding on Canadian compliance programs, provide a good blueprint that, if followed, would likely satisfy Canadian requirements. 

Role of Co-Owners under Indian Patents Act

In the patent licensing arena, widespread presumption is  that the Indian Patents Act 1970, treats ‘patent, published, but yet to be granted” as though the patent  is granted. With regard to commercialization of IPR,  patent licensing plays a pivotal role as a tool of business  and marketing.  And what about the provisions for the co-owners of a patent?

New Brazil Anticorruption Law

The Anticorruption Law (Law No. 12.846/2013), which sets forth administrative and civil  liability for corruption practices, indicates a change in the attitude and mentality of the companies, meaning that they now formally prevent the occurrence of wrongful acts, in compliance with the new law. 

Lack of Electricity: Force Majeure or Not?

Is  lack of electricity considered an event of Force Majeure for Non-Performance of a developer’s contractual obligations? Ashraf El Motei, Managing Partner of Motei & Associates, shares an insight into a recent judgment in the UAE. 

Justice for Victims of Terrorism Act

The introduction of the Justice for Victims of Terrorism Act S.C. 2012, c.1 s.2 (the “JVTA”) by the Ontario legislature allows victims of terrorism to seek redress against the foreign state, if such state is listed as a supporter of terrorism.

iGaming: Trusts to the Players' Rescue

Malta is regarded as one of the most popular gaming jurisdictions worldwide. Being a key player in this industry, Malta is endowed with the responsibility of ensuring sustainable growth of the industry and protection to all players who trust their deposits in online betting accounts. Malta should set a standard for all other European jurisdictions to follow and provide a model of regulated gaming based on best practices. 

Class Actions - The More the Merrier?

“Class Action” is a term most people associate with the United States.  Indeed it is a US phenomenon, and the birthplace of this kind of “representative” proceedings.  Some countries have followed suit, other countries have decided that this is not quite their cup of tea. In this article, we will examine the pros and cons of this regime generally and in particular, in a Hong Kong perspective.

Amnesty Programs

The adoption of an amnesty program by AG Siemens in 2008 and more recently by SNCLavalin in 2013 demonstrates the potential benefits such programs may have for corporate entities. However, such programs also have potential to be used for pre-emptive measures.